liilt 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


COWDERY'S 

FORM  BOOK 

LEGAL  AND  COMMERCIAL 


ADAPTED   TO   USE   IN  ALASKA,    ARIZONA,    CALIFORNIA,    COLORADO,    HAWAII. 

IDAHO,     KANSAS,     MONTANA,     NEBRASKA,     NEVADA,     NEW     MEXICO, 

NORTH     DAKOTA,     OKLAHOMA,     OREGON,      SOUTH     DAKOTA. 

UTAH,    WASHINGTON    AND    WYOMING 

BY 

JABEZ  F.  COWDERY 


NEW  EDITION 

BY 

CURTIS  HILLYER 

Of  the  San  Francisco  Bar 


SAN  FRANCISCO 

BANCROFT-WHITNEY  COMPANY 
1918 


T 


at^zl^ 


Copyright,  1905, 

BY 

BANCEOFT-WHITNEY  COMPANY 


Copyright,   1918, 

BY 

BANCROFT-WHITNEY  COMPANY 


San   Fra^icisco 

The  Filmer  Brothers  Electrotype  Company 

Typographers  and  Stereotypees 


PREFACE. 


There  are  two  uses  for  a  Book  of  Forms :  the  first  is  to  furnish 
models  to  be  copied  or  adapted,  and  the  second  is  to  furnish  hints 
and  suggestions.  Both  of  these  objects  have  been  kept  in  mind  in 
the  preparation  of  this  book.  It  is  hoped  that  it  will  be  found 
to  contain  all  of  the  forms  usually  required  for  ordinary  business 
purposes.  In  addition,  there  are  a  large  number  of  forms  whose 
purpose  is  merely  to  furnish  the  practitioner  with  suggestions 
along  the  lines  which  he  may  be  working. 

A  great  deal  of  the  matter  contained  in  former  editions  of  this 
book  has  been  omitted  as  obsolete  or  unnecessary.  Many  new 
forms  appear  here  for  the  first  time. 

With  the  growing  importance  of  the  state  regulating  commis- 
sions, a  demand  has  arisen  for  models  of  forms  to  be  used  before 
them.  The  Torrens  Title  System,  adapted  from  the  Australian 
law,  is  rapidly  coming  into  vogue  in  this  country,  and  the  system 
of  business  trusts,  known  as  the  "Massachusetts  Trust,"  is  likewise 
standing  throughout  the  country.  To  meet  these  growths  these 
forms  have  been  included  in  this  book. 

The  editor  desires  to  acknowledge  his  indebtedness  to  Mr. 
"Walter  H.  Robinson,  of  the  San  Francisco  Bar,  for  permission 
to  use  forms  prepared  by  him  for  proceedings  under  the  Torrens 
Act. 

To  avoid  duplication,  the  forms  applicable  to  both  justices' 
and  superior  courts  appear  in  the  book  but  once.  Where  forms 
are  applicable  to  justices'  courts  only,  they  are  so  indicated. 

January,  1918. 

CURTIS  HILLYER. 
(iii) 


^^U71 


Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/cowderysformbookOOcowd 


TABLE  OF  CONTENTS. 


FORMS 

Accord  and  Satisfaction  1~       ^ 

Accounts  of  Executors  and  Administrators  13-     37 

Account  Stated    48-     49 

Acknowledgments    ^^~  -^^ 

Admission  to  Practice 245-  249 

Adoption    250-  255 

Affidavits     266-  283 

Agent  for  Absentees 290-  297 

Agreed  Case  302 

Alienation  of  Affections   313 

Answer   ^-^4"  ^^^ 

Appeal    350-  374 

Appearance    380 

Arbitration  and  Award  390-  423 

Arrest  and  Bail  in  Civil  Actions  434-  453 

Arrest  and  Bail  in  Criminal  Actions   463-  488 

Assignment    •  499-  529 

Assignments  for  Benefit  of  Creditors 540-  552 

Attachment    563-  621 

Bankruptcy    631-  719 

Bills    "30-  735 

Bills  of  Sale   746-  751 

Blue  Sky  Law 752-  757 

Bonds   and  Undertakings    762-  823 

Breach  of  Promise   824-  825 

Certificates 841-  857 

Certiorari    •  • 858-  860 

Change  of  Name   860a 

Change  of  Place  of  Trial 861-  866i 

Citations     867-  871 

Claims  and  Delivery 882-  908 

Commitment    ^^^~  ^^^ 

Complaints— Civil    ^51-  957 

Complaints— Criminal    •  • 982-1051 

•  •  ins" 

Composition    ■^"'^•^ 

Compromise    ^^^^ 

Confession  of  Judgment   1093-1094 

Contempt    1103-1132 

Continuance    1154-1156 

Contracts    1177-1210 

(V) 


vi  Table  op  Contents. 

FORMS 

Contribution 1236 

Conversion    1247 

Copyright 1258-12G0 

Coroners     1271-12S1 

Corporations    1292-1344 

Costs    1358-1364 

Creditor's  Claims   1385-1404 

Deeds 1435-1482 

Default    1499-1505 

Demand    1510 

Demurrer 1516-1523 

Depositions    1536-1549 

Distribution    1560-1576 

Divorce    1577-1585 

Docket  of  Justice  of  the  Peace   1590-1593 

Ejectment    1600-1605 

Eminent   Domain    1616-1617 

Estates  not  Exceeding  Fifteen  Hundred  Dollnrs   1628-1630 

Execution 1641-1679 

Execution    Sales    1699-1712 

Executors   ajid   Administrators    -. 1744-1854 

Extradition    1858-1859 

False  Imprisonment    1862 

False  Eepresentations    1863-1864 

Family  Allowance    1873-1876 

Fictitious   Names    1880-1882 

Forcible   Entry  and   Detainer    1898-1908 

Foreclosure  of  Mechanic's  Lien    1929-1932 

Foreclosure   of   Mortgages    1953-1964 

Goods    Sold    1986-1987 

Guaranty    I995 

Guardianship    1998-2032 

Habeas   Corpus    2041-2045 

Heirship — Proceedings  to  Determine   2056-2059 

Homestead    2071-2096 

Indictment  and  Information    2106-2122 

Inheritance   Tax    2130-2133 

Injunction     2138-2146 

Innkeepers    2150 

Inspection   of   Papers    2156-2157 

Insurance    2169-2175 

Intervention    2185-2186 

Inventory  and  Appraisement   , 2196-2204 

Judgments  and   Decrees    2219-2260 

Justification  of  Sureties   2285-2295 

Juvenile   Court  Law    2300-2313 

Keeping   the   Peace    2350-2353 


Table  of  Contents.  vii 

FORMS 

Laborers'  Claims   2364-2371 

Landlord   and   TenaJit    2377-2386 

Leases     2400-2455 

Libel  and   Slander    2480-2487 

Liens     2498-2527 

Lost  Property  2556-2557 

Malicious   Prosecution    2580-2583 

Mandamus 25SS-2590 

Marriage    2600-2604 

Massachusetts  Trusts   2610-2611 

Mining    2620-2645 

Money  had  and  Received   2666-2667 

Money  Loaned    2680-2681 

Money  Paid    2691-2693 

Mortgage    2700-2728 

Negligence    2740-2743 

New  Trial  2760-2761 

Notices 2780-2791 

Partition    2860-2866 

Partition  in  Probate  2870-2876 

Partnership    ^ 2880-2889 

Party-walls    2900-2901 

Patents    2920-2941a 

Payment     2960-2965 

Pledge    2970-2973 

Powers  of  Attorney   2974-2987 

Probate    Homesteads    2900-3002 

Probate  Lease   3020-3024 

Probate  Mortgage  3040-3043 

Probate    Sales    3061-3111 

Promissory  Notes   2130-2145 

Protest     3150-3160 

Quieting  Title 3180-3184 

Quo   Warranto    3200-3201 

Railroad    Commission    3205-3211 

Receipts     3220-3231 

Registration  of  Titles 3240-3249c 

Release  and  Satisfaction  3250-3266 

Replevin 3280-3281 

Restoration   of  Title    3292-3299a 

Restoration  of  Records    3290-3291 

Restoration  to  Capacity    3300-3301 

Search-warrant     3330-3334 

Services  Rendered    3340-3342 

Sheriffs     3350-3354 

Sole   Traders    3370-3374 

Stipulations    3375-3381 


viii  Table  op  Contents. 

FORMS 

Stockholder's  Liability   3400 

Subpoena    3430-3452 

Substitution  of  Parties  3500-3503 

Summons    3535-3584 

Supplemental  Pleadings    2600 

Supplementary  Proceedings    3610-3617 

Termination  of  Life  Estate   3630-3631 

Trademark    3640-3644 

Trespass     3670-3672 

Trustees    3690 

Unlawful  Detainer 3710-3714 

Venire    3780-3783 

Verdict    3800-3812 

Verification    3830—3835 

Warrant    3850-3852 

Wills     ..2887-3927 

Wills— Probate  and  Contest  of   2950-2988 

Writs    4000-4004 


COWDERY'S 

FORM  BOOK,  1918, 

LEGAL  AND  COMMERCIAL. 


ABANDONMENT. 

Abandonment  of  Homestead,  No.  2077. 

ABSTRACT. 

Abstract  of  Judgment,  and  Certificate — Justice's  Court,  No.  2258. 

ACCORD  AND  SATISFACTION^ 

1.  Answer — Setting  up  accord  and  satisfaction  by  note, 

2.  Answer — Setting  up  accord  and  satisfaction  by  deed. 

No.  1.    Answer — Setting  Up  Accord  and  Satisfaction  by  Notd. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

1.  That  on  the  eighth  day  of  April,  1917,  at  P.,  he  delivered  to  the 
plaintiff  the  promissoiy  note  of  B.  C,  for  one  hundred  dollars. 

2.  That  the  plaintiff  accepted  the  same  in  full  satisfaction  and  dis- 
charge of  the  claim  [or  demand]  set  up  in  the  complaint. 

Wherefore  defendant  prays  judgment  for  his  costs. 

[Signature.] 

No.  2.    Answer — Setting  Up  Accord  and  Satisfaction  by  Deed. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

1.  That  he  admits  that  on  the  twelfth  day  of  April,  1917,  he  was 
indebted  to  the  plaintiffs,  as  alleged  in  the  complaint. 

2.  That  afterward,  on  the  nineteenth  day  of  April,  1917,  at  P.,  the 
plaintiffs,  by  their  deed  under  seal,  agTeed  with  the  defendant  that 
they  would  accept  one  hundred  and  fifty  dollars,  then  and  there  paid 
them  by  the  defendant,  and  by  the  plaintiffs  then  and  there  accepted 
and  received,  in  full  satisfaction  of  said  indebtedness;  and  divers  other 

Form  Book — 1  Q\ 


Form  13  Cowdery's  Form  Book.  2 

creditors  of  the  defendant  then  and  there  also,  by  the  same  deed,  agreed 
to  accept,  and  did  accept,  the  sum  concurrently  with  the  said  plaintiffs, 
in  full  satisfaction  of  the  several  debts  of  defendant  of  such  creditors 
respectively,  and  covenanted  with  the  defendant  not  to  sue  the  de- 
fendant for  such  respective  debts;  a  copy  of  which  deed  is  hereto 
annexed  as  a  part  hereof.  [Insert  copy.] 
Wherefore,  etc. 

[Signature.] 

ACCOUNT. 

Account  of  Agent  for  Absent  Person  Made  One  Year  After  His  Appointment, 

No.  291. 
Account   of   Sal©   of   Real   Estate   by   Auctioneer — Keturn    Schedule   "D," 

No.  3097. 
Account  of  Trustee  in  Bankruptcy,  No.  687. 

ACCOUNTS  OF  EXECUTORS  AND  ADMINISTRATORS. 

13.  Petition  for  order  requiring  administrator  to  render  exhibit. 

14.  Order  for  citation  to  administrator  requiring  him  to  render  exhibit. 

15.  Executor's  or  administrator's  first  account. 

16.  Affidavit  to  account. 

17.  Report  of  executor  accompanying  annual  account. 

18.  Report  of  administratrix  accompanying  account. 

19.  Account  and  report  of  administration — Another  form. 

20.  Order  of  clerk  fixing  time  and  place  for  hearing  application  to  settle 

first  and  final  account  and  petition  for  final  distribution. 

21.  Notice  of  settlement  of  administratrix's  account. 

22.  Order  directing  notice  of  settlement  of  account  to  be  given. 

23.  Order  directing  further  notice  upon  settlement  of  account. 

24.  Objections  to  account. 

25.  Order  appointing  referee  to  settle  account. 

26.  Report  of  referee  of  account. 

27.  Decree  of  settlement  of  account. 

28.  Decree  of  settlement  of  final  account. 

29.  Decree  of  settlement  of  account  and  final  distribution. 

30.  Petition  by  creditor  for  citation  to  administrator  to  account. 

31.  Petition  that  court  may  order  administrator  to  render  an  account. 

32.  Petition  of  administrator  with  the  will  annexed  for  citation  ordering 

former  executor  to  account. 

33.  Order  for  attachment  against  administrator  for  not  rendering  account. 

34.  Order  adjudging  administrator  guilty  of  contempt  for  disobeying  order 

to  render  account. 

35.  Order  revoking  letters  of  administrator  after  commitment  for  contempt 

for  failure  to  account. 

36.  Order  removing  administrator  after  contest  of  account. 

37.  Order  allowing  debt  irregularly  paid. 

No.  13.    Petition  for  Order  Requiring  Administrator  to  Render  Exhibit. 
[Title  of  Court  and  Estate.] 

The  petition  of respectfully  represents: 

That  was   duly   appointed   administrator   of  the    above-named 

estate  on  the day  of ,  19 — ,  and  immediately  qualified  as  such, 

and  entered  upon  the  duties  of  his  trust. 


3        Accounts  of  Executors  and  Administrators.     Forms  14,  15 

That  more  tlian  six  months  have  elapsed  since  said  appointment  was 
made;  but  said  administrator  has  not  rendered  to  this  court  any  exhibit 
showing  the  amount  of  money  received  or  expended  by  him,  the  amount 
of  all  claims  presented  against  the  estate,  or  the  names  of  the  claim- 
ants, or  any  other  matters  necessary  to  show  the  condition  of  the 
affairs  of  said  estate. 

That  petitioner  is  a  creditor  of  said  estate  in  the  sum  of dollars ; 

and  his  claim  therefor  has  been  duly  presented,  allowed,  approved,  and 
iiled  in  this  court,  and  is  ranked  among  the  acknowledged  debts  of 
said  estate  to  be  paid  in  due  course  of  administration. 

That  said  administrator,  though  often  requested  by  petitioner  to  do 
so,  vfill  give  no  information  as  to  the  condition  of  said  estate,  nor  its 
means  of  paying  its  debts,  including  the  claim  of  petitioner. 

Wherefore  your  petitioner  prays  that  said  administrator  be  required 
to  render  an  exhibit  in  the  manner  by  law  provided. 

,  Petitioner. 

,  Attorney  for  Petitioner. 

No.  14.    Order  for  Citation  to  Administrator  Reciuiring  Him  to  Render 

ExMbit. 
[Title  of  Court  and  Estate.] 

On  reading  and  filing  the  petition  of  — ' — ,  a  person  interested  in 

the  estate   of  ,   deceased,   and   the   court  being  satisfied   from   the 

testimony  of  ,  a  witness  duly  sworn,  that  the  facts  alleged  in  said 

petition  are  true,  and  that  the  administrator  of  said  estate  has  and 
does  fail  to  render  an  exhibit  as  required  by  law  for  the  information 
of  the  court,  showing  the  amount  of  money  received  and  expended  by 
him,  the  amount  of  all  claims  presented  against  said  estate,  the  names 
of  the  claimants,  and  other  matters  necessary  to  show  the  condition  of 
the  affairs  of  the  estate; 

It  is  ordered  that  a  citation  be  issued  herein  to  ,  the  adminis- 
trator of  said  estate,  requiring  him  to  appear  before  this  court,  at  the 

courtroom  thereof,  on  the  day  of  ,  1917,  at  10  o'clock  A.  M., 

and  render  such  exhibit. 

Dated  ,  1917. 

,  Judge  of  Superior  Court. 

No.  15.    Executor's  or  Administrator's  First  Account. 
[Title  of  Court  and  Estate.] 

J.  C.  R.,  executor  of  the  last  will  of  S.  D.,  deceased,  renders  this 
his  account,  due  within  thirty  days  after  the  expiration  of  the  time 
mentioned  in  the  notice  to  creditors  within  which  claims  must  be 
exhibited. 

The  following  is  an  exhibit  of  all  debts  which  have  been  presented 
and  allowed  during  his  administration. 

F.  R $105.75 

[And  others.] 


Form  15  Cowdery  's  Form  Book.  4 

The  following  claim  was  presented  on  March  13,  1915,  and  rejected : 
Q    J)    V $750.00 

[And  others.] 
All  allowed  claims  have  been  paid  except  H.  &  M. — 

balance    $2,100.00 

J.  C.  R ;•••  MOO-00  . 

(For  the  particulars  of  all  claims  see  report  filed  with  this  exhibit.) 

Exhibit  and  Account. 

The  following  pages  show  the  amount  of  money  on  hand,  the  source 
from  which  it  came,  the  amount  expended  and  to  whom  paid,  and  tiie 
balance  on  hand. 

(For  other  particulars  see  report  referred  to.) 

Cash  Received. 
1914. 

May  14.    In  D.  M.  Bank  (from  spl.  adm.) $40,871.39 

"    14.    In  sack  in  safe  (from  spl.  adm.) 551.40 

$41,422.79 

[And  others.] 

"     14.     Interest  on  above 6,000.00 

"     18.     Interest  U.  S.  4%  registered  bonds 1,000.00 

"    19.    In  London  and  San  Francisco  Bank 22,000.00 

"    20.     In  Rideout  Bank,  Gridley 6,000.00 

"    23.     .Sale  of  713  sks.  wheat  in  Gridley  to  Blum 1,000.00 

"    24.     Return  taxes  on  above  wheat 16.00 

June  4.     Spring  Valley  Water  Co.  dividend  No.  1 1,000.00 

"      4.     Spring  Valley  Water  Co.  dividend  No.  2 3,000.00 

"       4.     Spring  Valley  Water  Co.  dividend  No.  3 3,000.00 

"      4.  Spring  Valley  Water  Works   coupons,   101  at   $10 

each    1,000.00 

'•      4.     F.  M.  and  M.  G.  note 1,000.00 


$83,922.79 
Cash  Paid  Out. 
1914.  Voucher  No. 

April  20.     Court  fees,  filing  petition 1        $    5.00 

May    13.     Court  fees    2  1.00 

"       24.     Second  installment  taxes  L.  mortgage 12  108.10 

"       24.     Express  sample  from  Gridley 8  .30 

"       25.     N.  G.  Co.,  undertakers   4  547.00 

"      26.     Dr.  P.  K.  B.,  services 9  308.00 

"      26.    I.  S.  H.,  nurse 5  25.00 

"      28.    Wells,  Fargo  &  Co.  paying  taxes  in  Hanford. .  11  1.00 

"       28.     Stamps    .30 

[And  other  items.]  

$1,000.70 


5  Accounts  of  Executors  and  Administrators.    Form  16 

NOTE. — Alaska,  Comp.  Laws  191.3,  sees.  1727-1S03;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sec.  1068;  California,  Code  Civ.  Proc,  sec.  1628;  Hawaii, 
Rev.  Code  1915,  sec.  2500;  Idaho,  Rev,  Codes  1907,  sec.  5587;  Kansas,  Gen. 
Stats.  1915,  see.  4633;  Montana,  Rev.  Codes  1907,  see.  2780;  Nebraska,  Rev. 
Code  1913,  sec.  1509;  Nevada,  Rev.  Laws  1912,  sec.  6041;  New  Mexico,  Stats. 
Ann.  191.5,  sec.  2287;  North  Dakota,  Comp.  Laws  1913,  sec.  8823;  Oklahoma. 
Harris  &  Day's  Code  1910,  sec.  6434;  Oregon,  Lord's  Oregon  Laws,  sec.  1282; 
South  Dakota,  Comp.  Laws  1913,  sec.  5889;  Utah,  Comp.  Laws  1907,  sec.  3941; 
Washington,  Rem.  Code,  sec.  1550;  Wyoming,  Comp.  Stats.  1910,  sec.  5587. 

No.  16.    Affidavit  to  Account, 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  Butte, — ss. 

M.  J.,  of  said  city  and  county,  heing  duly  sworn,  says:  I  am  the 
administratrix  of  the  estate  of  T.  J.,  deceased.  The  foregoing  account, 
filed  for  the  first  [or  second,  etc.]  account  of  my  administration  of  the 
said  estate,  is  in  all  respects  just  and  true,  and  according  to  the  best 
of  my  knowledge,  information  and  belief,  contains  a  full,  true  and  par- 
ticular account  of  all  my  receipts  and  disbursements  on  account  of  the 
said  estate,  from  the  commencement  of  my  administration  to  the  six- 
teenth day  of  June,  1917,  and  of  all  sums  of  money  belonging  to  the 
said  estate  which  have  come  into  my  hands  as  such  administratrix,  or 
which  have  been  received  by  any  other  person  by  my  order,  or  author- 
ity, for  my  use;  and  of  all  claims  presented,  and  allowed,  or  paid; 
and  I  do  not  know  of  any  error  or  omission  in  said  account  to  the  preju- 
dice of  any  person  interested  in  the  said  estate. 

[I  further  state  that  the  items  of  expenditure,  not  exceeding  twenty 
dollars,  for  which  no  vouchers  are  annexed  or  produced,  have  actually 
been  paid  and  disbursed  by  me,  at  the  place  where,  the  date  when,  and 
to  the  parties  to  whom  the  said  payments  are  stated,  in  the  said  account, 
to  have  been  made  respectively;  and  that  said  account  exliibits  not  only 
the  debts  which  have  been  paid,  but  also  a  statement  of  all  debts  which 
have  been  duly  presented  and  allowed  during  the  period  embraced  in 
the  said  account.] 

Subscribed  and  sworn  to,  etc. 

[Signature.] 

NOTE. — In  California,  at  any  time  when  required  by  the  court  either 
upon  its  own  motion  or  upon  the  application  of  any  person  interested  in 
the  estate,  the  executor  or  administrator  must  render  an  exhibit  under  oath, 
showing  the  amount  of  money  received  and  expended  by  him,  the  amount 
of  all  claims  presented  against  the  estate,  and  the  names  of  the  claimants, 
and  all  other  matters  necessary  to  show  the  condition  of  its  affairs:  Code 
Civ.  Proc,  sec.  1622. 

Alaska,  Idaho,  Rev.  Codes,  1907,  sec.  5587;  Kansas,  Gen.  Stats.  1915, 
sec.  4633;  Montana,  Rev.  Codes,  1907,  sec.  7634;  Nevada,  Rev.  Laws  1912, 
see.  6041;  North  Dakota,  Comp.  Laws  1913,  sec.  8823;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec.  6428;  Oregon,  Lord's  Oregon  Laws,  sec.  1282;  South 
Dakota,  Comp.  Laws  1913,  sec,  5S89;  Utah,  Comp.  Laws  1907,  sec.  3941; 
Wyoming,  Comp.  Stats.  1910,  sec.  5587. 


Form  17  Cowdery's  Form  Book.  6 

No.  17.    Report  of  Executor  Accompanying  Annual  Account. 

[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  City  and  County  of  San 
Francisco : 
J.  C.  R.,  the  executor  of  the  last  will  of  S.  D.,  deceased,  has  this 
day  filed  a  full  account  of  his  administration.  At  the  same  time  he 
has  filed  a  full  report  of  his  administration,  together  with  vouchers 
for  all  charges,  debts,  claims  and  expenses  which  he  has  paid. 

Notice  to  Creditors. 
The  time  for  presentation  of  claims  expired  on  March  24,  1917.     On 
April  21,  1917,  a  decree  was  entered  showing  that  due  notice  to  cred- 
itors has  been  given. 

Special  Administration  and  Clerical  Assistance. 
During  his  special  administration  he  took  possession  of  all  the  per- 
sonal property  described  in  the  inventory  and  appraisement.  He  begs 
leave  to  refer  to  his  final  account  and  report  of  the  special  adminis- 
tration and  make  it  a  part  of  this  report.  For  the  reasons  in  that 
report  stated  it  was  necessary  for  him  to  have  assistance  entirely 
capable  and  trustworthy;  therefore  he  employed  W.  B.  R.,  and  prom- 
ised to  pay  him  for  services  as  his  clerk  in  the  care  and  management 
of  this  estate  under  his  general  letters.  He  conmienced  work  on  April 
6,  1916,  and  the  executor  has  paid  him  $200  a  month  from  April  6,  1916, 
to  April  6,  1917,  amounting  to  $2,400,  which  was  a  necessary  expense 
in  the  care  and  management  of  the  estate,  and  the  executor  now  re- 
quests the  court  to  allow  that  amount  per  month  and  continue  it  until 
final  distribution. 

Appraisements  and  Inventories. 
Two  inventories  and  appraisements  have  been  made  of  the  B.,  D. 
and  M.,  K.  R.  Ranch.  The  first  by  appraisers  residents  of  the  county 
in  which  the  land  is  situated.  It  was  hurried  through  with  such 
unusual  expedition,  and  the  value  of  the  decedent's  one-third  interest 
was  so  much  lower  than  his  estimates,  that  the  executor  caused  a  rcap- 
praisement  by  the  appraisers  appointed  to  appraise  San  Francisco 
property.  They  made  a  thorough  examination  and  raised  the  value  of 
the  estate's  interest  from  $20,971  to  $105,679,  which  is  now  thought  to 
be  approximately  its  true  value. 

Resident  appraisers  were  appointed  to  appraise  the  estate's  interests 
in  lands  in  Butte  and  Sutter  counties,  which  appraisements  appear  to 
be  altogether  fair. 

Mistake  in  Inventory. 
The  H.  and  J.  W.  O.'s  note  was  appraised  at  $800.     It  was  a  mis- 
take of  the  appraisers.     A  credit  of  $100  was  indorsed  on  it  by  de- 
ceased.    Its  true  value  is  $700  only. 


7  Accounts  of  Executors  and  Administrators.     Form  17 

Property    Disclosed    Subsequent   to    Inventory. 
Found  in  safe  $1.00  not  in  inventory. 
Found  in  old  book  $2.50  gold  and  70/100. 
Found  in  C.  S.  D.  Company  $8,354.93  not  in  inventory. 
Found  H.  note  for  $300  not  in  inventory.    Paid. 

Debts  Due  the  Estate  Collected — Bonds,  Notes,  etc. 
A.  S.  B.'s  note  for  $1,300  and  interest.    Paid. 
[Other  amounts  collected.] 

Change  in  Form  of  Property  Described  in  Inventory. 

An  undivided  1/24  interest  in  C.  S.  v.  L.  C,  jn/'oment  has  been 
merged  into  S.  B.  Company  stock  and  upon  it  a  30%  dividend  of 
$960.50  has  been  paid. 

English  consols  amounting  in  total  to  14,400  pounds  that  were  men- 
tioned in  inventory  as  having  no  coupons  were  exchanged  for  other 
consols  of  same  amount  that  bear  2  pounds  10  shillings  interest.  This 
had  to  be  done  in  order  to  collect  coupons  due  on  said  consols. 

Judgment  for  $180.03  has  been  obtained  in  the  justice's  court  of 
the  city  and  county  of  San  Francisco  against  N.  G.  on  the  two  promis- 
sory notes  described  in  the  inventory.  Judgment  entered  November  4, 
1916.  The  judgment  is  a  lien  subsequent  to  a  mortgage  for  less  than 
the  property  is  worth.  The  property  is  for  sale,  and  when  sold  the  title 
will  not  pass  with  the  judgment  here  unsatisfied. 

Estate  of  T.  B.  F. 
The  executor  has  presented  a  claim  against  the  estate  of  T.  B.  F. 
for  the  amount  of  the  promissory  note  described  in  the  inventory,  to 
wit,  $1,000,  which  was  allowed.  Since  then  he  has  ascertained  that 
after  family  allowance  and  expenses  of  administration  are  paid  nothing 
will  remain  for  the  creditors. 

Personal  Property  Sold. 
The  only  personal  property  sold  was  713  sacks  of  wheat,  liable  to 
injury   by   dampness   and   heat,   etc.     It   was   sold   by   order   of   court 
at   private   sale   for   $1,051.60,   the  price   for  the   best   wheat   in   the 
market. 

Deeds  of  Real  Estate. 

The  court  ordered  the  executor  to  make  deeds  to  one  H.,  and  to  O'K. 
and  wife,  and  J.  J.,  in  compliance  with  written  contracts  to  convey, 
executed  by  deceased.  Deeds  have  been  executed  to  A.  H.,  and  M.  O'K. 
and  wife,  to  lots  in  San  Francisco,  Blocks  154,  156,  157,  for  which  he 
has  received  $788.20,  which  was  the  balance  due  on  the  contract  price. 
The  deed  to  J.  has  not  been  executed. 

Claims  Against  C.  Estate. 
He  presented  a  claim  for  $20,000  principal,  secured  by  mortgage  on 
land   in    Stanislaus   county.     The   claim   was   approved.     The   principal 


Form  17  Cowdery's  Form  Book.  8 

and  interest  amount  to  $25,334.46.  Action  has  been  commenced  to  fore- 
close the  mortgage.  The  mortgage  is  a  first  lien,  and  the  security  is 
ample. 

Another  claim  for  $1,200  on  a  promissory  note  was  presented  and 
allowed  against  the  same  estate.  It  is  thought  that  after  the  expenses 
of  administration  are  paid  that  at  best  the  original  amount  without  in- 
terest will  be  paid. 

T.  Mortgage. 

An  action  was  commenced  in  Butte  county  to  foreclose  the  G.  T. 
et  al.,  mortgage  for  $17,600  principal,  and  $10,751  interest.  The  total 
amount  due  was  received  and  the  mortgage  satisfied  of  record. 

L.  Mortgage. 
An  action  was  commenced  in  Kings  county  to  foreclose  the  C.  G.  L. 
mortgage  for  $12,000  principal  and  $3,951.84  interest.    Action  is  now 
pending. 

L.  C.  and  I.  Company  Mortgage. 
The  mortgage  of  L.  C.  and  I.  Company,  $25,000  and  interest,  has 
been  paid  and  the  mortgage  released. 

G.  E.  B.  V.  J.  C.  R.,  Executor. 

This  action  was  brought  to  annul  a  promissory  note  for  $10,000 
(described  in  the  inventory)  by  plaintiff,  to  S.  D.,  deceased,  upon  the 
ground  that  it  did  not  represent  an  indebtedness,  but  was  made  to 
secure  deceased  against  any  loss  he  might  sustain  in  case  a  certain  deed 
was  not  executed;  a  deed  which  both  plaintiff  and  deceased  were  in- 
terested in  having  executed. 

The  case  was  tried  in  the  superior  court  of  the  city  and  county  of 
San  Francisco,  Department  No.  4,  and  judgment  rendered  for  plaintiff. 

The  attorneys  for  the  estate  have  not  yet  advised  the  executor  re- 
specting future  proceedings  in  the  matter. 

Letters  of  Administration  in  the  State  of  Nevada. 
Legal  proceedings  in  the  state  of  Nevada  make  it  necessaiy  to  take 
out   letters   of  administration   there.     The   only   matter  involved   is   a 
claim  amounting  to  about  $54,865.50  in  which  deceased  and  Mr.  G.  E.  B. 
have  common  interests.     The  matter  is  still  pending. 

Claims  Presented. 

The  following  is  a  statement  of  claims  presented  and  allowed  up 
to  and  including  the  twenty-fifth  day  of  March,  1917 : 

Voucher  No.  8.     F.  R.,  rent   $105.75 

Voucher  No.  7.     B.  L.  F.,  services 500.00 

Voucher  No.  6.     G.  G.,  services 100.00 

[And  other  claims.     Total,  $16,510.20.] 


9  Accounts  of  Executors  and  Administrators.    Form  18 

Claims  Paid. 
All  of  the  foregoing  claims  have  been  paid,  except — 

H.  &  M.,  balance   $2,100.00 

J.  C.  R.,  executor 6,000.00 

Total,  $8,100.00 
The  executor's  claim  of  $6,625.00  was  on  March  17,  1917,  presented 
for  approval  to  the  judge  of  this  court,  and  copies  were  served  on 
the  attorneys  for  interested  parties.  No  opposition  to  the  approval 
being  made,  the  claim  was  on  April  21,  1917,  approved  for  $6,000,  the 
balance  ($625)  being  barred  by  the  statute  forbidding  payment  of 
claims  within  the  statute  of  limitations. 

Rejected  Claims. 
On  March  15,  1917,  C.  D.  V.  presented  a  claim  for  $750  on  account 
of  alleged  services  rendered  deceased  in  negotiating  the  sale  of  certain 
judgments  of  record  in  the  state  of  Nevada.     It  was  rejected  on  March 
14,  1917. 

Debts  of  the  Estate. 

Except  as  aforesaid,  there  are  no  debts  except  taxes  and  expenses 
of  administration. 

Estate's  Money  at  Interest. 

Since  the  executor  was  appointed,  he  caused  from  time  to  time 
$430,.307.20  of  the  money  on  hand  to  be  deposited  in  the  Bank  of  Cali- 
fornia, for  which  the  estate  receives  three  per  cent  a  year  interest 
from  the  date  of  deposit. 

The  remainder  of  the  estate's  money  to  the  amount  of  $27,907.89  is 
on  deposit  in  banks,  without  interest  except  one  deposit  of  $2,230.26, 
which  draws  interest  at  the  rate  of  3  1/4  per  cent. 

Contest  of  a  Codicil. 
After  the  will  of  1898  was  admitted  to  probate  a  writing  was  dis- 
covered  which   the   executor  believed,   and   now  believes,  to  be   in  the 
deceased's  handwriting,  and  a  codicil  to  said  will.    He  caused  it  to  be 
filed.     It  was  contested  and  all  parties  appear  to  be  ready  for  trial. 

,  Executor. 

No.  18.    Report  of  Administratrix  Accompanying  Account. 

[Title  of  Court  and  Estate.] 

To  the  Honorable,  the   [or  the  Judge  of]   said  Superior  Court  of  the 

State    of    California    in    and    for   the    City    and    County    of    San 

Francisco. 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  on  this, 

the   sixteenth    day   of   June,    1916,   respectfully    renders   the   following 

report  of  her  administration: 


Form  19  Cowdery's  Form  Book.  10 

That  letters  of  administration  of  said  estate  were  issued  to  her  on 
tlic  sixteenth  day  of  May,  1916, 

That  immediately  after  her  appointment  she  caused  notice  to  cred- 
itors to  be  published  in  the  D.  E.  B.,  a  newspaper  published  in  said 
city  and  county. 

That,  within  ten  months  after  the  first  publication  of  said  notice, 
four  claims  against  the  said  deceased,  accompanied  by  proper  affidavits, 
and  supported  by  satisfactory  vouchers,  were  presented  to  the  said 
administratrix,  and  allowed  by  her  and  the  judge  of  this  court,  the 
amounts,  the  dates  of  presentation  and  allowance,  and  all  the  par- 
ticulars of  which  claims  are  contained  in  the  statement  of  debts  annexed 
to  said  administratrix's  annual  account,  this  day  rendered. 

That  another  claim  was  also  presented,  but  rejected,  and  no  suit 
has  ever  been  brought  against  said  administratrix  therefor.  As  will 
be  seen  by  said  account  and  the  statement  annexed,  the  balance  of 
money  now  in  the  hands  of  said  administratrix  is  the  sum  of  $5,795.50, 
and  the  claims  allowed  amount  to  the  sum  of  $2,450,  and  the  expenses 
of  closing  said  estate  amounting  only  to  the  sum  of  $1,195.48,  there  is, 
therefore,  money  sufficient  in  my  hands  to  pay  all  the  debts  and  ex- 
penses, and  said  administratrix  will  soon  be  able  to  bring  her  admin- 
istration to  a  close. 

Said  administratrix  prays  that  the  judge  of  [or  said]  court  appoint 
a  day  of  a  term  of  said  court  for  settlement  of  said  account,  and 
that  on  the  day  appointed,  or  on  such  subsequent  day  as  the  hearing 
may  be  adjourned  to,  after  the  appointment  by  said  court  of  some 
person  to  represent  the  minors  interested  in  the  said  estate  who  have 
no  legally  appointed  guardian,  it  being  first  proved  to  the  satisfaction 
of  said  court  that  due  and  legal  notice  of  the  time  appointed  for 
the  settlement  of  said  account  has  been  given,  said  account  be  settled 

and  allowed  by  said  court. 

[Signature.] 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  1691;  Arizona,  Kev.  Stats.   (Civ. 

Code  1913),  sees.  995,  1001;  California,  Code  Civ.  Froc.  sees.  1622-li^2S; 
Idaho,  Eev.  Codes  1907,  sees.  5587-5593;  Kansas,  Gen.  Stats.  1915,  see.  4633; 
Montana,  Rev.  Codes  1907,  sees.  7634-7640;  Nebraska,  Eev.  Code  1913.  ?fie. 
1509;  Nevada.  Rev.  Laws  1912.,  sec.  6042;  North  Dakota,  Comp.  Laws  1913, 
sec.  S829;  Oklahoma,  Harris  &  Day's  Code  1910,  sees.  6428-6434;  Utah, 
Comp.  Laws  1907,  sec.  3941;  Washington,  Rem.  Code,  sees.  1550-1556; 
Wyoming,  Comp.  Stats.  1910,  sec.  5587. 

No.  19.    Account  and  Report  of  Administration— Another  Form. 

[Title  of  Court  and  Estate.] 

To  the  Honorable  Superior  Court  aforesaid: 

>  as  administrator  of  the  estate  of  ,  deceased,  herewith  re- 
spectfully presents  his  account  and  report  of  his  administration  as 
follows : 


11  Accounts  of  Executors  and  Administrators.    Form  19 

He  charges  himself: 
"With  the  value  of  the  property  of  said  estate  as  per  the  inven- 
tory and  appraisement  on  file  herein $5,000.00 

With  the  net  proceeds  of    the  sale  of    crops  grown  on  said 

property  during  the  administration 250.00 

With  the  interest  collected  from  John  White  on  his  note  to 

deceased,  bearing;  date  July  1,  1906 50.00 

$5,250.00 
He  credits  himself: 
With  the  following  cash  disbursements: 

For  funeral  expenses  of  deceased,  as  per  voucher  No.  1 $   200.00 

For  fees  paid  to  county  clerk,  as  per  vouchers,  Nos.  2-A 8.00 

For  expense  of  administrator's  bond,  as  per  voucher  No.  6 25.00 

For  publication  of  notice  to  creditors,  as  per  voucher  No.  7 6.00 

Balance  cash  and  property  on  hand $5,011.00 

Total $5,250.00 

Statement  of  Claims. 

The  following  claims  against  said  estate  have  been  duly  presented 
and  allowed:  [Set  forth  statement  of  all  claims  presented  and  allowed 
to  date.] 

Report  of  Administration. 

Said  administrator  respectfully  reports  of  his  administration  to  this 
honorable  court  as  follows: 

That  letters  of  administration  of  said  estate  were  issued  to  him  on 
the  day  of  ,  19 — . 

That  immediately  after  his  appointment  he  caused  notice  to  cred- 
itors to  be  published  in  the  " ,"  a  newspaper  published  in  said  county. 

That  within  ten  months  after  the  first  publication  of  said  notice, 
five  claims  against  said  deceased,  accompanied  by  proper  affidavits,  and 
supported  by  satisfactory  vouchers,  were  presented  to  the  said  admin- 
istrator, and  allowed  by  him  and  the  judge  of  this  court,  the  amounts, 
the  dates  of  presentation  and  allowance,  and  all  the  particulars  of 
which  claims  are  contained  in  tlie  statement  of  claims  hereinbefore 
annexed  to  said  administrator's  account  as  above  rendered. 

Wherefore  said  administrator  prays  that  this  court  appoint  a  day 
for  the  hearing  and  settlement  of  said  account,  and  that  on  the  day 
appointed  said  account  be  settled  and  allowed  by  this  court. 

,  Administrator. 

,  Attorney  for  Petitioner. 

NOTE. — The  affidavit  to  this  account  should  follow  Form  No.  16,  ante. 


Forms  20, 21  Cowdery's  Form  Book.  12 

1.0.  20.     C:der  of  Clerk  Fixing  Time  and  Place  for  Hearing  Applic?. 
tion  to  Settle  First  and  Final  Account  and  Petition  for 
Final  Distribution. 

[Title  of  Court  and  Estate.] 

— ■ — ,  as  administratrix  of  the  estate  of  ,  deceased,  having  this 

day  rendered  and  presented  for  settlement  and  filed  herein  her  first 
and  final  account  of  her  administration  of  the  estate  of  said  deceased, 
and  having  therewith  filed  a  petition  for  the  final  distribution  of  said 
estate: 

Now,  I,  ,  clerk  of  said  superior  court,  pursuant  to  the  authority 

vested  in  me,  do  hereby  fix  and  appoint ,  the day  of , , 

at  10  o'clock  A.  M.  of  said  day,  and  the  courtroom  of  this  court, 
department  number  ten  thereof,  in  the  City  Hall  in  the  city  and  county 
of  San  Francisco,  state  of  Califoi'nia,  as  the  time  and  place  for  the 
hearing  by  the  court  of  the  application  for  the  settlement  of  said  first 
and  final  account,  and  for  the  hearing  of  said  petition  for  final  dis- 
tribution. 

Dated   San  Francisco,  , 

,  Clerk. 

No.  21.    Notice  of  Settlement  of  Administratrix's  Account. 

[Title  of  Court  and  Estate.] 

Notice  is  hereby  given  that  M.  J.,  the  administratrix  of  the  estate 
of  T.  J.,  deceased,  has  rendered  and  presented  for  settlement,  and  filed 
in  said  court,  her  annual  account  of  her  administration  of  said  estate; 
and  that  Monday,  the  twenty-seventh  day  of  June,  1917,  at  eleven 
o'clock  A.  M.,  at  the  courtroom  of  said  court,  at  the  City  Hall,  in  San 
Francisco,  in  said  city  and  county,  has  been  duly  appointed  by  the 
judge  of  [or  by  the]  said  court,  for  the  settlement  of  said  account,  at 
which  time  and  place  any  person  interested  in  said  estate  may  appear 
and  file  exceptions  in  writing  to  the  said  account,  and  contest  the  same. 
,  County  Clerk  and  Ex-officio  Clerk  of  the  Superior  Court. 

NOTE. — ^In  California,  when  an  account  is  rendered  for  settlement,  the 
clerk  appoints  a  day  for  the  settlement  and  thereupon  gives  notice  by 
posting  in  at  least  three  public  places  in  the  county,  setting  forth  the 
name  of  the  estate,  the  executor  or  administrator,  and  the  day  appointed 
for  the  settlement.  If,  upon  the  final  hearing  at  the  time  of  settlement, 
the  court  deems  the  notice  insufficient,  he  may  order  such  further  notice 
to  be  given  as  may  seem  to  him  proper:  Alaska, "Comp.  Laws  1913,  sec.  1694; 
Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sec.  lOOS;  California,  Code  Civ.  Proc. 
sec.  1633;  Idaho,  Rev.  Codes  1907,  see.  5598;  Kansas,  Gen.  Stats.  1915,  sec. 
4636;  Montana,  Rev.  Codes  1907,  sec.  7645;  Nebraska,  Rev.  Code  1913,  sec. 
1514;  Nevada,  Rev.  Laws  1912,  see.  6044;  New  Mexico,  Stats.  Ann.  1915, 
sec.  2290;  North  Dakota,  Comp.  Laws  1913,  sec.  8834;  Oklahoma,  Harris 
&  Day's  Code  1910,  see.  6439;  Oregon,  Lord's  Oregon  Laws,  sec.  1285;  South 
Dakota,  Comp.  Laws  1913,  sec.  5900;  Utah,  Comp.  Laws  1907,  sec.  3942: 
Washington,  Rem.  Code,  sec.  1562;  Wyoming,  Comp.  Stats.  1910,  sec.  559l'. 


13      Accounts  of  Executors  and  Administrators.     Forms  22-24 

No.  22.     Order  Directing  Notice  of  Settlement  of  Account  to  be  Given. 
[Title  of  Coui-t  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  defeased,  having  this 
day  rendered  and  presented  for  settlement,  and  filed  in  this  court  her 
first  annual  account  of  her  administration  of  estate  of  said  deceased : 

It  is  ordered,  tliat  Monday,  the  twenty-seventh  day  of  June,  1917, 
at  11  o'clock  A.  M.,  be,  and  the  same  is  hereby,  appointed  for  the 
settlement  of  the  said  account;  and  that  the  clerk  give  notice  thereof, 
hy  causing  notices  to  be  posted  in  at  least  three  public  places  in  this 
city  and  county,  at  least  ten  days  before  said  day  of  settlement,  accord- 
ing to  law. 

,  Judge. 

NOTE. — ^In  some  states  the  above  order  is  unnecessary,  the  clerk  having 
authority   to   set   the  hearing  without   an   order:   See   Alaska,   Comp.   Laws 
1913,   sees.    1697-1703;    Arizona,    Eev.    Stats.    (Civ.    Code   1913),   sec.   1008 
California,   Code   Civ.  Proc,  sec.   1633;   Idaho,  Eev.   Codes   1907,  see.  559S 
Montana,  Eev.  Codes  1907,  sec.  7645;  Nebraska,  Eev.  Code  1913,  sec.  1514 
Nevada,   Eev.   Laws   1912,   sec.   6044;    New   Mexico.   Stats.   Ann.    1915,   sec. 
2290;    North    Dakota,    Comp.    Laws    1913,    sec.    8833;    Oklahoma,    Harris    & 
Day's  Code   1910,  sec.  6439;   Oregon,  Lord's  Oregon  Laws,  see.  1285;  South 
Dakota,  Comp.  Laws  1913,  sec.  5900;  Washington,  Eem.  Code,  sec.  1562. 

No.  23.    Order  Directing  Further  Notice  upon  Settlement  of  Account. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  the  notice  given  upon  the  final  account 
of  the  administrator  was  insufficient,  it  is  ordered  that  further  notice 
be  given  by  posting  the  notice  of  settlement  in  three  of  the  most  public 
places  in  the  said  city  and  countj'  for  thirty  days  commencing  June  3, 
1917,  and  by  publishing  an  abbreviation  of  said  notice  as  follows: 

"Notice. — The  hearing  of  the  final  account  of  the  administrator  of 
the  estate  of  A.  B.,  deceased,  will  be  had  on  July  10,  1917,  superior 
court,  department  9,  10  o'clock  A.  M.,  K.  L.,  Clerk." 

And  it  is  further  ordered  that  said  abbreviated  notice  be  published 
on  the  5th  of  June,  1917,  in  the  C,  on  the  10th  in  the  E.,  on  the  15th 
in  the  B.,  on  the  18th  in  the  R.,  and  on  the  30th  in  all  said  papers. 

,  Judge. 

NOTE. — If  a  court  or  judge  deems  the  notice  of  final  settlement  in- 
sufficient, he  may  order  such  further  notice  as  may  to  him  seem  proper: 
Alaska,  Comp.  Laws  1913,  sec.  1694;  Arizona,  Eev.  Stats.  (Civ.  Code  1913), 
sec.  1008;  California,  Code  Civ.  Proc,  sec.  1633;  Idaho,  Eev.  Codes  1907, 
sec.  5598;  Montana,  Eev.  Codes  1907,  sec.  7645;  North  Dakota,  Comp.  Laws 
1913,  sec.  8833;  Oklahoma,  Harris  &  Day's  Code  1910,  see.  6439;  South 
Dakota,  Comp.  Laws  1913,  sec.  5900;  Washington,  Eem.  Code,  sec.  1562. 

No.  24.    Objections  to  Account. 
[Title  of  Court  and  Estate.] 

Now  comes  A.  B.,  and  contesting  the  first  annual  account  of ,  ad- 
ministrator, for  cause  for  contest  says:  That  the  item  therein  of  $1,250 


Forms  25, 26  Cowdery's  Form  Book.  14 

expended  by  said  administrator  for  the  salary  of  a  clerk  who  assisted 
liim  in  attending  to  the  business  of  administeriTig  said  estate  was  un- 
necessary, and  is  not  an  expenditxire  to  be  paid  out  of  the  assets  of 
said  estate. 

NOTE. — Upon  the  day  appointed  for  settlement  of  an  account  any  inter- 
ested person  may  appear  in  writing  and  contest  any  item  in  it:  Alaska, 
Comp.  Laws  1913,  sec.  1695;  Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec. 
999;  California,  Code  Civ.  Proc,  sees.  1616,  1626,  1635;  Idaho,  Eev.  Codes 
1907,  sec.  5591;  Montana,  Eev.  Codes  1907,  sec.   7638;   Nevada,  Eev.  Laws 

1912,  sec.  6045;  New  Mexico,  Stats.  Ann.  1915,  see.  2294;  North  Dakota, 
Comp.  Laws  1913,  sec.  8835;  Oklahoma,  Harris  &  Day's  Code  1910,  sec. 
6441;   Oregon,  Lord's  Oregon  Laws,  sec.  1286;   South  Dakota,  Comp.  Laws 

1913,  sec.  5902;  Washington,  Eem.  Code,  sec.  1554;  Wyoming,  Comp.  Stats. 
1910,  sec.  5585. 

No.  25.    Order  Appointing  Referee  to  Settle  Account. 
[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having  on 
the  sixteenth  day  of  June,  1917,  rendered  her  annual  account  of  settle- 
ment, and  notice  of  such  settlement  having  been  duly  given  for  this 
day,  as  ordered  by  this  court  [if  the  guardian  ad  litem,  or  any  person 
interested  in  the  estate,  has  filed  exceptions  to  the  account,  state  that 
fact  here,  thus:  And  J.  F.  F.,  Esq.,  appointed  by  this  court  to  repre- 
sent W.  J.,  C.  J.,  and  E.  J.,  minors  interested  in  the  said  estate,  upon 
the  settlement  of  said  account — or,  the  party  opposing — having  appeared 
and  filed  exceptions  thereto]  : 

It  is  hereby  ordered,  that  G.  B.  M.,  Esq.,  be,  and  he  is  hereby,  ap- 
pointed a  referee  to  examine  the  said  account  and  make  report  thereon 
to  this  court  within  two  weeks,  and  that  the  settlement  of  said  account 
be  adjourned  until  Monday,  the  eleventh  day  of  July,  1917,  at  eleven 
o'clock  A.  M. 

Dated , 

,  Judge  of  the  Superior  Court. 

NOTE. — In  California,  all  matters  including  allowed  claims  not  passed 
upon  on  the  settlement  of  any  former  account,  or  on  rendering  an  ex- 
hibit, or  on  making  a  decree  of  sale,  may  be  contested  by  the  heirs,  for 
cause  shown.  The  hearing  and  allegations  of  the  respective  parties  may 
be  postponed  from  time  to  time,  when  necessary,  and  the  court  may 
appoint  one  or  more  referees  to  examine  the  accounts  and  make  report 
thereon,  subject  to  confirmation;  and  may  allow  a  reasonable  compensation 
to  the  referees,  to  be  paid  out  of  the  estate  of  the  decedent:  Alaska,  Comp. 
Laws  1913,  sees.  1691,  1694-1703;  Arizona,  Eev.  Stats.  (Civ.  Code  1918). 
see.  1011;  Idaho,  Eev.  Codes  1907,  sec.  5601;  Montana,  Eev.  Codes  1907, 
sec.  7648;  North  Dakota,  Comp.  Laws  1913,  sec.  8836;  Washington,  Eem. 
Code,  sec.  1565;  Wyoming,  Comp.  Stats.  1910,  sec.  5593. 

No.  26.    Report  of  Referee  of  Account. 

[Title  of  Court  and  Estate.] 

In  pursuance  of  an  order  of  this  court,  made  and  entered  on  the 
twenty-seventh  day  of  June,  1916,  appointing  me,  the  undersigned,  a 


15  Accounts  of  Executors  and  Administrators.     Form  27 

referee,  to  examine  tlie  annual  account  of  M.  J.,  said  administratrix  of 
the  estate  of  T.  J.,  deceased,  rendered  for  settlement  and  filed  in  this 
court  on  the  sixteenth  day  of  June,  1916,  and  to  make  report  thereon, 
I  do  now  respectfully  report  to  this  honorable  court,  as  follows: 

That  I  have  fully  and  carefully  examined  said  account  and  the 
vouchers  produced  in  support  thereof;  that  I  have  been  attended  upon 
said  examination  by  said  administratrix  and  her  counsel,  and  by 
F.  J.  F.,  Esq. 

That  said  account  contains  a  just  and  full  statement  of  all  the  moneys 
received  and  disbursed  by  said  administratrix  from  the  sixteenth  day 
of  May,  1915,  the  commencement  of  her  administration  of  said  estate, 
to  the  sixteenth  day  of  June,  1916,  including  all  sums  of  money  belong- 
ing to  the  said  estate  which  came  to  her  hands  as  such  administratrix, 
or  were  received  by  any  other  person  by  her  order  or  authority  for 
her  use  as  such  administratrix  during  said  period. 

That  the  amount  of  said  money  thus  received,  as  aforesaid,  was  the 
sum  of  seven  thousand  one  hundred  and  sixty-five  dollars,  and  the 
amount  thus  disbursed,  as  aforesaid,  was  the  sum  of  one  thousand 
three  hundred  and  sixty-nine  dollars  and  fifty  cents,  leaving  in  the 
hands  of  the  said  administratrix  the  sum  of  five  thousand  seven  hun- 
dred and  ninety-five  dollars  and  fifty  cents,  to  the  credit  of  said  estate, 
subject  to  the  payment  of  the  claims  allowed  against  said  estate  and 
the  expenses  of  closing  the  administration. 

That  for  all  items  of  expenditure  proper  vouchers  were  produced 
before  me,  as  filed  in  this  court,  except  for  three  items,  each  below 
tAventy  dollars,  and  amounting  in  the  aggregate  to  a  sum  not  exceeding 
five  hundred  dollars,  to  wit,  the  sum  of  two  dollars;  for  these,  no 
vouchers  were  produced,  but  it  was  proved  before  me,  by  the  oath 
positive  of  the  said  administratrix,  as  attached  to  the  said  account, 
which  oath  is  uncontradicted,  that  such  items  v/ere  actually  paid  by 
her,  at  the  places  where,  the  dates  when,  and  to  the  parties  stated  and 
set  forth  in  said  account. 

I  further  report,  that,  after  having  fully  and  carefully  examined 
said  account,  I  am  satisfied  tliat  the  same  is  true,  just,  and  correct,  and 
entitled  to  allowance  and  approval. 

I  therefore  respectfully  recommend  its  allowance  and  approval,  and 
that  a  decree  be  entered  that  said  account  as  presented  be  settled, 
approved,  and  allowed. 

All  of  which  is  respectfully  submitted. 

Dated  ^ 

[Signature.] 

No.  27.    Decree  of  Settlement  of  Account. 
[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having, 
on  the  sixteenth  day  of  June,  1917,  rendered  and  presented  for  settle- 
ment and  filed  in  this  court,  her  annual  account  of  her  administration 


Form  28  Cowdery's  Form  Book.  16 

of  said  estate,  and  afterward,  to  wit,  on  the  eleventh  day  of  July, 
1917,  the  said  matter  coming  on  regularly  to  be  heard,  and  proof  having 
been  made  to  the  satisfaction  of  this  court  that  notice  of  settlement 
of  said  account  and  of  the  time  and  place  of  hearing  the  same  had 
been  duly  given  by  the  clerk  as  required  by  laAV  and  the  order  of  this 
court.  Now,  on  this  the  day  last  aforesaid,  the  referee,  G.  B.  M.,  Esq., 
having  returned  and  filed  his  report,  and  no  exceptions  having  been 
made  or  filed,  and  it  duly  appearing  to  this  court  that  the  said  referee 
has  fully  examined  the  said  account  and  the  vouchers  produced  in 
support  thereof,  and  that  no  person  appeared  to  contest  the  same,  and 
that  no  exceptions  or  objections  were  filed  or  made  before  said  referee 
to  said  account,  or  any  part  thereof;  that  said  account  contains  a  just 
and  full  account  of  all  the  moneys  received  and  disbursed  by  said 
administratrix,  from  the  commencement  of  her  administration  of  said 
estate  to  the  sixteenth  day  of  June,  1917;  that  all  necessary  and 
proper  vouchers  were  produced  and  duly  filed  herein; 
That  the  total  amount  received  by   said   administratrix,   as 

such  is   $7,165.00 

And  the  full  amount  expended 1,369.50 

Leaving  a  balance $5,795.50 

And  that  the  said  account  is  entitled  to  be  allowed  and  approved;  and 
the  court  having  duly  considered  said  report  and  the  matters  aforesaid: 

It  is  ordered  and  decreed,  that  the  said  account  be,  and  the  same 
hereby  is,  in  all  respects  as  the  same  was  rendered  and  presented  for 
settlement,   approved,  allowed,  and  settled. 

Done  in  open  court. 

,  Judge,  etc. 

NOTE. — The  accounts  of  administrators  and  executors  are  never  allowed 
until  it  is  proved  that  notice  of  the  time  and  place  of  hearing  and  settle- 
ment of  the  account  has  been  given  as  required  by  law,  and  the  decree 
settling  the  account  must  show  that  sucli  proof  was  made  to  the  satisfaction 
of  the  court,  and  the  decree  is  conclusive  evidence  of  the  fact  that  notice 
was  given:  Alaska,  Comp.  Laws  1913,  sec.  1696;  Arizona,  Rev.  Stats.  (Civ. 
Code"  191.3),  sec.  1013;  Idaho,  Eev.  Codes  1907,  sec.  5603;  Kansas,  Gen. 
Stats.  1915,  sec.  4637;  Montana.  Eev.  Codes  1907,  sec.  7650;  Nevada,  Rev. 
Laws  1912,  sec.  6049;  New  Mexico,  Stats.  Ann.  1915,  sec.  2295;  North 
Dakota,  Comp.  Laws  1913,  sec.  8837;  Oklahoma,  Harris  &  Day's  Code  1910, 
sec.  6444;  Oregon,  Lord's  Oregon  Laws.  sec.  1287;  South  Dakota,  Comp. 
Laws  1913,  sec.  5904;  Utah,  Comp.  Laws  1907,  sec.  3946;  Washington,  Rem. 
Code,  sec.  1567;  "Wyoming,  Comp.  Stats.  1910,  sec.  5594. 

No.  28.    Decree  of  Settlement  of  Final  Account. 
[Title  of  Court  and  Estate.] 

The  final  account  of  ,  the  administrator  of  the  estate  of  , 

deceased,  herein  rendered  and  presented  on  the  day  of ,  1917, 

coming  on  regularly  to  be  heard  this  day,  and  proof  having  been  made 
to  the  satisfaction  of  the  court  that  the  clerk  had  given  notice  of  the 
settlement   of  said  account  in  the  manner  and  for  the  time  required 


17  Accounts  of  Executors  and  Administe^^tors.     Form  29 

by  law,  and  heretofore  directed  by  this  court,  and  no  objections  bein.; 
filed  thereto,  and  it  appearing  that  said  acconnt  is  correct: 

It  is  hereby  ordered,  adjudged,  and  decreed  that  the  said  final  account 
of  tlie  said  administratrix  be  and  the  same  is  hereby  allowed  and 
approved,  and  settled. 

Done  in  open  court  this  day  of  ,  1917. 

,  Judge  of  Superior  Coiart. 

No.  29.    Decree  of  Settlement  of  Account  and  Final  Distribution. 
[Title  of  Court  and  Estate.] 

R.  D.,  executor  of  the  last  will  of  W.  H.  L.,  deceased,  having  on 
the  sixteenth  day  of  June,  1917,  rendered  and  filed  herein  a  full  account 
and  report  of  his  administration  of  said  estate,  which  account  was 
for  a  final  settlement,  and  having  with  said  account  filed  a  petition 
for  the  final  distribution  of  the  estate; 

And  the  said  account  and  petition  this  day  coming  on  regularly  to 
be  heard,  proof  having  been  made  to  the  satisfaction  of  the  court  that 
the  clerk  had  given  notice  of  the  settlement  of  said  account,  and  the 
hearing  of  said  petition,  in  the  manner  and  for  the  time  heretofore 
ordered  and  directed  by  the  court; 

And  it  appearing  that  said  account  is  in  all  respects  true  and  cor- 
rect, and  til  at  it  is  supported  by  proper  vouchers;  that  the  residue  of 
money  in  the  hands  of  the  executor,  at  the  time  of  filing  said  account 
was  one  thousand  dollars;  that  since  the  rendition  of  said  account  there 
has  been  received  by  the  said  executor  the  sum  of  five  hundred  dollars ; 
that  the  sum  of  five  hundred  dollars  has  been  expended  by  him  as 
necessary  expenses  of  administration,  the  vouchers  whereof,  together 
with  a  statement  of  such  expenses  and  disbursements,  are  now  pre- 
sented and  filed,  and  said  statement  is  now  settled  and  allowed,  and 
the  payments  are  approved  by  this  court;  that  the  estimated  expenses 
of  closing  the  estate  will  amount  to  one  hundred  dollars,  leaving  a 
residue  of  nine  hundred  dollars;  and  it  appearing  that  all  claims  and 
debts  against  said  decedent,  all  taxes  on  said  estate,  and  all  debts, 
expenses,  and  charges  of  administration  have  been  fully  paid  and  dis- 
charged, and  that  said  estate  is  ready  for  distribution,  and  in  condition 
to  be  closed; 

It  is  further  ordered,  adjudged,  and  decreed,  that  the  said  final 
accounts  of  the  said  executor  be,  and  the  same  are,  settled,  allowed, 
and  approved,  and  that  the  residue  of  said  estate  hereinafter  particu- 
larly described,  and  any  other  property  not  now  known  or  discovered, 
which  may  belong  to  the  said  estate,  or  in  which  the  said  estate  may 
have  any  interest,  be,  and  the  same  is  hereby,  distributed  as  follows: 

All  of  said  property  to  be  distributed  to  his  widow,  H.  L. 

The  following  is  a  particular  description  of  the  said  residue  of  said 
estate  referred  to  in  this  decree,  and  of  which  distribution  is  now 
ordered  as  aforesaid: 

Form  Book — 2 


Form  30  Cowdery's  Form  Book.  18 

Eight  hundred  dollars  in  gold  coin  of  the  United  States,  cash  in  the 

liands  of  said  executor. 

Dated  >. 

' ,  Judge  of  the  Superior  Court, 

NOTE. — When  any  account  is  rendered  for  settlement,  the  court  ap- 
points a  day  for  the  settlement  thereof;  the  clerk  thereupon  gives  notice 
by  posting  in  at  least  three  public  places  in  the  county,  setting  forth 
the  name  of  the  estate,  the  executor  or  administrator,  and  the  day  ap- 
pointed for  the  settlement.  The  court  may  order  further  notice  to  be 
given.  If  the  account  is  a  final  settlement,  and  a  petition  for  the  final 
distribution  of  the  estate  is  filed  with  said  accounts,  the  notice  must 
state  those  facts,  and  the  notice  must  be  given  by  posting  or  publi- 
cation, as  the  court  may  direct,  and  for  such  time  as  may  be  ordered. 
On  the  settlement  of  said  account,  distribution  and  partition  of  the  estate 
to  all  entitled  thereto  may  be  immediately  had  without  further  notice  or 
proceedings:  Alaska,  Comp.  Laws  1913,  sec.  1712;  Arizona,  Eev.  Stats. 
(Civ  Code  1913),  sees.  1008,  1009;  California,  Code  Civ.  Proc,  sees.  1633, 
1634-  Idaho,  Eev.  Codes  1907,  sec.  5599;  Montana,  Rev.  Codes  1907,  sec. 
7646-  Nevada,  Bev.  Laws  1912,  see.  6072;  North  Dakota,  Comp.  Laws  1913, 
sec  8837 •  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6440;  Oregon,  Lord's 
Oregon  Laws,  sec.  1287;  Utah,  Comp.  Laws  1907,  sec.  3945;  Wyoming, 
Comp.  Stats.  1910,  sec.  5594. 

No.  30.    Petition  by  Creditor  for  Citation  to  Administrator  to  Account. 
[Title  of  Court  and  Estate.] 

The  petition  of respectfully  represents: 

That is  the  duly  appointed,  qualified  and  acting  administrator  of 

the  estate  of ,  deceased: 

That  more  than  thirty  days  have  elapsed  since  the  expiration  of  the 
time  mentioned  in  the  notice  to  creditors  within  which  claims  must  be 
exhibited,  but  said  administrator  has  not  rendered  to  this  court  under 
oath  an  account  of  his  administration. 

That  petitioner  is  a  creditor  of  said  estate,  and  that  his  claim  for  five 
hundred  dollars  has  been  duly  presented  and  allowed,  and  ranked  among 
the  acknowledged  debts  of  said  estate. 

That  said  administrator,  though  often  requested  by  petitioner  to  do 
so,  will  give  no  information  concerning  the  condition  and  solvency  of 
said  estate. 

Wherefore,  petitioner  prays  that  said  administrator  be  cited  to  appear 
and  render  an  account  of  his  administration. 

. ,  Petitioner. 

,  Attorney  for  Petitioner. 

NOTE— See  Alaska,  Comp.  Laws  1913,  sees.  1691-1703;  Arizona,  Eev. 
Stats  (Civ.  Code  1913),  sec.  997;  Idaho,  Eev.  Codes  1907,  sec.  5589;  Kansas, 
Gen  Stats.  1915,  sec.  4635;  Montana,  Eev.  Codes  1907.  sec.  7636;  Nevada, 
Eev  Laws  1912,  sec.  6043;  North  D:ikota,  Comp.  Laws  1913,  sec.  8825;  Ore- 
gon, Lord's  Oregon  Laws,  sec.  1283;  South  Dakota,  Comp.  Laws  1913,  sec. 
5890;  Washington,  Eem.  Code,  sec.  1552;  Wyoming,  Comp.  Stats.  1910,  sec. 
5583. 


19      Accounts  of  Executors  and  Administrators.    Forms  31,  32 

No.  31.    Petition  that  Court  may  Order  Admimstrator  to  Render  an 
Account. 

[Title  of  Court  and  Estate.] 

The  petition  of  A.  B.  shows  that  he  is  &  creditor  of  the  above-entitled 
estate,  and  that  his  claim  for  $1,000  has  been  presented  to  said  adminis- 
trator and  has  been  approved  by  him  and  also  by  this  court,  but  has 
never  been  paid.  That  the  first  account  of  said  administrator  made 
after  the  expiration  of  the  time  for  the  presentation  of  claims  against 
said  estate  showed  that  he  had  on  deposit  in  the  C.  D.  E.  Trust  Com- 
pany funds  sufficient  to  pay  all  the  debts  of  said  estate  and  all  expenses 
of  administration.  That  since  said  account  was  filed  petitioner  has  been 
informed  and  he  believes  that  said  administrator  has  withdrawn  said 
funds  from  said  trust  company  and  used  more  than  thirty  per  cent  of 
said  funds  in  purchasing  wheat  in  open  market  for  his  own  account,  and 
has  sustained  a  gi-eat  loss. 

Wherefore  petitioner  prays  that  the  court  will  order  a  citation  to 
issue  to  said  administrator  requiring  him  to  appear  and  render  an 
exhibit,  sliowing  the  amount  of  money  received  and  expended  by  him, 
the  amount  of  all  claims  filed  or  presented  against  the  estate,  and  all 
other  matters  to  show  the  condition  of  the  affairs  of  said  estate. 

Dated  . 

A.  B. 

NOTE. — When  such  order  is  made  and  the  administrator  appears,  he 
may  be  examined,  and  if  he  has  been  guilty  as  charged  his  letters  must 
be  revoked:  Alaska,  Comp.  Laws  1913,  sees.  1691-1703;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sec.  997;  California,  Code  Civ.  Proc,  sec.  1626;  Idaho,  Rev. 
Codes  1907,  sec.  5591;  Kansas,  Gen.  Stats.  1915,  sec.  4635;  Montana,  Rev. 
Codes  1907,  sec.  7638;  Nevada,  Rev.  Laws  1912.  see.  6043;  North  Dakota, 
Comp.  Laws  1913,  sec.  8825;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6430; 
South  Dakota,  Comp.  Laws  1913,  sec.  5890;  Washington,  Rem.  Code,  sec. 
1552;  Wyoming,  Comp.  Stats.  1910,  sec.  5583. 

No.  32.     Petition  of  Administrator  With  the  WiU  Annexed  for  Citation 
Ordering  Former  Executor  to  Account. 

[Title  of  Court  and  Estate.] 

This  court  having  revoked  its  appointment  of  A.  B.,  as  executor  of 
the  last  will  of  C.  D.,  deceased,  petitioner,  the  administrator,  with  the 
will  annexed,  of  said  estate,  petitions  the  court  for  a  citation  command- 
ing the  said  A.  B.  to  render,  within  ten  days  from  the  service  of  said 
citation,  a  full  account  and  report  of  his  administration. 

Dated  . 

E.  F. 

NOTE. — See  Alaska,  Comp.  Laws  1913,  sees.  1691-1703;  Arizona,  Rev. 
Stats.  (Civ.  Code  1913),  sec.  1004;  California,  Code  Civ.  Proc,  see.  1629; 
Hawaii,  Rev.  Code  1915,  see.  2500:  Idaho,  Rev.  Codes  1907,  sec.  5594;  Mon- 
tana Rev.  Codes  1907.  sec.  7641;  Nevada,  Rev.  Laws  1912,  see.  5935;  Okla- 


Forms  33, 34  Cowdery's  Form  Book.  20 

lioma,  Harris  &  Day's  Code  1910,  sec.  6429;  South  Dakota,  Comp.  Laws  1913, 
sec.  5896;  Washington,  Eem.  Code,  see.  1557;  Wyoming,  Comp.  Stats.  1910, 
sec.  5588. 

No.  33.    Order  for  Attacliment  Against  Administrator  for  not  Render- 
ing Account. 

[Title  of  Com-t  and  Estate.] 

It  appearing  to  the  court  that  ,  administrator  of  the  estate  of 

;  deceased,  has  neglected  to  render  an  account  of  his  administration 

within  thirty  days  after  the  expiration  of  the  time  for  presenting  claims 
mentioned  in  the  notice  to  creditors  of  said  estate,  and  a  citation  hav- 
ing- been  issued  requiring  said  to  appear  and  show  cause  why  an 

attachment  should  not  issue  to  compel  him  to  render  said  account,  and 

said ■  having  failed  to  appear  and  render  said  account,  or  show  cause 

why  attachment  should  not  issue  as  directed  in  said  citation,  and  the 
citation  having  been  served  and  returned  in  the  manner  and  form  as  is 
by  law  provided: 

It  is  ordered  that  a  warrant  of  attachment  issue,  and  that  said  — ^ — 
be  arrested  and  brought  before  this  court  to  show  cause  why  he  should 
not  be  committed  for  contempt  of  court  for  disobeying  said  citation. 

Dated  . 

,  Judge  of  Superior  Court. 

NOTE. — If  such  exhibit  is  not  made  as  directed,  attachment  may  bo 
issued  against  the  administrator  and  such  exhibit  enforced:  California, 
Code  Civ.  Proc,  sec.  1627. 

If  an  administrator  is  delinquent  in  Sling  his  annual  account,  he  will 
not  be  attacked  until  after  citation  has  issued;  but  when  he  has  been 
ordered  to  render  an  exhibit  under  sections  1624,  1625,  he  may  be  arrested 
if  he  disobeys:  Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sees.  997-i0{)0; 
Colorado.  Mill's  Ann.  Stats.  1912-,  sec.  8031;  Idaho,  Rev.  Codes  1907,  sees. 
5589,  5590,  5592;  Kansas,  Gen.  Stats.  1915,  sec.  4635;  Montana,  Eev.  Codes 
1907,  sees.  7636,  7637,  7639;  Nevada,  Rev.  Laws  1912,  sec.  6043;  Oklahoma, 
Harris  &  Day's  Code  1910,  sec.  6433;  Oregon,  Lord's  Oregon  Laws,  sec. 
1283;  South  Dakota.  Comp.  Laws  1913,  sec.  5894;  Washington,  Rem.  Code, 
sees.  1552,   1553,  1555;   Wyoming,  Comp.  Stats.  1910,  sec.  5586. 

No.  34.     Order  Adjudging  Administrator  Guilty  of  Contempt  for  Dis- 
obeyin(j  Order  to  Render  Account. 

[Title  of  Court  and  Estate.] 

An  order  having  been  made  by  this  court  that  ,  administrator  of 

(.lie  estate  of ,  deceased,  render  the  account  of  said  estate  required 

to  be  rendered  within  thirty  days  after  the  expiration  of  the  time  men- 
tioned for  presenting  claims  in  the  notice  to  the  creditors  of  said  estate, 
and  said  time  having  elapsed  before  said  order  was  made;  and  the  said 

having  failed  to  render  said  account  as  ordered  by  the  court;  and 

the  said  having  been  cited  to  appear  and  show  cause  why  a  war- 
rant of  attachment  should  not  issue  to  compel  him  to  render  said  account 


21       Accounts  of  Executors  and  Administrators.     Forms  35,  36 

(the  said  citation  having  been  issued,  served  and  returned  as  is  by  law 

required) ;  and  tlie  said  having  been  brought  into  court,  who  then 

and  there  refused  to  render  said  account: 

It  is  ordered  that  said  be,  and  he  is  hereby  adjudged  to  be  in 

contempt  of  this  court,  and  that  he  be  committed  to  the  custody  of  the 

slipriff  of  the  county  of ,  state  of  California,  until  he  obeys  the  said 

order  of  this  court. 

Dated . 

,  Judge  of  Superior  Court. 

No.  35.    Order  Revoking  Letters  of  Administrator  After  Commitment 
for  Contempt  for  Failure  to  Account. 

[Title  of  Court  and  Estate.] 

Whereas,  on  the  day  of  ,  1917,  ,  the  administrator  of 

the  estate  of ,  deceased,  was  ordered  by  this  court  to  file  an  account 

of  his  administration  within  ten  days  from  said ,  which  order 

was  not  obeyed;  whereupon  the  said  Avas  cited  to  answer  for  con- 
tempt of  this  coiu't  because  of  said  disobedience,  and  after  a  full  hear- 
ing he  was  committed  to  the  custody  of  the  sheriff  of  said  county  until 
he  obeyed  said  order,  and  has  remained  in  said  custody  for  thirty  days 
without  obeying  said  order,  or  otherwise  piirging  himself  of  contempt: 

Now,  therefore,  the  letters  of  administration  heretofore  issued  to  said 
• on ,  1917,  are  hereby  revoked. 

Dated ■. 

,  Judge  of  Superior  Court. 

No.  36.    Order  Removing  Administrator  After  Contest  of  Account. 
[Title  of  Court  and  Estate.] 

,  administrator  of  the  estate  of ,  having  filed  bis  first  annual 

account  wherein  was  stated  that  he  paid  eight  dollars  to  the  publisher 

of  the  " "  for  publishing  notice  to  creditors,  and  it  having  been 

made  to  appear  on  the  hearing  of  said  account,  that  said  administrator 
paid  in  full  for  said  publication  six  dollars,  and  no  more,  and  converted 
two  dollars  of  said  eir^lit  dollars  to  his  personal  use,  and  thereafter  said 
administrator  being  cited  to  show  cause  before  the  court  why  his  letters 
sliould  not  be  revoked  for  the  aforesaid  misappropriation  of  trust  funds, 
and  said  administrator  appearing  at  the  hearing  of  the  last  aforesaid 
matter  in  person  and  by  counsel,  and  admitted  such  misappropriation, 
but  pleaded  in  justification  the  custom  of  administrators  and  attorneys 
"of  taking  commissions"  from  the  publishers  of  legal  notices,  and  said 
matter  being  submitted  for  judgment: 

It   is   hereby   ordered   that   the   letters   of  administration   heretofore 

granted  to  said  be  and  the  same  hereby  are  revoked. 

'  Dated : 

,  Judge  of  Superior  Court. 


Forms  37-49  Cowdeby's  Form  Book.  22 

No.  37.     Orcl:r  Allowing  Debt  Irregularly  Paid. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  ,  the  administrator  of  the  above- 
entitled  estate,  paid a  claim  of dollars,  within  the  time  limited 

by  law  for  tlie  payment  of  such  claims,  but  without  the  affidavit  or  other 
proof  of  said  claim  required  by  law;  and  it  having  been  proved,  to  the 
satisfaction  of  the  court,  that  said  amount  was  a  just  debt,  was  due 
against  the  said  estate,  was  paid  in  good  faith,  that  the  amount  thereof 
thus  paid  was  the  true  amount  of  such  indebtedness  over  and  above  all 
payments  or  setoffs;  and  the  said  estate  being  solvent: 

The  said  amount  is  allowed  the  said  administrator  in  the  settlement 
of  his  accounts. 

Dated , 

—— ,  Judge  of  Superior  Court. 

ACCOUNT  STATED. 

48.  Complaint  on  account  stated. 

49.  Answer  setting  up  an  account  stated. 

3f        No.  48.    Complaint  on  Account  Stated. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains  and  alleges: 

1.  That  on  the  —  day  of ,  19—,  at  — >  an  account  was  stated 

between  the  plaintiff  and  the  defendant,  and  upon  such  statement  a 
balance  of  $ was  found  due  to  the  plaintiff  from  the  defendant. 

2.  That  the  defendant  agreed  to  pay  to  the  plaintiff  the  said  balance 
of  $ . 

3.  That  he  has  not  paid  the  same  or  any  part  thereof. 
[Demand  of  judgment.] 

[Signature.] 

No.  49.    Answer  Setting  Up  an  Account  Stated. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  alleges: 

1.  That  after  the  said  dealings  in  said  complaint  named,  and  before 
the  commencement  of  this  action,  to  wit,  on  the  third  day  of  May,  1917, 
the  said  A.  B.  and  C.  D.  came  to  a  mutual  accounting  touching  the 
several  matters  and  things  in  said  complaint  mentioned. 

2.  That  on  the  said  accounting,  there  was  found  due  from  the  said 
A.  B.  to  the  said  C.  D.  $130,  as  a  final  balance  upon  said  mutual  dealing 
and  matters  between  the  said  A.  B.  and  C.  D. 

3.  And  the  said  C.  D.  avers  that  the  said  stated  account  is  just  and 
true. 

Wherefore,  he  claims  judgment  against  the  plaintiff  for  said  sum  of 
$130,  and  interest  from  said  third  day  of  May,  1917,  and  costs. 

[Signature.] 


Acknowledgments. 


ACKNOWLEDGMENTS. 

61.  Alabama — General  form  of  ackuowledgiiieut. 

62.  Alabama — Acknowlodgment  by  corporation, 

63.  Alabama — Proof  by  subscribing  witness. 

64.  Alabama — Acknowledgment    by    wife    in    conveyance    of    husband's 

homestead. 
64a.  Alaska — Acknowledgment — General  form. 

65.  Arizona — Ordinary  acknowledgnient. 

66.  Arkansas — General  form  of  acknowledgment. 

67.  Arkansas — Proof  of  deed  by  subscribing  witness. 

68.  Arkansas — Proof  of  handwriting  of  grantor  and  subscribing  witness. 
89.     California — Acknowledgment — General  form. 

70.  California — Acknowledgment  by  corporation. 

71.  California — Acknowledgment  by  wife. 

72.  California — Acknowledgment  by  husband  and  wife. 

73.  California — Acknowledgment  by  husband  and  wife  on  proof. 

74.  California — Acknowledgment  by  subscribing  witness. 

75.  California — Acknowledgment  when  party  proven. 

76.  California — Acknowledgment   before   county   clerk — General. 

77.  California — Acknowledgment  before  county  clerk  by  attorney  in  fact. 

78.  California — Acknowledgment  before  county  clerk  by  subscribing  wit- 

ness. 

79.  California — Acknowledgment  before  county  recorder — Gener?J. 

80.  California — Acknowledgment  before  county  recorder  by  subscribing 

witness. 

81.  California — ^Acknowledgment  before  county  recorder  by  attorney  in 

fact. 

82.  California — Acknowledgment  before  justice  of  the  peace  by  husband 

and  wife. 

83.  California — Acknowledgment  before  justice  of  the  peace — General. 

84.  California — Proof  of  execution  of  an  instrument  when  all  the  parties 

and  subscribing  witnesses  are  dead. 

85.  California — Acknowledgment  before  justice  of  the  peace  by  subscrib- 

ing AA/itness. 

86.  California — ^Acknowledgment  before  justice  of  the  peace  by  attorney 

in  fact. 

87.  California — Proof    of    execution    of    instrur.ent    by   handwriting    of 

maker  and  subscribing  witness  where  parties  are  nonresident. 

88.  California — Acknov/ledgment  by  two  individuals. 

89.  California — Acknowledgment  by  two  individuals,  one  known  and  one 

not  known  to  the  officer. 

90.  California — ^Acknowledgment  by  an  administrator. 

91.  California — Acknowledgment  by  an  cxocator. 

92.  California — Acknowledgment  by  a  trustee. 

93.  California — Proof  of  execution  by  subscribing  witness. 

94.  California — Proof  of  execution  of  an  instrument  when  the  place  of 

the  residence  of  the  parties  is  unknown. 

96.  California — Acknowledgment  by  attorney  in  fact. 

97.  California — Acknowledgment  by  prisoner   confined  in  state  peniten- 

tiary. 

98.  Colorado — Acknowledgment — General  form. 

99.  Colorado — Acknowledgment  by  married  woman  when  homestead  in- 

volved. 

100.  Colorado — Acknowledgment  of  chattel  mortga.ge. 

101.  Colorado — Proof  of  the  execution  of  instrument  by  subscribing  wit- 

ness where  witness  is  known  to  officer. 


Cowdery's  Form  Book.  24 

102.  Colcrp.do— Proof  of  esscution  of  instrument  by  suliscribing  witness 

(acknowledgment  to  witness). 

103.  Colorado — Proof  of  execution   of  instrument  by  subscribing  witness 

(witness  proved  to  be  a  subscribing  witness). 

104.  Connecticut — Acknowledgment — General  form. 

105.  Connecticut — Acknowledgment  by  corporation. 

106.  Delaware — Acknowledgment  by  single  person. 

107.  Delaware — Acknowledgment  by  husband  and  wife. 
103.  Delavaro — Acknowledgment  by  corporation. 

109.  District  of  Columbia — Acknowledgment— General  form  of  certificate. 

110.  District  of  Columbia — Acknowledgment  by  husband  and  wife. 

111.  Florida — Acknowledgment — General    form. 

112.  Florida — Ackucwledgmont  by  husband  and  wife  to  deed  relinquishing 

dower,  taken  out  cf  state. 

113.  Florida — Acknowledgment     to    wife's     separate    deed,     relinciulshing 

dower,  taken  out  of  Florida. 

114.  Florida — Acknov/lcdgment — Proof  by  subscribing  witness. 

115.  Georgia — Acknowledgment. 

116.  Georgia — Acknowledgment  of  married  woman, 

117.  Georgia — Proof  by  subscribing  witness. 

118.  Hawaii — Acknowledgment — General  form. 

119.  Hawaii — Acknovrledgment  by  corporation  or  joint  stock  association 

having  no  corporate  seal. 

120.  Hawaii— Acknowledgment  by  corporation  or  joint  stock  association. 

121.  Hawaii — Acknowledgment  by  attorney  in  fact. 

122.  Idaho — Acknowledgment — Ordinary  form. 

123.  Idaho — Acknowledgment  by  attorney  in  fact. 

124.  Idaho — A-cknowledgment  by  married  woman. 

125.  Idaho — Acknowledgment  by  corporation. 

126.  Illinois — A'iknowledgment  by  single  person. 

127.  Illinois — Acknowledgment  by  husband  and  wife. 

128.  Illinois — Acknowledgment  by  corporation. 

129.  Illinois — Proof  by  subscribing  witness. 

130.  Illinois — Proof  when  the  grantor  and  subscribing  witness  are  dead, 

or  cannot  be  produced. 

131.  Indiana — Acknowledgment — General  form. 

132.  Iowa — Acknowledgment — General  form. 

133.  Iowa — Acknowledgment  by  attorney  in  fact,  or  corporation. 

134.  Kansas — Acknowledgment  by  husband  and  wife. 

135.  Kentucky — Form  of  acknowledgment  out  of  the  state. 
1:6.  Kentucky — Acknowledgment  by  husband  and  wife. 

137.  Kentucky — Certificate  of  acknowledgment  by  corporation. 

138.  Kentucky — Proof  by  subscribing  witnesses. 

139.  Louisiana — Usual  form  of  acknowledgment. 

140.  Maine — Acknowledgment — General  form  for  use  out  of  state. 

141.  Maine — Acknowledgment  by  attorney  in  fact. 

142.  Maryland — Acknowledgment  within  the  state. 

143.  Maryland — Acknowledgment  within  the  state  of  husband  and  wife. 

144.  Maryland — Acknowledgment  taken  out  of  the  state. 

145.  Maryland — Acknowledgment  by  a  corporation. 

146.  Massachusetts — Acknowledgment — Gencr?J  form. 

147.  Ma.ssachusetts — ^Acknowledgment  by  attorney  in  fact. 

148.  Massachusetts — Acknowledgment  by  corporation  or  joint  stock  com- 

pany. 

149.  Michigan — ^Acknowledgment — General  form. 

150.  Michigan — Acknowledgment  by  corporation. 

151.  Minnesota^ — Acknowledgment   by   single   person   or  by  husband  and 

wife. 

152.  Minnesota — Acknowledgment  by  attorney  in  fact. 


25  Acknowledgments. 

153.  Minnesota — Acknowledgment  by  corporation  or  joint  stock  companies. 

154.  Mississippi — Acknowledgment — General    form. 
-155.  Mississippi — Proof  by  subscribing  witness. 

]  56.  Missouri — Acknowledgment — General   form. 

157.  Montana — Acknowledgment — General  form. 

158.  Montana — Acknowledgment  by  corporation. 

159.  Montana — Acknowledgment  by  attorney  in  fact. 

160.  Nebraska — Acknowledgment  by  husband  and  wife. 

161.  Nebraska — Acknowledgm.ent  by  single  person. 

162.  Nebraska — Proof  by  subscribing  witness, 

163.  Nevada — Acknowledgment — General  form. 

164.  Nevada — Acknowledgment  by  a  corporation. 

165.  Nevada — Acknowledgment  by  husband  and  wife. 

166.  Nevada — ^Proof  of  instruments. 

167.  Nevada — Acknowledgment  by  attorney  in  fact. 

168.  Nevada — Acknowledgment  when  grantor  is  unknown  to  officer. 

169.  Nevada — Acknowledgment  by  subscribing  witness. 

170.  New  Hampshire — Acknowledgment — General  form. 

171.  New  Hampshire — Acknowledgment  by  husband  and  wife. 

172.  New  Jersey — Acknowledgment — General  form. 

173.  New  Jersey — Proof  by  subscribing  witness. 

174.  New  Jersey — Proof  of  deed  by  corporation. 

175.  New  Mexico — Acknowledgment — General  form. 

176.  New  Mexico — Ackucwledgment  by  attorney  in  fact. 

177.  New  Mexico — Acknowledgment  by  corporation  or  association. 

178.  New  York — Acknowledgment  by  corporation. 

179.  New  York — Acknowledgment — General   form. 

180.  New  York — Proof  of  deed  of  a  corporation  by  its  president  or  other 

officer. 

181.  New  York — Acknowledgment  by  attorney  in  fact. 

182.  New  York — Proof  by  subscribing  witness. 

183.  North  Carolina — Acknowledgment  by  husband  and  wife. 

184.  North  Carolina — Acknowledgment  by  grantor. 

185.  North  Carolina — Proof  of  conveyance  by  a  corporation  executed  by 

president  or  trustee  and  two  other  m-embers  of  the  corporation. 

186.  North  Dakota — Acknowledgment — General  form. 

187.  North  Dakota — Acknowledgment  by  corpcrr.cion. 

188.  North  Dakota — Acknowledgment  by  attorney  in  fact. 

189.  Ohio— Acknowledgment — General  form. 

190.  Ohio — Acknowledgment  by  corporation. 

191.  Ohio — Acknowledgment  by  attorney  in  fact. 

192.  Oklahoma — Acknowledgment — General  form. 

193.  Oklahoma — Acknowledgment  by  corporation. 

194.  Oregon — Acknowledgment  by  justice  of  the  peace — General  form. 

195.  Oregon — Acknowledgment  by  attorney  in  fact  before  justlc-o  of  th? 

peace. 

196.  Pennsylvania — Acknowledgment  of  individuals  (single  or  married). 

197.  Pennsylvania — Acknowledgment  by  husband  and  wife. 

198.  Pennsylvania — ^Proof  of  deed  by  corporation. 

199.  Pennsylvania — Proof  by  subscribing  witness. 

200.  Pennsylvania — Acknowledgment  of  corporation  by  attorney 

201.  Rhode  Island — General  form. 

202.  South  Carolina — Proof  by  subscribing  witness. 

203.  South  Carolina — ^Wife's  renunciation  of  dower. 

204.  South  Carolina — Certificate  of  proof  by  subscribing  witness  to  deed 

by  a  corporation. 

205.  South  Dakota — Acknowledgment — General  form. 

206.  South  Dakota — Acknowledgmsnt  by  corporation. 

207.  South  Dakota — Acknowledgment  by  attorney  in  fact. 


Cowdery's  Form  Book.  2Q 

208.  Tennessee — Acknowledgment  liy  one  person,  married  or  single. 

209.  Tennessee — Acknowledgment  by  husband  and  wife. 

210.  Tennessee — Proof  by  subscribing  witness. 

211.  Tennessee — Acknowledgment  by  corporation. 

212.  Texas — ^Acknowledgment — Ordinary  form. 

213.  Texas — Acknowledgment  of  married  woman. 

214.  Texas — Acknowledgment  by  husband  and  wife. 

215.  Texas — Certificate  of  proof  by  witness. 

216.  Texas — Acknowledgment  by  corporation. 

217.  Texas— Proof  by  subscribing  witness. 

218.  Utah — Acknowledgment — General  form. 

219.  Utah — Proof  by  subscribing  witness. 

220.  Utah — Acknowledgment  by  corporation. 

221.  Vermont — Acknowledgment — General  form. 

222.  Vermont — Certificate  of  acknowledgment  of  deed  of  a  corporation. 

224.  Virginia — Acknowledgment — General  form. 

225.  Virginia — Acknowledgment  by  commissioner. 

226.  Virginia — Acknowledgment  by  corporation. 

227.  Washington — Acknowledgment — General  form. 

228.  V/ashington — Acknowledgment  by  corporation. 

229.  Wisconsin — Acknowledgment  by  husband  and  wife. 

230.  West  Virginia — Acknowledgment — General  form. 

231.  West  Virginia — Acknowledgment  by  husband  and  wife. 

232.  West  Virginiar— Acknowledgment  by  wife  subsequent  to  husband. 

233.  West  Virginia — Acknowledgment  by  corporation. 

234.  Wisconsin — Acknowledgment  by  single  person. 

235.  Wisconsin — Acknowledgment  by  corporation. 

236.  Wisconsin — Certificate   of   acknowledgment  before  notary  public  by 

husband  and  wife. 

237.  Wyoming — Acknowledgment — General  form. 

238.  Wyoming — Acknowledgment,  when  releasing  homestead. 

239.  Wyoming— Acknowledgment  by  married  woman  where  right  of  home- 

stead is  involved. 

240.  Acknowledgment  before  United  States  ConsuL 

241.  Certificate  of  officer's  authority. 

CROSS-REFERENCE  S. 

Acknowledgment   by  Deputy    Sheriff,   No.    1709. 
Acknowledgment  of  Tenancy,   No.   2377. 

INTRODUCTORY  NOTE. 

By  Whom  Acknowledginent  may  be  Taken  in  This  State.— The 
proof  or  acknowledgment  of  an  instrument  may  be  made  in  this 
state,  within  tlie  city,  county,  city  and  county,  township  (or  district) 
for  which  the  officer  was  elected,  or  appointed,  before  either; 

1.  A  clerk  of  a  court  of  record ; 

2.  A  county  recorder; 

3.  A  court  commissioner; 

4.  A  notary  public ; 

5.  A  justice  of  the  peace. 

NOTE.— California,    Civ.    Code,    sec.    1181. 

By  Whom  Taken  Without  the  State. — The  proof  or  acknowledg- 
ment of  an  instrument  may  be  made  without  this  state,  but  within 


27  Acknowledgments.  Form  61 

the  United  States,  and  within  the  jurisdiction  of  the  officer,  before 
either : 

1.  A  justice,  judge  or  clerk  of  any  court  of  record  of  the  United 

Q  +  nfpo  •     Q7* 

2.  A  justice,  judge  or  clerk  of  any  court  of  record  of  any  state ; 

or, 

3.  A  commissioner  appointed  by  the  governor  of  this  state  tor 

that  purpose ;  or, 

4.  A  notary  public;  or, 

5.  Any  other  officer  of  the  state  where  the  acknowledgment  is 
made  authorized  by  its  laws  to  take  such  proof  or  acknowledgment. 

NOTE. — California,  Civ.  Code,  sec.  1182. 

Proof  of  Acknowledgment  Outside  United  States. — The  proof  or 
acknowledgment  of  an  instrument  may  be  made  without  the  United 
States  before  either: 

1.  A  minister,  commissioner  or  charge  d'affaires  of  the  United 
States,  resident  and  accredited  in  the  country  where  the  proof  or 
acknowledg-ment  is  made ;  or, 

2.  A  consul,  vice-consul  or  consular  agent  of  the  United  States, 
resident  in  the  country  where  the  proof   or  acknowledgment  is 

made;  or, 

3.  A  judge  of  a  court  of  record  of  the  country  where  the  proof 
or  acknowledgment  is  made ;  or, 

4.  Commissioners  appointed  for  such  purposes  by  the  governor 
of  the  state,  pursuant  to  special  statutes ;  or, 

5.  A  notary  public. 

NOTE.— California,   Civ.   Code,   sec.    1183. 

No.  61.    AlalDama^-General  Form  of  Acknowledgment. 

State  of  Alabama, 
County. 

I   [name  and  style  of  the  officer]   hereby  certify  that  ,  whose 

name  is  signed  to  the  foregoing  conveyance,  and  who  is  known  to  me, 
acknowledged  before  me  on  this  day  that,  being  informed  of  the  con- 
tents of  the  conveyance,  he  executed  the  same  voluntarily  on  the  day 
the  same  bears  date. 

Given  under  my  hand,  this  day  of  ,  A.  D.  . 

,  .Tudsre,  etc.  [or  as  the  case  may  be]. 

NOTE. — Alabama,   Civ.  Cod©  1907,  sec.  3361. 


Forms  62-64  Cowdery^s  Form  Book.  28 

No.  62.    Alabama^— Acknowledgment  by  Corporation. 

State  of  Alabama, 
County. 

I,  ,  a in  and  for  said  county  and  state,  hereby  certify  that 

,  whose  name  as  [treasurer  or  other  officer]  of  the  ,  a  corpora- 
tion, is  signed  to  the  foregoing  conveyance,  and  who  is  known  to  me, 
acknowledged  before  me  on  this  day  that,  being  informed  of  the  con- 
tents of  the  conveyance,  he  as  such  officer  with  full  authority,  executed 
the  same  voluntarily  for  and  as  the  act  of  said  corporation. 

Given  under  my  hand  this  day  of ,  19 — . 

NOTE.— Alabama,   Civ.   Code     1907,   sec.    3361. 

No.  63.    Alabama^— Proof  by  Subscribing  Witness. 

State  of  Alabama, 
County. 


I  [name  and  style  of  the  officer],  hereby  certify  that ,  a  subscrib- 
ing witness  to  the  foregoing  conveyance,  known  to  me,  appeared  before 
me  this  day,  and,  being  sworn,  stated  that  ,  the  gi-antor,  volun- 
tarily executed  the  same  in  his  presence,  and  in  the  presence  of  other 
subscribing  witness,  on  the  day  the  same  bears  date;  that  he  attested 
the  same  in  the  presence  of  the  grantor,  and  of  the  other  witness;  and 
that  such  other  witness  subscribed  his  name  as  a  witness  in  his  presence. 

Given  under  my  hand  this day  of ,  A.  D.  . 

Judge,  etc.  [or  as  the  case  may  be]. 

NOTE.— Alabama,  Civ.  Code  1907,  sec.  3362. 

No.  64.    Alabama^AcknowIedgment  by  Wife  in  Conveyance  of  Hus- 
band's Homestead. 

State  of  Alabama, 
County. 

I^ ,  Judge  of [or  other  officer,  as  the  case  may  be] ,  do  hereby 

certify  that  on  the day  of  ,  19 — ,  came  before  me  the  within 

named  ;,  known  to  me  [or,  made  known  to  me]  to  be  the  wife  of 

the  within  named  ,  who,  being  examined  separate  and  apart  from 

the  husband  touching  her  signature  to  the  within  ,  acknowledged 

that  she  signed  the  same  of  her  own  free  will  and  accord,  and  without 
fear,  constraint  or  threats  on  the  part  of  the  husband. 

In  witness  whereof  I  hereto  set  my  hand  this  day  of ,  19 — . 

,    Judge  [or  other  officer,  as  the  ease  may  be]. 

NOTE.— Alabama,  Civ.  Cod©  1907,  sec.  4161. 


29  '  Acknowledgments.  Forms  64a-66 

No.  64a.    Alaska — Acknowledgment — General  Form. 

[Name  of  country.] 

[Name  of  city,  province  or  other  political  subdivision.] 

Before  the  undersigned  [naming  the  officer  and  designating  his 

official  title]   duly  commissioned  [or  appointed]   and  qualified,  this  day 

l^ersonally  appeared  at  the  place  above  named [naming  the  person 

or  persons  acknowledging]  who  declared  that  he  [she  or  they]  knew  the 
contents  of  the  foregoing  insti-ument,  and  acknowledged  the  same  to  be 
his  [her  or  their]  act. 

Witness  my  hand  and  official  seal  this day  of ,  19 — . 

[Seal] 

[Name  of  officer]. 

[Official  title]. 

No.  65.    Arizona — Ordinary  Acknowledgment, 

State  of  Arizona, 

County  of , ss. 

This  instrument  was  acknowledged  before  me  this  day  of 


19 — ;  by  [if  by  a  natural  person  or  persons  here  insert  name  or  names; 
if  by  a  person  acting  in  a  representative  or  official  capacity,  or  as  attor- 
ney in  fact,  then  insert  name  of  person  as  executor,  attorney  in  fact, 
or  other  capacity ;  if  by  an  officer  or  officers  of  a  corporation,  then  insert 
name  or  names  of  sucli  officer  or  officers  as  the  president  or  otlier  officei 
of  such  corporation,  naming  it]. 

,  Notary  Public  [or  other  officer]. 

NOTE.— Arizona,  Civ.  Code  1913,  sec.  2076. 

No.  66.    Arkansas — General  Form  of  Acknowledgment. 

State  of  Arkansas, 
County  of . 

On  this day  of 1,  19 — ,  before  me ^,  a  justice  of  the  peace 

within  and  for  the  county  of ,  in  the  state  of  Arkansas,  appeared 

in  person ,  to  me  personally  well  known  as  the  person  whose  name 

appears  upon  the  within  and  foregoing  deed  of  conveyance  as  the  party 
grantor,  and  stated  that  he  had  executed  the  same  for  the  considera- 
tion and  purposes  therein  mentioned  and  set  forth,  and  I  do  hereby  so 
certify. 

In  testimony  whereof  I  have  hereunto  set  my  hand  as  such  justice  of 
the  peace,  in  the  county  of ,  on  the day  of ,  19 — , 

NOTE.— Digest  of  Stats.  1904,  p.  1672. 


Forms  67-69  Cowdery's  Form  Book.  30 

No.  67.    Arkansas — Proof  of  Deed  by  Subscribing  Witness. 

State  of  Arkansas, 

County  of  . 

Be  it  remembered  that  on  this  day  of  ,  19 — ,  before  me, 

a  justice  of  the  peace  in  and  for  the  county  aforesaid,  personally 


appeared  ,  one  of  the  subscribing  witnesses  to  the  foregoing  deed, 

to  me  personally  well  known,  who,  being  by  me  first  dialy  sworn,  on  his 

oath  stated  that  he  saw ,  grantor  in  said  deed,  subscribe  said  deed 

on  the  day  of  its  date   [or  that  the  said  ,  grantor  in  said  deed, 

acknowledged  in  his  presence,  on  the  day  of  ,  19 — ,  that  he 

liad  subscribed  and  executed  said  deed],  for  the  uses,  purposes,  and  con- 
sideration therein  expressed;  and  that  he  and  — — ,  the  other  subscrib- 
ing witness,  subscribed  the  same  as  attesting  witnesses  at  the  request 
of  said  grantor. 

In  testimony  wiiereof  I  have  hereunto  set  my  hand  as  such  justice 
of  the  peace,  at  the  county  aforesaid,  this day  of ,  19 — . 

NOTE.— Digest  of  Stats.  1904,  p.  1672. 

No.  68.    Arkansas — Proof  of  Haadwriting  of  Grantor  and  Subscribing 

Witness. 

State  of  Arkansas, 

County  of  . 

Be  it  remembered  that  on  this  day  of  ,  19 — ,  before  me, 

-,  a  justice  of  the  peace  in  and  for  the  county  aforesaid,  came 


and  ,  and  upon  their  oaths  stated  that  the  signatures  of  — — ,  the 

grantor  in  the  within  and  foregoing  deed,  and  of ,  witness  thereto, 

are  genuine,  and  are  in  the  handwriting  of  the  said  and  

respectively. 

In  testimony  whereof  I  have  hereunto  set  my  hand  as  such  justice  of 
the  peace,  in  the  county  aforesaid,  this  day  of ,  19 — » 

NOIE.— Digest  of  Stats.  1904,  p.  1672. 

No.  69.    California — Acknowledgment — General  Form. 

State  of , 

County  of ,  ss. 


On  this  day  of ,  in  the  year  191 — ,  before  me  [here  insert 

name  and  quality  of  officer;  as,  ,  a  justice  of  the  peace  in  and  for 

the  said  county  of ,  state  of ;  county  recorder  in  and  for  the 

said  county  of ,  state  of ;  a  notary  public  in  and  for  the  said 

county  (or,  city  and  county)  of  ,  state  of  ;  county  clerk  and 

ex-oflficio  clerk  of  the  superior  court;  or,  a  commissioner  of  deeds  for 
tlie  state  of  ,  duly  commissioned  and  sworn,  and  residing  at  — • — , 


31  Acknowledgments.  Forms  70-71 

in  said  county  of ,  state  of ]  personally  appeared ,  known 

to  me  to  be  the  person  whose  name  is  subscribed  to  the  within  instru- 
ment, and  acknowledged  that  he  executed  the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  offi- 
cial seal  the  day  and  year  in  this  certificate  first  above  written. 

[Seal]  [Official  signature.] 

NOTE.— California,  Civ.  Code,  sec.  1189. 

No.  70.    Califomia^-Acknowledgment  by  Corporation. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

On  this  third  day  of  August  in  the  year  one  thousand  nine  hundred 
and  six,  before  me,  A.  B.,  a  notary  public  in  and  for  the  said  city  and 
county,  personally  appeared  C.  M.  B.,  known  to  me  to  be  the  president 
of  the  corporation  described  in  and  that  executed  the  within  instrument, 
and  also  known  to  me  to  be  the  person  who  executed  it  on  behalf  of  the 
corporation  therein  named,  and  he  acknowledged  to  me  that  such  corpo- 
ration executed  the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  offi- 
cial seal  the  day  and  year  first  herein  written. 


[Here  insert  official  title.] 

NOTE. — California,  Civ.  Code,  sec.  1190.  The  acknowledgment  of  an  in- 
strument must  not  be  taken  unless  the  officer  taking  it  has  satisfactory 
evidence,  on  the  oath  or  affirmation  of  a  credible  witness,  that  the  person 
making  such  acknowledgment  is  the  individual  who  is  described  in  and  who 
executed  the  instrument,  or  if  executed  by  a  corporation,  that  the  person 
making  such  acknov/ledgment  is  the  president  or  secretary  of  such  cor- 
poration, or  other  person  who  executed  it  on  its  behalf:  Id.,  sec.  1185. 

No.  71.    California — Acknowledgment  by  Wife. 

State  of  California, 
County  of  Butte, — ss. 

On  this  second  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  W.  B.,  a  notary  public  in  and  for  the  said 
Butte  county,  personally  appeared  M.  C,  wife  of  G.  C,  known  to  me 
to  be  the  person  whose  name  is  subscribed  to  the  within  instrument  and 
acknowledg:ed  to  me  that  she  executed  the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  this  day  and  year  first  herein  written. 

My  commission  expires  on  the  tenth  day  of  August,  1918. 

[Seal]  , 

Notary  Public  in  and  for  the  County  of  Butte,  State  of  California. 


Forms  72-75  Cowdery's  Form  Book.  32 

'No.  72.    California — Acknowledgment  by  Husband  and  Wife. 

State  of  California, 
County  of  San  Mateo, — ss. 

On  this  second  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  H.  W.,  notary  public  in  and  for  the  said  San 
Mateo  county,  state  of  California,  personally  appeared  J.  A.  and  M.  A., 
his  wife,  known  to  me  to  be  the  persons  whose  names  are  subscribed  to 
the  within  instrument,  and  they  and  each  of  them  acknowledged  to  me 
that  they  and  each  of  them,  respectively,  executed  the  same. 

No.  73.    California — Acknowledgment  by  Husband  and  Wife  on  Proof. 

State  of  California, 
County  of  Sonoma, — ss. 

On  this  second  day  of  July,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  S.  D.,  a  notary  public  in  and  for  the  county 
of  Sonoma,  personally  appeared  J.  S.  and  S.  S.,  his  wife,  satisfactorily 
proved  to  me  to  be  husband  and  wife,  and  the  persons  described  in  and 
who  executed  the  within  instrument,  by  the  oath  of  G.  C,  a  competent 
and  credible  witness  for  that  purpose,  by  me  duly  sworn,  and  the  said 
J.  S.  and  S.  S.,  his  wife,  each  of  them,  acknowledged  to  me  that  they 
respectively  executed  the  same. 

NOTE.— California,  Civ.  Code,  sec.  1189. 

No.  74.    California — Acknowledgment  by  Subscribing  Witness. 

State  of  California, 
County  of  Sonoma, — ss. 

On  this  second  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  P.  W.,  a  notary  public  in  and  for  the  said 
county,  personally  appeared  J.  M.,  known  to  me  to  be  the  same  person 
whose  name  is  subscribed  to  the  within  instrument,  as  a  witness  thereto, 
who,  being  by  me  duly  sworn,  deposed  and  said,  that  he  resides  in  the 
town  of  Sonoma;  that  he  was  present  and  saw  J.  F.  (personally  known 
to  him  to  be  the  person  described  in  and  who  executed  the  said  instru- 
ment, as  party  thereto),  sign,  seal  and  deliver  the  same;  and  that  the 
said  J.  F.  duly  acknowledged,  in  the  presence  of  said  affiant,  that  he 
executed  the  same,  and  that  he,  the  said  affiant,  thereupon,  and  at  his 
request,  subscribed  his  name  as  a  witness  thereto. 

NOTE.— California,  Civ.  Code,  sec.  1196. 

No.  75.    California — Acknowledgment  When  Party  Proven. 

State  of  California, 
County  of  Sierra, — ss. 

On  this  second  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  F.  J.,  a  notary  public  in  and  for  the  said 


33  Acknowledgments.  Forms  76-78 

county  of  Sierra,  personally  appeared  W.  W.,  satisfactorily  proved  to 
me  to  be  the  person  described  in  and  who  executed  the  within  instru- 
ment, by  the  oath  of  L.  S.,  a  competent  and  credible  witness  for  that 
purpose,  by  me  duly  sworn,  and  he,  the  said  W.  W.,  acknowledged  to  me 
that  he  executed  the  same. 

NOTE.— California,  Civ.  Code,  sec.  1189. 

No.  76.    California— Acknowledgment  Before  Comity   Clerk— General. 

State  of  California, 
County  of  Sierra, — ss. 

On  this  second  day  of  June,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  W.  A.,  county  clerk  of  the  county  of  Sierra, 
personally  appeared  W.  H.,  known  to  me  to  be  the  person  whose  name 
is  subscribed  to  the  within  instrument,  and  acknowledged  to  me  that  he 
executed  the  same. 

NOTE.— California,  Civ.  Code,  sec.  1189. 

No.  77.    California— Acknowledgment  Before  County  Clerk  by  Attor- 
ney in  Fact. 

State  of  California, 
County  of  Santa  Clara, — ss. 

On  this  second  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  J.  S.,  county  clerk,  and  ex-officio  clerk  of  the 
superior  court  of  the  said  county  of  Santa  Clara,  personally  appeared 
J.  T.,  known  to  me  to  be  the  person  whose  name  is  subscribed  to  the 
within  instrument,  as  the  attorney  in  fact  of  W.  S.,  and  the  said  J.  T., 
duly  acknowledged  to  me  that  he  subscribed  the  name  of  W.  S.  thereto 
as  principal,  and  his  own  name  as  attorney  in  fact. 

NOTE. — California,  Civ.  Code,  sec.  1191. 

No.  78.    Calif ornia^-Acknowledgment  Before  County  Clerk  by  Subscrib- 
ing "Witness. 

State  of  California, 
County  of  San  Mateo, — ss. 

On  this  second  day  of  March,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  H.  W.,  county  clerk  of  said  San  Mateo  county, 
personally  appeared  W.  W.,  personally  known  to  me  to  be  the  person 
whose  name  is  subscribed  to  the  within  instrument,  as  a  witness  thereto, 
who,  being  by  me  duly  sworn,  deposed  and  said,  that  he  resides  in  Red- 
wood City,  county  of  San  Mateo,  state  of  California;  that  he  was  present 
and  saw  A.  T.  (known  to  him  to  be  the  person  described  in  and  who 
executed  the  said  instrument)  sign,  seal,  and  deliver  the  same;  and  that 

Form  Book — 3 


Forms  79-81  Cowdery's  Form  Book.  31 

the  said  A.  T.  acknowledged  in  the  presence  of  said  affiant  that  he  exe- 
cuted the  same,  and  that  he,  the  said  affiant,  at  his  request,  subscribed 
his  name  as  a  witness  thereto, 

NOTE'.— California,  Cir.  Code,  sec.  1196. 

No.  79.    Calif omia  —  Acknowledgment     Before     County     Recorder— 
G-eneral. 

State  of  California, 

County  of  Santa  Barbara, — S3. 

On  this  second  day  of  March,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  A.  D.,  county  recorder  in  and  for  the  said 
Santa  Barbara  county,  personally  appeared  R.  R.,  known  to  me  to  be 
the  person  whose  name  is  subscribed  to  the  within  instrument,  and 
acknowledged  to  me  that  he  executed  the  same. 

NOTE.— California,  Cir.  Code,  see.  1189. 

Ko.  80.    California— Acknowledgment  Before  County  Recorder  by  Sub- 
scribing Witness. 

State  of  California, 
County  of  San  Mateo, — ss. 

On  this  sixteenth  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  W.  W.,  county  recorder  in  and  for  the  said 
San  Mateo  county,  personally  appeared  H.  N.,  known  to  me  to  be  the 
person  whose  name  is  subscribed  to  the  annexed  instrument,  as  a  wit- 
ness thereto,  who,  being  by  me  duly  sworn,  deposed  and  said,  that  he 
i-esides  in  said  county  of  San  Mateo ;  that  he  was  present  and  saw  C.  H. 
vpersonaily  known  to  him  to  be  the  person  described  in  and  who  exe- 
cuted the  said  within  instrument  as  a  party  thereto)  sign,  seal,  and 
deliver  the  same;  and  that  the  said  C.  H.  acknowledged,  in  the  presence 
of  said  affiant,  that  she  executed  the  same,  and  that  he,  said  affiant,  at 
lier  request,  subscribed  his  name  as  a  witness  thereto. 

NOTE. — California,  Civ.  Code,  sec.  1196. 

No.  81.    California — Acknowledgment  Before  County  Recorder  by  At- 
torney in  Fact. 

State  of  California, 
County  of  Madera, — ss. 

On  this  second  day  of  July,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  T.  Y.,  county  recorder  in  and  for  the  said 
county  of  Madera,  personally  appeared  J.  H.,  known  to  me  to  be  the 
person  whose  name  is  subscribed  to  the  within  instrament  as  the  attor- 
ney in  fact  of  G.  F.;  and  the  said  J.  H.  acknowledged  to  me  that  he 


35  Acknowledgments.  Forms  82-84 

subscribed  the  name  of  G.  F.  thereto  as  principal,  and  his  own  name  as 
attorney  in  fact. 

NOTE.— California,  Civ,  Code,  sec.  1191. 

No.  82.    California — Acknowledgment  Before  Justice  of  the  Peace  by 
Husband  and  Wife. 

State  of  California, 
County  of  San  Mateo, — ss. 

On  this  second  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  G.  W.,  a  justice  of  the  peace  in  and  for  the 
county  of  San  Mateo,  personally  appeared  before  me  at  my  office  in  the 
county  of  San  Mateo,  California,  W.  C,  and  R.  C,  his  wife,  known  to 
me  to  be  the  persons  whose  names  are  subscribed  to  the  within  instru- 
ment, who  each  of  them  acknowledged  to  me  that  they  respectively 
executed  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  pri- 
vate seal  at  my  office  (having  no  seal  of  office),  the  day  and  year  in 
this  certificate  first  above  written. 

NOTE.— Califoriiia,  Civ.  Code,  sec.  1189. 

No.  83.    California — Acknowledgment  Before  Justice  of  the  Peace — 
General. 

State  of  California, 
County  of  San  Diego, — ss. 

On  this  second  day  of  May,  in  the  year  one  thousand  nine  hundrr-Ll 
and  seventeen,  before  me,  R.  P.,  a  justice  of  the  peace  in  and  for  said 
county  of  San  Diego,  personally  appeared  P.  J.,  known  to  me  to  be  tlie 
person  whose  name  is  subscribed  to  the  said  within  instrument,  who 
acknowledged  to  me  that  he  executed  the  same. 

In  witness  whereof,  etc. 

NOTE.— California,  Civ.  Code,  sec.  1189. 

No.  84.     California — Proof  of  Execution  of  an  Instrument  When  AU 
the  Parties  and  Subscribuig  Witnesses  are  Dead. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

On  this,  the  first  day  of  March,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  J.  M.,  a  notary  public,  in  and  for  the  city 
and  county  of  San  Francisco,  personally  appeared  A.  B.,  known  to  be 
a  credible  witness,  and  after  being  by  me  sworn  in  the  manner  and 
form  by  law  required,  I  exhibited  to  him  an  instrument  in  writing,  to 
wit,  the  grant  of  land,  to  which  this  certificate  is  attached,  upon  which 


Forms  85,86  Cowdeby's  Form  Book.  36 

is  written  the  signature  of  D.  E.,  grantor  and  G.  H.,  as  subscribing  wit- 
ness to  it.  After  being  sworn,  the  said  A.  B.  testified  in  substance  that 
said  instrument  has  never  been  acknowledged;  that  he  knew  personally 
D.  E.,  the  gi-antor  and  the  subscribing  witness  G.  H.,  at  the  date  of  said 
instrument.  That  the  parties  and  all  the  subscribing  witnesses  to  said 
instrument  are  dead;  that  he  then  knew,  and  now  knows,  the  handwrit- 
ing of  the  said  gi-antor  and  subscribing  witness.  That  the  signature  of 
the  grantor  D.  E.  is  genuine,  and  the  signature  of  G.  H.,  the  only  sub- 
scribing Avitness,  is  genuine.  That  he,  the  said  witness,  resides  in  said 
city  and  county. 

Witness  my  hand,  etc. 

NOTE.— California,  Civ.  Code,  sec.  1198. 

No.  85.    California,— Acknowledgment  Before  Justice  of  tlie  Peace  by 

Subscribing  Witness. 

State  of  California, 
County  of  Sierra, — ss. 

On  this  second  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  G.  W.,  a  justice  of  the  peace  in  and  for  the 
county  of  Sierra,  personally  appeared  before  me  in  my  office  in  the 
county  of  Sierra,  state  of  California,  W.  W.,  known  to  me  to  be  the 
person  whose  name  is  subscribed  to  the  within  instrument,  as  a  witness 
thereto,  who,  being  by  me  duly  sworn,  deposed  and  said,  that  he  resides 
in  Redwood  City,  county  of  San  Mateo;  that  he  was  present  and  saw 
J.  L.  (personally  known  to  him  to  be  the  same  person  described  in  and 
who  executed  the  said  instrument),  sign,  seal,  and  deliver  the  same,  and 
that  the  said  J.  L.  duly  acknowledged,  in  the  presence  of  said  affiant, 
that  he  executed  the  same,  and  that  he,  the  said  affiant,  at  his  request, 
thereupon  subscribed  his  name  as  a  witness  thereto. 

NOTE.— California,  Civ.  Code,  sec.  1196. 

No.  86.    California — Acknowledgment  Before  Justice  of  tlie  Peace  by 
Attorney  in  Fact. 

State  of  California, 
County  of  Shasta, — ss. 

On  this  second  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  H.  T.,  a  justice  of  the  peace  in  and  for  the 
county  of  Shasta,  personally  appeared  before  me  in  my  office  in  the 
county  of  Sierra,  state  of  California,  W.  R.,  known  to  me  to  be  the  per- 
son whose  name  is  subscribed  to  the  within  instrument  as  the  attorney 
in  fact  of  J.  H.,  and  the  said  W.  R.  acknowledged  to  me  that  he  sub- 
scribed the  name  of  J.  H.  thereto  as  principal  and  his  own  name  as 
attorney  in  fact. 

NOTE. — California,  Civ.  Code,  sec.  1191. 


37  Acknowledgments.  Forms  87-89 

No.  87.    California — Proof  of  Execution  of  Instrument  by  Handwriting 
of  Maker  and  Subscribing  Witness  Where  Paxties  are  Non- 
resident. 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

On  this,  the  first  day  of  March,  in  the  year  1917,  before  me,  J.  M., 
a  notary  public  in  and  for  the  city  and  county  of  San  Francisco,  per- 
sonally appeared  A.  L.,  known  to  me  to  be  the  person  whose  name  is 
subscribed  to  the  instrument  to  which  this  writing  is  annexed  as  a  wit- 
ness to  the  genuineness  of  the  signature  of  the  grantor,  S.  S.,  and  tlse 
genuineness  of  the  signature  of  M.  A.,  the  subscribing  witness  to  said 
instrument.  The  said  A.  L.  was  sworn  by  me  in  the  manner  and  form 
required  by  law  and  the  substance  of  his  testimony  was  as  follows :  That 
he  personally  knew  S.  S.,  the  grantor,  and  M.  A.,  the  subscribing  wit- 
ness, and  also  the  grantor  in  said  instrument  named  at  the  time  said 
instrument  was  executed,  to  wit,  at  the  city  and  county  of  San  Fran- 
cisco on  the  third  day  of  June  in  the  year  1916 ;  that  since  the  execution 
of  said  instrument  both  the  gi-antor  and  grantee  have  become  nonresi- 
dents of  the  state  of  California,  to  wit,  they  reside  in  the  city  of  Rome, 
in  the  Kingdom  of  Italy;  that  he  is  well  acquainted  with  the  signature 
of  the  grantor  and  the  said  subscribing  witness,  and  the  signature  of 
the  grantor  and  the  signature  of  the  subscribing  witness,  and  the  signa- 
ture of  said  grantor  to  the  said  instrument,  and  also  the  signature  of 
the  subscribing  witness  are  genuine.  That  he,  said  A.  L.,  is  a  resident 
of  Sausalito,  county  of  Marin,  state  of  California,  and  that  he  subscribed 
his  name  to  said  instrument  as  a  witness  to  the  genuineness  of  said 
grantor  and  said  subscribing  witness,  respectively. 

[Signature.] 

NOTE.— California,  Civ.  Code,  sec.  1198. 

No.  88.    California^— Acknowledgment  by  Two  Individuals. 

State  of , 

County  of ,  S3. 

On  this day  of ,  in  the  year  191 — ,  before  me, ,  person- 
ally appeared  and  ,  known  to  me  to  be  the  persons  whose 

names  are  subscribed  to  the  within  instrument,  and  severally  acknowl- 
edged that  they  executed  the  same. 

In  witness  whereof  [etc]. 

[Seal]  [Official  signature.] 

No.  89.    California — Acknowledgment  by  Two  Individuals,  One  Known 
and  One  not  Known  to  tlie  Officer. 

State  of  , 

County  of  ,  ss. 

On  this  day  of ,  in  the  year  191 — ,  before  me,  personally 

appeared ,  known  to  me  to  be  one  of  the  persons  whose  names  are 


Forms  90-93  Cowdery's  Form  Book.  38 

subscribed  to  the  within  instrument,  and  also  personally  appeared , 

proved  to  me,  on  the  oath  of ,  to  be  the  other  person  whose  name 

is  subscribed  to  the  within  instrument ;  and  the  said and there- 
upon severally  acknowledged  that  they  executed  the  same. 

In  witness  whereof   [etc]. 

[Seal]  [Official  signature.] 

No.  90.    California — Acknowledgment  by  an  Administrator. 

State  of  , 

County  of  ,  SB. 

On  this day  of ,  in  the  year  191 — ,  before  me, ,  person- 
ally appeared ,  known  to  me  to  be  the  administrator  of  the  estate 

of ,  deceased,  late  of ,  and  to  be  the  person  whose  name  is  sub- 
scribed to  the  within  instrument,  and  acknowledged  that  he  executed 
the  same  as  such  administrator. 

In  witness  whereof  [etc]. 

[Seal]  [Official  signature.] 

No.  91.    California — Acknowledgment  by  an  Executor. 

State  of  , 

County  of  ,  S3. 

On  this day  of ,  in  the  year  191 — ,  before  me, ,  person- 
ally appeared ,  known  to  me  to  be  the  executor  of  the  last  will  and 

testament  of  ,  deceased,  late  of  ,  and  to  be  the  person  whose 

name  is  subscribed  to  the  within  instrument,  and  acknowledged  that  he 
executed  the  same  as  such  executor. 

In  witness  whereof  [etc]. 

[Seal]  [Official  signature.] 

No.  92.    California — Acknowledgment  by  a  Trustee. 

State  of  , 

County  of  ,  ss. 

On  this day  of ,  in  the  year  191 — ,  before  me, ,  person- 
ally appeared ,  known  to  me  to  be  the  trustee  of  the  trusts  created 

by  the  last  will  and  testament  of ,  deceased,  late  of ,  and  to  be 

the  person  whose  name  is  subscribed  to  the  within  instrument,  and 
acknowledged  that  he  executed  the  same  as  such  trustee. 

In  witness  whereof  [etc.]. 

[Seal]  [Official  signature.] 

No.  93.    California — Proof  of  Execution  by  Subscribing  Witness. 

State  of  , 

County  of  ,  ss. 

On  this day  of ,  191 — ,  before  me, ,  at ,  personally 

appeared  ,  personally  known  to  me  [or,  satisfactorily  proved  to  me 


39  Acknowledgments.  Forms  94, 96 

by  the  oath  of ,  a  competent  and  credible  witness  for  that  purpose, 

by  me  duly  sworn]  to  be  the  same  person  whose  name  is  subscribed  to 
the  above  instrument  as  a  witness  thereto,  and  who,  being  by  me  duly 
sworn,  deposes  and  says  that  he  was  present  at  the  time  of  the  execu- 
tion of  the  said  instrument ;  that ,  whose  name  is  subscribed  thereto 

as  a  party,  is  the  person  described  in  it;  that  the  said  executed 

such  instrument ;  and  that  deponent,  at  his  request,  thereupon  signed  his 
name  as  a  subscribing  witness  thereto. 

Subscribed  and  sworn  to  [etc.]. 

[Seal]  [Official  signature.] 

No.  94.    California — Proof  of  Execution  of  an  Instrument  When  the 
Place  of  the  Residence  of  the  Parties  is  Unknown. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

On  this,  the  day  of  ,  in  the  year  nineteen  hundred  and 

seventeen,  before  me,  ,  a  notary  public  in  and  for  the  city  and 

county   of   San   Francisco,   personally   appeared  ,   known   to   be   a 

credible  witness,  and  after  being  by  me  sworn  in  the  manner  and  form 
by  law  required,  I  exhibited  to  him  an  instrument  in  writing,  to  wit, 
the  grant  of  land,  to  which  this  certificate  is  attached,  upon  which  is 

written  the  signature  of ,  grantor,  and ,  as  subscribing  witness 

to  it.     After  being  sworn,  the  said  ,  testified  in  substance,  that  he 

personally  knew ,  the  grantor,  and  the  subscribing  witness,  ,  at 

the  date  of  said  instrument;  that  the  place  of  residence  of  the  parties 
and  all  the  subscribing  witnesses  to  said  instrument  is  unknown  to  the 
said  ;  that  he,  the  said  ,  is  the  grantee  named  in  said  instru- 
ment; that  said  instrument  was  never  acknowledged,  and  he  desires  to 
have  it  proved  so  that  it  may  be  recorded ;  and  he  has  exercised  due  dili- 
gence to  ascertain  the  residences  of  the  parties  and  the  subscribing  wit- 
nesses by  making  inquiry  at  their  last  known  places  of  residence,  by 
advertising  in  three  daily  papers  published  at  their  last  known  resi- 
dences for  one  week,  and  by  personal  inquiry  among  their  friends, 
family  and  acquaintances ;  and  he  cannot  ascertain  the  place  of  residence 
of  all  or  any  of  said  parties. 

[Signature.] 

No.  96.    California — Acknowledgment  by  Attorney  in  Fact. 

State  of  California, 
(bounty  of  Yuba, — ss. 

On  this  third  day  of  June,  in  the  year  1917,  before  me  [here  insert 
the  name  and  quality  of  the  officer],  personally  appeared  A.  B.,  known 
to  me  [or  proved  to  me  on  the  oath  of  C.  D.],  to  be  the  person  whose 
name  is  subscribed  to  the  within  instrument  as  the  attorney  in  fact  of 


Forms  97-99  Cowdery's  Form  Book.  40 

A.  B.,  and  acknowledged  to  me  that  he  subscribed  the  name  of  C.  D. 
thereto  as  principal,  and  his  own  name  as  attorney  in  fact. 

NOTE.— California,  Cir.  Code,  see.  1192. 

No.  97.    California  —  Acknowledgment  by  Prisoiver  Confined  in  State 
Penitentiary. 

State  of  California, 
County  of  Marin, — ss. 

On  this  3d  day  of  June,  A.  D.  1917,  before  me,  A.  B.,  a  notary  pub- 
lie  in  and  for  the  county  of  Marin,  state  of  California,  personally 
appeared  C.  D.,  a  prisoner  confined  in  the  State  Penitentiary  at  San 
Quentin,  Marin  county,  in  the  state  of  California,  to  me  known  to  be 
the  person  whose  name  is  subscribed  to  and  who  executed  the  annexed 
instrument,  and  I  certify  that  I  made  him  acquainted  with  the  contents 
of  said  instrument  and  then  examined  him  separate  and  apart  from  all 
persons,  and  he,  while  so  separate  and  apart,  acknowledged  to  me  that 
he  executed  the  same  freely,  voluntarily,  and  without  fear  or  compul- 
sion, or  undue  influence,  and  for  the  purpose  therein  mentioned;  and  I 
further  certify  that  I  called  upon  A.  L.  G.,  and  H.  M.  A.,  two  reputable 
and  disinterested  persons,  to  witness  the  execution  of  said  instrument. 

Witness:  A.  L.  G. 
H.  M.  A. 

NOTE. — Under  the  law  certain  prisoners  are  deemed  civilly  dead;  but 
under  the  codes  they  are  capable  of  making  and  acknowledging  a  sale 
or  conveyance  of  real  property:   California,  Pen.  Code,  sees.  673-675. 

An  act  entitled  "An  act  concerning  conveyances,"  approved  May  _  6, 
1862,  permits  such  acknowledgments  and  states  what  facts  the  certifi- 
cate shall  set  forth,  and  requires  it  to  be  witnessed  by  two  reputable 
and  disinterested  witnesses:  California,  Stats.  1862,  p.  496. 

No.  98.    Colorado — Acknowledgment — General  Form. 

State  of  Colorado, 

County  of  Washington, — ss. 

A.  B.  appeared  before  me  this  3d  day  of  June,  1917,  in  person,  and 
acknowledged  the  foregoing  instrument  to  be  his  act  and  deed  for  the 
uses  specified  therein.  [After  the  notary's  signature  must  come  the 
date  of  the  expiration  of  his  commission.] 

[Signature.] 

NOTE.— Colorado,  Mill's  Ann.   Stats.  1912,  sec.  833. 

No.  99.    Colorado — Acknowledgment  by  Mairied  Woman  Wien  Home- 
stead Involved. 
State  of  Colorado, 
County  of  Arapahoe, — ss. 

On  this  first  day  of  June,  A.  D.  1917,  before  me,  E.  B.,  a  notary  pub- 
lic in  and  for  the  county  of  Arapahoe,  state  of  Colorado,  personally 


41  Acknowledgments.  Forms  100, 101 

ai^peared  R.  S.,  wife  of  J.  S.,  known  to  me  to  be  the  person  whose  name 
is  subscribed  to  the  within  instrument,  described  as  a  married  woman; 
and  upon  examination  by  me  privately  and  apart  from  her  husband, 
signed  said  instrument,  after  having  the  same  by  me  fully  explained  to 
her,  and  after  fully  apprising  her  of  her  rights  and  the  effect  of  signing 
said  instrument,  she,  the  said  R.  S.,  acknowledged  said  instrument  to 
be  her  act  and  deed,  and  declared  that  she  had  willingly  signed  the  same 
for  the  purposes  and  consideration  therein  expressed,  and  that  she  did 
not  wish  to  retract  it. 

[Signature.] 
NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  sec.  3383. 

No.  100.    Colorado — Acknowledgment  of  Chattel  Mortgage. 

State  of  Colorado, 
County  of ,  ss. 

This  mortgage  was  acknowledged  before  me  this  day  of  , 

19 — ,  by ,  mortgagor. 

,  Signature. 

NOTE. — ^If  for  a  copartnership  say  [by      ■     ,  for  [naming  copartnership], 

mortgagor],  and  if  for  a  corporation  say  [by  ,  president  [or  other  liead 

oflficer]   for  [naming  corporation],  mortgagor]. 

No.  101.    Colorado — ^Proof  of  the  Execution  of  Instrument  by  Subscrib- 
ing Witness  Where  Witness  is  Known  to  Officer. 

State  of  Colorado, 
County  of  Delta, — ss. 

On  this  3d  day  of  June,  A.  D.  1917,  before  me,  A.  B.,  a  notary  pub- 
lic, in  and  for  the  county  of  Delta,  state  of  Colorado,  personally  ap- 
peared C,  D.,  personally  known  to  me  to  be  a  subscribing  witness  to  the 
instrument  to  which  this  certificate  is  attached,  to  wit:  [Describe  the 
instrument  by  dates  and  parties  and  state  briefly  to  what  it  relates.] 
That  said  subscribing  witness  was  lawfully  sworn  and  examined  by  me, 
and  his  testimony  Avas,  by  me,  then  and  there  reduced  to  writing,  and 
was  by  said  subscribing  witness  subscribed  in  my  presence,  and  it 
appears  from  said  testimony  that  said  subscribing  witness  saw  the  per- 
son whose  name  is  subscribed  to  said  instrument,  to  wit,  A.  L.,  sign, 
seal  and  deliver  the  same  to  M.  M.,  and  said  witness  subscribed  the  said 
instrument  in  attestation  thereof,  in  the  presence  and  with  the  consent 
of  the  person  so  executing  the  same,  to  wit,  the  said  A.  L. 

[Signature.] 

(My  commission  expires  on  the  3d  day  of  May,  1917.) 


NOTE.— Colorado,  Mill's  Ann.  Stats.   1912,  see.  833. 


Forms  102-104  Cowdery's  Form  Book.  42 

No.  102.     Colorado — Proof  of  Execution  of  Instrument  by  Subscribing 
Witness — (Acknowledgment  to  Witness). 

State  of  Colorado, 
County  of  Delta, — ss. 

On  this  ■ day  of ,  A.  D.  1917,  before  me  ,  a  notary  pub- 
lic in  and  for  the  county  of  Delta,  state  of  Colorado,  personally  ap- 
peared C.  D.,  personally  kpown  to  nie  to  be  a  subscribing  witness  to 
the  instrument  to  which  this  certificate  is  attached,  to  wit:  [Describe 
the  instrument  by  dates  and  parties  and  state  briefly  to  what  it  relates.] 
That  said  subscribing  witness  was  then  lawfully  sworn  and  examined 
by  me,  and  his  testimony  was  by  me  then  and  there  reduced  to  writing, 
and  was  by  said  subscribing  witness  subscribed  in  my  presence,  and  it 
appears  from  said  testimony  that  said  subscribing  witness  did  not  see 
the  said  A.  L.  sign,  seal  and  deliver  said  instrument  to  M.  M.,  but  the 
said  A.  L.  showed  said  instrument  to  said  subscribing  witness  and  said 
that  he  signed  and  sealed  it  and  that  it  was  his  free  and  voluntary  act 
and  deed,  and  that  said  witness  subscribed  said  instrument  in  attesta- 
tion thereof  in  the  presence  and  with  the  consent  of  the  person  execut- 
ing the  same,  to  wit,  the  said  L.  M. 

[Signature.] 

NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  sec.  835, 

No.  103.    Colorado — Proof  of  Execution  of  Instrument  by  Subscribing 

Witness — (Winess  Proved  to  be  a  Subscribing  Witness). 
[Venue.] 

On  this  3d  day  of  June,  A.  D.  1917,  before  me,  A.  B.,  a  notary  public 
in  and  for  the  county  of  Delta,  state  of  Colorado,  personally  appeared, 
C.  D.,  who  has  proved  to  me  by  the  testimony  of  E.  F.  to  be  a  subscrib- 
ing witness  to  the  instrument  to  which  this  certificate  is  attached.  [De- 
scribe the  instrument  by  dates  and  parties,  and  state  briefly  to  what  it 
relates,  and  conclude  as  in  preceding  form.] 

NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  sec.  835. 

No.  104.    Connecticut — Acknowledgment — General  Form. 

State  of  Connecticut, 
County  of ,  ss. 

On  this day  of ,  19 — ,  personally  appeared  signer  and  sealer 

[or,  ,  and  ,  his  wife,  signers  and  sealers]  of  the  foregoing  in- 
strument, and  before  me  acknowledged  the  same  to  be  his  [or,  their] 
free  act  and  deed. 

[Official  seal]  [Official  signature.] 


43  AcTKNowLEDGMENTS.  Forms  105-108 

No.  105.    Connecticut — Acknowledgment  by  Corporation. 

State  of  Connecticut, 

County  of  ,  ss. 

On  this  day  of  ,  19 — ,  personally  appeared  president 

of  the  corporation,  signer  and  sealer  of  the  foregoing  instrument, 

and  before  me  acknowledged  the  same  to  be  his  free  act  and  deed,  and 

the  free  act  and  deed  of  the  said  » 

[Official  signature.] 

No.  106.    Delaware — Acknowledgment  by  Single  Person. 

State  of  Delaware, 
County  of ,  ss. 

Be  it  remembered  that,  on  this  day  of ,  in  the  year  of  our 

Lord  one  thousand  nine  hundred  and  ,  personally  came  before  the 

subscriber  (name  and  title  of  officer),  party  to  this  indenture,  known  to 
me  personally  (or,  proved  on  the  oath  of )  to  be  such,  and  acknowl- 
edged said  indenture  to  be  his  act  and  deed. 

Given  under  my  hand  and  official  seal  the  day  and  year  aforesaid. 

[Official  seal]  [Official  signature.] 

No.  107.    Delaware — Acknowledgment  by  Husband  and  Wife. 

State  of  Delaware, 
County  of ,  ss. 

Be  it  remembered  that,  on  this  day  of ,  in  the  j^ear  of  our 

Lord  one  thousand  nine  hundred  and  ,  personallj^  came  before  the 

subscriber  [name  and  title  of  officer]  ,  and  ,  his  wife,  parties 

to  this  indenture,  known  to  me  personally  [or,  proved  on  the  oath  of 

]  to  be  such,  and  severally  acknowledged  said  indenture  to  be  their 

act  and  deed  respectively,  and  that  the  said ,  being  at  the  same  time 

privately  examined  by  me  apart  from  her  husband,  acknovvled2;ed  that 
she  executed  the  said  indenture  willingly,  without  compulsion,  or  threats, 
or  fear  of  her  husband's  displeasure. 

Given  under  my  hand  and  official  seal  the  day  and  year  aforesaid. 

[Official  seal]  [Official  signature.] 

No.  108.    Delaware — Acknowledgment  by  Corporation. 

State  of  Delaware, 

County  of ,  ss. 

Be  it  remembered  that,  on  this  day  of ,  in  the  year  of  our 

Lord  one  thousand  nine  hundred  and  ,  personally  came  before  the 

subscriber  [name  and  title  of  officer]   A.  B.,  president  of  the  ,  a 

corporation  of  the  state  of  Delaware,  party  to  the  foregoing  indenture, 
known  to  me  personally  [or,  proved  on  the  oath  of  ]  to  be  such, 


Forms  109-111  Cowdery's  Form  Book.  44 

and  acknov.ledged  the  said  indenture  to  be  his  act  and  deed,  and  the  act 
and  deed  of  the  said  company;  that  the  signature  of  the  said  president 
is  his  own  proper  handwriting;  that  the  seal  affixed  is  the  common  or 
corporate  seal  of  the  said  company;  and  that  his  act  of  sealing,  execut- 
ing, and  delivering  said  indenture  was  duly  authorized  by  resolution  of 
the  directors  [or,  trustees;  or  other  managers]  of  said  company. 

Given  under  my  hand  and  official  seal  the  day  and  year  aforesaid. 

[Official  seal]  [Official  signature.] 

No.  109.    District  of  Columbia  —  Acknowledgment  —  General  Form  of 
Certificate. 
I  [name  and  official  title],  in  and  for  the  District  of  Columbia,  do 

hereby  certify  that ,  a  party  to  a  certain  deed  bearing  date  on  the 

day  of  ,  and  hereunto  annexed,  personally  appeared  before 

me  in  said  District,  the  said  ,  being  personally  well  known  to  me 

as  [or  proved  by  the  oaths  of  credible  witnesses  before  me  to  be]  the 
person  who  executed  the  said  deed,  and  acknowledged  the  same  to  be  his 
act  and  deed. 

Given  under  my  hand  and  seal  this day  of . 

[Official  signature.] 

NOTE.— Code  1901,  sec.  493. 

No.  110.    District  of   Columbia  —  Acknowledgment  by  Husband   and 
Wife. 

District  of  Columbia, 
County  of  ,  ss. 

I   [name  and  full  title  of  officer],  in  and  for  the   county  of  , 

aforesaid,  in  the  State  of ,  do  hereby  certify  that  A.  B.  and  C.  B., 

his  wife,  parties  to  a  certain  deed  bearing  date  on  the day  of , 

A.  D.  19 — ,  and  hereto  annexed,  personally  appeared  before  me,  in  the 
county  aforesaid,  the  said  A.  B.  and  C.  B.  being  personally  well  known 
to  me  as  [or,  proved  by  the  oaths  of  credible  witnesses  before  me  to 
be]  the  persons  Avho  executed  the  said  deed,  and  acknowledged  the  same 
to  be  their  act  and  deed. 

Given  under  my  hand  and  seal,  this day  of ,  A.  D.  19 — . 

[Official  signature  and  seal.] 

No.  111.    Florida — Acknowledgment — General  Form. 

State  of  Florida, 

County  of  ,  ss. 

On  this  day  personally  appeared  before  me  [name  and  title  of  officer] 

[and  his  wife,  if  so],  to  me  well  known  [or,  proven  by  the 

oath  of ]  as  the  person  [or,  persons]  described  in,  and  who  executed 


45  Acknowledgments.  Forms  112,  113 

the  foregoing  instrument,  and  acknowledged  tliat  he  [or,  they]  exccutcJ 
the  same. 
In  witness  whereof,  I  have  hereunto  affixed  my  hand  and  official  sea!, 

at ,  this day  of ,  19 — . 

[Official  signature  and  seal.] 

No.  112.    Florida — Acknowledgment  by  Husband  and  Wife  to  Deed  Re- 
lincLuishiiig  Dower,  Taken  Out  of  State. 

State  of  Florida, 
County  of  ,  ss. 

On  this  day  personally  appeared  before  me  [name  and  title  of  officer] 

and  ,  his  wife,  to  me  well  known  [or,  proven  by  the  oath  of 

]  as  the  persons  described  in,  and  who  executed  the  foregoing  in- 
strument, and  acknowledged  that  they  executed  the  same.     And  the  said 

,  wife  of  the  said  ,  on  a  private  examination  by  me  separate 

and  apart  from  her  husband,  did  acknowledge  that  she  executed  the 
same  freely  and  voluntarily,  and  without  any  compulsion,  constraint, 
apprehension  or  fear  of  or  from  her  said  husband,  for  the  purpose  of 
relinquishing,  alienating  and  conveying  all  and  every  right  or  dower  in 
the  lands  in  said  conveyance  described. 

In  witness  whereof,  I  have  hereunto  affixed  my  hand  and  official  seal, 

at ,  this day  of ,  19 — , 

[Official  signature  and  seal.] 

No.  113.    Florida — Acknowledgment  to  Wife's  Separate  Deed,  Relin- 
quishing Dower,  Taken  Out  of  Florida^ 

State  of  Florida, 
County  of ,  ss. 

I  [name  and  title  of  officer],  do  hereby  certify  unto  all  it  may  con- 
cern, that  ,  to  me  well  known  as  the  wife  of  ,  and  as  one  of 

the  persons  described  in  and  who  executed  the  foregoing  deed  of  con- 
veyance [as  the  case  may  be],  did  this  day  to  me,  on  a  private  exam- 
ination made  separately  and  apart  from  her  said  husband,  acknowledge 
and  declare  that  she  made  herself  a  party  to  and  executed  the  same 
for  the  purpose  of  relinquishing,  alienating  and  conveying  all  and  every 
dower  and  right  of  dower  in  and  to  the  lands  in  said  conveyance  de- 
scribed, and  that  the  same  was  done  by  her  freely  and  voluntarily,  and 
without  constraint,  apprehension,  compulsion,  or  fear  of  or  from  her 
said  husband,  the  said . 

In  witness  whereof,  I  have  hereunto  affixed  my  hand  and  official  seal, 

at ,  this day  of ,  19 — . 

[Official  signature  and  seal.] 


Forms  114^117  Cowdery's  Form  Book.  46 

N"o.  114.    rioridar— Acknowledgment— Proof  by  Subscribing  Witness. 

State  of  Florida, 

County  of ,  ss. 

Be  it  remembered  that,  on  this  day  of  ,  in  the  year 


before  me  [name  and  title  of  officer],  personally  appeared  ,  whose 

name  is  affixed  as  a  subscribing  witness  to  the  foregoing  deed  between 

and  ,   and  who,   being  duly  sworn,   deposes   and   says   that 

the  said  duly  signed,  sealed,  and  delivered  the  foregoing  deed  to 

the  said ,  as  his  act  and  deed,  in  the  presence  of  him,  the  said , 

and  also  in  the  presence  of ,  the  other  subscribing  witness  to  said 

deed,  who  then,  at  the  request  of  the  said ,  duly  signed  and  attested 

the  same  in  the  presence  of  the  deponent,  and  of  the  said  ,  the 

grantor. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  afiBxed  my  seal, 
the  day  and  year  first  above  written. 

[Official  seal]  [Official  signature.] 

No.  115.    Georgia — Acknowledgment. 

SigTied,  sealed  and  delivered  in  the  presence  of  [followed  by 

the  name  and  official  title  of  the  witness]. 

No.  116.    Georgia. — Acknowledgment  of  Married  Woman. 

I,  ,  the  wife  of  ,  do  declare  that  I  have  freely  and  without 

any  compulsion  signed,  sealed   and  delivered  the   above  instrument  of 

writing,  passed  between  and  ,  and  I  do  hereby  renounce  all 

title  or  claim  of  dower  that  I  might  claim  or  be  entitled  to  after  the 

death  of  ,  my  said  husband,  to  or  out  of  the  lands  or  tenements 

therein  conveyed. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal. 

No.  117.     Georgia — Proof  by  Subscribing  Witness. 

Before  me    [name   and    official    title]    personally   came  ,  to  mc 

known  to  be  the  individual  whose  signature  is  affixed  to  the  foregoing 
deed  as  one  of  the  witnesses  thereto,  who  being  sworn  says  that  he 
was  present  at  the  time  when  said  deed  was  executed;  that  he  saw  the 

same  signed,  sealed  and  delivered  by  ,  whose  signature  is  thereto 

affixed  as  grantor;  that ,  the  other  subscribing  witness  thereto,  was 

likewise  present  at  said  time,  and  witnessed  said  execution  of  said  deed ; 

and  that  he,  the  said ,  and  the  said then  and  there  signed  the 

same  as  attesting  witnesses. 

[Signature  of  witness.] 

Sworn  to  and  subscribed  before  me  this day  of ,  19 — , 


47  Acknowledgments.  Forms  118-1:^1 

No.  118.    Hawaii— Acknowledgment — General  Form. 

Territory  of , 


County  of ,  ss. 

On  this  day  of ,  19—,  before  me  personally  appeared  , 

to  me  known  to  be  the  person  described  in  and  who  executed  the  fore- 
going instrument,  and  acknowledged  that  he  executed  the  same  as  Ins 
free  act  and  deed. 

In  witness  whereof   [etc.]. 

[Seal]  [Official  signature.] 

NOTE. — Hawaii,  Kevised  Laws  1915,  sec.  3095. 

No.  119.    Hawaii— Acknowledgment    by  Corporation    or    Joint    Stock 
Association  Having  No  Corporate  SeaL 

Territory  of  , 

County  of ,  ss. 

On  this day  of ,  19—,  before  me  appeared ,  to  me  per- 
sonally known,  who,  being  by  me  duly  sworn,  did  say  that  he  is  the 

president  of  ;  that  said  instrument  was  signed  in  behalf  of  said 

corporation  by  authority  of  its  board  of  directors,  and  that  said  cor- 
poration has  no  corporate  seal ;  and  said acknowledged  said  instru- 
ment to  be  the  free  act  and  deed  of  said  corporation. 

In  testimony  whereof  [etc.]. 

[Seal]  [Official  signature.] 

NOTE. — Hawaii,  Revised  Laws  1915,  sec.  3095. 

No.  120.    Hawaii— Acknowledgment   by    Corporation   or   Joint    Stock 
Association, 

Territory  of  , 

County  of ,  ss. 

On  this  day  of  ,  191—,  before  me  appeared  ,  to  me 

personally  known,  who,  being  by  me  duly  sworn,  did  say  that  he  is  the 

president  of  ,  and  that  the  seal  affixed  to  said  instrument  is  the 

corporate  seal  of  said  corporation,  and  that  said  instrument  was  signed 
and  sealed  in  behalf  of  said  corporation  by  authority  of  its  board  of 

directors,  and  said  acknowledged  said  instrument  to  be  the  free 

act  and  deed  of  said  corporation. 

In  testimony  whereof  [etc.]. 

rSeal]  [Official  signature.] 

NOTE. — Hawaii,  Revised  Laws  1915,  see.  3095. 

No.  121.    Hawaii— Acknowledgment  by  Attorney  in  Fact. 

Territory  of  , 

County  of ,  ss. 

On  this day  of ,  191—,  before  m.e  personally  appeared  -, 

to  me  known  to  be  the  person  who  executed  the  foregoing  instrument 


Forms  122-125  Cowdeby's  Form  Book.  48 

in  behalf  of ,  and  acknowledged  that  he  executed  the  same  as  the 

free  act  and  deed  of  said  , 

In  witness  whereof  [etc.]. 

[Seal]  [Official  signature.] 

NOTE.— Hawaii,  Eevised  Laws  1915,  sec.  3095. 

No.  122.    Idaho— Acknowledgment— Ordinary  Form. 

State  of  Idaho, 

County  of ,  as. 

On  this day  of ,  in  the  year  of ,  before  me  [here  insert 

the  name  and  quality  of  the  officer]  personally  appeared  ,  known 

to  me  [or,  proved  to  me  on  the  oath  of ]  to  be  the  person  whose 

name  is  subscribed  to  the  within  instrument,  and  acknowledged  to  me 
that  he  [or  they]  executed  the  same. 

NOTE.— Idaho,  Eev.  Codes   1915,  sec.  3131. 

No.  123.    Idaho— Acknowledgment  by  Attorney  in  Fact. 

State  of  Idaho, 

County  of ,  ss. 

On  this  day  of  ,  in  the  year ,  before  me  [here  insert 

the  name  and  quality  of  the  officer]   personally  appeared  ,  known 

to  me  [or,  proved  to  me  on  the  oath  of ]  to  be  the  person  whose 

name  is  subscribed  to  the  within  instrument  as  the  attorney  in  fact 

of  ,  and  acknowledged  to  me  that  he  subscribed  the  name  of 

thereto  as  principal,  and  his  own  name  as  attorney  in  fact. 

NOTE'.— Idaho,  Eev.  Codes  1915,  sec.  3133. 

No.  124.    IdaJio — Acknowledgment  by  Married  Woman. 

State  of  Idaho, 
County  of  Custer, — ss. 

On  this  first  day  of  June,  in  the  year  of  1917,  before  me,  E.  B.,  a 
notary  public  in  and  for  the  county  of  Custer,  state  of  Idaho,  personally 
appeared  R.  S.,  wife  of  J.  S.,  known  to  me  [or  proved  to  me  on  the 
oath  of  E.  F.],  to  be  the  person  whose  name  is  subscribed  to  the  within 
instrument,  and  acknowledged  to  me  that  she  executed  the  same. 

NOTE.— Idaho,  Eev.  Codes  1915,  sees.  3129,  3131. 

No.  125.    Idaho— Acknowledgment  by  Corporation. 

State  of  Idaho, 
County  of  Ada, — ss. 

On  this  third  day  of  June,  in  the  year  1905,  before  me  [here  insert 
the  name  and  quality  of  the  officer],  personally  appeared  A.  B..  known 


49  Acknowledgments.  Forms  126-128 

to  me  [or  proved  to  me  on  the  oath  of  C.  D.]  to  be  the  president  [or 
the  secretary]  of  the  corporation  that  executed  the  within  instrument, 
and  acknowledged  to  me  that  such  corporation  executed  the  same. 

NOTE.— Idaho,  Rev.   Codes  1915,  sec.  3133. 

No.  126.    Illinois — Acknowledgment  by  Single  Person. 

State  of  Illinois, 
County  of ,  ss. 

I  [name  and  title  of  officer],  do  hereby  certify  that  ,  personally 

known  to  me  to  be  the  same  person  whose  name  is  subscribed  to  the 
foregoing  instrument,  appeared  before  me  this  day  in  person,  and 
acknowledged  that  he  signed,  sealed  and  delivered  the  said  instrument 
as  his  free  and  voluntary  act,  for  the  uses  and  purposes  therein  set 
forth  [including  the  release  and  waiver  of  the  right  of  homestead, 
if  so]. 

Given  under  my  hand  and  official  seal,  this  day  of  ,  A.  D. 

19—. 

[Seal]  [Official  signature.] 

No.  127.    Illinois — Acknowledgment  by  Husband  and  Wife. 

State  of  Illinois, 
County  of . 

I  [name  and  title  of  officer],  do  hereby  certify  that  A.  B.  and  C.  B., 
his  wife,  personally  known  to  me  to  be  the  same  persons  whose  names 
are  subscribed  to  the  foregoing  instrument,  appeared  before  me  this 
day  in  person,  and  acknowledged  that  they  signed,  sealed  and  delivered 
the  said  instrument  as  their  free  and  voluntary  act,  for  the  uses  and 
purposes  therein  set  forth  [including  the  release  and  waiver  of  the 
right  of  homestead,  if  so]. 

Given  under  my  hand  and  official  seal,  this  day  of  ,  A.  D 

19—. 

[Seal]  [Official  signature.] 

No.  128.    Illinois — Acknowledgment  by  Corporation. 

State  of  Illinois, 

County  of ,  ss. 

I  [name  and  title  of  officer],  do  hereby  certify  that  ,  president 

[or  other  officer]  of  the  above-named  [name  of  corporation],  person- 
ally known  to  me  to  be  the  same  person  whose  name  is  subscribed  to 
the  foregoing  instrument  as  such  president  [or  other  officer],  and  to 
be  such  president  [or  other  officer]  appeared  before  me  this  day  in 
person  and  acknowledged  that  he  signed,  sealed  and  delivered  said 
instrument  as  the  free  and  voluntary  act  of  said  [corporation],  and  as 

Form  Book — 4 


Forms  129,130  Cowdery's  Form  Book.  50 

his  own  free  and  voluntary  act  as  such  president  [or  other  officer],  for 

the  uses  and  purposes  therein  set  forth. 

Given  under  my  hand  and  ofi&cial  seal,  this  day  of  ,  A.  D. 

19—. 

rgeal]  [Signature  and  title.] 

ITo.  129,    Iliinois— Proof  by  Subscribing  Witness. 

State  of  Illinois, 
County  of ,  ss. 

Be  it  remembered,  that  on  this  day  of ,  A.  D.  19—,  before 

me   [name  and  full  title  of  ofBcer],  duly  appointed  and  commissioned, 

personally  appeared ,  to  me  personally  known  [or,  who  was  proven 

to  me  by  ,  a  credible  witness  under  oath]  to  be  a  subscribing  wit- 
ness to  the  foregoing  deed,  who,  after  being  duly  sworn,  according  to 

law,  deposeth  and  saith  that  ,  whose  name  appears  subscribed  to 

said  deed,  is  the  real  person  who  executed  the  same,  and  that  he,  the 

said  ,  subscribed  his  name  as  a  witness  thereto,  in  the  presence 

and  at  the  request  of  the  said ,  which  is  sufficient  evidence  to  me  of 

the  execution  of  said  deed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  at  , 

this day  of ,  A.  D.  19—. 

[Seal]  [Official  signature.] 

No.  130.    Illinois— Proof  When  the  Grantor  and  Subscribing  Witness 
are  Dead,  or  Cannot  be  Produced. 

State  of  Illinois, 
County  of ,  ss. 

Be  it  remembered,  that  on  this  day  of ,  A.  D.  19—,  before 

me  [name  and  full  title  of  officer],  duly  appointed  and  commissioned, 

personally  appeared ,  a  competent  and  credible  witness,  who  stated 

on  oath  that  he  personally  knew  the  handwriting  of  ,  the  grantor 

in,   and  of  ,  the   subscribing  witness   to  the   foregoing  deed,   and 

that  he  well  knew  the  signature  of  each  of  them,  having  frequently 
seen  them  write  [or  such  other  means  of  knowledge  as  the  witness  may 
have],  and  that  he  believes  the  name  of  such  grantor  and  subscribing 

Avitness  to  the  deed  aforesaid  were  thereto  subscribed  by  the  said , 

the  grantor,  and  ,  the  subscribing  witness,  respectively,  which  to 

me  affords  sufficient  evidence  of  the  due  execution  of  said  deed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  at  , 

this day  of ,  A.  D.  19—. 

[Seal]  [Official  signature,] 


51  Acknowledgments.  Forms  131-134 

Wo.  131.    Indianar— Acknowledgment— General  Form. 

State  of  Indiana, 

County  of ,  ss. 

Be  it  remembered  that  on  this  day  of ,  A.  D.  19—,  before 

me    [name   and  title   of    officer]    in   and    for    said    county,  personally 

appeared  [and  ,  his  wife,  if  so],  the  grantor   [or,  grantors] 

in  the  foregoing  deed,  and  [severally]  acknowledged  the  execution  of  the 


same. 


In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  the  day  and  year  aforesaid. 

[Seal]  [Official  signature.] 

No.  132.    lowar— Acknowledgment— General  Form. 

State  of  Iowa, 
County  of ,  ss. 

On  this  day  of ,  A.  D.  19—,  before  me  [name  and  title  of 

officer],  personally  came  [and  ,  his  wife],  to  me  personally 

known  [or,  proven  by  ,  a  credible  witness  by  me  duly  sworn]  to 

be  the  identical  person  [s]  whose  name  is  [or,  whose  names  arc]  affixed 
to  the  foregoing  deed  as  grantor [s],  and  acknowledged  the  execution  of 
the  same  to  be  his  [or,  their]  voluntary  act  and  deed. 

Witness  my  hand  and   [state  what]    seal,  the  day  and  year  above 
written. 

[Seal]  [Official  signature.] 

No.  133.    lowa^-Acknowledgment  by  Attorney  in  Fact,  or  Corporation. 

State  of  Iowa, 
County  of ,  ss. 

On  this  day  of  ,  A.  D.  19 — ,  before  me  [name  and  title  of 

officer],  personally  came   [name   of  attorney  in  fact,  or  president  of 

the   company,   as   may   be]    to   me   personally   known   to   be   the 

person  whose  name  is  subscribed  to  the  above  instrument  as  attorney 
in  fact  for  [name  of  principal  or  president]  of  [name  of  corporation], 
grantor  tlierein  named,  and  acknowledged  the  execution  of  said  instru- 
ment to  be  the  voluntary  act  and  deed  of  said  [name  of  principal  or 
corporation]  by  him  as  such  attorney  in  fact  [or  president],  thereunto 
appointed,  voluntarily  done  and  executed. 

Witness  my  hand  and  official  seal  the  day  and  year  last  above  written. 

[Seal]  [Signature  and  title.] 

No.  134.    Kansas— Acknowledgment  by  Husband  ajid  Wife. 

State  of  Kansas, 

County  of ,  ss. 

Be  it  remembered,  that  on  this  day  of ,  A.  D.  19—,  before 

me,  the  undersigned,   a    [title  of  officer],   duly  commissioned,  in  and 


Forms  135-137  Cowdery's  Form  Book.  52 

for  the  county  and  state  aforesaid,  came  A.  B.  and  C.  B.,  his  wife,  who 
are  personally  known  to  me  to  be  the  same  persons  who  executed  the 
within  instrument  of  writing  as  grantors,  and  such  persons  duly  ac- 
knowledged the  execution  of  the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my 

seal  the  day  and  year  last  above  written. 

[Signature  and  title.] 

Term  expires ,  19 — , 

No.  135.    Kentucky — Form  of  Acknowledgment  Out  of  the  State. 

State  of  Kentucky, 

County  of ,  ss. 

I,  ,  a  [give  title]  in  and  for  said  ,  do  hereby  certify  that 

this  instrument  of  writing  from  to  was  this  day  produced 

to  me  by  the  parties,  and  was  by  the  said acknowledged  to  be  his 

voluntary  act  and  deed. 

Given  under  my  hand  [and  seal  of  oflSce,  if  so],  on  this day  of 

,  A.  D.  19—. 

[Seal,  if  used.]  ,  Notary  Public. 

No.  136.    Kentucky — ^Acknowledgment  by  Husband  and  Wife. 

State  of  Kentucky, 
County  of ,  ss. 

I,  ,  a  [give  title]   in  and  for  said  ,  do  hereby  certify  that 

this  instrument  of  writing  from ,  and  wife, ,  was  this  day  pro- 
duced to  me  in  my  county  by  the  parties,  and  was  acknowledged  by  the 
said and  to  be  their  act  and  deed,  respectively. 

Given  under  my  hand  [and  seal  of  office,  if  so],  on  this day  of 

,  A.  D.  19—. 

[Seal,  if  used.]  ,  Notary  Public. 

No.  137.    Kentucky — Certificate  of  Acknowledgment  by  Corporation. 

State  of , 

County  of ,  ss. 

I,  A.  B.  [here  give  his  title],  do  certify  that  on  the day  of , 

,  19 — ,  the  foregoing  instrument  of  writing  was  produced  to   me 

in  my  county  by  the  parties  thereunto,  and  acknowledged  and  delivered 
before  me  by  John  Smith,  as  president,  and  by  William  Jones,  as  secre- 
tary, of  Company,  a  corporation  party  thereunto,  to  be  the  aefc 

and  deed  of  said  corporation  by  them  as  president  and  secretary  re 
spectively,  and  the  seal  of  said  corporation  as  affixed  to  said  deed  was 


53  Acknowledgments.  Forms  138-140 

attested  and  proven  before  me  by  said  William  Jones  as  secretary  of 
said  corporation. 

Given  under  my  hand  and  seal  of  office. 

[Seal]  [Signature  and  titlflt] 

No.  138.    Kentucky — Proof  by  Subscribing  Witnesses. 

State  of  Kentucky, 
County  of ,  ss. 

I  [give  name  and  title  of  officer],  do  certify  that  this  day  came  before 
me  in  my  county,  and  ,  the  subscribing  witnesses  to  the  fore- 
going deed  [or,  other  instrument]  by to ,  which  witnesses  are 

personally  known  to  me  to  be  the  same  whose  names  are  so  written  as 
witnesses,  and  being  solemnly  sworn  by  me  in  due  manner,  did  severally 
declare  on  their  oaths  that  the  said  did  acknowledge  this  instru- 
ment to  be  his  act  and  deed,  that  the  signature  thereto  was  made  by 
him,  that  they  know  him  to  be  the  same  person  who  is  named  as  the 
grantor  therein,  and  that  they  did  subscribe  said  deed  as  witnesses  by 
his  request. 

Given  under  my  hand  and  [seal  of  office,  if  so],  on  this  day  of 

,  A.  D.  19—. 

[Seal,  if  used.]  ,  Notary  Public. 

No.  139.    Louisiana — ^Usual  Form  of  Acknowledgmeiat. 

United  States  of  America, 

State  of , 

County  of . 

Before  me,  the  undersigned  authority,  personally  came  and  appeared 
to   me   personally   known,   who   signed  the   foregoing   document 


before  me  and  in  the  presence  of  the  two  subscribing  legal  witnesses, 
and  acknowledged  in  the  presence  of  said  witnesses  that  he  had  signed 
the  above  and  foregoing  as  his  voluntary  act  and  deed,  and  for  the 
uses  and  purposes  therein  set  forth. 

In  faith  whereof,  I  have  hereunto  set  my  hand  and  seal  of  office  this 

day  of ,  at . 

[Signature.] 

[Designate  character  of  officer  taking  acknowledgment.] 

[Signatures  of  same  two  witnesses.] 

No.   140.    Maine — Acknowledgment — General    Torm    for    Use   Out  of 
State. 

State  of  Maine, 

County  of ,  ss. 

This  day  of  ,  A.  D.  19 — ,  personally  appeared  before  me 

[name  and  title  of  officer],  the  above-named  [and  ,  his  wife, 


Forms  141-145  Cowdeby's  Form  Book.  54 

if  so],  and  acknowledged  the  foregoing  instrument  to  be  his  [or,  her, 
or  their]  free  act  and  deed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  [and  affixed  my 
official  seal],  on  the  day  and  year  last  above  written. 

[Official  seal,  if  officer  have  one.]  [Official  signature.] 

No.  141.    Maine — Acknowledgment  by  Attorney  in  Fact. 

>State  of  Maine, 
County  of ,  ss. 

This  day  of  ,  A.  D.  19—,  personally  appeared  before  me 

[name  and  title  of  officer],  named  in  the  foregoing  instrument  as  the 
attorney  in  fact  of  ,  the  grantor  in  said  instrument,  and  acknowl- 
edged the  same  to  be  his  free  act  and  deed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  [and  affixed  my 
official  seal],  on  the  day  and  year  last  above  written. 

[Official  seal,  if  officer  have  one.]  [Official  signature.] 

Ho.  142.    Maryland — Acknowledgment  Within  the  State. 
State  of  Maryland, 

County. 

I  hereby  certify  that  on  this  day  of  ,  in  the  year  , 

before  the  subscriber  (style  of  officer)   personally  appeared  ,  and 

ficknoAvledged  the  foregoing  deed  to  be  his  act. 

NOTE.— Maryland,  Pub.  G.  L.  1904,  art.  21,  sees.  65-67 

No.  143.    Maryland — Acknowledgment  Within  the  State  of    Husband 
and  Wife. 

I  hereby  certify  that  on  this  day  of  ,  in  the  year  , 

before  the  subscriber  [official  style  of  the  officer]  personally  appeared 

,  and  ,  his  wife,  and  did  each  acknowledge  the  foregoing  deed 

to  be  their  respective  act. 

No.  144.    Maryland — Acknowledgment  Taken  Out  of  the  State. 

I  hereby  certify  that  on  this  day  of  ,  in  the  year , 

before  the  subscriber  [official  style  of  the  officer]  personally  appeared 
,  and  acknowledged  the  foregoing  deed  to  be  his  act. 

In  testimony  whereof  I  have  caused  the  seal  of  the  court  to  be  affixed 
[or  have  affixed  my  official  seal]  this day  of ,  A.  D. . 

No.  145.    Maryland — Acknowledgment  by  a  Corporation. 
State  of  Maryland, 

County  of ,  ss. 

This  day  of  ,  in  the  year  nineteen  hundred  ,  before 

the  subscriber   [name  and  title  of  officer]   personally  appeared  , 


55  Acknowledgments.  Forms  146-148 

the  attorney  of  the  coriioration,  named  in  the  foregoing  instru- 
ment, and  acknowledged  the  same  to  be  the  act  and  deed  of  said  

corporation. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and 
affixed  my  official  seal,  the  day  and  year  last  above  written. 

[OflScial  seal]  [Official  signature.] 

No.  146.    Massachusetts — Acknowledgment — General  Farm. 

Commonwealth  of  Massachusetts, 
County  of ,  ss. 

On  this day  of ,  19 — ,  before  me,  the  subscriber  [here  insert 

title  of  officer],  personally  appeared  [and  ,  his  wife,  if  so], 

to  me  known  to  be  the  person  [or  persons]  described  in  and  who  exe- 
cuted the  foregoing  instrument,  and  acknowledged  that  he  [she  or 
they]  executed  the  same  as  his  [her  or  their]  free  act  and  deed. 

Given  under  my  hand  [and  official  seal,  if  so],  this day  of , 

19—. 

[Official  seal,  if  any.]  [Official  signature.] 

No.  147.    Massachusetts — Acknowledgment  by  Attorney  in  Fact. 

Commonwealth  of  Massachusetts, 
County  of ,  ss. 

On  this  day  of ,  19 — ,  before  me  personally  appeared  , 

to  me  known  to  be  the  person  who  executed  the  foregoing  instrument 

in  behalf  of  ,  and  acknowledged  that  he  executed  the  same  as  the 

free  act  and  deed  of . 

Given  under  my  hand  [and  official  seal]  this day  of 19 — . 

[Official  seal]  [Official  signature.] 

No.  148.    Massachusetts  —  Acknowledgment    by  Corporation  or  Joint 
Stock  Company. 

Commonwealth  of  Massachusetts, 
County  of ,  ss. 

On  this  day  of ,  19 — ,  before  me  appeared  ,  to  me  per- 
sonally known,  who  being  by  me  duly  sworn,  did  say  that  he  is  the 
president  [or  other  officer  or  agent  of  the  corporation  or  association], 
of  [describing  the  corporation  or  association],  and  that  the  seal  affixed 
to  said  instrument  is  the  corporate  seal  of  said  corporation,  and  that 
said  instrument  was  signed  and  sealed  in  behalf  of  said  corporation,  by 

the   authority  of  its  board  of  directors,   and  said  acknowledged 

said  instrument  to  be  the  free  act  and  deed  of  said  corporation. 

Given  under  my  hand  [and  official  seal,  if  so],  this day  of , 

19—. 

[Official  seal]  [Official  signature.] 


Forms  149-152  Cowdery's  Form  Book.  56 

No.  149.    Michigan — Acknowledgment — General  Form. 

State  of  Michigan, 
County  of ,  ss. 

On  this  day  of ,  A.  D.  19 — ,  before  me  [name  and  title  of 

officer],  personally  came  [and  ,  his  wife],  known  to  me  to 

be  the  person [s]  who  executed  the  foregoing  instrument,  and  acknowl- 
edged that  he  [or  they]  executed  the  same  as  his  [or  her  or  their]  free  act 
and  deed. 

[Seal,  if  officer  has  one.]  [Official  signature.] 

No.  150.    Michigan — Acknowledgment  by  Corporation. 

State  of  Michigan, 

County  of ,  ss. 

On  this day  of ,  19 — ,  before  me  appeared ,  to  me  per- 
sonally known,  who,  being  by  me  duly  sworn  [or  afiirmed],  did  say 
that  he  is  the  president  [or  other  officer  or  agent  of  the  corporation  or 
association]  of  [describing  the  corporation  or  association],  and  that 
the  seal  affixed  to  said  instrument  is  the  corporate  seal  of  said  cor- 
poration [or  association],  and  that  said  instrument  was  signed  and 
sealed  in  behalf  of  said  corporation   [or  association]   by  authority  of 

its  board  of  directors   [or  trustees],  and  said  acknowledged  said 

instrument  to  be  the  free  act  and  deed  of  said  corporation  [or  asso- 
ciation]. 

No.  151.    Minnesota — Acknowledgment  by  Single  Person  or  by  Hus- 
band and  Wife. 

State  of  Minnesota, 

County  of  ,  ss. 

On  this day  of ,  19 — ,  before  me  personally  appeared  

[and  ,  his  wife,  if  so],  to  me  known  to  be  the  person  [or  persons] 

described  in  and  who  executed  the  foregoing  instrument,  and  acknowl- 
edged that  he  [she  or  they]  executed  the  same  as  his  [her  or  their]  free 
act  and  deed. 

[Signature  and  title.] 

No.  152.    Minnesota — Acknowledgment  by  Attorney  in  Fact. 

State  of  Minnesota, 

County  of ,  ss. 

On  this day  of ,  19 — ,  before  me  personally  appeared  , 

to  me  known  to  be  the  person  who  executed  the  foregoing  instrument 

in  behalf  of  ,  and  acknowledged  that  he  executed  the  same  as  the 

free  act  and  deed  of  said , 

[Signature  and  title.] 


57  Acknowledgments.  Forms  153-155 

No.  153.    Minnesota — Acknowledgment  by  Corporation  or  Joint  Stock 
Companies. 

State  of  Minnesota, 

County  of ,  ss. 

On  this  day  of  ,  19 — ,  before  me  appeared  ,  to  me 

personally  known,  who,  being  by  me  duly  sworn  [or  affirmed],  did  say 
that  he  is  the  president  [or  other  officer  or  agent  of  the  corporation 
or  association]  of  [describing  the  corporation  or  association],  and  that 
the  seal  affixed  to  said  instrument  is  the  corporate  seal  of  said  cor- 
poration [or  association],  and  that  said  instrument  was  signed  and 
sealed  in  behalf  of  said  corporation   [or  association]   by  authority  of 

its  board  of  directors  [or  trustees],  and  said  acknowledged  said 

instrument  to  be  the  free  act  and  deed  of  said  corporation  [or  asso- 
ciation]. 

[Signature  and  title.] 

No.  154.    Mississippi — Acknowledgment— General  Tonn. 

State  of  Mississippi, 
County  of ,  ss. 


Personally  appeared  before  me  [name  and  title  of  officer]  the  within 

named  [and  ,  his  wife,  if  so],  who  acknowledged  that  he  [or 

they]  signed  and  delivered  the  foregoing  deed  [or  mortgage,  etc.,  as 
may  be]  on  the  day  and  year  mentioned. 

Given  under  my  hand   [and  official  seal,  if  so],  this  day  of 

,  19-. 

[Official  seal,  if  any.]  [Official  signature.] 

No.  155.    Mississippi — Proof  by  Subscribing  Witness. 

State  of  Mississippi, 
County  of ,  ss. 

Personally  appeared  before  me  [name  and  title  of  officer]  the  within 

named  ,  one  of  the  subscribing  witnesses  to  the  foregoing  deed 

[or  mortgage,  etc.,  as  may  be],  who,  being  first  duly  sworn,  deposetli 
and  saith  that  he  saw  the  within  named  ,  whose  name  is  sub- 
scribed thereto,  sign  and  deliver  the  same  to  the  said  [or  that 

he  heard  the  said  acknowledge  that  he  signed  and  delivered  the 

same  to  the  said  ] ;  that  he,  this  affiant,  subscribed  his  name  as  a 

witness  thereto,  in  the  presence  of  the  said . 

Given  under  my  hand  [and  official  seal],  this day  of ,  19 — . 

[Official  seal]  [Official  signature.] 


Forms  156-159  Cowdery's  Form  Book.  58 

No.  156.    Missouri — Acknowledgment — General  Form. 

State  of  Missouri, 
County  of ,  ss. 

On  tliis  day  of ,  A.  D.  19 — ,  before  me  personally  appeared 

[and  ,  his  wife],  Avho  is   [or  are]   personally  known  to  me  to 

be  the  person  or  persons  described  in  and  who  executed  the  foregoing 
instrument,  and  acknovrledged  that  he  [or  they]  executed  the  same 
as  his  [or  their]  free  act  and  deed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  at  my  office,  in  ,  the  day  and  year  first  above  written. 

[Add  here:]   My  commission  expires  ,  19 — . 

[Official  seal]  [Official  signature.] 

No.  157.    Montana — Acknowledgment— General  Form. 

State  of  Montana, 

County  of ,  ss. 

On  this  day  of ,  in  the  year  ,  before  me  [here  insert 

the  name  and  quality  of  the  officer]  personally  appeared  ,  known 

to  me  [or  proved  to  me  on  oath  of ]  to  be  the  person  whose  name 

is  subscribed  to  the  within  instrument,  and  acknowledged  to  me  that 
he  [or  they]  executed  the  same. 

NOTE.— Montana,  Rev.  Codes  1907,  sec.  4663. 

No.  158.    Montana — Acknowledgment  by  Corporation. 

State  of  Montana, 

County  of ,  ss. 

On  this  day  of  ,  in  the  year  ,  before  me  [here  insert 

the  name  and  quality  of  the  officer]   personally  appeared. ,  known 

to  me  [or  proved  to  me  on  the  oath  of  ]   to  be  the  president  [or 

secretary]  of  the  corporation  that  executed  the  within  instrument, 
and  acknowledged  to  me  that  such  corporation  executed  the  same. 

NOTE.— Montana,  Rev.  Codes  1907,  sec.  4664, 

No.  159.    Montana^Acknowledgment  by  Attorney  in  Fact. 

State  of  Montana, 

County  of ,  ss. 

On  this  day  of  ,  in  the  year  ,  before  me  [here  insert 

name  and  quality  of  the  officer]   personally  appeared  ,  known  to 

me  [or  proved  to  me  on  the  oath  of  - — ]  to  be  the  person  whose  name 

is  subscribed  to  the  within  instrument  as  the  attorney  in  fact  of  , 

and  acknowledged  to  me  that  he  subscribed  the  name  of  thereto 

as  principal,  and  his  own  name  as  attorney  in  fact. 

NOTE.— Montana,  Rev.  Codes  1907,  sec.  4666. 


59  Acknowledgments.  Forms  160-162 

No.  160.    NeTDraska— Acknowledgment  by  Husband  and  Wife. 

State  of  Nebraska, 
County  of ,  ss. 

On  the  day  of  ,  A.  D.  19—,  before  me  [name  and  title  of 

officer  in  and   for  said   county],   personally   appeared   and  , 

his  wife,  to  me  personally  known  [or  by  the  oaths  of and  , 

witnesses  whose  names  are  subscribed  hereto,  satisfactorily  proved]  to 
be  the  identical  persons  described  in  and  whose  names  are  affixed  to 
the  foregoing  deed  as  grantor  [or  grantors]  thereto,  and  severally 
acknowledged  the  said  instrument  to  be  their  voluntary  act  and  deed. 

Witness  my  hand   [and  official  seal,  if  so],  on  the  day  last  above 
written. 

[Official  seal]  [OfBcial  signature.] 

NOTE. — Montana,  Eev.  Codes,  sec.  4666. 

No.  161.    Nebraska— Acknowledgment  by  Single  Person. 

State  of  Nebraska, 
County  of ,  ss. 

On  the  day  of  ,  A.  D.  19—,  before  me   [name  and  title 

of  officer]  in  and  for  said  county  personally  appeared  ,  to  me  per- 
sonally known    [or  by  the  oaths   of  and  ,  witnesses   whose 

names  are  subscribed  hereto,  satisfactorily  proved]  to  be  the  identical 
person  described  in  and  whose  name  is  affixed  to  the  foregoing  deed 
as  grantor  thereto  and  acknowledged  the  said  instrument  to  be  his 
voluntary  act  and  deed. 

Witness  my  hand   [and  ofBcial  seal,  if  so],  on  the  day  last  above 
written.  . 

[OflBcial  seal]  [Official  signature.] 

No.  162.    Nebraska— Proof  by  Subscribing  Witness. 

State  of  Nebraska, 

County  of ,  ss. 

On  this  day  of  ,  A.  D.  19—,  it  satisfactorily  appearing  to 

me  that  the  attendance  of  the  said  ,  the  grantor  in  the  foregoing 

conveyance,    cannot   be   procured   in   order   to   make    acknowledgment 

thereof   [or  that  the  said  ,  the  grantor,  etc.,  is  dead;  or  having 

executed  and  delivered  the  foregoing  conveyance,  refuses  to  ^  make 
acknowledgment  thereof],  before  me  [name  and  title  of  officer],  in  and 

for  said   county,  personally   appeared  ,  to   me  personally   known 

[or  by  the  oath  of  (one  or  more)  witnesses,  personally  known  or  by 
the  oath  of  (one  or  more)  witnesses,  whose  names  are  hereto  sub- 
scribed, to  me  satisfactorily  proved]  to  be  the  identical  person  whose 
name  is  subscribed  to  the  foregoing  conveyance  as  attesting  witness, 
who  being  first  duly  sworn  on  his  oath,  says  that  his  place  of  residence 


Forms  163-165  Cowdery's  Form  Book.  60 

is  at  ,  in  the  county  of  ,  and  state  of  ;  that  he  set  his 

name  to  the  foregoing  conveyance  as  a  witness;  that  he  knew  , 

the  grantor  in  said  conveyance,  and  knew to  be  the  identical  person 

described  therein,  and  who  executed  the  same,  and  saw  him  sign  [or 
heard  him  acknowledge  that  he  had  signed]  the  same. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  [and  seal]  in 
said  county  the  day  and  year  last  above  written. 

[Seal]  [Official  signature.] 

No.  163.    Nevada — Acknowledgment — General  Form. 

State  of  Nevada, 
County  of  Storey, — ss. 

On  this  3d  day  of  June,  A.  D.,  one  thousand  nine  hundred  and  sev- 
enteen, personally  appeared  before  me,  J.  L.,  a  notary  public  in  and 
for  the  said  county,  A.  B.,  known  to  me  to  be  the  same  person  described 
in  and  who  executed  the  foregoing  instrument,  who  acknowledged  to 
me  that  he  executed  the  same,  freely  and  voluntarily,  and  for  the  uses 
and  purposes  therein  mentioned. 

[Signature.] 

NOTE'.— Nevada,  Rev.  Laws  1912,  sec.  1025. 

No.  164.    Nevada — Acknowledgment  by  a  Corporation. 

State  of  Nevada, 

County  of ,  ss. 

On  this  day  of ,  A.  D. ,  personally  appeared  before  me, 

a  notary  public  [or  judge  or  other  officer,  as  the  case  may  be],  in  and 

for  county,  A.  B.,  known  [or  proved]  to  me  to  be  the  president 

[vice-president  or  secretary]  of  the  corporation  that  executed  the  fore- 
going instrument,  and  upon  oath  did  depose  that  he  is  the  officer  of 
said  corporation  as  above  designated;  that  he  is  acquainted  with  the 
seal  of  said  corporation,  and  that  the  seal  affixed  to  said  instrument  is 
the  corporate  seal  of  said  corporation ;  that  the  signatures  to  said  instru- 
ment were  made  by  officers  of  said  corporation  as  indicated  after  said 
signatures;  and  that  the  said  corporation  executed  the  said  instrument 
freely  and  voluntarily  and  for  the  uses  and  purposes  therein  mentioned. 

NOTE.— Nevada,  Eev.  Laws  1912,  sec.  1025. 

No.  165.    Nevada — Acknowledgment  by  Husband  and  Wife, 

State  of  Nevada, 

County  of ,  ss. 

On  this  day  of ,  one  thousand  nine  hundred  and ,  x>er- 

sonally  appeared  before  me  ,  a  notary  public  in  and  for  the  said 

county,  A.  B.  and  his  wife,  L.  B.,  known  to  me  to  be  the  persons  described 
in  and  who  executed  the  foregoing  instrument,  who  acknowledged  to  me 


Ql  Acknowledgments.  Forms  166-168 

that  they  each  executed  the  same  freely  and  voluntarily,  and  for  the 
uses  and  purposes  therein  mentioned. 

[Signature.] 


NOTE.— Nevada,  Rev.  Laws  1912,  sec.  1025. 

No.  166.    Nevadar— Proof  of  Instrumenta. 

State  of  Nevada, 

County  of ,  ss. 

On  this  day  of  ,  A.  D.,  one  thousand  nine  hundred  and 

,  personally  appeared  before  me  ,  a  notary  public  in  and  for 

the  said  county,  A.  B.,  satisfactorily  proved  to  me  to  be  the  person 
described  in  and  who  executed  the  within  conveyance,  by  the  oath  of 
C.  D.,  a  competent  and  credible  witness,  for  that  purpose  by  me  duly 
sworn,  and  he,  the  said  A.  B.,  acknowledged  that  he  executed  the  same 
freely  and  voluntarily,  and  for  the  uses  and  purposes  therein  mentioned. 

[Signature.] 

NOTE.— Nevada,  Eev,  Laws  1912,  sees.  1023,  1025. 

No.  167.    Nevada— Acknowledgment  by  Attorney  in  Fact. 

State  of  Nevada, 

County  of ,  ss. 

On  this day  of ,  A.  D. ,  personally  appeared  before  me, 

a  notary  public  [or  judge  or  other  officer,  as  the  case  may  be]  in  and 

for county,  A.  B.,  known  [or  proved]  to  me  to  be  the  person  whose 

name  is  subscribed  to  the  within  instrument  as  the  attorney  in  fact 

of  ,  and  acknowledged  to  me  that  he  subscribed  the  name^  of  the 

said  thereto  as  principal,  and  his  own  name  as  attorney  in  fact, 

freely  and  voluntarily  and  for  the  uses  and  purposes  therein  mentioned. 

NOTE.— Nevada,  Eev.  Laws  1912,  see.  1025. 

No.  168.    Nevada— Acknowledgment  When    Grantor    is   Unknown    to 
Officer. 

State  of  Nevada, 

County  of ,  ss. 

On  this day  of ,  A.  D. ,  personally  appeared  before  me, 

a  notary  public  [or  judge  or  officer,  as  the  case  may  be]  in  and  for 
the  said  county,  A.  B.,  satisfactorily  proved  to  me  to  be  the  person 
described  in  and  who  executed  the  within  conveyance,  by  the  oath  of 
C.  D.,  a  competent  and  credible  witness,  for  that  purpose  by  me  duly 
sworn,  and  he,  the  said  A.  B.,  acknowledged  that  he  executed  the  same 
freely  and  voluntarily,  for  the  uses  and  purposes  therein  mentioned. 

NOTE. — Nevada,  Eev.  Laws  1912,  sec.  1026. 


Forms  169-172  Cowdery's  Form  Book.  62 

No.  169.    Nevada — Acknowledgment  by  Subscribing  Witness. 

State  of  Nevada, 
County  of  Storey, — ss. 

On  this  3d  day  of  June,  1917,  before  me,  A.  L.,  a  notary  public  in 
and  for  the  county  of  Storey,  personally  appeared  C.  D.,  personally 
known  to  me  to  be  the  person  whose  name  is  subscribed  to  the  annexed 
instrument  as  a  subscribing  witness  thereto.  That  said  witness  was 
sworn  by  me  to  tell  the  truth  and  nothing  but  the  truth  about  the 
execution  by  0.  M.,  of  the  said  instrument.  That  said  witness  testified 
that  he  saw  0.  M.  sign  his  name  as  grantor  to  said  conveyance  at  City 
of  Carson,  State  of  Nevada,  on  the  second  day  of  April,  A.  D.  1917,  and 
the  said  0.  M.  recjuested  him  to  sign  his  name  as  a  witness  to  said  execu- 
tion, and  he,  said  witness,  then  and  there,  subscribed  his  name  as  such 
vv'itness  in  the  presence  of  the  said  grantor,  and  he  personally  testified 
that  he  knew  said  grantor  to  be  the  person  described  in  and  who  exe- 
cuted the  said  instrument,  and  that  he,  said  grantor,  said  to  him  (said 
witness)  that  he  executed  the  said  instrument  freely  and  voluntarily 
and  for  the  uses  and  purposes  therein  mentioned. 

[Signature.] 

NOTE.— Nevada,  Rev.  Laws  1912,  sees.  1027-1030. 

No.  170.    New  Hampshire — Acknowledgment — General  Form. 

State  of  New  Hampshire, 
County  of ,  ss. 

Personally   appeared  the   above-named  ,   and   acknowledged  the 

foregoing  instrument  to  be  his  voluntary  act  and  deed. 

Before  me,  this  day  of  ,  19 — . 

[Official  seal]  [OfiBcial  signature.] 

No.  171.    New  HampsMre— Acknowledgment  by  Husband  and  Wife. 

State  of , 

County  of  ,  ss. 

Personally  appeared  the  above-named  and  — — ,  his  wife,  and 

acknowledged  the  foregoing  instrument  to  be  their  voluntary  act  and 
deed,  this  day  of ,  19 — . 

Before  me,  this day  of ,  19 — . 

[Signature  and  title.] 

No.  172.    New  Jersey — Acknowledgment — General  Form. 

State  of  New  Jersey, 

County  of  ,  ss. 

Be  it  remembered  that  on  this  day  of ,  A.  D.  19 — ,  beforo 

me,  the  subscriber  [name  and  title  of  officer],  personally  appeared 


63  Acknowledgments.  Forms  173, 174 

[and  ,  his  wife,  if  so],  who,  I  am  satisfied,  is  the  grantor  [or  are 

the  grantors]  named  in  and  who  executed  the  within  indenture;  and 
I,  having  first  made  known  to  him  [or  her  or  them]  the  contents  thereof, 
he  [or  she  or  they]  did  thereupon  [severally]  acknowledge  before  me 
that  he  [or  she  or  they]  signed,  sealed  and  delivered  the  same  as  his 
[or  her  or  their]  voluntary  act  and  deed,  for  the  uses  and  purposes 
therein  expressed. 

And  the  said ,  wife  of  the  said ,  being  by  me  privately  exam- 
ined separate  and  apart  from  her  said  husband,  did  further  acknowl- 
edge that  she  signed,  sealed,  and  delivered  the  same  as  her  voluntary 
act  and  deed,  freely,  without  any  fear,  threats,  or  compulsion  of  or 
from  her  said  husband. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  the  day  and  year  aforesaid. 

[Seal]  [Official  signature.] 

No.  173.    New  Jersey— Proof  by  Subscribing  Witness. 

State  of  New  Jersey, 

County  of  ,  ss. 

Be  it  remembered,  that  on  this  day  of ,  A,  D.  19 — ,  before 

me,  the  subscriber  [name  and  title  of  officer],  personally  appeared , 

who  being  by  me  duly  sworn  according  to  law,  on  his  oath  saith,  that 

lie  saw ,  the  within  named  grantor,  sign,  seal  and  deliver  the  within 

indenture,  as  his  voluntary  act  and  deed,  and  that  he,  the  said  , 

subscribed  his  name  to  the  same,  at  the  same  time,  as  an  attesting 
witness. 

Taken,  sworn,  and  subscribed  before  me,  this day  of ,  A.  D. 

19—. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  the  day  and  year  aforesaid. 

[Seal]  [Official  signature.] 

No.  174.    New  Jersey— Proof  of  Deed  by  Corporation. 

State  of  New  Jersey, 

County  of  ,  ss. 

Be  it  remembered,  that  on  this  day  of ,  A.  D.  19 — ,  before 

me,  the  subscriber  [name  and  title  of  officer],  personally  appeared , 

to  me  known,  who  being  by  me  sworn  according  to  law,  on  his  oath 
doth  depose  and  say:  That  he  is   [state  what  officer,  or  is  acquainted 

with  the  seal]   of  corporation,  the  grantors  in  the  foregoing  deed 

named;  that  the  seal  affixed  to  the  said  deed  is  the  corporate  seal  of 
the  said  [corporation] ;  that  it  was  so  affixed  by  order  of  the  said 
[corporation] ;  that  is  the  president   [or  other  executive  officer] 


Forms  175-177  Cowdeby's  Form  Book.  64 

of  the  said   [corporation] ;  that  he  saw  the  said  ,  as  snch  , 

sign  the  said  deed,  and  heard  him  declare  that  he  signed,  sealed  and 
delivered  the  same  as  the  voluntary  act  and  deed  of  the  said  [corpora- 
tion] by  their  order;  and  that  this  deponent  «igned  his  name  thereto, 
at  the  same  time,  as  a  subscribing  witness. 

(Signed)   

Subscribed  and  sworn  before  me,  this  day  of  ,  A.  D.  19 — . 

In  witness  whereof,  I  have  hereunto  set  ray  hand  and  affixed  my 
official  seal,  the  day  and  year  aforesaid. 

[Seal]  [Official  signature.] 

No.  175.    New  Mexico — Acknowledgment — General  Form, 

State  of  New  Mexico, 
County  of  Colfax, — ss. 

On  this  3d  day  of  June,  1917,  before  me  personally  appeared  A.  B., 
to  me  known  to  be  the  person  described  in  and  who  executed  the  fore- 
going instrument,  and  acknowledged  that  he  executed  the  same  as  his 
free  act  and  deed. 

[Signature.] 

NOTE.— New  Mexico,  Stats.  Ann.  1915,  sec.  9. 

No.  176.    New  Mexico — Acknowledgment  by  Attorney  in  Fact. 

State  of  New  Mexico, 
County  of  Colfax, — ss. 

On  this  3d  day  of  June,  1917,  before  me  personally  appeared  A.  B., 
to  me  known  to  be  the  person  who  executed  the  foregoing  instrument 
in  behalf  of  C.  D.,  and  acknowledged  that  he  executed  the  same  as  the 
free  act  and  deed  of  C.  D. 

[Signature.] 

NOTE.— New  Mexico,  Stats.  Ann.  1915,  sec.  9. 

No.  177.    New  Mexico — ^Acknowledgment  by  Corporation  or  Association. 
State  of  New  Mexico, 
County  of  Colfax, — ss. 

On  this  3d  day  of  June,  1917,  before  me  appeared  A.  B.,  to  me  per- 
sonally known,  who,  being  by  me  duly  sworn,  did  say  that  he  was  the 
president  [or  other  officer  or  agent  of  the  corporation  or  association] 
of  [describing  the  corporation  or  association],  and  that  the  seal  affixed 
to  said  instrument  is  the  corporate  seal  of  said  corporation  [or  asso- 
ciation], and  that  said  instrument  was  signed  and  sealed  in  behalf  of 
said  corporation  [or  association],  by  authority  of  its  board  of  directors, 
or  trustees,  and  said  A.  B.  acknowledged  said  instrument  to  be  the 
free  act  and  deed  of  said  corporation  [or  association]. 

[Signature.] 

NOTE.— New  Mexico,  Stats.  Ann.  1915,  sec.  9. 


65  Acknowledgments.  Forms  178-180 

No.  178.    New  York— Acknowledgment  by  Corporation. 

State  of  New  York, 

County  of  ,  ss. 

On  the  day  of  ,  in  the  year  ,  before  me  personally 

came ,  to  me  known,  who,  being  by  me  duly  sworn,  did  depose  and 

say  that  he  resided  in  ;  that  he  is  the  [president  or  other  officer] 

of  the  [name  of  corporation],  the  corporation  described  in  and  whicli 
executed  the  above  instrument;  that  he  knew  the  seal  of  said  cor- 
poration; that  the  seal  affixed  to  said  instrument  was  such  corporate 
seal;  tliat  it  was  so  affixed  by  order  of  the  board  of  directors  of  said 
corporation,  and  that  he  signed  his  name  thereto  by  like  order. 

[Signature  and  office  of  officer  taking  acknowledgment.] 

No.  179.    New  York— Acknowledgments-General  Form. 

State  of  New  York, 
County  of  ,  ss. 

On  this  day  of  ,  A.  D.  19—,  before  me,  personally  came 

[or  and  ,  or  and  ,  his  wife],  to  me  known 

and  known  to  me  to  be  the  individual  [or  individuals]  described  iu. 
and  who  executed  the  within  [or  foregoing,  etc.]  instrument  [or  deed, 
etc.],  and  he  [she  or  they  severally]  acknowledged  to  me  that  he  [oj- 
she  or  they]   executed  the  same. 

Witness  my  hand  [and  official  seal,  if  so],  this day  of ,  19—. 

rgeal]  [Official  signature.] 

No.  180.    New  York— Proof  of  Deed  of  a  Corporation  by  Its  President 
or  Other  0£Q.cer. 

State  of  New  York, 

County  of  ,  ss. 

On  the  day  of  ,  in  the  year  ,  before  me  personally 

^.ame  ,  to  me  known,  who,  being  by  me  duly  sworn,  did  depose 

and  say  that  he  resides  in  ;  that  he  is  the   [president  or  other 

officer]  of  the  [name  of  corporation],  the  corporation  described  in  and 
which  executed  the  above  instrument;  that  he  knows  the  seal  of  said 
corporation;  that  the  seal  affixed  to  said  instrument  is  such  corporate 
seal;  that  it  was  so  affixed  by  order  of  the  board  of  directors  of  said 
corporation,  and  that  he  signed  his  name  tliereto  by  like  order. 

[Signature  and  office  of  officer  taking  acknowledgment.] 

[If  such  corporation  have  no  seal,  that  fact  must  be  stated  in  place 
of  the  statements  required  respecting  the  seal.] 

rorm  Book — 6 


Forms  181-183  Cowdeby's  Form  Book.  66 

No.  181.    New  York — Acknowledgment  by  Attorney  in  Fact. 

State  of  New  York, 
County  of  ,  ss. 

On  this  day  of  ,  A.  D.  19 — ,  before  me,  personally  came 

,  the  attorney  of  ,  known   [or  proven  to  me  satisfactorily  to 

be  the  individual  described  in,  and  who,  as  such  attorney,  executed  the 
within  instrument],   and   acknowledged  that   he   executed  the   same   as 

the  act  and  deed  of  said  therein  described,  and  for  the  purposes 

therein  mentioned,  by  virtue  of  a  power  of  attorney  duly  executed  by 

the  said ,  bearing  date  the day  of ,  19 —  [and  state  where 

and  when  recorded,  if  recorded,  and  place  and  time  known]. 

Witness  my  hand  [and  official  seal,  if  so],  this day  of ,  19 — . 

[Seal]  [Official  signature.] 

No.  182.    New  York — ^Proof  by  Subscribing  Witness. 

Siate  of  New  York, 
County  of  ,  ss. 

On  this  day  of  ,  in  the  year  ,  before  me  personally 

came  ,  to  me  personally  known,  and  known  to  me  to  be  the  same 

person  whose  name  is  subscribed  to  the  foregoing  instrument  as  wit- 
ness thereto,  who,  being  by  me  duly  sworn,   said  that  he  resides   at 

No.  ,  street,  in  the  city  of  ,  and  state  of  ;  that  he 

was  personally  acquainted  with  ,  and  knew  him  to  be  the  person 

described  in,  and  who  executed  the  said  instrument,  and  that  he  saw 

f)im  execute  the  same,  and  that  he  acknowledged  to  him,  the  said , 

that  he  executed  the  same,  and  that  he,  the  said  ,  thereupon  sub- 
scribed his  name  as  witness  thereto. 

[Official  seal.]  [Signature  and  title.] 

No.  183.    North  Carolina — ^Acknowledgment  by  Husband  and  Wife. 

North  Carolina, 
County. 

I,  [here  give  name  of  officer,  as  the  case  may  be],  do  hereby 

certify   that   [here   give   name   of  gi'antors]    personally   appeared 

before  me  this  day,  and  acknowledged  the  due  execution  of  the  fore- 
going   [or  annexed]    deed   of  conveyance    [or  other  instrument] ;   and 

the  said [here  give  wife's  name]  wife  of  said  [here  give  husband's 

name]  being  by  me  privately  examined,  separate  and  apart  from  her 
husband,  touching  her  voluntary  execution  of  the  same,  doth  state  that 
she  signed  the  same  freely  and  voluntarily,  without  fear  or  compulsion 
of  her  said  husband  or  any  other  person,  and  that  she  doth  still  volun- 
tarily assent  thereto. 

Witness  my  hand  and  seal  [private  or  official,  as  the  case  may  be] 
^his day  of ,  A.  D.  19—. 


G7  Acknowledgments.  Forms  181-187 

No.  184.    North  Carolina^- Acknowledgment  by  Grantor. 

North  Carolina, 
County. 

I,  [here  give  the  name  of  the  official  and  his  title],  do  hereby 

certify  that  [here  give  name  of  the  grantor],  personally  appeared 

before  me  this  day  and  acknowledged  the  due  execution  of  the  fore- 
going instrument. 

Witness  my  hand  and  official  seal  this  day  of  . 

NOTE'.— North   Carolina,  Kevisal   1908,  sec.   1002. 

No.  185.  North  Carolina^-Proof  of  Conveyance  by  a  Corporation  Exe- 
cuted by  President  or  Trustee  and  Two  Other  Members 
of  the  Corporation. 

North  Carolina, 

County. 

This  day  of  ,  A.  D.  ,  personally  came  before  me  

[official  title  of  officer]  A.  B.  [name  of  subscribing  witness],  who, 
being  by  me  duly  sworn,  says  that  he  knows  the  common  seal  of  the 

[give  name  of  the  corporation],  and  is  also  acquainted  with  C.  D., 

who  is  the  president  or  trustee;  and  also  with  E.  F.  and  G.  H.,  two 
other  members  of  said  corporation;  and  that  he,  the  said  A.  B.,  saw 
the  said  president  [or  trustee]  and  the  two  said  other  members  sign 
the  said  instrument,  and  saw  the  said  president  [or  trustee]  affix  the 
said  common  seal  of  said  corporation  thereto,  and  that  he,  the  said 
subscribing  witness,  signed  his  name  as  such  subscribing  witness  thereto 
in  their  presence. 

Witness  my  hand  and  official  seal  this day  of ,  19—. 

No.  186.    North  Dakota— Acknowledgment— General  Form. 

State  of  North  Dakota, 
County  of ,  ss. 

On  this  day  of  ,  A.  D.  19—,  before  me  personally  appeared 

,  known  to  me   [or  proved  to  me  on  the  oath  of  ]   to  be  the 

person  who  is  described  in  and  who  executed  the  within  instrument, 
and  acknowledged  to  me  that  he  executed  the  same. 

[Seal]  [Signature  and  title.] 

NOTE.— North  Dakota,  Comp.  Laws  1913,  sec.  5574. 

No.  187.    North  Dakota — Acknowledgment  by  Corporation. 

State  of  North  Dakota, 

County  of ,  ss. 

On  this  day  of  ,  in  the  year  19 — ,  before  me  [here  insert 

the  name  and  title  of  the  officer],  personally  appeared  ,  known 


Forms  18S-190  Cowdeky's  Form  Book.  68 

lo  me  [or  proved  to  me  on  oath  of  ]   to  be  the   [insert  title  of 

officer]  of  the  corporation  that  is  described  in  and  that  executed  the 
within  instrument,  and  acknowledged  to  me  that  such  corporation  exe- 
cuted the  same. 

[Seal]  [Signature  and  title.] 

NOTE.— North  Dakota,  Comp.  Laws  1913,  sec.  5574. 

No.  188.    North  Dakota — ^Acknowledgment  by  Attorney  in  Fact. 

State  of  North  Dakota, 
County  of ,  ss. 

On  this day  of ,  A.  D.  19 — ,  before  me  personally  appeared 

,  known  to  me   [or  proved  to  me  on  the  oath  of  ]  to  be  the 

pc)-son  who  is  described  in,  and  whose  name  is  subscribed  to  the  within 

instrument  as  the  attorney  in  fact  of  ,  and  acknowledged  to  me 

that  he  subscribed  the  name  of  thereto  as  principal,  and  his  own 

name  as  attorney  in  fact. 

[Seal]  [Signature  and  title.] 

NOTE. — North  Dakota,  Comp.  Laws  1913,  sec.  5574. 

No.  189.    Ohio — Acknowledgment — General  Form. 

Si: ate  of  Ohio, 
County  of ,  ss. 

On  this day  of ,  A.  D.  19 — ,  before  me,  a  [state  what  officer] 

in  and  for  said  county,  personally  came  A  B  [and  C  B,  his  wife],  who 
executed  the  foregoing  conveyance  [or  instrument]  and  severally  duly 
jioknowledged  that  they  executed  the  same  as  their  free  and  voluntary 
act  and  deed  for  the  uses  and  purposes  therein  expressed  and  men- 
tioned. 

Witness  my  official  signature  and  seal  on  the  day  last  above  men- 
tioned. 

[Official  seal]  [Official  signature.] 

No.  190.    Ohio — Acknowledgment  by  Corporation. 

State  of  Ohio, 

County  of  ,  ss. 

Before  the  subscriber,  a within  and  for  said  county,  personally 

came ,  who  is  the  president  of  the  said company,  and  acknowl- 

odg'ed  that  the  name  of  said  company  was  subscribed  to  the  foregoing 
indenture  by  himself  as  the  president  thereof,  and  that  the  seal  affixed 
tliereto  is  the  seal  of  said  company,  and  that  said  name  was  subscribed 
and  said  seal  attached  to  the  foregoing  indenture  by  the  direction 
and  authority   of   said  company,   and  that  the  foregoing  indenture  is 

the  act  and  deed  of  the  said  •  company  for  the  uses  and  purposes 

therein  mentioned. 


09  ACTKNOWLEDGMENTS.  Forms  191-194: 

No.  191.    Ohio— Acknowledgment  by  Attorney  in  Fact. 

State  of  Ohio, 
County  of ,  ss. 

On  this  day  of  ,  A.  D.  19—,  before  me,  a   [state  what 

officer]  in  and  for  said  county,  personally  came  ,  by  ,  his  [or 

their]  attorney  in  fact,  the  grantor  [or  grantors]  in  the  foregoing  deed, 
and  acknowledged  the  signing  [and  sealing]  thereof  to  be  the  voluntary 
act  and  deed  of  said ,  for  the  uses  and  purposes  therein  mentioned. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and 
affixed  my  official  [or  notarial]  seal,  on  the  day  and  year  last  afore- 
said. 

[Official  seal]  [Official  signature.] 

No.  192.    Oklahoma— Acknowledgment— General  Porm. 

State  of  Oklahoma, 

County. 

Before  me,  a  in  and  for  said  county  and  state,  on  this 

■  day  of  ,   19 — ,   personally   appeared  and  ,   to   me 


known  to  be  the  identical  persons  who  executed  the  within  and  fore- 
going instrument,  and  acknowledged  to  me  that  they  executed  the 
same  as  their  free  and  voluntary  act  and  deed,  for  the  uses  and  pur- 
poses therein  set  forth. 

My  commission  expires . 

NOTE.— Oklahoma,  Gen.  Stats  1908,  sec.  5417. 
No.  193.    Oklahoma^Acknowledgment  by  Corporation. 

State  of  Oklahoma, 
County,  ss. 

Before  me,  a  ,  in  and  for  said  county  and  state,  on  this  

day  of  ,  19 — ,  personally  appeared  ,  to  me  known  to  be  the 

identical  person  who  subscribed  the  name  of  the  maker  thereof  to  the 
foregoing  instrument  as  its  [attorney  in  fact,  president,  vice-president, 
or  mayor,  as  the  case  may  be] ,  and  acknowledged  to  me  that  he  executed 
the  same  as  his  free  and  voluntary  act  and  deed,  and  as  the  free  and 
voluntary  act  and  deed  of  such  corporation,  for  the  uses  and  purposes 
therein  set  forth. 

NOTE. — Oklahoma,   Gen.   Stats.    1908,   sec.   5424. 

No.  194.    Oregon— Acknowledgment  by  Justice  of  the  Peace — General 
Porm. 

State  of  Oregon, 

County  of  Clackamas, — ss. 

Before  the  undersigned,  a  justice  of  the  peace  for  the  precinct  of 
,  in  the  county  and  state  aforesaid,  personally  appeared  the  within 


Forms  195-197  Cowdery's  Form  Book,  70 

[or  above]  named  A.  B.  and  C.  D.,  his  wife,  to  me  known  to  be  tlie 
individuals  described  in  and  who  executed  the  within  [or  above]  con- 
veyance [or  power  of  attorney,  as  the  case  may  be],  and  the  said  A.  B. 
acknowledged  that  he  executed  the  same,  and  the  said  C.  D.,  being 
by  me  examined,  separate  and  apart  from  her  said  husband,  then  and 
there  acknowledged  that  she  executed  such  conveyance  freely,  and  with- 
out fear  and  compulsion  from  anyone;  this  day  of  ,  19 — . 

E.  F., 
Justice  of  the  Peace. 

NOTE. — Oregon,  Lord's  Oregon  Laws,  vol.  1,  p.  1053.     This  and  the  next 
following  are  the  only  statutory  forms  of  acknowledgment  in  Oregon. 

No.  195.    Oregon — Acknowledgment  by  Attorney  in  Fact  Before  Jus- 
tice of  the  Peace. 

State  of  Oregon, 

County  of  Clackamas, — ss. 

Before  the  undersigned,  a  justice  of  the  peace  for  the  precinct  of 

,  in  the  county  and  state  aforesaid,  appeared  the  within  [or  above] 

named  [here  insert  the  name  of  the  principal  in  the  conveyance],  by 
his  attorney  in  fact,  within  [or  above]  named  C.  D.,  to  me  known  to 
be  the  individual  described  in  and  who  executed  the  within  [or  above] 
conveyance  for  and  on  behalf  of  the  said  [insert  the  name  of  the  prin- 
cipal], and  acknowledged  to  ine  that  he  executed  the  same,  this  

day  of ,  19 — . 

E.  F., 
Justice  of  the  Peace. 

NOTE. — Oregon,  Lord's  Oregon  Laws,  vol.  1,  p.  1054. 

No.  196.    Pennsylvania  —  Acknowledgment  of  Individuals    (Single   or 

Married). 
State  of  Pennsylvania, 
County  of  ,  ss. 

On  this  day  of  ,  A.  D.  19 — ,  before  me,  came  the  above 

named  and  acknowledged  the  foregoing  deed  to  be  act  and 

Joed,  and  desired  the  same  to  be  recorded  as  such. 

Witness  my  hand  and  seal,  the  day  and  year  aforesaid. 

[Official  character.] 

My  commission  expires  . 

No.  197.    Pennsylvania — Acknowledgment  by  Husband  and  Wife. 
State  of  Pennsylvania, 

County  of  ,  ss. 

Be  it  remembered,  that  on  this  day  of ,  A.  D.  19 — ,  before 

me,  the  subscriber,  a  [title  of  officer],  duly  commissioned  in  and  for 


71  Acknowledgments.  Forms  198, 199 

said  county,  personally  came  A.  B.  and  C.  B.,  his  wife,  and  acknowledged 
the  foregoing  indenture  to  be  their  act  and  deed,  and  desired  the  same 
to  be  recorded  as  such.  She,  the  said  C.  B.,  being  of  lawful  age,  and  by 
nie  examined  separate  and  apart  from  her  said  husband,  and  the  con- 
tents of  said  deed  being  first  fully  made  known  to  her,  did  thereupon 
declare  that  she  did  voluntarily  and  of  her  own  free  will  and  accord, 
sign  and  seal,  and  as  her  act  and  deed,  deliver  the  same  v/ithout  any 
coercion  or  compulsion  of  her  said  husband. 

Witness  my  hand  and  official  seal,  the  day  and  year  aforesaid. 

[Official  seal]  [Official  signature.] 

No.  198.    Pennsylvania. — Proof  of  Deed  by  Corporation. 

State  of  Pennsylvania, 

County  of  ,  ss. 

Be  it  remembered,  that  on  this  day  of  ,  A.  D.  19 — ,  before 

me, ,  a  [title  of  officer],  duly  commissioned  in  and  for  said  county, 

personally  came ,  who  being  duly  sworn  [or  affirmed],  according  to 

law,  deposes  and  says  that  he  was  personally  present  and  saw  the 
common  or  corporate  seal  of  the  above-named  [name  of  corporation] 
affixed  to  the  foregoing  indenture  [or  deed  poll] ;  that  the  seal  so 
affixed  is  the  common  or  corporate  seal  of  the  said  [corporation],  and 
was  so  affixed  by  the  authority  of  the  said  corporation  as  the  act  and 
deed  thereof;  that  the  above-named is  the  president  of  said  corpo- 
ration, and  did  sign  the  said  indenture  as  such  in  the  presence  of  this 
deponent;  that  this  deponent  is  the  secretary  of  the  said  corporation, 
and  that  the  name  of  this  deponent,  above  signed  in  attestation  of  the 
due  execution  of  the  said  indenture,  is  of  this  deponent's  own  proper 
handwriting. 

Sworn  to  and  subscribed  before  me,  on  this day  of ,  19 — . 

[Official  seal]  [Official  signature.] 

No.  199.    Pennsylvania — Proof  by  Subscribing  Witness. 

State  of  Pennsylvania, 

County  of  ,  ss. 

Be  it  remembered,  that  on  this  day  of ,  A.  D.  19 — ,  before 

me, ,  a  [title  of  officer],  duly  commissioned  in  and  for  said  county, 

personally  came ,  one  of  the  subscribing  witnesses  to  the  execution 

of  the  above  indenture,  who,  being  duly  sworn  [or  affirmed],  according 

to  law,  deposes  and  says  that  he  saw  the  grantor  above  named, 

sign  and  seal,  and  as  his  act  and  deed,  deliver  the  above  deed  [or  con- 
veyance, etc.],  for  the  use  and  purposes  therein  mentioned;  and  that 

he  did  also  see  subscribe  his  name  thereunto  as  the  other  witness 

of  such  sealing  and  delivery,  and  that  the  name  of  this  deponent  there- 


Forms  200-202  Cowdery's  Form  Book.  72 

unto  set  and  subscribed  as  a  witness  is  of  this  deponent's  own  proper 
handwriting. 

Sworn  [or  affirmed]  to  and  subscribed  before  me,  the  day  and  year 
aforesaid. 

(Signed)     

Witness  my  hand  and  official  seaL 

[Official  signature  and  seal.] 

No.  200.    Pennsylvania— Acknowledgment  of  Corporation  by  Attorney. 

I  hereby  certify  that  on  this  day  of  ,  in  the  year  of  our 

Lord,  19—,  before  me,  the  subscriber  [title  of  the  officer],  personally 

appeared  ,  the  attorney  named  in  the  foregoing  [instrument]   and 

by  virtue  and  in  pursuance  of  the  authority  therein  conferred  upon  him, 
acknowledged  the  said  [instrument]  to  be  the  act  of  the  said  [corpora- 
tion's name]. 

Witness  my  hand  and seal  the  day  and  year  aforesaid. 

No.  201.    Rhode  Island— General  Form. 

State  of  Rhode  Island, 
County  of  ,  ss. 

Be  it  remembered,  that  on  this  day  of ,  A.  D.  19 — ,  before 

me   [name  and  title  of  officer],  personally  appeared  the  above  named 

[and  ,  his  wife],  and  ,  each  and  all  personally  known  to 

me,  and  known  by  me  to  be  the  party  [or  parties],  executing  the  fore- 
going instrument,  and  acknowledged  the  said  instrument  by  him  [her 
or  them]  signed  to  be  his  [her  or  their]  free  and  voluntary  act  and  deed. 

In  witness  whereof,  I  have  set  my  hand  and  seal,  at  ,  the  day 

and  year  above  written. 

[Seal]  [Official  signature.] 

No.  202.    South  Carolina — Proof  by  Subscribing  Witness. 

State  of  South  Carolina, 

County  of  ,  ss. 

Personally  appeared  before  me ,  who  made  oath  that  he  saw 

sign,  seal  and  as  his  act  and  deed  deliver  the  within  written  deed  for 

the  uses  and  purposes  therein  mentioned,  and  that  he,  with ,  in  the 

presence  of  each  other,  witnessed  the  due  execution  thereof. 

(Signed)     

Sworn  to  before  me,  this  day  of ,  A.  D.  19 — . 

[Official  seal]  > 

Notary  Public  in  and  for  said County. 


73  Acknowledgments.  Forms  203-206 

No.  203.     South  Carolina — Wife's  Renunciation  of  Dower. 

State  of  South  Carolina, 
County  of  ,  ss. 

I  [uame  and  full  title  of  officer],  do  hereby  certify  to  all  whom  it  may 

concern,  that  ,  the  wife  of  the  within  named  ,  did  this  day 

appear  before  me,  and  upon  being  privately  and  separately  examined 
by  me,  did  declare  that  she  does  freely,  voluntarily  and  without  any 
compulsion,  dread,  or  fear  of  any  person  or  persons  whomsoever,  re- 
nounce, release  and  forever  relinquish  unto  the  within  named  ,  his 

heirs  and  assigns,  all  her  interest  and  estate,  and  also  all  her  right  and 
claim  of  dower  of,  in,  or  to  all  and  singular  the  premises  within  men- 
tioned and  released. 

(Signed)     

Given  under  my  hand  and  seal,  this day  of ,  A.  D.  19 — . 

[Seal]  [Official  signature.] 

No.  204.    South  Carolina — Certificate  of  Proof  by  Subscribing  Witness 
to  Deed  by  a  Corporation. 

State  of , 

County  of  ,  ss. 

Personally  appeared  before  me,  H.  B.,  and  made  oath  that  he  saw 
C.  B.,  as  president,  sign,  affix  the  corporate  seal  of  the  within  named 

Company,  and  as  the  act  and  deed  of  said  corporation  deliver,  the 

within  written  deed;  and  that  he  with  L.  M.  witnessed  the  execution 
thereof. 

H.  B. 

Subscribed  and  sworn  to  before  me,  this day  of ,  A.  D.  19 — . 

Witness  my  hand  and  official  seal. 

[Seal]  [Signature  and  title  of  officer.] 

No.  205.    South  Dakota — Acknowledgment — General  Form. 

State  of  South  Dakota, 
County  of  ,  ss. 

On  this day  of ,  A.  D.  19 — ,  before  me  personally  appeared 

-,  known  to  me  [or  proved  to  me  on  the  oath  of ]  to  be  the  per- 


son who  is  described  in  and  who  executed  the  within  instrument,  and 

acknowledged  to  me  that  he  executed  the  same. 

[Seal]  [Official  signature  and  title.] 

NOTE.— South  Dakota,  Comp.  Laws  1913,  sec.  981,  C.  C. 

No.  206.    South  Dakota — Acknowledgment  by  Corporation. 

State  of  South  Dakota, 
County  of  ,  ss. 

On  this  day  of  ,  in  the  year  19 — ,  before  me  [here  insert 

the  name  and  title  of  the  officer],  personally  appeared  ,  known  to 


Forms  207-209  Cowdery's  Form  Book.  74 

me  [or  proved  to  me  on  oath  of ]  to  be  the  [insert  title  of  ofReer] 

of  the  eori^oration  that  is  described  in  and  that  executed  the  within 
instrument,  and  acknowledged  to  me  that  such  corporation  executed  the 
same. 

[Seal]  [Signature  and  title.] 

NOTE.— South  Dakota.  Comp.  Laws  1913,  sec.  981,  C.  C. 

No.  207.    South  Dakota — Acknowledgment  by  Attorney  in  Fact. 
State  of  South  Dakota, 

County  of  ,  ss. 

On  this day  of ,  A.  D.  19 — ,  before  me  personally  appeared 

-,  known  to  me  [or  proved  to  me  on  the  oath  of ]  to  be  the  per- 


son who  is  described  in  and  whose  name  is  subscribed  to  the  v/ithin 

instrument  as  the  attorney  in  fact  of  ,  and  acknowledged  to  me 

that  he  subscribed  the  name  of thereto  as  principal,  and  his  own 

name  as  attorney  in  fact. 

[Seal]  [Signature  and  title.] 

NOTE.— South  Dakota,  Comp.  Laws  1913,  sec.  981, 

No.  208.    Tennessee  —  Acknowledgment   by   One   Person,    Married   or 

Single. 
State  of  Tennessee, 
County  of  ,  ss. 

Personally  appeared  before  me,  a  [name  and  title  of  officer  fully 
given],  A.  B.  the  grantor  [or  bargainor,  etc.]  in  the  foregoing  [or 
within]  instrument,  with  whom  I  am  personally  acquainted,  and  who 
acknowledged  that  he  executed  the  within  deed  [or  instrument]  for  the 
purposes  therein  contained  and  expressed. 

Witness  my  hand  and  seal  of  office,  this day  of ,  A.  D.  19 — •. 

[Official  seal]  [Official  signature.] 

No.  209.    Tennessee — Acknowledgment  by  Husband  and  Wife. 
State  of  Tennessee, 
County  of  ,  ss. 

Personally  appeared  before  me,  a  [name  and  title  of  officer]  in  and 

for  ,  A.  B.  and  C.  B.,  his  wife,  the  grantors   [or  bargainors,  etc.] 

in  the  foregoing  deed,  with  whom  I  am  personally  acquainted,  and  who 
acknowledged  that  they  executed  the  said  deed  for  the  purposes  therein 
contained  and  expressed ;  and  the  said  C.  B.,  wife  of  the  said  A.  B.,  hav- 
ing personally  appeared  before  me  privately  and  apart  from  her  said 
liusband,  acknowledged  the  execution  of  said  deed  to  have  been  done 
by  her  freely,  voluntarily  and  understandingly,  without  compulsion  or 
constraint  of  her  said  husband,  and  for  the  purposes  therein  expressed. 

Witness  my  hand  and  seal  of  office,  this day  of ,  A.  D.  19 — . 

[Official  seal]  [Official  signature.] 


75  Acknowledgments.  Forms  210-213 

No.  210.    Tennessee — Proof  by  Subscribing  Witness. 

State  of  Tennessee, 

County  of  ,  ss. 

Personally  appeared  before  me  [give  name  of  oflBcer  and  title] 


and ,  subscribing  witnesses  to  the  within  instrument,  who  being  first 

sworn,  deposed  and  said  that  they  are  acquainted  with ,  the  bar- 
gainor, and  that  he  acknowledged  the  said  instrument  in  their  presence 
to  be  his  act  and  deed,  on  the  day  it  bears  date  in  their  presence  [or 
as  date  may  be]. 

Witness  my  hand  and  seal  this day  of ,  19 — . 

[Seal]  [Signature  and  title.] 

No.  211.    Tennessee — Acknowledgment  by  Corporation. 

State  of  , 

County  of  ,  ss. 

Before  me ,  of  the  state  and  county  aforesaid,  personally  appeared 

,  with  whom  I   am  personally   acquainted,   and   who,   upon   oath, 

acknowledged  himself  to  be  president    [or  other  officer  authorized  to 

execute  the  insti-ument]    of  the  ,  the  within  named  bargainor,   a 

corporation,  and  that  he,  as  such  ,  being  authorized  so  to  do,  exe- 
cuted the  foregoing  instrument  for  the  purpose  therein  contained,  by 
signing  the  name  of  the  corporation  by  himself  as  . 

Witness  my  hand  and  seal,  at  office  in ,  this day  of . 

NOTE. — Tennessee,  Code,  Supp.  1903,  p.  642;  Laws  1899,  c.  187. 

No.  212.    Texas — Acknowledgment — Ordinary  Form. 

Before  me, [name  and  character  of  officer],  on  this  day  person- 
ally appeared ,  known  to  me  [or  proved  to  me  on  the  oath  of ] 

to  be  the  person  whose  name  is  subscribed  to  the  foregoing  instrument, 
and  acknowledged  to  me  that  he  executed  the  same  for  the  purposes  and 
consideration  therein  expressed. 

Given  under  my  hand  and  seal  of  oflfice  this day  of ,  A.  D. 


[Seal]  

No.  213.    Texas — Acknowledgment  of  Married  Woman. 

Before  me,  [name  and  character  of  officer],  on  this  day  person- 
ally appeared ,  wife  of ,  known  to  me  [or  proved  to  me  on  the 

oath  of  ]  to  be  the  person  whose  name  is  subscribed  to  the  fore- 
going instrument,  and  having  been  examined  by  me  privily  and  apart 
from  her  husband,  and  having  the  same  fully  explained  to  her,  she,  the 
said  f  acknowledged  such  instrument  to  be  her  act  and  deed,  and 


Forms  214-216  Cowdery's  Form  Book.  76 

declared  that  she  had  willingly  signed  the  same  for  the  purposes  and 
consideration  therein  expressed,  and  that  she  did  not  wish  to  retract  it. 

Given  under  my  hand  and  seal  of  this  office  this  day  of  , 

A.  D. . 

No.  214.    Texas— Acknowledgment  by  Husbajid  and  Wife. 

State  of  Texas, 
County  of  ,  ss. 

Before  me  [name  and  title  of  officer],  in  and  for  said  county,  on  this 

day,  personally  appeared  and  ,  his  wife,  known  to  me   [or 

proved  to  me,  on  the  oath  of ]  to  be  the  persons  whose  names  are 

subscribed  to  the  foregoing  instrument,  and  acknowledged  to  me  that 
they  executed  the  same  for  the  purposes  and  consideration  therein  ex- 
pressed.    And  the  said ,  wife  of  the  said ,  having  been  examined 

by  me  privily,  and  apart  from  her  husband,  and  having  the  same  by  me 

fully  explained  to  her,  she,  the  said acknowledged  such  instniment 

to  me  to  be  her  act  and  deed,  and  she  declared  that  she  had  willingly 
signed  the  same  for  the  purposes  and  consideration  therein  expressed, 
and  that  she  did  not  wish  to  retract  it. 

Given  under  my  hand  and  seal  of  office,  this day  of A.  D. 

19—. 

[Seal]  [Official  signature.] 

No.  215.    Texas— Certificate  of  Proof  by  Witness. 

State  of , 

County  of  . 


Before  me,  [name  and  character  of  officer],  this  day  person- 
ally appeared ,  known  to  me  [or  proved  to  me  on  the  oath  of ] 

to  be  the  person  whose  name  is  subscribed  as  a  witness  to  the  forego- 
ing instrument  of  writing,  and,  after  being  duly  sworn  by  me,  stated 
on  oath  that  he  saw ,  the  gi-antor  [or  person  who  executed  the  fore- 
going instrument],  subscribe  the  same  [or  that  the  grantor  or  person 
who  executed  such  instrument  of  writing  acknowledged  in  his  presence 
that  he  had  executed  the  same  for  the  purposes  and  consideration  therein 
expressed] ,  and  that  he  had  signed  the  same  as  a  witness  at  the  request 
of  the  grantor  [or  person  who  executed  the  same]. 

Given  under  my  hand  and  seal  of  office  this day  of A.  D. . 

No.  216.    Texas— Acknowledgment  by  Corporation. 

State  of  Texas, 

County  of ,  ss. 

Before  me  [name  and  title  of  officer],  in  and  for  said  county,  on  this 
day,  personally  appeared  the [name  of  corporation],  by  its  [presi- 
dent, presiding  member,  or  trustee],  known  to  me  [or  proved  to 


77  Acknowledgments.  Forms  217-219 

me  on  oath  of  ]  to  be  the  person  whose  name  is  subscribed  to  the 

foregoing  instiaiment  as  [president,  etc.],  and  who  acknowledged  the 
same  to  be  the  act  of  said  corporation,  and  that  he  executed  the  same 
for  the  purposes  and  consideration  therein  expressed. 

Given  under  my  hand  and  seal  of  office,  this day  of ,  A.  D. 

19—. 

[Official  seal]  [Official  signature.] 

No.  217.    Texas — Proof  by  Subscribing  Witness. 

State  of  Texas, 
County  of ,  ss. 

Before  me  [name  and  title  of  officer],  in  and  for  said  county,  on  this 

day,  personally  appeared  ,  known  to  me   [or  proved  to  me  on  the 

oath  of  ],  to  be  the  person  whose  name  is  subscribed  as  a  witness 

to  the  foregoing  instrument  of  writing,  and,  after  being  duly  sworn  by 
me,  stated  on  oath  that  he  saw ,  the  grantor  [or  person],  who  exe- 
cuted the  foregoing  instrument  subscribe  the  same  [or  that  said  , 

the  grantor  (or  person),  who  executed  such  instrument  of  writing, 
acknowledged  in  his  presence  that  he  had  executed  the  same  for  the 
purposes  and  consideration  therein  expressed],  and  that  he  had  signed 
the  same  as  a  witness  at  the  request  of  the  said  grantor  [or  person  who 
executed  the  same]. 

Given  under  my  hand  and  seal  of  office,  this day  of ,  A.  D. 

19—. 

[Seal]  [Official  signature.] 

No.  218.    Utali— Acknowledgment— General  Form. 

State  of  Utah, 
County  of ,  88. 

On  the  day  of ,  A,  D.  19 — ,  personally  appeared  before  me 

A.  B.,  the  signer  of  the  above  instrument,  who  duly  acknowledged  to 
me  that  he  executed  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  offi- 
cial seal,  the  day  and  year  last  above  written. 

[Official  seal]  [Official  signature.] 

NOTE.— Utah,  Comp.  Laws  1907,  sec.   1989. 

No.  219.    Utah— Proof  by  Subscribing  Witness. 

State  of  Utah, 

County  of ,  ss. 

On  this  day  of ,  A.  D.  19 — ,  before  me  [name  and  title  of 

officer],  in  and  for  said  county,  personally  appeared  E.  F.,  personally 
known  to  me  [or  satisfactorily  proved  to  me  by  the  oath  of  G.  H.,  a 


Forms  220-222  Cowdery's  Form  Book.  78 

competent  and  credible  witness  for  that  purpose,  by  me  duly  sworn], 
to  be  the  same  person  whose  name  is  subscribed  to  the  annexed  instru- 
ment as  a  witness  thereto,  v/ho,  being  by  me  duly  sworn,  deposes  and 
says  that  he  resides  in  [state  where],  that  he  was  present  and  saw  A.  B., 
personally  known  to  him  to  be  the  same  person  described  in,  and  who 
executed  the  annexed  instrument  as  a  party  thereto,  sign,  seal  and 
deliver  the  same,  and  heard  him  acknowledge  that  he  executed  the  same, 
and  that  he,  the  deponent,  thereupon  signed  his  name  as  a  subscribing 
witness  thereto  at  the  request  of  the  said  A.  B. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  offi- 
cial seal,  the  day  and  year  last  above  written. 

[Official  seal]  [Official  signature.] 

NOTE.— Utah,  Comp.  Laws  1907,  sec.  1994. 

No.  220.    Utah — Acknowledgment  by  OoTporation. 

State  of , 

County  of ,  ss. 

On  this day  of ,  191 — ,  personally  appeared  before  me , 

who,  being  by  me  duly  sworn,  says  that  he  is  the  president  of  , 

and  tliat  said  instrument  was  signed  in  behalf  of  said  corporation  by 
authority  of  its  by-laws  [or  by  resolution  of  its  board  of  directors]  and 
said acknowledged  to  me  that  said  corporation  executed  the  same. 

In  witness  whereof  [etc.]. 

[Seal]  [Official  signature.] 

NOTE'.— Utah,  Comp.  Laws  1907,  sec.  1989. 

No.  221.    Vermont — Acknowledgment — General  Form, 

State  of  Vermont, 
County  of ,  sa. 

^t  on  this  day  of  ,  A.  D.  19—,  personally  appeared 

[or,  and  ,  his  wife]  ;  the  signer  and  sealer  of  the  above 

[or  within]  written  instrument,  and  acknowledged  the  same  to  be  his 
free  act  and  deed. 

[Official  seal]  [Official  signature.] 

No.  222.    Vermont— Certificate  of  Acknowledgment  of  Deed  of  a  Corpo- 
ration. 

vState  of , 

County  of ,  ss. 

At  this  day  of  ,  19—,  personally  appeared  ,  who 

has  executed  the  foregoing  written  insti-ument  as  the  duly  authorized 

agent  of  and  acknowledged  the  same  to  be  the  free  act  and  deed 

of  said  corporation,  and  that  he,  as  such  agent,  freely  executed  the  same. 

Before  me. 

[Signature  and  title.] 


79  Acknowledgments.  Forms  224:-S26 

No.  224.    Virginia — Acknowledgment — General  Form. 

State  of  Virginia, 

County  of ,  ss. 

I  [name  and  title  of  officer],  of  the  county  [or  corporation]  aforesaid, 

in  the  state  of  ,  do  certify  that  [and  ,  his  wife],  whose 

name  is  signed  to  the  above  [or  within  or  annexed]  writing,  bearing  date 

the  day  of  ,  19^>  bas  acknowledged  the  same,  before  me,  in 

ray  county  [or  corporation]  aforesaid. 

Given  under  my  hand  [and  official  seal,  if  so],  this  day  of , 

A.  D.  19—. 

[Official  seal,  when  so.]  [Official  signature.] 

No.  225.    Virginia — Acknowledgment  by  Commissioner. 

State  of , 

County  of . 


I, ,  a  commissioner  appointed  by  the  governor  of  the  state  of  Vir- 
ginia for  the  said  state   [or  territory  or  district]   of  ,  certify  that 

E.  F.,  whose  name  is  signed  to  the  writing  above  [or  hereto  annexed], 

bearing  date  on  the day  of ,  has  acknowledged  the  same  before 

me  in  my  state  [or  territory  or  district]  aforesaid. 

Given  under  my  hand  this day  of . 

No.  226.    Virginia — Acknowledgment  by  Corporation. 

State  of  Virginia, 
County  of ,  ss. 

Be  it  remembered  that  on  this  day  of ,  in  the  year  of  our 

Lord  one  thousand  nine  hundred  and ,  before  me,  the  subscriber,  a 

[state  what  officer]   in  and  for  said  county,  personally  came  ,  by 

A.  B.,  its  president,  and  C.  D.,  its  secretary  (who  are  personally  known 
to  me),  a  corporation,  the  grantor  in  the  foregoing  deed,  and  acknowl- 
edged the  signing  (and  sealing)  thereof  to  be  its,  and  their,  voluntary 
act  and  deed,  for  the  uses  and  purposes  therein  mentioned.  [Add  here, 
if  desired,  especially  for  use  outside  of  state:]  And  the  said  A.  B.  and 
C.  D.,  being  by  me  duly  sworn,  say  that  the  said  A.  B.  is  president  of 
said  corporation  and  that  said  C.  D.  is  secretary  thereof;  that  thcj'-  knov." 
the  corporate  name  and  seal  of  said  corporation;  that  the  name  signed 
and  seal  affixed  to  the  foregoing  deed  is  the  name  and  seal  of  said  corpo- 
ration, and  that  said  name  was  signed,  and  seal  affixed  thereto,  by  order 
of  the  board  of  directors  of  said  corporation;  and  that  they,  the  said 
president  and  secretary,  each  signed  (and  sealed)  said  deed  as  such 
officers  by  like  order  of  said  board. 

In  testimony  whereof,  I  have  hereunto  siibscribed  my  name,  and  affixed 
my  official  [or  notarial]  seal,  on  the  day  and  year  last  aforesaid. 

[Official  seal]  [Official  signature.] 


Forms  227-230  Cowdery's  Form  Book.  80 

No.  227.    Washingtan — Acknowledgment — General  Form. 

State  of  Washington, 
County  of  Walla  Walla,— ss. 

I  [here  give  the  name  of  officer  and  official  title],  do  hereby  certify 
that  on  this  twentieth  day  of  September,  1917,  personally  appeared  be- 
fore me  [name  of  grantor,  and,  if  acknowledged  by  wife,  her  name,  then 
add  "his  wife"],  to  me  known  to  be  the  individual  [or  individuals]  de- 
scribed in  and  who  executed  the  within  instrument,  and  acknowledged 
that  he  [or  she  or  they]  signed  and  sealed  the  same,  as  his  [or  her  or 
their]  free  and  voluntary  act  and  deed,  for  the  uses  and  purposes  therein 
mentioned. 

[Signature.] 

NOTE. — Washington,  Kem.  Code,  sec.  8761. 

No.  228.    Washington — Acknowledgment  by  Corporation, 

State  of  Washington, 
County  of  Walla  Walla, — ss. 

On  this  3d  day  of  June,  A.  D.  19 — ,  before  me  personally  appeared 
A.  B.,  to  me  known  to  be  the  [president,  vice-president,  secretary,  treas- 
urer, or  other  officer  or  agent,  as  the  case  maj  be]  of  the  corporation  that 
executed  the  foregoing  instrument,  and  acknowledged  the  said  instru- 
ment to  be  the  free  and  voluntary  act  and  deed  of  said  corporation  for 
the'  uses  and  purposes  therein  mentioned,  and  on  oath  stated  that  he  was 
authorized  to  execute  said  instrument;  and  that  the  seal  affixed  is  the 
corporate  seal  of  said  corporation. 

[Signature.] 

NOTE.— "Washington,  Rem.  Code,  sec.  8761%. 

No.  229.    Wisconsin — ^Acknowledgment  by  Husband  and  Wife. 

State  of  Wisconsin, 

County, ss. 

Personally  came  before  me  this day  of ,  19 — ,  the  above  [or 

within]  named ,  and ,  his  wife,  to  me  known  to  be  the  persons 

who  executed  the  foregoing  for  within]  instrument  and  acknowledged 
the  same. 

No.  230.    West  Virginia — Acknowledgment — General  Fonn. 

State  of  West  Virginia, 

County  of ,  ss. 

I,  ,  a  commissioner  appointed  by  the  governor  of  the  state  of 

West  Virginia  for  the  said  state  [or  territory,  or  district],  of [or, 

,  a  justice  of  the  county  aforesaid;  or,  I,  ,  a  recorder  of  said 

county;  or,  I, ,  a  notary  of  said  county;  or,  I, ,  a  prothonotary, 

or  clerk,  of  the court  of  said  county],  do  certify  that ,  whose 


81  Acknowledgments.  Forms  231-233 

name   [or  names]   is   [or  are]   signed  to  the  writing  above   [or  herc'cj 

annexed],  bearing  date  on  the day  of ,  has  [or  have]  this  day 

acknowledged  the  same  before  me,  in  my  said  state  [or  county,  or  dis- 
trict, etc.,  as  may  be] . 

Given  under  mv  hand,  this day  of . 

[Official  signature.] 

No.  231.    West  Virginia— Acknowledgment  by  Husband  and  Wife. 

State  of  West  Virginia, 

County  of ,  ss. 

I,  ,  a  commissioner  appointed  by  the  governor  of  the  state  of 

West  Virginia  for  the  said  state  [or  territory,  or  district]  of  [or, 

I,  ,  a  justice  of  the  peace  of  the  said  county  of ;  or,  I,  , 

a  notary  of  the  said  county  of ;  or,  I,  ,  prothonotary,  or,  clerk 

of  the court,  or  county],  of [or  other  officer  or  person  author- 
ized to  take  acknowledgments  as  above,  as  the  case  may  be],  do  certify 

that  ,  and  ,  his  wife,  whose  names  are  signed  to  the  writing 

above  [or  hereto  annexed],  bearing  date  the day  of ,  19 — ,  have 

this  day  acknowledged  the  same  before  me,  in  my  said . 

Given  under  my  hand,  this day  of ,  19 — . 

[Official  signature.] 

No.  232.    West  Virginia  —  Acknowledgment  by   Wife   Subsequent  to 
Husband. 

State  of  West  Virginia, 
County  of ,  ss. 

I,  ,  a  commissioner  appointed  by  the  governor  of  the  state  of 

West  Virginia,  for  the  said  state  [or  territory,  or  district]  of  [or, 

I,  ,  a  justice  of  the  peace  of  the  said  county  of ;  or,  I, ,  a 

notary  of  the  said  county  of ;  or,  I, ,  a  prothonotary,  or,  clerk 

of  the court,  or,  county],  of [or  other  officer  or  person  author- 
ized to  take  acknowledgments  as  above,  as  the  case  may  be],  do  certify 

that ,  the  wife  of ,  whose  names  are  signed  to  the  writing  above 

[or  hereto  annexed],  bearing  date  the  day  of ,  19 — ,  has  this 

day  acknowledged  the  same  before  me,  in  my  said . 

Given  under  my  hand,  this  day  of ,  19 — . 

[Official  signature.] 

No.  233.    West  Virginia— Acknowledgment  by  Corporation. 

State  of  West  Virginia, 

County  of ,  ss. 

I,  ,  a  commissioner  appointed  by  the  governor  of  the  state  of 

West  Virginia  for  the  said  state  [or  territory,  or  district]  of ;  [or. 

Form  Book — 6 


Forms  234, 235            Cowdery's  Form  Book.  82 

I,  ,  a  justice  of  the  peace  of  said  county  of  ;  or,  I,  ,  a 


notary  of  the  said  county  of  ;  or,  I,  ,  prothonotary,  or,  clerk 

of  the court,  or  county],  of [or  other  officer  or  person  author- 
ized to  take  acknowledgments,  as  the  case  may  be],  do  certify  that  

personally  appeared  before  me,  in  my  said  [county,  etc.]  and,  being  by 
me  duly  sworn  [or  affirmed],  did  depose  and  say  that  he  is  the  presi- 
dent [or  other  officer  or  agent]  of  the  corporation  [or  association]  de- 
scribed in  the  writing  above  [or  hereto  annexed],  bearing  date  the 

day  of  ,  19 — ,  authorized  by  said  corporation   [or  association],  to 

execute  and  acknowledge  deeds  and  other  writings  of  said  corporation 
[or  association],  and  that  the  seal  affixed  to  said  Avriting  is  the  corpo- 
rate seal  of  said  corporation  [or  the  seal  of  the  said  association,  as  the 
case  may  be],  and  that  said  writing  was  signed  and  sealed  by  him  in 
behalf  of  said  corporation  [or  association]  by  its  authority  duly  given. 

And  the  said acknowledged  the  said  writing  to  be  the  act  and  deed 

of  said  corporation  [or  association].  [Or,  if  the  corporation  has  no 
corporate  seal,  or  the  association  has  no  seal,  omit  the  words  "seal 
affixed  to  said  writing  is  the  corporate  seal  of  said  corporation"  (or, 
the  seal  of  said  association,  as  the  case  may  be),  and  say:  "Said  cor- 
poration (or  association)  has  no  seal."  And  in  such  case  omit  the  word 
"sealed"  after  the  words  "signed  and,"  and  insert  in  lieu  of  it  the  word 
"executed."] 

No.  234.    Wisconsin — Acknowledgment  by  Single  Person, 

State  of  Wisconsin, 
County  of ,  ss. 

Be  it  remembered,  that  on  this  day  came  before  me,  the  undersigned, 
,  a  notary  public  within  and  for  the  county  aforesaid,  duly  com- 
missioned and  acting,  ,  to  me  well  known  as  the  grantor  [or  lessor, 

etc.,  as  may  be]  in  the  foregoing  deed  [or  lease,  etc.]  and  stated  that 
he  had  executed  the  same  for  the  consideration  and  purposes  therein 
mentioned  and  set  forth. 

Witness  my  hand  and  seal,  as  such  notary  public,  on  this  day 

of ,  19—. 

[Official  seal]  [Official  signature.] 

No.  235,    Wisconsin — Acknowledgment  by  Corporation. 

State  of  Wisconsin, 

County  of ,  ss. 

Be  it  known  that  on  the  day  of ,  A.  D.  19 — ,  before  me,  a 

notary  public  in  and  for  the  said  county  of and  state  of  Wisconsin, 

personally  appeared  ,  president,  and  ,  secretary,  of  com- 
pany, personally  known  to  me  to  be  such  president  and  secretary,  and 
to  be  the  same  persoiis  who  executed  the  foregoing  instrument  for  and 
on  behalf  of  the  said  company,  and  whose  names  are  thereto  sub- 


83  Acknowledgments.  Forms  236-238 

scribed,  and  severally  duly  acknowledged  that  they  signed,  scaled  and 
delivered  said  instrument  as  such  president  and  secretary,  and  as  the 

free  and  voluntary  act  of  said company,  for  the  uses  and  purposes 

therein  set  forth;  and  the  said  and  ,  being  by  me  first  duly 

sworn,  did  each  depose  and  say  that  they  are  respectively  the  president 

and  secretary,  as  hereinbefore  stated,  of  said  company;  that  they 

know  the  corporate  seal  of  said  company;  that  the  seal  affixed  to  the 

foregoing  instrument  is  the  corporate  seal  of  said  company;  that 

it  was  affixed  by  order  of  the  board  of  directors  of  said  company  duly 
made,  and  that  they  signed  their  respective  names  thereto  as  such  presi- 
dent and  secretary  by  like  order. 

Given  under  my  hand  and  seal  this day  of ,  A.  D.  19 — . 

[Notarial  seal]  ,  Notary  Public. 

My  commission  expires  . 

No.  236.    Wisconsin  —  Certificate  of  Acknowledgment  Before  Notary 
Public  by  Husband  and.  Wife. 

State  of  Wisconsin, 

County  of ,  ss. 

Personally  came  before  me  this day  of ,  19 — ,  the  above  [or 

within]  named  A.  B.  and  C.  B.,  his  wife  [or  if  an  officer,  adding  name 
of  his  office],  to  me  known  to  be  the  persons  who  executed  the  foregoing 
[or  within]  instrument  and  acknowledged  the  same. 

[Signature  and  designation  of  officer.] 

No.  237.    Wyoming — Acknowledgment — General  Form. 

State  of  Wyoming, 
County  of  Laramie, — ss. 

I  [here  give  the  name  of  the  officer  and  his  official  title],  do  hereby 
certify  that  [name  of  the  grantor,  and  if  acknowledged  by  a  wife,  her 
name,  and  add  "his  wife"]  personally  known  to  me  to  be  the  same  per- 
son whose  name  is  [or  are]  subscribed  to  the  foregoing  instrument, 
appeared  before  me  this  day  in  person,  and  acknowledged  that  he  [she 
or  they]  signed,  sealed  and  delivered  said  instrument  as  his  [her  or 
their]  free  and  voluntary  act,  for  the  uses  and  purposes  therein  set 
forth. 

[Signature.] 

NOTE.— Wyoming,  Comp.  Stats.  1910,  sec.  3644. 

No.  238.    Wyoming — Acknowledgment^  When  Releasing  Homestead. 

State  of , 

County  of ,  ss. 

I,  ,  do  hereby  certify  that  ,  personally  known  to  me  to  be 

the  same  person  whose  name  is  subscribed  to  the  foregoing  instrument, 
appeared  before  me  this  day  in  person,  and  acknowledged  that  he  signed, 


Forms  239, 240  Cowdery's  Form  Book.  84 

sealed  and  delivered  said  instrument  as  his  free  and  voluntary  act,  for 
the  uses  and  purposes  therein  set  forth  [including  the  release  and  waiver 
of  the  right  of  homestead] . 

Given  under  my  hand  and  seal  this day  of ,  191 — •. 

[Seal]  [Official  signature.] 

No.  239.    Wyoming — Acknowledgment  by  Married  Woman  Where  Right 
of  Homestead  is  Involved. 

State  of  , 


County  of ,  ss. 

I,  ,  do  hereby  certify  that  ,  wife  of  ,  known  to  me  to 

be  the  same  person  whose  name  is  subscribed  to  the  foregoing  instru- 
ment, personally  appeared  before  me  this  day,  and  acknowledged  that 
she  signed,  sealed,  and  delivered  said  instrument  as  her  free  and  vol- 
untary act  for  the  purposes  therein  set  forth,  including  the  release  and 
waiver  of  the  right  of  homestead. 

In  witness  whereof  [etc.]. 

[Seal]  [Official  signature.] 

No.  240.    Acknowledgment  Before  United  States  Con^td. 

United  States  Consulate  General, 

City  of  Paris,  Republic  of  France, — ss. 

On  the  day  of  ,  191 — ,  before  me,  the  consul-general 

[or  vice-consul-general]   of  the  United  States  of  America,  resident  in 

[as  city  and  country  may  be],  personally  came ,  to  me  known, 

and  known  to  me  to  be  the  individual  described  in  and  who  executed 
the  foregoing  instrument,  and  he  duly  acknowledged  that  he  executed 
the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal 
of  the  United  States  consulate  at  the  city  of  Paris,  Republic  of  France, 
the  day  and  year  first  above  written. 

[Seal]  [Official  signature.] 

NOTE. — Every  secretary  of  legation  and  consular  oificer  is  hereby  au- 
thorized, whenever  he  is  required  or  deems  it  necessary  or  proper  so  to 
do,  at  the  post,  port,  place  or  within  the  limits  of  his  legation,  consulate 
or  commercial  agency,  to  administer  to  or  take  from  any  person  an  oath, 
affirmation,  affidavit  or  deposition,  and  to  perform  any  notarial  act  which 
any  notary  public  is  required  or  authorized  by  law  to  do  within  the  United 
States.  Every  such  oath,  affirmation,  affidavit,  deposition  and  notarial  act 
administered,  sworn,  affirmed,  taken,  had  or  done,  by  or  before  any  such 
officer,  when  certified  under  his  hand  and  seal  of  office,  shall  be  as  valid 
and  of  like  force  and  effect  within  the  United  States,  to  all  intents  and 
purposes,  as  if  administered,  sworn,  affirmed,  taken,  had,  or  done,  by  or 
before  any  other  person  within  the  United  States  duly  authorized  and 
competent  thereto:  See  U.  S.  Rev.  Stats.,  sec.  1750. 


85  Acknowledgments — Admission  to  Practice.     Form  241 

No.  241.    Certificate  of  Of5.cer's  Authority. 

State  of , 

County  of ,  ss. 

I,  ,  clerk  of  the  court  in  and  for  said  county,  which  court 

is  a  court  of  record,  having  a  seal,  do  hereby  certify  that  ,  by  and 

before  whom  the  foregoing  acknowledgment  was  taken,  was,  at  the  time 
of  taking  the  same,  a  notary  public,  residing  in  said  county,  and  was 
duly  authorized  by  the  laws  of  said  state,  to  take  and  certify  acknowl- 
edgments or  proofs  of  deeds  of  land  in  said  state,  and,  further,  that  I 

am  well  acquainted  with  the  handwriting  of  said ,  and  that  I  verily 

believe  that  the  signature  to  said  certificate  of  acknowledgment  is 
genuine. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed  the 
seal  of  the  said  court  this day  of ,  191 — . 

[Seal]  [Official  signature.] 

ADJUDICATION. 

Adjudioation  that  Debtor  is  not  Bankrupt,  No.  670. 
Adjudication  of  Bankruptcy,  No.  671. 

ADMINISTRATORS. 

See  Executors  and  Administrators. 
Administrator's  Lease,  No.  3023. 

ADMISSION. 

Admission  of  Service  of  Order  to  Show  Cause  on  Sale  of  Real  Estate, 
No.  3079. 

ADMISSION  TO  PRACTICE. 

245.  Application  for  admission. 

246.  Certificate  of  qualifications  after  examination, 

247.  Certificate  of  qualification — Oath  of  attorney. 

248.  Oath  of  attorney  at  law — Colorado. 

249.  Oath  of  attorney  at  law — South  Dakota. 

INTRODUCTORY  NOTE. 

Anyone  having  a  license  entitling  him  to  practice  law  before  the 
supreme  court  of  any  state  or  territory  will  be  admitted  on  motion, 
before  the  appellate  court,  on  presentation  of  such  license  and  evi- 
dence of  good  moral  character,  to  practice  in  all  the  courts  of  this 
state;  otherwise,  he  will  have  to  take  the  regular  public  oral  ex- 
amination. Every  citizen  of  the  United  States,  or  resident  of  this 
state,  who  has  bona  fide  declared  his  intention  of  becoming  a  citi- 
zen, who  has  been  licensed  to  practice  in  another  jurisdiction  where 
the  common  law  is  the  basis  of  the  prevailing  law,  may  be  admitted 
to  practice  in  this  state  by  any  district  court  of  appeal  upon  pro- 


Cowdery's  Form  Book.  86 

duction  of  sueh  license  and  proof  of  good  moral  character;  but 
the  court  may  examine  the  applicant  as  to  his  qualification.  Such 
motions  and  examinations  are  now  held  before  the  district  courts  of 
appeal,  of  which  there  are  three :  First  district,  in  San  Francisco ; 
second  district,  in  Los  Angeles ;  and  third  district,  in  Sacramento. 

The  fourth  Monday  of  each  month  is  the  regular  motion  day  of 
each  district  court  of  appeal,  but  motions  can  be  made  any  time  that 
the  courts  are  in  session. 

The  rule  governing  applications  for  admission  to  practice,  on 
examination,  is  as  follows : 

1.  Applicants  for  license  to  practice  as  attorneys  and  counselors 
will  be  examined  in  open  court,  and  at  such  regular  times  as  each 
district  court  shall  fix.  Until  further  order  the  examination  will 
be  based  upon  the  following  books:  Blackstone's  Commentaries, 
Kent's  Commentaries,  Greenleaf 's  Evidence  (first  volume),  Story's 
Equity  Jurisprudence,  Gould's  Pleading,  Lube's  Equity  Pleading, 
Parsons  on  Contracts,  Pomeroy's  Introduction  to  Municipal  Law, 
Code  of  Civil  Procedure,  Civil  Code,  Constitutions  of  the  United 
States  and  of  the  State  of  California.  Persons  applying  for  ad- 
mission, whether  upon  examination  or  motion,  must  personally  ap- 
pear in  court  at  the  time  the  application  for  admission  is  made.  No 
applicant  will  be  examined  unless  there  shall  have  been  filed  with 
the  clerk  of  the  court,  before  the  day  on  which  the  examination  is 
held,  a  certificate  signed  by  at  least  two  attorneys  of  the  court, 
each  of  whom  shall  have  been  regularly  engaged  in  practice  as  such 
attorney  for  at  least  four  years  next  theretofore,  stating,  in  sub- 
stance, that  they  have,  and  that  each  of  them  has,  carefully  and 
diligently  examined  the  applicant  in  point  of  learning  in  the  law ; 
that  it  satisfactorily  appeared  to  them,  and  to  each  of  them,  upon 
such  examination,  that  the  applicant  had  been  engaged  in  the  study 
of  the  law  for  a  period  of  time  to  be  named  in  the  certificate,  nam- 
ing the  place  at  which,  and  the  person  under  whom,  if  any,  such 
study  had  been  prosecuted;  that  the  applicant  had,  during  that 
time,  read  certain  books  of  law,  which  books  shall  be  enumerated  in 
the  certificate;  and  stating  any  other  fact  tending  to  show  the 
character  of  the  attainments  of  the  applicant,  and  also  stating 
that,  in  their  opinion,  the  applicant  possesses  the  requisite  qualifica- 
tions in  point  of  learning  in  the  law  to  be  entitled  to  be  admitted  to 
practice. 

2.  The  fee  for  license  must,  in  all  cases,  be  deposited  with  the 
clerk  of  such  court  before  the  application  is  made,  to  be  returned  to 
the  applicant  in  case  of  rejection.     (Fee,  $10.) 

3.  No  person  rejected  shall  be  at  liberty  to  renew  the  application 
in  any  court  earlier  than  six  inonths  after  such  rejection. 


87  Admission  to  Practice.  Forms  245  -2-17 

No.  245.    Application  for  Admission. 

To  the  Honorable  the  Presiding  Justice  and  Associate  Justices  of  the 
District  Court  of  Appeal  in  and  for  the  First  Appellate  District. 

The  undersigned  respectfully  applies  for  admission  to  practice  as  an 
attorney  and  counselor  at  law  in  all  the  courts  of  this  state,  if  found 

qualified  upon  examination.     I  am  years  of  age,  a  citizen  of  the 

United  States,  and  reside  at  .     Herewith  I  present  the  certificate 

required  by  the  rule  of  the  supreme  court  and  of  the  district  court  of 
appeal  in  and  for  the  first  appellate  district  and  section  276  of  the  Code 
of  Civil  Procedure. 

Dated ,  19—. 

[Signature.] 

No.  246.    Certificate  of  Qualifications  After  Examination. 

In  the  Matter  of  the  Application  of to  be  Admitted  to  Practice. 

To  the  Honorable  the  Presiding  Justice  and  the  A.ssociate  Justices  of 

the  District  Court  of  Appeal  in  and  for  the  First  Appellate  District 

of  the  State  of  California. 
We  the  undersigned,  attorneys  of  your  honorable  court,  respectfully 
certify  that  we  are,  and  each  of  us  has  been,  duly  licensed  and  reg-ularly 
engaged  in  practice  therein  for  the  period  of  four  years  last  past;  that 

we  have,  and  each  of  us  has,  carefully  and  diligently  examined  , 

the  above-named  applicant,  touching  his  qualifications  in  point  of  learn- 
ing in  the  law  to  be  admitted  to  practice ;  that  it  satisfactorily  appears 
to  us,  and  each  of  us,  upon  such  examination,  that  the  said  applicant  has 

been  engaged  in  the  study  of  the  law  for  the  period  of  years  at 

,  under  the  supervision  of ;  that  said  applicant  has  during  said 

period  read  the  following  books  of  law,  viz.:  ;  that  said  applicant 

is  known  to  us  to  be  a  person  of  good  moral  character,  and,  in  our 
opinion,  possesses  the  requisite  qualifications  in  point  of  learning  in  the 
law  to  be  entitled  to  admission  to  practice. 

Witness  our  hands  the day  of ,  19 — , 

[Signatures.] 

No.  247.    Same— Oath  of  Attorney. 

District  Court  of  Appeal  of  the  State  of ,  in  and  for  the Appel- 
late District, — ss. 
I  do  solemnly  swear  that  I  will  support  the  constitution  of  the  United 

States  and  of  the  state  of ,  and  that  I  will  faithfully  discharge  the 

duties  of  an  attorney  and  counselor  at  law  of  the  several  courts  of  this 
state  to  the  best  of  my  knowledge  and  ability. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  278;  Montana,  Eev.  Codes  1907, 
sec.  6384. 


Forms  248, 249  Cowdery's  Form  Book.  88 

No.  248.    Oath  of  Attorney  at  Law — Colorado. 

State  of , 

Count}^  of ,  ss. 

I,  ,  do  solemnly  swear,  by  the  ever-living  God  [or,  I,  ,  do 

solemnly  and  truly  declare  and  affirai  under  the  pains  and  penalties  of 
perjury],  that  I  will  support  the  constitution  of  the  United  States  and 

of  the  state  of ,  and  that  I  will  in  all  things  faithfully  execute  the 

duties  of  an  attorney  and  counselor  at  law  according  to  the  best  of  my 
understanding  and  abilities. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

No.  249.    Oath  of  Attorney  at  Law— South  Dakota, 

State  of , 

County  of ,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution  of  the  United 

States,  and  the  constitution  of  the  state  of  ;  that  I  will  do  no 

falsehood  or  consent  that  any  be  done  in  court,  and  if  I  know  of  any 
that  I  will  give  knowledge  thereof  to  the  judges  of  the  court,  or  some 
one  of  them,  that  it  may  be  reformed ;  that  I  will  not  willingly,  willfully, 
or  knowingly  promote,  sue  or  procure  to  be  sued  any  false  or  unlawful 
i/uit,  or  give  aid  or  consent  to  same;  and  that  I  will  delay  no  man  for 
lucre  or  malice,  but  will  act  in  the  office  of  attorney  and  counselor  at 
law  to  my  best  learning  and  discretion,  with  all  good  fidelity  as  well 
to  the  court  as  to  my  client.     So  help  me  God. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

ADOPTION. 

250.  Petition  for  leave  to  adopt  minor. 

251.  Consent  to  adoption. 

252.  Consent  to  adoption — Wyoming. 

253.  Agreement  to  adopt. 

254.  Order  of  adoption. 

255.  Decree  of  adoption. 

INTRODUCTORT  NOTE. 

Any  person  desiring  to  adopt  a  child  may,  for  that  purpose,  peti- 
tion the  superior  court  of  the  county  in  which  the  petitioner  re- 
sides. The  (1)  persons  adopting  a  child,  and  (2)  the  child 
adopted,  and  (3)  the  other  persons,  if  within  or  residents  of  said 
county,  whose  consent  is  necessaiy,  must  appear  before  the  court, 
and  (4)  the  necessary  consent  must  thereupon  be  signed  and  (5) 
an  agreement  executed  by  the  person  adopting,  to  the  effect  that 
the  child  shall  be  adopted  and  treated  in  all  respects  as  his  own 


89  Adoption.  Forms  250, 251 

lawful  child  should  be  treated.  If  the  persons  whose  consent  is 
necessary  are  not  within  or  are  not  residents  of  said  county,  then 
(6)  their  written  consent,  duly  proved  or  acknowledged,  (7)  must 
be  filed  in  said  superior  court  at  the  time  of  the  application  for 
adoption. 

NOTE.— California,  Civ.  Code,  see.  226. 

No.  250.    Petition  for  Leave  to  Adopt  Minor, 

[Title  of  Court  and  Matter.] 

To  the  Honorable  the  Court  of  the  ,  County  of  ,  State 

of . 

Your  petitioners, and ,  respectfully  represent  as  follows : 

That  they  desire  to  adopt  a  minor  child,  namely,  ,  as  their  own 

child;  and  that  said  child  is ( — )  years  of  age; 

That  your  petitioners  are  married,  and  are  husband  and  wife;  and 
that  they  are  both  residents  of ; 

That  the  parents  of  said  minor  child  are and ,  who  consent 

that  such  adoption  be  made  by  petitioners; 

That  consent  to  such  adoption  is  in  writing,  signed  by  all  parties 
whose  consent  is  required  by  law,  and  is  on  file  herein; 

That  the  welfare  of  such  child  will  be  subserved,  and  its  best  interests 
promoted,  by  such  adoption. 

Your  petitioners  therefore  pray  for  an  order  of  this  court  that  said 
petitioners  have  adopted  said  minor  child,  and  that  henceforth  such 
child  shall  be  regarded  and  treated  in  all  respects  as  the  child  of  peti- 
tioners, including  the  right  of  support,  protection,  and  inheritance. 

Dated ,  191—. 

— ,  Petitioner. 

No.  251.    Consent  to  Adoption. 

[Title  of  Court  and  Matter.] 

A  petition  having  been  filed  in  the  above-entitled  court  for  leave  to 
adopt ,  a  minor  child  of and ,  the  undersigned  hereby  con- 
sent to  the  said  adoption  in  accordance  with  such  petition. 

[Signatures.] 

NOTE. — Father,  mother,  guardian,  minor  child,  if  over  twelve  years  of 
age,  and  of  husband  or  wife  adopting  should  sign.  When  the  consent  of 
the  husband  or  wife  of  the  person  adopting  is  required  by  statute,  as  in 
California,  the  consent  should  also  be  signed  by  such  husband  or  wife. 


Forms  252-254  Cowdeey's  Form  Book.  90 

No.  252.    Consent  to  Adoption — Wyoming. 

[Title  of  Court.] 

To  Isaac  Bergman,  Judge  of  Probate: 

The  undersigned,  Mrs.  Esther  Leonard,  would  respectfully  represent 
that  she  is  the  mother  of  Emily  Leonard,  a  minor  female  cliild  of  the 
age  of  four  years,  and  is  willing  to  relinquish  all  right  to  the  said  Emily 
Leonard  to  Michael  Powell  and  Elizabeth  Powell,  his  wife,  who  have 
signified  their  willingness  to  adopt  said  child  and  to  assume  the  relation 
of  parents  to  her;  and  she  further  represents  that  she  is  a  resident  of 
Laramie  county,  Wyoming. 

Sworn  to  and  subscribed  to  [etc.]. 

[Signature.] 

NOTE.— Precedent  in  Nugent  ▼.  Powell,  4  Wyo.  173,  62  Am.  St.  Eep.  17, 
20  L.  R.  A.  199,  33  Pac.  23. 

No.  253.    Agreement  to  Adopt, 

[Title  of  Court  and  Matter.] 

A  petition  having  been  filed  in  the  above-entitled  conrt  for  leave  to 

adopt ,  a  minor  child  of and  ,  and ,  ,  ,  , 

and ,  having  filed  in  the  said  court  their  consent  in  writing  to  such 

adoption  : 

Now  therefore,  in  consideration  of  the  filing  of  such  consent  as  re- 
quired by  law,  and  of  the  entry  of  an  order  of  said  court  permitting 
said  adoption  to  be  made  as  prayed  for  in  said  petition,  the  undersigned, 
the  petitioners,  who  are  residents  of  the  county  in  which  such  order  of 
adoption  is  made,  hereby  agree  with  said  minor,  and  with  said  other 

persons,  whose  consent  has  been  filed  as  aforesaid,  that  the  said  

shall  be  adopted,  and  is  now  adopted,  as  our  own  child,  and  that  such 
minor  child  shall  be  treated  in  all  respects  as  our  own  lawful  child  should 
be  treated,  including  the  right  of  support,  protection,  and  inheritance. 

In  witness  whereof  we  have  hereunto  set  our  hands  this  day  of 

.  19-. 

[Signatures.] 

No.  254.    Order  of  Adoption. 

[Title  of  Court  and  Proceeding.] 

It  being  shown  to  this  court,  in  the  above-entitled  matter,  that  

and  ,  on  the day  of ,  191 — ,  filed  a  petition  in  said  court 

for  leave  to  adopt ,  a  minor  child  of and ;  that  said  minor 

child,  ,  is  over  the  age  of years,  and  that  his  consent,  in  writ- 
ing, to  his  adoption  by  said  petitioners,  has  been  signed  before  me  and 
filed  herein;  that  the  said  — —  is  the  father  of  said  minor  child;  that 
the  said is  the  mother  of  said  minor  child;  that is  the  guardian 


91  Adoption — Adverse  Claims.  Form  255 

of  said  minor  child;  that  the  consent  of  the  said  father,  mother,  and 
guardian  of  said  minor  child,  to  his  adoption  by  said  petitioners,  has 
been  signed  before  me  and  filed  herein;  and  that  said  petitioners  have 
filed  herein  an  agreement  properly  signed,  before  me,  with  said  minor 
child,  and  with  each  person  whose  consent  has  been  filed  herein,  that 
the  said  minor  child  shall  be  adopted  by  the  said  petitioners,  and  treated 
in  all  respects  as  their  own  lawful  child  should  be  treated,  including  the 
right  of  inheritance;  and  the  said  matter  now  coming  regularly  on  for 
hearing,  the  court  proceeds  to  an  examination  of  the  case,  and  finds  that 
said  petitioners,  and  the  said  minor  child,  and  all  persons  whose  consent 
is  necessary,  have  each  appeared  herein,  and  were  examined  as  provided 
by  law;  that  each  of  said  petitioners  resides  in  this  county  and  that 

the  interests  of  ,  the  said  minor  child,  will  be  promoted  by  such 

adoption : 

It  is  therefore  ordered,  adjudged,  and  decreed  that  the  said  petitioners, 

and  ,  adopt  the  said  minor  child;   that  henceforth  the  said 

minor  child  shall  be  treated  by  them  in  all  respects  as  their  own  lawful 
child  should  be  treated,  including  the  right  of  inheritance ;  and  that  said 
petitioners  and  the  said  minor  child  shall  hereafter  bear  towards  each 
other  the  relation  of  parent  and  child. 

Dated ,  19—. 

Judge  of  the Court. 

No.  255.    Decree  of  Adoption. 

County  of  Tulare, — ss. 

The  hereto  attached  agreement  of  Samuel  Evans,  adopting  the  minor 
child,  Hattie  Brown,  aged  about  nine  years,   whose  parents   are  both 
dead,  is  hereby  approved  by  me,  and  ordered  filed  with  the  county  clerk 
of  said  Tulare  county,  state  of  California. 
Dated  January,  16,  1882. 

William  W.  Cross, 
Superior  Judge. 

NOTE. — This  order  of  adoption  was  upheld  in  In  re  Evans,  106  Cal.  562, 
39  Pac.  860,  and  was  held  to  fulfill  the  requirements  of  section  227  of  the 
California  Civil  Code,  relating  to  the  adoption  of  children;  Garoutte,  J.,  say- 
ing that  "the  statute  lays  down  no  rules  by  which  the  form  of  the  judge's 
order  should  be  measured  and  its  sufficiency  tested.  The  real  purpose  of  the 
statute  in  requiring  the  parties  to  come  before  the  judge  is  to  enable  him 
either  to  ratify  or  reject  the  contract  of  adoption,  as  seems  best  to  him  in 
the  interest  of  the  child;  and  such  was  the  course  pursued  in  the  present 
«ase." 

ADVERSE  CLAIMS. 

See  Quiet  Title. 
AdyerBe  Claim  on  Application  for  Mining  Patent,  No.  2644. 


Cowdery's  Form  Book.  92 

AFFIDAVITS. 

265.  Affidavit— General, 

267.  Afiidavit  of  posting  probate  notice. 

268.  Aliidavit  of  posting  any  notice, 

269.  Affidavit  of  posting  notice  of  settlement  of  account. 

270.  Affidavit  of  service  of  notice  or  paper  upon  attorney  or  party,  by 

delivery. 

271.  Affidavit  of  service  of  notice  or  paper  upon  attornoy,  absent  from 

office,  by  leaving  it  with  clerk  or  person  in  charge, 

272.  Affidavit  of  service  of  notice  or  paper  upon  attorney  whose  office  is 

open  but  no  one  in, 

273.  Affidavit  of  service  of  notice  or  paper  upon  attcme;'-  whose  office  is 

not  open,  but  whose  residence  is  in  same  county  with  office. 

274.  Affidavit  of  service  of  notice  or  paper,  by  mail,  upon  attorney  whose 

office  address  is  knovra  but  whose  residence  is  unknown. 

275.  Affidavit  of  service  of  notice  or  paper,  by  mail,  upon  attorney  whose 

office  address  is  unknown  but  whose  residence  is  known. 

276.  Affidavit   of  service   of  notice  or  paper  upon  attorney,  neither  his 

office  address  nor  residence  being  known. 

277.  Affidavit  of  service  of  notice  or  paper  upon  party  whose  residence  is 

known. 

278.  Affidavit  of  service  of  notice  or  paper  upon  party  whose  residence  is 

not  known, 

279.  Affidavit  by  redemptioner. 

280.  Affidavit  of  merits. 

281.  Affidavit  on  motion  for  leave  to  file  supplemental  complaint. 

282.  Affidavit  by  attorney  of  service  by  mail. 

283.  Affidavit  by  third  person  of  service  by  mail. 

CROSS-REFERENCES. 

Affidavit,   Annual,   by   Corporation,   No.   1319, 

Affidavit  Constituting   Articles    of   Incorporation    of    Church    or   Society — 

Utah,   No.   1342. 
Affidavit  for  Attachment,  No.  563. 

Affidavit  for  Attachment  Against  Nonresident,  No.  564, 
Affidavit  for  Attachment — Justice's   Court — New  Mexico,  No,  567, 
Affidavit  for  Attachment — New  Mexico,  No,  566. 
Affidavit  for  Attachment  When  Plaintiff  has  Lien  upon  Logs  and  Timber 

for  Labor  Performed,  No,  2512. 
Affidavit  for  Change  of  Place  of  Trial  on  Ground  of  Interest,  Prejudice  or 

Bias — Justice's   Court,  No,  866d, 
Affidavit  for  Change  of  Place  of  Trial  on  Account  of  Bias  or  Prejudice  of 

Citizens — Justice's  Court,  No.  S66b, 
Affidavit  for  Change  cf  Place  of  Trial  Because  of  Justice  Being  a  Witness — • 

Justice's  Court,  No,  866c. 
Affidavit  for  Change  of  Venue,  No,   865, 
Affidavit  for  Continuance,  No,  1154, 
Affidavit  for  Garnishmont,   No.   601. 

Affidavit  for  Order  for  Nonresident  "Witnegs  to  Attend,  No.  3436. 
Affidavit  for  Order  of  Arrest — Departing  to  Defraud  Creditors,  No,  434, 
Affidavit  for  Order  of  Arrest — Money  Received  in  a  Fiduciary  Capacity, 

No.  435, 
Affidavit    for    Order    of    Arrest — Personal    Property    Unjustly    Detained, 

No,  436, 
Affidavit  for  Order  of  Arrest — Fraud  in  Contracting  Debt,  No.  437. 
Affidavit   for   Order   of   Arrest   for   Fraudulent    Concealment    of    Property, 

No.  438, 


93  Affidavits. 

Affidavit  for  Ordor  Shortening  Time  for  Examination  of  "Witness,  No.  1540. 

Affidavit  for  Publication  Where  Defendant  Resides  Out  of  the  State, 
No.  3574. 

Affidavit  for  Relief  from  Default,  No.  1502. 

Affidavit  for  Removal  of  Executors  for  Mismanagement,  No.  1811. 

Affidavit  for  Substitution  of  Party,  No.  3500. 

Affidavit  for  Transfer  of  Securities,  Deposits,  etc..  No.  2130. 

Affidavit  in  Support  of  Motion  for  New  Trial  on  Ground  of  Abuse  of  Dis- 
cretion by  Court,  No.   2761. 

Affidavit  of  Administrator  to  Inventory  and  Appraisement,  No.  2197. 

Affidavit  of  American  Manufacture  of  Copyright  Book,  No.  1259. 

Affidavit  of  Annual  Work  and  Improvements,  No.  2624. 

Affidavit  of  Appraisers  to  Inventory  and  Appraisement,  No.  2198. 

Affidavit  of  Appraisers  to  Their  Bill  for  Services,  No.  2200. 

Affidavit  of  Auctioneer  on  Return  of  Sale  of  Personal  Estate,  No.  3109. 

Affidavit  of  Auctioneer  on  Return  of  Sale  of  Personal  Property,  No.  3110. 

Affidavit  of  Chairman  as  to  Incorporation  of  Joint  Stock  Company  or 
Association — Colorado,  No.  1341. 

Affidavit  of  Chairman  as  to  Incorporation  of  Society,  Church  or  Congrega- 
tion—Colorado, No.  1324. 

Affidavit  of  Contempt  by  Attorney  in  Willfully  Neglecting  His  Duty, 
No.  1120. 

Affidavit  of  Contempt  by  Clerk  in  Neglecting  to  Enter  Default,  No.  1115. 

Affidavit  of  Contempt  by  Disobedience  of  Subpoena,  No.  1103. 

Affidavit  of  Contempt  by  Dissuading  Witness  from  Attending  Court, 
No.  1119. 

Affidavit  of  Contempt  by  Member  of  Jury  in  Conversing  About  Merits  ot 
Action,  No.  1105. 

Affidavit  of  Contempt  by  Person  Assuming  to  be  Attorney  Without  Au- 
thority, No.   1111. 

Affidavit  of  Contempt  by  Person  Summoned  as  Juror,  Improperly  Con- 
versing About  Merits  of  Action,  No.  1106. 

Affidavit  of  Contempt  by  Re-entry  into  Real  Property  After  Ejectment, 
No.  1118. 

Affidavit  of  Contempt  by  Referee  in  Neglecting  to  Take  Testimony,  No.  1109. 

Affidavit  of  Contempt  by  Unlawful  Interference  With  the  Proceedings  of 
a  Court,  No.   1107. 

Affidavit  of  Contempt  for  Refusing  Permission  to  Take  Copy  of  Account, 
No.  1110. 

Affidavit  of  Contempt  in  Abusing  Process  of  Court,  No.  1112. 

Affidavit  of  Contempt  in  Applying  for  Order  After  Refusal  Thereof  by 
Another  Judge  of  Same  Court,  No.  1113. 

Affidavit  of  Contempt  in   Disobeying  Mandate  of  Court,  No.  1114. 

Affidavit  of  Contempt  in  Refusing  to  Obey  Order  of  Court,  No.  1117. 

Affidavit  of  Contempt  in  Rescuing  a  Person  in  the  Custody  of  an  Officer, 
No.  1108. 

Affidavit  of  Contempt  in  Unlawfully  Detaining  Witness,  No.  1104. 

Affidavit  of  Contempt  in  Willfully  Neglecting  to  Serve  Subpoena,  No.  1116. 

Affidavit  of  Defendant  on  Motion  for  Alimony,  No.  1581. 

Affidavit  of  Five   Hundred  Dollars  Improvements,   No.   2631. 

Affidavit  of  Inability  to  Give  Security  for  Costs — Kansas,  No.  1361. 

Affidavit  of  Location  of  Lode  Claim — Idaho,  No.  2623. 

Affidavit  of  Lost  Bill,  or  Note  in   Bankruptcy,  No.   704. 

Affidavit  of  Finder  of  Lost  Property,  No.  2556. 

Affidavit  of  Mailing  Copy  of  Summons,  No.  3579. 

Affidavit  of  Owner  to  Notice  of  Completion,  No.  2507. 

Affidavit  of  Mailing  Notice  of  Probate  to  Heirs,  No.  3961. 

Affidavit  of  Mailing  Notice  to  Creditors,  No.  551. 


Cowdery's  Form  Book.  94 

Affidavit  of  Merits,  Mos.  2^0.  Sdfi. 

Affidavit  of  Personal  Service  on  Heirs,  No.  3963. 

A/Iidavit  of  Posting  Notice  of  Application  for  Letters  of  Administration, 

No.  1752. 
Affidavit  of  Posting  Notice  of  Sale  of  Real  Estate— Return  Schedule  "A, 

No.  3094. 
Affidavit  of  Publication,  No.  3.5S0. 

Affidavit  of  Publication  of  Notice  of  Sale  of  Personal  Estate,  No.  3108. 
Affidavit  of  Publication  of  Notice  of  Sale  of  Real  Estate— Return  Schedule 

"B,"  No.  3095. 
Affidavit  of  Publication  of  Notice  of  Probate  of  Will,  No.  3962. 
Affidavit  of  Publication  of  Notice  to  Creditors,  No.  2802. 
Affidavit  of  Publication  of  Notice  to  Creditors  by  Assignee,  No.  550. 
Affidavit  of  Rcdemptioner,  No.  1954. 

Affidavit  of  Residence  and  of  Merits  for  Change  of  Place  of  Trial,  No.  864. 
Affidavit  of  Sale    of    Real   Estate    at    Public    Sale— Return    Schedule    "C," 

No.  3096. 
Affidavit  of  Service  of  Subpoena  in  Civil  Proceeding,  No.  3447. 
Affidavit  of  Service  of  Subpoena  in  Criminal  Action,  No.  3448. 
Affidavit  of  Service  of  Summons,  No.  3552. 
Affidavit  of  Sureties  on  Bail  Bond  in  San  Francisco,  No.  2288. 
Affidavit  of  Sureties  on  Official  Bond,  No.  2289. 
Affidavit  on  Behalf  of  Owner  to  Notice  of  Completion,  No.  2508. 
Affidavit  on  Claim  and  Delivery  of  Personal  Property,  No.  884. 
Affidavit  on  Motion  for  Continuance  on  Ground  of  Surprise  by  Forged  Writ- 
ten Evidence,  No.  1155. 
Affidavit  on  Motion  to  Modify  or  Correct  an  Award,  No.  407. 
Affidavit  on  Motion  to  Open  Default,  No.  1501. 
Affidavit  on  Motion  to  Vacate  Judgment  on  Award,  No.  401. 
Affidavit  Required  of  Sole  Trader,  No.  3373. 

Affidavit  That  Arbitrators  have  not  Made  Their  Award,  No.  416. 
Affidavit  That     Defendant     is     Concealing     Himself     to     Avoid     Service, 

No.  3578. 
Affidavit  That  Guardian  Refuses  to  Properly  Support  Ward,  No.  2013. 
Affidavit  That  Infant   ia   Imperiled,   With   Request   That   Guardian   be   Ap- 
pointed, No.  2000. 
Affidavit  That  Notice  of  Filing  Award  has  Been  Served,  No.  400. 
Affidavit  to  Account,  No.  16. 

Affidavit  to  Chattel  Mortgage  on  Behalf  of  Corporation,  No.  2716. 
Affidavit  to  Claim— Oregon,  No.  2520. 

Affidavit  to  Claim  for  Mechanic's  Lien — Washington,  No.  2510. 
Affidavit  to  Claim  of  Lien — Fishing  Industry — Oregon,  No.  2517. 
Affidavit  to  Claim  of  Lien  for  Propagating  Animals,  No.  2515. 
Affidavit  to  Claim  of  Property  by  Third  Person,  No.  894. 
Affidavit  to  Complaint    for    Forcible    Entry    and    Detainer— New    Mexico, 

No.  1904. 
Affidavit  to  Creditor's  Claim,  No.  1386. 
Affidavit  to  Creditor's     Claim     by     Person     Representative     of     Claimant, 

No.  1395. 
Affidavit  to  Creditor's  Claim  of  Corporation  or  Partnership,  No.  1387. 
Affidavit  to  Inventory  of  Assignor  for  Benefit  of  Creditors,  No.  546. 
Affidavit  to  Obtain  Order  for  Examination  of  Judgment  Debtor  in  Supple- 
mentary Proceedings,  No.  3610. 
Affidavit  to  Obtain  Order  for  Examination  of  Debtor  of  Judgment  Debtor, 

or  of  his  Bailee,  No.  3612. 
Affidavit  to  Take  Deposition  of  Witness  Within  State,  No.  1537. 
\ffidavit  to  Take  Deposition  of  Witness  Out  of  State,  No.  1545. 
Affidavit  Where  Creditor  had  no  Notice  by  Reason  of  Absence  from  the 
State,  No.  1388. 


95  Affidavits.  Form  266 

rNTEODUCTOIlT  NOTE. 

AfBdavits  are  used  to  verify  any  paper  in  an  action  or  in  any 
matter  permitted  by  law  to  be  done. 

The  affidavit,  or  a  copy,  certified  by  the  judge  of  the  court  or 
clerk  having  it  in  custody,  is  prima  facie  evidence  of  the  facts 
stated  therein. 

The  affidavit  may  be  taken  before  any  judge  or  clerk  of  any 
court,  or  any  justice  of  the  peace  or  notary  public  in  California. 

If  taken  in  another  state  of  the  United  States,  to  be  used  in 
California,  it  may  be  taken  before  a  commissioner  appointed  by 
the  governor,  or  before  a  notary  public  in  another  state,  or 
before  a  judge  or  clerk  of  a  court  of  record  having  a  seal. 

If  taken  in  a  foreign  country  to  be  used  in  California,  it  must 
be  taken  before  an  ambassador,  minister,  consul,  vice-consul  or 
consular  agent  of  the  United  States,  or  before  any  judge  of  a 
court  of  record  having  a  seal,  in  such  foreign  country. 

If  taken  before  a  judge  of  a  court  in  another  state,  or  in  a 
foreign  country,  the  genuineness  of  the  signature  of  the  judge, 
the  existence  of  the  court  and  the  fact  that  such  judge  is  a 
member  thereof  must  be  certified  by  the  clerk  of  the  conrt  under 
the  seal  thereof. 

NOTE. — Alaska,  Comp.  Laws  1913,  sees.  1469,  1470;  Arizona,  Rev,  Stats. 
(Civ.  Code  1913),  sees.  1764,  1765;  California,  Code  Civ.  Proc,  sees.  2009- 
2015;  Colorado,  Mill's  Ann.  Stats.  1912,  sees.  2253,  2254;  Idaho,  Rev.  Codes 
1907,  sees.  6056,  6057;  Kansas,  Gen.  Stats.  1915,  see.  7238;  Montana,  Rev. 
Codes  1907,  sees.  6332,  7995-7998;  Nebraska,  Rev.  Code  1913,  sec.  7937; 
Nevada,  Rev.  Laws  1912,  sees.  5450-5453;  New  Mexieo,  Stats.  Ann.  1915, 
see.  3932;  North  Dakota,  Comp.  Laws  1913,  sec.  7888;  Oldahoma,  Harris 
&  Day's  Code  1910,  sec.  5068  et  seq.;  Oregon,  Lord's  Oregon  Laws,  sees. 
829,  830;  South  Dakota,  Comp.  Laws  1913,  sec.  508;  Utah,  Comp.  Laws  1907, 
sees.  3442-3448;  Washington,  Rem.  Code,  sees.  59,  60,  8298;  Wyoming,  Comp. 
Stats.  1910,  sec.  4561. 

No.  266.    Affidavit— General, 
State  of  California, 
County  of  Nevada, — ss. 

W.  J.,  being  duly  sworn,  says:  That  on  the  first  day  of  July,  1917,  I 
resided  at  Grass  Valley,  in  said  county;  that  at  the  time  last  aforesaid 
W.  H.  P.  was  a  resident  of  the  same  place.  I  was  well  acquainted  with 
the  said  P.  until  his  death,  which  occurred  on  the  day  aforesaid.  Previ- 
ous to  this,  the  said  P.  informed  me  that  he  was  the  only  son  of  H.  P.  P., 
of  Rochester,  state  of  New  York,  At  the  time  of  his  death  he  was  about 
forty  years  old.  He  had  light  hair  and  blue  eyes.  He  weighed  about 
one  hundred  and  eighty  pounds.  I  am  ready  to  testify  to  the  foregoing 
matters  at  any  time  when  called  upon  to  do  so.  My  age  is  seventy-three, 
and  I  reside  at  Red  Dog,  in  said  county. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 


Forms  267-269  Cowdery's  Form  Book.  96 

No.  267.    Affidavit  of  Posting  Probate  Notice. 

[Title  of  Court  and  Estate.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

B.  L.,  of  said  city  and  county,  being  duly  sworn,  says:  That  he  is  over 
the  age  of  eighteen  years,  not  interested  in  or  a  party  to  the  estate  of 
T.  J.,  deceased;  that  on  the  sixth  day  of  January,  1917,  he  posted  cor- 
rect and  true  copies  of  the  foregoing  notice  in  three  of  the  most  public 
places  in  said  city  and  county,  to  wit,  one  of  the  said  copies  at  the  place 
at  which  the  court  is  held,  one  at  the  United  States  postoffice,  and  une 
at  the  Hall  of  Justice,  in  said  city  and  county. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

No.  268.    Affidavit  of  Posting  Any  Notice. 

State  of  California, 

City  and'County  of  San  Francisco, — ss. 

J.  L.,  being  duly  sworn,  says:  That  he  is  over  the  age  of  eighteen 
years,  and  not  interested  in  nor  a  party  to  the  matter  referred  to  in  the 
annexed  notice;  that  on  the  first  day  of  March,  1917,  he  posted  three 
notices,  of  which  the  above  is  a  copy,  in  three  of  the  most  public  places 
in  the  said  city  and  county,  to  wit,  one  of  said  notices  at  the  United 
States  postoffice,  one  at  the  Hall  of  Justice,  and  one  at  the  place  where 
the  said  superior  court  is  held,  in  said  city  and  county. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

No.  269.    Affidavit  of  Posting  Notice  of  Settlement  of  Account. 

[Title  of  Court  and  Estate.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

R.  S.,  of  said  city  and  county,  being  duly  sworn,  says:  That  he  is  over 
the  age  of  eighteen  years,  not  interested  in  the  estate  of  T.  J.,  deceased, 
and  is  not  a  party  thereto;  that  on  the  sixteenth  day  of  June,  1917.  he 
posted  correct  and  true  copies  of  the  above  notice  in  three  of  the  most 
public  places  in  said  city  and  county,  to  wit,  one  of  said  copies  at  tlie 
place  at  which  the  court  is  held,  one  at  the  United  States  postoffice,  and 
one  at  the  Hall  of  Justice  in  said  city  and  county. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 


97  Affidavits.  Forms  270-272 

No.  270.    AfBdavit  of  Service  of  Notice  or  Paper  upon  Attorney  or 

Party,  by  Delivery. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that,  on  the day  of ,  19 — ,  he 

served  upon  ,  attorney  for  plaintiff  in  the  above-entitled  action,  a 

notice,  a  copy  of  which  is  hereunto  annexed,  by  delivering  such  notice 

to  and  leaving  it  with  him  at  his  office  in ,  in  said  county  and 

state  [or  served  upon ,  a  party  to  the  above-entitled  action,  a  notice 

[or  other  paper],  a  copy  of  which  is  hereunto  annexed,  by  delivering  the 

same  to  him  personally,  at  [naming  the  place],  in  said  county 

and  state]. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  1328;  California,  Code  Civ.  Proc, 
sec.  1011;  Idaho,  Rev.  Codes  1907,  sec.  4889;  Montana,  Eev.  Codes  1907, 
sec.  7146;  Nevada,  Eev.  Laws  1912,  see.  5369;  Utah,  Comp.  Laws  1907, 
sec.  3831;   Washington,  Rem.  Code,  sees.  245-248. 

No.  271.    Afladavlt  of  Service  of  Notice  or  Paper  upon  Attorney,  Absent 
from  Office,  by  Leaving  It  With  Clerk  or  Person  in  Charge. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that,  on  the  —  day  of ,  19 — , . 

attorney  for  plaintiff,  was  absent  from  his  office,  and  that  during  such 

absence  he,  the  said ,  served  upon  the  said a  notice,  a  copy  of 

which  is  hereto  annexed,  by  leaving  such  notice  in  said  office,  with , 

the  clerk  of  said [or  with ,  the  person  then  having  charge  of 

said  office]. 

[Signature.] 

[Jurat.] 

[Official  signature.] 

No.  272.    Affidavit  of  Service  of  Notice  or  Paper  upon  Attorney  Whose 
Office  is  Open,  but  No  One  in. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of ,  ss. 

,  being  duly  sworn,  says  that,  on  the  day  of  ,  19 — , 

he  served  upon ,  attorney  for  plaintiff,  a  notice,  a  copy  of  which  is 

hereto  annexed,  by  leaving  such  notice,  at  the  hour  of  —  o'clock  A.  M., 

Form  Book — 7 


Forms  273, 274            Cowdery's  Form  Book.                                 98 
in  a  conspicuous  place,  namely,  upon  the  office  desk  of  the  said  . 


at  his  office  in ,  in  said  county  and  state,  the  said  office  being  open 

;it  the  time,  but  no  one  being  therein. 

[Signature.] 
[Jurat.] 

[Official  signature.] 

No.  273.  Afladavit  of  Service  of  Notice  or  Paper  upon  Attorney  Whose 
Office  is  not  Open,  but  Whose  Residence  is  in  Same  County 
With  Office. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that,  on  the  day  of  ,  19 — , 

he  served  upon  ,  attorney  for  plaintiff,  a  notice,  a  copy  of  which 

IS  hereto  annexed,  by  leaving  such  notice  at  said  attorney's  residence, 

with  ,  a  person  of  not  less  than  eighteen  years  of  age,  the  said 

attorney's  residence  not  then  being  open  so  as  to  admit  of  service  of 
such  notice,  and  the  said  attorney's  residence  then  being  in  the  same 
county  with  his  office. 

[Signature.] 

f  Jurat.] 

[Official  signature.] 

No.  274.  Affidavit  of  Service  of  Notice  or  Paper,  by  Mail,  upon  Attor- 
ney Whose  Office  Address  is  Known,  but  Whose  Residence  is 
Unknown. 

[Title  of  Court  and  Cause.] 

State  of , 

c'ounty  of ,  ss. 

,  being  duly  sworn,  says  that,  on  the  day  of  ,  19 — , 

he  served  upon  ,  attorney  for  plaintiff,  a  notice,  a  copy  of  which 

is  hereto  annexed,  by  putting  the  same,  inclosed  in  a  scaled  envelope. 

postage  paid,  into  the  postoffice,  directed  to  the  said ,  at ,  that 

being  said  attorney's  known  office  address,  and  his  residence  not  being 
known  [or,  not  in  the  same  county  wnth  his  office;  or,  being  in  the  same 
county,  is  not  open ;  or,  there  is  not  found  thereat  any  person  of  not  less 
than  eighteen  years  of  age]. 

[Signature.] 

[Jurat.] 

[Official  signature.] 


99  Affidavits.  Forms  271  277 

No.  275.  Affidavit  of  Service  of  Notice  or  Paper,  by  Mail,  upon  Attor- 
ney Whose  Office  Address  is  UnknoAvn,  but  Whose  Residence 
is  Known. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that,  on  the  day  of  ,  19 — , 

lie  served  upon ,  attorney  for  plaintiff,  a  notice,  a  copy  of  which  is 

hereto    annexed,  by    putting  the  same,  inclosed  in  a  sealed    envelope, 

postage  paid,  into  the  postoffice,  directed  to  the  said ,  at  ,  that 

being  his  known  place  of  residence,  and  his  office  address  not  being 
known. 

[Signature.] 

[Jurat.] 

[Official  signature.] 

No.  276.  Affidavit  of  Service  of  Notice  or  Paper  upon  Attorney,  Neither 
His  Office  Address  nor  Residence  Being  Known. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  S3. 

,  being  duly  sworn,  says  that,  on  the  day  of  ,  19—, 

he  served  upon  ,  attorney  for  plaintiff,  a  notice,  a  copy  of  which 

is  hereunto  annexed,  by  delivering  the  same  to  the  clerk  of  the  above- 
entitled  court  for  the  said  attorney,  neither  his  office  address  nor  his  resi- 
dence being  known. 

[Signature.] 

[Jurat.] 

[Official  signature.? 

No.  277.  Affidavit  of  Service  of  Notice  or  Paper  upon  Party  Wliog^ 
Residence  is  Known. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 


-,  being  duly  sworn,  says  that,  on  the  day  of  ,  19- 


he  served  upon  ,  a  party  to  the  above-entitled  action,  a  notice,  a 

copy  of  which  is  hereunto  annexed,  by  leaving  the  same,  at  the  hour  of 

o'clock  A.  M.,  at  ,  with  ,  a  person  not  less  than  eighteen 

years  of  age;  said  place  being  said  party's  known  place  of  residence. 

[Signature.] 
[Jurat.] 

[Official  signature.] 


Forms  278-280  Cowdery's  Form  Book.  100 

No.  278.    Affidavit  of  Service  of  Notice  or  Paper  upon  Party  Whose 
Residence  is  not  E^nown. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that,  on  the  day  of  ,  19 — » 

he  served  upon  ,  a  party  to  the  above-entitled  action,  a  notice,  a 

copy  of  which  is  hereunto  annexed,  by  delivering  the  same  to  the  clerk 
of  the  above-entitled  court  for  such  party,  his  place  of  residence  not 
being  known. 

[Signature.] 

[Jurat.] 

[Official  signature.] 

No.  279.    Affidavit  by  Redemptioiier. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  sworn,  says  that  he  is  the  owner  of  the  mortgage,   a 

copy  of  which,  with  the  certificate  of  the  recorder  of  the  county  of , 

is  hereto  attached,  and  marked  "Exhibit  A";  that  the  sum  of dol- 
lars ($ )  is  at  the  date  hereof  actually  due  to  affiant  on  the  lien  of 

said  mortgage. 

[Signature.] 

[Jurat.] 

[Official  signature.] 

No.  280.    Affidavit  of  Merits. 

[Title  of  Court  and  Cause  and  Statement  of  Venue.] 

Personally  appears  V.  E.  Howard,  who,  being  duly  sworn,  makes 
oath  and  says  that  he  is  attorney  for  the  defendants  in  the  above- 
stated  case;  that  he  is  informed  and  believes  that  the  defendants  have 
a  meritorious  defense  of  the  same,  the  suit  being  on  a  contract  for  sink- 
ing a  shaft  or  incline,  and  the  defense,  noncompliance  with  the  contract ; 
that  at  a  former  day  of  this  term  a  demurrer  to  the  complaint  in  this 
case  was  overruled,  and  leave  given  to  answer  in  ten  days ;  that  said  time 
having  expired,  plaintiffs  took  judgment  by  default  on  Monday  last,  and 
after  the  case  was  set  for  trial.  Affiant  states  that  during  the  present 
term  he  has  been  very  much  pressed  for  time,  having  to  discharge  his 
duties  as  district  attorney,  besides  attending  to  all  his  civil  business, 
without  anyone  to  aid  him,  C.  V.  Howard,  his  associate  in  business, 
having  been  all  the  time  absent  in  San  Francisco;  that  subsequently  he 
has  had  many  things  on  his  mind  demanding  his  attention,  and  much 
writing  and  labor;  that  this  case  being  set  for  trial,  affiant  had  adopted 
the  erroneous  idea  that  an  answer  had  been  filed.     Affiant  states  that 


101  Affidavits.  Forms  281, 282 

plaintiffs  have  not  been  injured  by  his  failure  to  file  an  answer,  as  the 
case  could  not  have  been  tried,  and  an  answer  can  now  be  filed  before 
the  case  can  be  reached  on  the  docket.  This  affidavit  is  not  made  for 
delay,  but  that  justice  may  be  done  in  the  premises. 

V.  E.  Howard. 

NOTE. — Precedent  in  How©  v.  Independent  Consol.  Gold    etc.  Min.  Co., 
29   Cal.   72,   74. 

No.  281.    Affidavit  on  Motion  for  Leave  to  File  Supplemental  Complaint. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being  first  duly  sworn,  deposes  and  says:  That  on  the  fifth  day 

of  October,  1916,  plaintiff  commenced  an  action  in  the  above-entitled 
court  against  the  above-named  defendant  upon  two  certain  promissory 
notes,  as  more  fully  shown  in  the  complaint  on  file  in  the  above-entitled 
action,  and  in  the  proposed  supplemental  complaint,  a  copy  of  which 
is  hereunto  annexed  and  hereby  made  a  part  of  this  affidavit  by  refer- 
ence; that  issue  was  joined  thereon  by  the  service  and  filing  of  the 
defendant's  answer  on  the  sixteenth  day  of  December,  1916;  that  said 
cause  is  now  regularly  upon  the  calendar  of  this  court  awaiting  trial  and 
undisposed  of; 

That  on  the day  of  December,  1918,  and  while  said  action  was  still 

pending  and  undisposed  of,  said  defendant  died,  having  first  duly  made 
and  published  his  last  will  and  testament,  by  which  among  other  things 

he  appointed and ,  executrix  and  executor,  respectively,  of  his 

last  will  and  testament ;  that  they  have  proved  said  will  and  that  letters 
testamentary  thereon  have  been  duly  issued  to  them  by  the  superior 
court  of  the  county  of  Alameda,  state  of  California,  and  that  they 
have  duly  qualified  as  such  executrix  and  executor,  respectively,  and 
ever  since  have  been  and  now  are  the  duly  qualified  and  acting  executrix 
and  executor  respectively,  of  the  last  will  and  testament  and  estate  of 
,  deceased;  that  the  above-entitled  action  is  still  pending  and  un- 
determined and  that  no  proceedings  for  substitution  of  defendants 
ha\  e  been  taken  to  the  knowledge  of  your  aflBant. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

No.  282.    Affidavit,  by  Attorney,  of  Service  by  MaiL 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  Is  an  attorney  at  law,  and  is 

the  attorney  of  record  for  the  above-named  plaintiff  in  the  above-entitled 
cause,  and  that  he  resides  at ,  in  the  county  of ,  state  of ; 


Form  283  Cowdery's  Form  Book.  102 

that  is  the  attorney  of  record  for  the  above-named  defendant  in 

said  cause,  and  that  he,  tlie  said  ,  resides  at  ,  county  of  , 

in  said  state;  that  in  each  of  the  said  two  places  there  is  a  United  States 
postoffice,  and  between  said  two  places  there  is  a  regular  daily  com- 
munication by  mail;  that  on  the day  of ,  19—  affiant  served  a 

true  copy  of  the  amended  complaint  herein  on  the  said ,  the  said  at- 
torney of  said   defendant,  by  depositing  such   copy  of  complaint,   on 

said  date,  in  the  postoffice  at ,  in  said  county  of ,  state  of , 

properly  inclosed  in  a  sealed  envelope,  addressed  to  the  said  ,  at- 
torney at  law,  at ,  county  of ,  state  of ,  said  place  of  resi- 
dence, and  prepaying  the  postage  thereon. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — Service  by  mail  is  good  only  where  the  person  making  the  ser- 
vice and  the  person  on  whom  it  is  to  be  made  reside,  or  have  their  offices, 
in  different  places,  between  which  there  is  regular  mail  communication;  and 
the  affidavit  of  service  must  show  a  strict  compliance  with  these  provisions 
of  the  statute;  otherwise,  the  evidence  is  insufficient  to  establish  the  fact 
of  service:  See  Cal.  Code  Civ.  Proc,  sec.  1013. 

No.  283.    Af&davit,  by  Third  Person,  of  Service  by  MaiL 

[Title  of  Cause.] 

State  of , 

County  of ,  S3. 

,  being  duly  sworn,  says  that  he  is  a  resident  of  the  city  of , 

county  of ,  state  of ,  over  the  age  of  eighteen  years,  not  a  party 

to,  nor  interested  in,  the  above-entitled  action,  and  competent  to  be  a 
witness  upon  the  hearing  of  any  proceeding  therein;  that  he  is  a  clerk 
[or,  stenogi-apher ;   or  other  person  connected  with  the  party  making 

the  service]  in  the  office  of ,  an  attorney  at  law ;  that  the  said 

is  the  attorney  of  record  for  the  above-named  plaintiff  in  the  above- 
entitled  cause,  and  resides  at  the  city  of ,  county  of  ,  state  of 

;  that is  the  attorney  of  record  for  the  above-named  defendant 

in  said  cause,  and  that  he,  the  said ,  resides  at ,  county  of , 

in  said  state;  that  in  each  of  the  said  two  places  there  is  a  United  States 
postoffice,  and  between  said  two  places  there  is  a  regular  daily  communi- 
cation by  mail;  that,  on  the  • day  of  ,  19—,  affiant,  acting  for 

and  under  the  direction  of ,  attorney  for  plaintiff  as  aforesaid,  served 

a  true  copy  [etc.]. 


103  Agent  fob  Absentees.  Form  29C 


AGENT  FOR  ABSENTEES. 

290.  Order  appointing  agent  to  take  possession  of  real  estate  for  benefit 

of  nonresident  distributee. 

291.  Account  of  agent  for  absent  person  made  one  year  after  Ms  appoint- 

ment. 

292.  Bond  of  agent  for  absent  distributees. 

293.  Petition  by  agent  to  sell  property. 

294.  Order  for  sale  of  personal  property. 

295.  Order  to  sell  upon  the  settlement  of  account. 

296.  Petition  of  claimant  for  money  deposited  in  the  state  treasury  by 

agent. 

297.  Certificate  entitling  claimant  to  money. 

INTRODUCTORY  NOTE. 

When  any  estate  is  assigned  or  distributed,  by  a  judgment  or 
decree  of  the  court,  to  any  person  residing  out  of,  and  having 
no  agent  in  the  state,  and  it  is  necessary  that  some  person  should 
be  authorized  to  take  possession  and  charge  of  the  same  for  the 
benefit  of  such  absent  person,  the  court  may  appoint  an  agent 
for  that  purpose  and  authorize  him  to  take  charge  of  such  estate, 
as  well  as  to  act  for  such  absent  person  in  the  distribution;  pro- 
vided, that  if  such  estate  be  in  money  when  so  assigned  or  dis- 
tributed, the  executor  or  administrator  of  such  estate  may  deposit 
the  share  of  each  person,  and  in  the  name  of  said  person,  as  far  as 
known,  as  designated  in  said  assignment  or  decree  of  distribution, 
with  the  county  treasurer  of  the  county  in  which  said  estate  is 
being  probated,  w^ho  shall  give  a  receipt  for  the  same,  and  be  liable 
upon  his  official  bond  therefor;  and  said  receipt  shall  be  deemed 
and  received  by  the  court,  or  judge  thereof,  as  a  voucher  in  favor 
of  said  executor  or  administrator,  with  the  same  force  and  effect 
as  if  executed  by  said  assignee,  legatee,  or  distributee. 

NOTE.— California,   Code   Civ.  Proc,   sec.   1691. 

No.  290.     Order  Appointing  Agent  to  Take  Possession  of  Real  Estate 
for  Benefit  of  Nonresident  Distributee. 

[Title  of  Court  and  Estate.] 

Whereas,  it  appearing  to  the  court  from  the  records  of  this  court 
and  the  papers  on  file  in  this  case  and  from  the  testimony  given  before 
the  court  upon  the  settlement  of  the  final  account  of  the  administrator 
that  A.  B.  is  an  heir  at  law  of  the  said  C.  D.,  deceased,  and  that  he  is 
nonresident  of  the  state  of  California,  and  his  habitation,  and  also  his 
residence  being  unknown,  and  all  the  real  estate  situated  in  the  county 
of  Butte,  state  of  California,  described  as  follows,  to  wit  [description], 
was  by  decree  of  final  distribution  assigned  to  said  A.  B.,  and  said  decree 
of  distribution  having,  on  the  3d  day  of  June,  1917,  been  recorded  in 


Form  291  Cowdery's  Form  Book.  104 

!lie  office  of  the  county  recorder  in  book  96  of  Deeds,  at  pages  196,  197, 
198;  and 

Whereas,  it  appearing  to  the  court  that  said  real  estate  is  a  United 
States  patent  for  a  quartz  mine;  and  it  also  appearing  that  to  protect 
said  mine  and  preserve  the  mills  and  other  work  on  it  that  it  is  neces- 
sary to  appoint  an  agent  to  take  charge  of  said  real  estate  and  iinprove- 
ments  for  the  benefit  of  A.  B.,  said  absent  person,  and  to  act  for  him  in 
respect  to  said  distribution; 

It  is  ordered  that  E.  F.  G.  be,  and  he  is  hereby,  appointed  agent  to 
take  possession  and  charge  of  the  property  hereinabove  described  for 
the  benefit  of  said  A.  B.  and  to  act  for  him  in  respect  to  said  distribu- 
tion upon  said  agent's  execution  of  a  bond  to  the  state  of  California  in 
the  sum  of  $20,000,  to  be  approved  by  this  court,  for  the  faithful  man- 
agement and  account  for  the  said  estate  and  as  agent  for  the  said  A.  B. 

[Dated] 

,  Judge. 

NOTE.— Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sec.  1066;  California, 
Code  Civ.  Proc,  sec.  1691;  Idaho,  Rev.  Codes  1907,  sec.  5643;  Montana, 
Rev.  Codes  1907,  sec.  7690;  Nevada,  Rev.  Laws  1912,  sec.  C090;  South 
Dakota,  Comp.  Laws  1913,  sec.  5941;  Utah,  Comp.  Laws  1907.  sec.  3968; 
Washington,  Rem.  Code,  sec.  1715-1;  Wyoming,  Comp.  Stats.  1910,  sec.  5721. 

No.  291.    Account  of  Agent  for  Absent  Person  Made  One  Year  After 
His  Appointment. 

[Title  of  Court  and  Estate.] 

Now  comes  E.  F.  G.  and  making  his  first  annual  account  as  agent  for 
A.  B.,  a  nonresident  of  the  state  of  California,  states  the  facts  to  be  as 
follows : 

First.  That  on  the  day  of  his  appointment  he  took  charge  of  all  the 
real  estate  and  improvements  described  in  the  order  appointing  him, 
and  also  a  large  quantity  of  mining  tools  and  machinery  not  in  place 
or  part  of  the  realty;  all  of  which  has  been  inventoried  and  is  fully 
described  in  schedule  "A"  attached  hereto  and  made  a  part  hereof.  That 
said  personal  property  has  been  appraised  by  H.  G.  and  J.  K.,  who  are 
competent  to  estimate  the  value  of  such  property,  at  $87,326.50.  Said 
property  is  in  every-day  use  and  no  part  of  it  has  been  sold. 

Second.  An  income  has  been  derived  by  said  E.  F.  G.,  from  working 
said  mine  and  selling  the  proceeds  of  $263,727.89,  net. 

Schedule  "B"  attached  hereto  and  made  a  part  of  this  account  con- 
tains a  summary  of  all  the  receipts  and  expenditures  of  said  mine. 

Third.  The  taxes,  amounting  to  $1,760,  have  been  paid.  All  of  said 
property  belongs  to  the  absent  owner,  A.  B. 

Fourth.  During  the  period  covered  by  this  account  the  agent,  E.  F.  G., 
has  paid  himself  a  monthly  compensation  of  $80,  which  includes  his 
board,  washing  and  incidental  expenses  in  managing  said  mine  and 
selling  its  bullion  products.  All  of  which  expenditures  appear  more 
fully  in  schedule  "B"  above  referred  to. 


105  Agent  for  Absentees.  Forms  292, 293 

Fifth.  The  mine  is  now  in  first-class  order  and  the  prospects  are 
briglit  for  valuable  and  extensive  developments  on  the  1600-foot  level 
of  Shaft  No.  2. 

Sixth.  Your  agent  respectfully  requests  the  court  to  increase  his 
compensation,  as  general  manager,  from  $80  to  $100  a  month  until  said 
property  is  sold  and  the  proceeds  paid  into  the  state  treasury.  An 
examination  of  the  expenditures  for  labor  and  supplies  will  show  that 
(lie  wages  paid  to  all  workers  and  officers  in  the  mine  are  below  the 
usual  rates,  but  it  may  be  advisable  to  slightly  increase  the  amount  of 
the  payroll  in  the  near  future. 

[Dated]  [Signature.] 

NOTE.— Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec.  1066;  California, 
Code  Civ.  Proc,  sec.  1694;  Idaho,  Eev.  Codes  1907,  sec.  5646;  Montana, 
Rev.  Codes  1907,  see.  7692;  Nevada,  Rev.  Laws  1912,  sec.  6090;  South 
Dakota,  Comp.  Laws  1913,  sec.  5944;  Utah,  Comp.  Laws  1907,  sec.  3972; 
Washington,  Rem,  Code,  sec.  1715-3;  Wyoming,  Comp.  Stats.  1910,  sec.  5724. 

No.  292.    Bond  of  Agent  for  Absent  Distributees. 
[Title  of  Court  and  Estate.] 

Know  all  men  by  these  presents,  that  we, ,  as  principal,  and 

and  ,  as  sureties,  are  held  and  firmly  bound  to  the  state  of  Cali- 
fornia in  the  penal  sum  of  five  thousand  dollars,  lawful  money  of  the 
United  States,  to  be  paid  to  the  said  state  of  California,  for  which 
payment  well  and  truly  to  be  made  we  bind  ourselves,  our  and  each 
of  our  heirs,  executors,  and  administrators,  jointly  and  severally,  firmly 
by  these  presents. 

SigTied  and  sealed  this  day  of  ,  19 — . 

The  condition  of  the  above  obligation  is  such,  that  whereas  by  an 
order  duly  made  and  entered  by  the  superior  court  of  the  state  of  Cali- 
fornia in  and  for  the  county  of  ,  state  of  ,  the  above-named 

principal  was  appointed  agent  to  receive  and  take  charge  of  the  dis- 
tributive share  of ,  one  of  the  heirs  of ,  deceased,  and  hold  the 

same  subject  to  his  order  and  to  dispose  of  the  same  according  to  law; — 

Now,  therefore,  if  the  said  principal  shall  well  and  faithfully  perform 
the  duties  of  his  said  trust,  then  this  obligation  shall  be  void,  other^vise 
it  shall  remain  in  full  force  and  eifect. 

No.  293.    Petition  by  Agent  to  Sell  Property. 

The  petition  of respectfully  represents  that  on  the  day  of 

,  19 — ,  by  an  order  of  this  court  duly  made  and  entered,  he  was 

appointed  agent  for  ,  and  was  authorized  by  such  order  to  take 

possession  and  charge  of  certain  property  previously  distributed  by  the 
order  of  this  court  to  said ,  to  wit:   [Here  insert  description.] 

That  thereupon  petitioner  qualified  as  such  agent,  and  is  now  the  duly 
qualified  and  acting  agent  of  said for  the  purposes  aforesaid. 


Forms  294, 295  Cowdery's  Form  Book.  106 

That  said  property  has  remained  in  the  hands  of  petitioner  as  such 
agent  for  more  than  one  year  last  past  and  has  not  been  claimed ; 

That  said  property  is  of  such  a  character  that  it  is  a  source  of  constant 
expense,  and  that  the  income  from  said  property  is  much  less  than  such 
expensQ. 

That  said  property  is  constantly  deteriorating  in  value,  and  it  is  for 
the  benefit  of  those  interected  that  it  should  be  sold; — 

Wherefore  petitioner  prays  that  said  property  be  ordered  sold  in  such 
manner  as  to  the  court  may  seem  proper. 

Dated  ,  19—. 

,  Petitioner. 

No.  294.     Order  for  Sale  of  Personal  Property. 
[Title  of  Court  and  Estate.] 

The  petition  of  for  an  order  of  sale  of  the  personal  property 

remaining  in  his  hands  as  agent  for  coming  on  for  hearing  this 

day,  and  it  appearing  to  the  satisfaction  of  the  court  that  said  property 
has  remained  in  the  hands  of  said  petitioner  for  more  than  a  year  last 
past,  and  has  not  been  claimed,  and  that  it  is  for  the  benefit  of  those 
interested  that  it  should  be  sold: 

It  is  therefore  ordered  that  said  personal  property  [insert  description] 
be  sold  by  said  agent  at  public  auction,  after  such  notice  and  in  such 
manner  as  is  provided  by  law  for  the  sale  of  personalty  by  executors 
and  administrators. 

Dated ,  19—. 

,  Judge  of  Superior  Court. 

No.  295.    Order  to  Sell  upon  the  Settlement  of  Account 
[Title  of  Court  and  Estate.] 

,  the  agent  of ,  heretofore  appointed  by  the  order  of  the  court 

herein,  having  filed  his  annual  account  and  a  report  of  his  proceedings 
as  such  agent  as  provided  by  law,  and  the  court  having  examined  wit- 
nesses and  taken  proofs  in  regard  to  said  account,  and  the  court  being 
satisfied  from  such  account  and  proofs  that  it  will  be  for  the  interest 
and  advantage  of  the  persons  interested  that  the  whole  of  the  property 
in  the  hands  of  such  agent  should  be  sold: 

It  is  therefore  ordered  that  said  account  be  and  the  same  is  hereby 
allowed,  confirmed,  and  approved;  and  it  is  further  ordered  that  the 

whole  of  the  property  in  the  hands  of  said ,  as  such  agent,  be  sold 

by  him  at  public  auction,  after  such  notice  and  in  such  manner  as  is 
provided  by  law  for  the  sale  of  personal  property  by  executors  and 
administrators,  and  that  said  agent  report  his  proceedings  under  this 
order  to  this  court;  the  property  affected  by  this  order  is  described  as 
follows,  to  wit:  [Insert  description.] 

Dated  ,  19—. 

,  Judge  of  Superior  Court. 


107  Agents  for  Absentees.  Forms  296, 297 

No.  296.    Petition  of  Claimant  for  Money  Deposited  in  the  State  Treas- 
ury by  Agent. 

[Title  of  Court  and  Estate.] 

The  petition  of  respectfully  shows: 

That  he  is  one  of  the  heirs  of ,  deceased;  that  on  the  day 

of ,  19 — ,  in  the  matter  of  said  estate,  this  court  made  and  entered 

its  decree,  distributing  to  petitioner  certain  property  of  said  estate,  to 
wit  [here  insert  description] ;  that  at  the  date  of  said  decree,  petitioner 

was  not  a  resident  of  this  state,  but  resided  in  the  state  of ;  that 

on  the  last-named  date,  in  pursuance  of  law,  this  court  appointed  one 

an  agent  to  take  possession  of  said  property  for  petitioner,  and 

that  such  proceedings  were  had  herein  that  on  the  day  of  , 

19 — ,  said  agent,  acting  under  the  order  of  this  court,  deposited  the  pro- 
ceeds of  a  sale  of  said  property  in  the  state  treasury  of  this  state ; 

that  petitioner  is  the  identical  person  mentioned  as in  said  decree, 

and  in  all  proceedings  herein  subsequent  thereto,  and  is  entitled  to  said 
proceeds  so  deposited; 

Wherefore  petitioner  prays  that  a  certificate  be  granted  to  him,  show- 
ing that  he  is  entitled  to  receive  from  the  state  treasury  the  proceeds 
of  said  property. 

,  Petitioner. 

,  Attorney  for  Petitioner. 

No.  297.    Certificate  Entitling  Claimant  to  Money. 
[Title  of  Court  and  Estate.] 

It  appearing  from  the  petition  of filed  herein,  and  from  the  evi- 
dence adduced  in  support  thereof,  that  said  is  one  of  the  distrib- 

iitees  of  the  estate  of  ,  deceased,  and  that  the  funds  representing 

his  share  of  the  said  estate  were,  during  his  absence  from  the  state, 
deposited  in  the  treasury  of  this  state  by  due  and  legal  proceedings 
herein,  and  the  court  now  being  fully  satisfied  of  his  right  to  such  funds  : 

It  is  therefore  ordered  and  certified  that  said is  entitled  to  with- 
draw said  funds,  amounting  to dollars,  from  the  state  treasury  of 

this  state. 

Dated  ,  19—. 

— — ,  Judge  of  Superior  Court, 

[Seal]  Attest:  ,  Clerk. 


Form  302  Cowdery's  Form  Book.  108 

AGREED  CASE. 

302.    Submission  of  controversy  without  action. 

INTRODUCTORY  NOTE. 

Parties  to  a  question  in  difference,  which  might  be  the  subject  of 
a  civil  action,  may,  without  action,  agree  upon  a  case  containing 
the  facts  upon  which  the  controversy  depends,  and  present  a  sub- 
mission of  the  same  to  any  court  which  would  have  jurisdiction  if  an 
action  had  been  brought ;  but  it  must  appear,  by  affidavit,  that  the 
controversy  is  real  and  the  proceedings  in  good  faith,  to  determine 
the  rights  of  the  parties.  The  court  must  thereupon  hear  and 
determine  the  case,  and  render  judgment  thereon,  as  if  an  action 
were  depending. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1138. 

No.  302.  Submission  of  Controversy  Without  Action. 
[Title  of  Court  and  Cause.] 
It  is  stipulated  between  the  parties  hereto  as  follows: 
A.  B.,  the  plaintiff,  was,  on  the  first  day  of  May,  1917,  a  real  estate 
agent.  At  the  same  time  C.  D.,  the  defendant,  owned  a  tract  of  land 
in  said  county ;  that  both  plaintiff  and  defendant  reside  in  said  county ; 
that  on  said  day  it  was  agreed  between  plaintiff  and  defendant  that  if 
plaintiff  within  three  months  would  find  a  purchaser  who  would  pay  ten 
thousand  dollars  for  said  land,  that  defendant,  on  demand,  would  pay 
plaintiff  five  hundred  dollars ;  that  on  the  third  day  of  June,  1917,  plain- 
tiff found  a  purchaser,  to  whom  defendant,  on  June  10, 1917,  granted  said 
land  for  ten  thousand  dollars;  that  on  the  tenth  day  of  said  month  of 
June  plaintiff  demanded  of  defendant  five  hundred  and  fifty  dollars, 
which  defendant  refused  to  pay,  and  never  has  paid.  It  is  further  stipu- 
lated that  this  controversy  shall  be,  and  the  same  is,  hereby  submitted 
for  judgment  without  further  testimony. 

[Dated]  [Signature.] 

State  of  California, 
County  of ,  ss. 

A.  B.  and  C.  D.,  being  each  duly  sworn,  says  each  for  himself,  and 
not  one  for  the  other,  that  the  controversy  is  real  and  that  this  proceed- 
ing is  instituted  in  good  faith  to  determine  the  rights  of  said  parties. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  1080;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sec.  510;  California,  Code  Civ.  Proc,  sees.  1138-1140;  Idaho, 
Rev.  Codes  1907,  sec.  5068;  Kansas,  Gen.  Stats.  1915,  sec.  7453;  Nebraska, 


109  Agreements — Alienation  of  Affections.      Form  313 

Rev.  Cocio  1913,  sec.  7719;  Nevada,  Rev.  Laws  1912,  sec.  5252;  Oklahomp. 
Harris  &  Day's  Code  1910,  sees.  5303-5305;  Oregon,  Lord's  Oregon  Laws, 
sec.  193;  South  Dakota,  Comp.  Laws  1913,  sec.  5540;  Utah,  Comp.  Laws 
1907,  sees.  3218-3220;  Washington,  Eem.  Code,  sec.  378;  Wyoming,  Comp. 
Stats.  1910,  sec.  4517. 


AGREEMENT. 

See   Contracts. 

Agreement  as  to  Party-wall,  No.  2900. 

Agreement  for   Conditional   Sale   of   Personal   Property,  Price   Payable   in 

Installments,  No.  1198. 
Agreement  for  Reference  of  Claim,  No.  1389. 
Agreement  for  Sale   of    Real    Property,    Price    Payable    in    Installments, 

No.    1199. 
Agreement  of  Publisher,   No.   2633. 

Agreement  of  Special  Submission  to  Arbitration,  No.  391, 
Agreement  to  Arbitrate,   No.   393. 
Agreement  to  Sell  and  Buy  Land,  No.  1189. 
Agreement  to  Adopt,  No.  253. 
Agreement  With  Agent  to  Sell,  No.  1190. 
Agreement  With  Agent  or  Broker  to  Sell  Land,  No.  1191. 
Agreement  to  Submit    Controversy    to    Arbitration    ia    Fending    Action, 

Nos.  420,  421. 


ALIAS  SUMMONS. 

See   Summons, 

Alias  Summons  in  Action  to  Foreclose  Liens  on   Chattels  or  Trespassing 

Animals — Justice's  Court — North  Dakota,  No.  3554. 
Alias  Summons — Justice'si  Court,  No.  3544. 


ALIENATION  OF  AFFECTIONS. 

313.    Complaint  for  alienation  of  affections. 

No.  313.    Complaint  for  Alienation  of  Affections. 

[Title  of  Court  and  Cause.] 

The  plaintiff  complains  of  the  defendant,  and  alleges  that  on  or  about 
the  ninth  day  of  July,  1888,  in  the  state  of  New  York,  the  plaintiff  was 
lawfully  married  to  one  Edward  L.  Williams,  who  is  the  son  of  defend- 
ant; that  at  all  times  since  the  said  marriage  the  said  Edward  L, 
Williams  and  the  plaintiff  have  been,  and  now  are,  husband  and  wife; 
that  by  reason  of  said  mai-riage  the  plaintiff  became  entitled  to  the  sup- 
port, company,  and  society  of  her  said  husband;  that  from  and  after 
the  time  of  said  marriage,  and  until  the  interference  on  the  part  of  the 
defendant  hereinafter  set  forth,  the  said  Edward  L.  Williams  was  deeply 
attached  to  his  said  wife,  the  plaintiff;  and  the  plaintiff  and  her  said 
husband  lived  happily  together  as  husband  and  wife,  and  but  for  the 
wrongful  and  malicious  acts  of  the  defendant,  hereinafter  set  forth. 


Form  313  Cowdery's  Form  Book.  110 

would  have  continued  so  to  live  together;  that  shortly  after  the  said 
marriage  the  said  defendant,  conceiving  and  harboring  an  intense  dis- 
like of  the  plaintiff,  wrongfully  and  maliciously  sought  to  prejudice  the 
mind  of  said  Edward  L.  Williams  against  the  plaintiff,  and  alienate  his 
affections  from  her,  and  has  ever  since  sought  and  endeavored,  by  subtle 
contrivances,  by  coaxing  and  threats  of  disinheriting  the  said  Edward  L. 
Williams,  to  entice  him  to  separate  himself  from  the  plaintiff,  and  to 
leave  and  desert  her.     Plaintiff  further  alleges  that   on  or  about  the 

day  of ,  1889,  the  plaintiff  and  her  said  husband  were,  by  said 

defendant,  persuaded  and  induced  to  leave  their  home,  in  the  state  of 
New  York,  where  they  had  resided  up  to  said  date,  and  where  plaintiff 
had  friends  and  acquaintances,  and  to  come  to  the  city  of  Denver,  in 
the  state  of  Colorado,  where  the  plaintiff  was  an  entire  stranger;  that  a 
few  days  prior  to  their  said  departure  from  New  York  the  defendant, 
in  pursuance  of  her  said  design  to  alienate  the  affections  of  the  said 
Edward  L.  Williams  from  the  plaintiff,  and  to  entice  him  to  leave  the 
plaintiff,  and  with  a  view  of  having  the  plaintiff,  as  well  as  her  said 
husband  more  completely  in  the  power  of  defendant,  fraudulently  in- 
duced and  procured  him  to  turn  over  and  transfer  to  her,  the  said  de- 
fendant, all,  or  nearly  all  of  his  property,  consisting  of  stock,  bonds, 
securities,  etc.,  of  the  value  of  about  twenty-five  thousand  dollars ;  that 
shortly  after  their  arrival  in  Denver  the  plaintiff  and  her  said  husband 
were  joined  by  the  defendant;  that  said  defendant  upon  her  arrival  in 
Denver  continued,  and  has  at  all  times  since  continued,  her  endeavors 
to  alienate  the  affections  of  the  said  Edward  L.  Williams  from  the  plain- 
tiff, and  to  induce  and  entice  him  to  leave  the  plaintiff.  Plaintiff  avers 
and  alleges  that  the  said  defendant  has,  by  her  said  arts  and  contriv- 
ances, by  threats  made  to  the  said  Edward  L.  Williams,  and  by  mis- 
representing the  plaintiff  to  him,  wrongfully  and  maliciously  alienated 
the  affections  of  her  said  husband  from  the  plaintiff,  and  has  wrongfully 
and  maliciously  enticed  him  to  separate  himself  from  her,  whereby  the 
plaintiff  has  been  deprived  of  the  society,  comfort,  and  support  of  her 
said  husband,  by  reason  of  which  the  plaintiff  has  been  damaged  in  the 
sum  of  fifty  thousand  dollars :  wherefore  plaintiff  demands  judgment,  etc. 

NOTE.— Precedent  in  WiUiama  v.  Williams,  20  Colo.  51,  53,  37  Pae.  614. 


Ill  Animals.  Forms  315, 316 


ANIMALS. 

315.  Complaint  for  Injuries  caused  by  vicious  dog. 

316.  Complaint  for  injuries  caused  by  trespassing  animals. 

No.  315.    Complaint  for  Injuries  Caused  by  Vicious  Dog. 

[Title  of  Cause.] 
The  plaintiff  complains    and  alleges: 

1.  That  on  the  day  of  ,  19 — ,  at  ,  the  defendant  was 

the  keeper  of  a  certain  vicious  dog,  which  was  accustomed  to  bite  man- 
kind. 

2.  That  the  said  defendant,  well  knowing  the  premises,  did  wrong- 
fully and  injuriously  keep  and  harbor  the  said  vicious  dog,  and  wrong- 
fully and  negligently  suffered  such  dog  to  go  at  large  without  being 
properly  guarded  or  confined. 

3.  That  while  so  kept  as  aforesaid,  the  said  dog  did  bite  and  greatly 
wound  this  plaintiff,  whereby  this  plaintiff  became  sick  and  sore  and 
lame,  and  so  continued  for  the  space  of  six  months  thence  next  follow- 
ing, and  was  obliged  to  pay,  and  did  expend,  dollars   ($ )   for 

medical  attendance  consequent  thereon,  and  was  prevented  during  all 
said  months  of  sickness  from  attending  to  his  lawful  affairs,  to  his 
■damage  in  the  sum  of  dollars  ($ ). 

Wherefore   [etc.]. 

[Signature.] 

No.  316.     Complaint  for  Injuries  Caused  by  Trespassing  Animals. 
[Title  of  Cause.] 
The  plaintiff  complains   and  alleges: 

1.  That  during  all  the  times  hereinafter  mentioned  he  was,  and  now 
is,  the  owner  and  lawfully  in  possession  of  all  that  certain  real  estate 

situated  in  township,  county  of ,  state  of ,  and  described 

as  f olloAvs :  . 

2.  That  during  all  of  the  time  between  the  day  of  ,  19 — ■, 

and  the  day  of  ,  19 — ,  the  defendant  was  the  owner,  in  pos- 
session of,  and  chargeable  with  the  care   of  certain  animals,  to  wit :  . 

3.  That  at  divers  times  between  said  last-mentioned  dates  said  animals 
ran  and  trespassed  upon  said  lands,  ate  iip,  injured  and  destroyed  the 
grain,  hay  and  verdure  being  and  growing  thereon. 

4.  That  in  consequence  of  said  animals  so  running,  trespassing,  eating 
up,  injuring  and  destroying  the  said  grain,  hay  and  verdure,  which  was 

then  upon  said  land,  plaintiff  has  been  damaged  in  the  sum  of 

dollars   ($ ). 

Wherefore  [etc.]. 

[Signature.] 


Cowdery's  Form  Book.  11'*^ 


ANSWER. 

324.  Answer— Denial  of  knowledge  to  form  belief. 

325.  Answer — Infancy  of  plaintiff. 

326.  Answer— Infancy  of  defendant. 

327.  Answer — Former  judgment. 

328.  Answer— Want  of  capacity— Plaintiff  an  alien  enemy. 

329.  Answer — Nonjoinder  of  coadministrator. 

330.  Answer — Nonjoinder  of  owners  in  action  between  tenants. 

331.  Answer — Statute  of  frauds — No  note  or  memorandum,   etc. 

332.  Answer— Statute  of  frauds — Marriage. 

333.  Answer— Statute  of  frauds— No  performance  within  a  year. 

334.  Answer — Statute  of  limitations — In  general. 

335.  Answer— Statute  of  limitations— Specific  section. 

336.  Answer — Another  action  pending. 

337.  Answer — Compromise  of  claim. 

338.  Answer — Death  of  defendant. 

339.  Counterclaim. 

CEOSS-REFERENCES. 
Answer  Alleging  Fraud  in   Obtaining  Judgment,  No.  2253. 
Answer  Alleging  Lien  on  Goods  as  Manufacturer,  etc.  No.  2522. 
Answer  Alleging  Lien  Upon   Goods   for   Storage,   No.   252J. 
Answer  Alleging  Marriage  of  Plaintiff,  No.  2602. 
Answer  Alleging  Marriage  of  Defendant,  No.  2603. 
Answer  Alleging  Marriage  of  Defendant,  No.  2604. 
Answer  Alleging  Partnership  Agreement,  No.  2889. 
Answer  Alleging  Payment,   No.   2960. 
Answer  Alleging  Payment  by  Bill,  No.  2961. 
Answer  Alleging  Payment  Before  Indorsement,  No.  2962. 
Answer  Alleging  Payment  by  Note,  No.   2963. 
Answer  Alleging  Payment  in  Services,  No.  2964. 
Answer  Alleging  Part  1  uynient  and  Tender  of  Balance,  No.  296o. 
Answer  Alleging  Eelease  of  Claim,  No.  8265. 
Answer  and  Demurrer  to  Citation  to  Savings  Bank,  No.  871. 
Answer  Denying  Assignment  of  Judgment,  No.  2252. 
Answer  Denying  Breach  of  Covenant,  No.  1475. 
Answer  Denying  Execution  of  Mortgage  by  Codefeudant,  No.  2724. 
Answer  Denying  Offer  to  Perform  Charter-party,  No.  1202. 
'Answer  Denying  Subscription  for  Stock,  No.  1344. 
Answer  in  Eiectment  Alleging  Title  in  Stranger,  No.   1604. 
Answer  in  Ejectment— Denial  That  Plaintiff  Has  Been  Damaged,  No.  160o. 
Answer— Justifying  Trespass,  No.  3672. 
Answer  Justifying  Arrest  on  Suspicion,  No.  2.jS2. 
Answer  Justifving  Arrest  on  Criminal  Process,   No.   2oS3. 
Answer  of  Arbitration  and  Award,  No.  418        ,     ^     ^,     ..      .,._ 
Answer  of  Justification  of  Publication  ot  Libel— Truth,  ^o.  2485. 
Answer  of  Justification  of  Publication  of  Libel     and     Mitigating     Circum- 
stances, No.  2486.  ,  -r  ••■    ,    -KT      o.o-T 

Answer  of  Justification  of  Publication  of  Libel,  No.  2487. 

Answer  of  Payment  of  Note  in  Services,  No.  3143, 

\n=wer  Setting  Up  Accord  and  Satisfaction  by  Note,  No.  1. 

Answer  Setting  Up  Accord  and  Satisfaction  by  Deed,  No.  2. 

Answer  Setting  Up  an  Account  Stated,  No.  49. 

\nsw^er  Setting  Up  Satisfaction  by  Codefendant,  No.  3266. 

Answer  That  Note  was  Procured  by  Fraud,  No.  3144. 

Answer  That  Notice  of  Dishonor  was  not  Given,  ^o.  3145. 

Answer  to  Complaint  in  Claim  and  Dolivcry,  No.  883. 


113  Answer.  Forms  324-327 

Answer  to  Complaint  in  Forcible  Entry,  No.  1908. 

Answer  to  Formal  Complaint  Before  Eailroad  Commission,  No.  3207, 

Answer  to  Opposition  to  Probate,  No.  3977. 

No.  324.    Answer — Denial  of  Knowledge  to  Form  Belief. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  he  has  no  knowledge,  information,  or  belief  sufficient  to  enable 
him  to  answer  any  or  either  of  the  allegations  in  said  complaint  con- 
tained, and  therefore  he  denies  each  and  every  of  said  allegations.  [Or 
if  confined  to  one  allegation,  after  the  word  "answer"  proceed:]  the 
allegation  that  [set  out  the  allegation,  or  refer  to  it  so  as  to  clearly 
identify  it] ;  and  therefore  denies  the  same. 

[Signature.] 

No.  325.    Answer — Infancy  of  Plaintiff. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  the  plaintiff  is  not  of  the  age  of  twenty-one  years  [if  a  female, 
eighteen  years] ;  or  that  at  the  commencement  of  this  action  the  plain- 
tiff was  not  of  the  age  of  [twenty-one]  years,  and  has  no  guardian 
appointed  herein. 

[Signature,] 

No.  326.    Answer — Infancy  of  Defendant. 

[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  at  the  time  of  making  the  supposed  agreement  [or  of  the  de- 
livery of  the  goods]  mentioned  therein,  he  was  under  the  age  of 
[twenty-one]  years,  to  wit,  of  the  age  of  eighteen  years,  and  said 
agreement  did  not  relate  to  personal  property  in  the  immediate  pos- 
session and  control  of  this  defendant,  nor  for  things  necessary  for 
his  support. 

[Signature.] 

No.  327.    Answer — Former  Judgment. 

[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  on  the  eighteenth  day  of  April,  1917,  at  P.,  in  an  action  then 
pending  in  the  justice's  court,  between  A.  B.,  plaintiff,  and  C.  D.,  de- 
fendant, and  for  the  same  cause  of  action  as  that  set  forth  in  the 
complaint  herein,  judgment  was  duly  given  and  made.  [Describe  the 
judgment.] 

[Signatm-e.] 

Form  Book — 8 


Forms  328-331  Cov/dery's  Form  Book.  Hi 

No.  328.    Answer — Want  of  Capacity — Plaintiff  an  Alien  Enemy. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  That  the  plaintiff  was  not,  at  the  commencement  of  this  action, 
and  is  not  now,  a  citizen  of  the  United  States,  but  was,  and  is,  an  alien, 
born  in  ,  out  of  the  allegiance  of  the  United  States,  and . 

2.  That  at  the  commencement  of  this  action  the  government  of  said 
was,  and  still  is,  at  war  with,  and  is  an  enemy  of,  the  United  States. 


3.  That  the  plaintiff  then  was,  and  still  is,  an  alien  enemy,  abiding 

without  the  United  States,  and  at  ,  within  said ,  and  adhering 

to  the  said  enemies  of  the  United  States. 

[Signature.] 

No.  329.    Answer — Nonjoinder  of  Coadministrator. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

1.  That  after  the  death  of  said  ,  and  on  or  about  the day 

of ,  191 — ,  letters  of  administration  were  duly  issued  to  one  , 

together  with  the  plaintiff,  by  the  probate  court  of  the  county  of , 

and  said  thereupon  duly  qualified  as  administrator,  and  as  such 

entered  upon  the  duties  of  his  trust,  and  still  is  such  administrator. 

[Signature.] 

No.  330.    Answer— Nonjoinder  of  Owners  in  Action  Between  Tenants 
in  Common. 

[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

1.  That and  ,  residing  at ,  are  tenants  in  common  with 

the  plaintiff  in  said  lands,  and  are  necessary  parties  to  this  action, 

[Signature.] 

No.  331.    Answer — Statute  of  Frauds — No  Note  or  Memorandum,  etc. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  That  no  note  or  memorandum  in  writing  expressing  the  consid- 
eration was  ever  made  by  any  such  contract  as  is  alleged  in  the  com- 
plaint, or  of  any  contract  whatever. 

2.  That  he  did  not  receive  any  part  of  the  goods,  wares,  or  merchan- 
dise mentioned  in  the  complaint. 

3.  That  he  did  not  pay  any  part  of  the  purchase  money. 

[Signature.] 


115  Answer.  Forms  332-33  G 

No.  332.    Answer — Statute  of  Frauds — Marriage. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  the  said  alleged  agreement  was  made  upon  consideration  of 
marriage,  and  that  neitlier  said  agreement  nor  any  note  or  memorandum 

thereof  was  ever  in  writing,  and  subscribed  by  said ,  who  is  sought 

to  be  charged  therewith,  or  by  his  lawful  agent,  or  at  all. 

[Signature.] 

No.  838.    Answer — Statute  of  Frauds — No  Performance  Within  a  Year. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  the  said  agreement  by  its  terms  was  not  to  be  performed  within 
one  year  from  the  making  thereof,  and  that  neither  said  agreement 
nor  any  note  or  memorandum  thereof  was,  or  is,  in  writing,  and  sub- 
scribed by  the  said  ,  who  is  sought  to  be  charged  therewith,  or  by 

his  lawful  agent,  or  by  any  other  person. 

[Signature.] 

No.  334.    Answer — Statute  of  Limitations — In  GeneraL 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  the  cause  of  action  set  forth  therein  did  not  accrue  within 

years  before  the  commencement  of  this  action. 

[Signature.] 

No.  335.    Answer — Statute  of  Limitations — Specific  Section. 
[Title  of  Court  and  Cause.] 
The  defendant,  answering  the  complaint,  alleges: 

That  the  cause  of  action  stated  in  the  complaint  of    the  plaintiff 

herein  is  barred  by  the  provisions  of  subdivision  of  section  

of  the  Code  of  Civil  Procedure  of  this  state. 

[Signature.] 

No.  336.    Answer — Another  Action  Pending. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  there  was  at  the  commencement  of  this  action,   and  still  is, 

another  action  pending  in  the  court  of  ,  between  the  same 

parties,   and   for  the  same  cause  of  action  as  that  in  the  complaint 
herein  stated  and  alleged. 

[Signature.] 


Forms  337-339  Cowdery  's  Form  Book.  116 

ITo.  337.    Answer — Compromise  of  Claim. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  [State  demand  set  up  by  plaintiff.] 

2.  That  afterward,  on  the  day  of  ,  191—,  at  ,  the  de- 
fendant agreed  to  pay,  and  the  plaintiff  agreed  in  writing  to  accept, 

dollars  ($ ),  in  full  satisfaction  of  said  claim,  as  a  compromise 

thereof. 

3.  That  on  the day  of ,  191—,  at ,  the  defendant  paid, 

and  the  plaintiff  so  accepted,  said  sum.  [Signature.] 

No.  338.    Answer — Death  of  Defendant. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  ,  one  of  the  defendants  in  this  action,  died  at  ,  before 

this  action,  and  on  or  about  the day  of ,  191 — . 

[Signature.] 

No.  339.    Counterclaim. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint,  and  by  way  of  counterclaim 
alleges : 

That  [etc.;  stating  a  cause  of  action  precisely  as  in  a  complaint]. 

Wherefore  the  defendant  demands  judgment  for dollars  ($ ). 

[Signature.] 


APPEAL. 

350.  Notice  of  appeal  to  supremo  court. 

351.  Notice  of  appeal  to  district  court  of  appeal. 

352.  Notice  of  appeal — Alternative  method. 

353.  Notice  to  county  clerk  to  prepare  papers  on  appeal. 

354.  Notice  by  clerk  of  filing  transcript  on  appeal. 

355.  Bond  on  appeal  from  money  judgment. 

356.  Bond   on  appeal  from  judgment  directing  delivery  of  documents  or 

personal  property. 

357.  Bond  on  appeal  from  judgment  for  the  recovery  of  real  property. 

358.  Bond  for  costs  on  appeal. 

359.  Notice  of  appeal  from  justice's  court  to  superior  court. 

360.  Undertaking  for  costs  on  appeal — Justice's  court  to  superior  court. 

361.  Undertaking  on  appeal  from  money  judgment — Justice's  court  to  su- 

perior court. 

362.  Undertaking  on  appeal  from  judgment  for  recovery  of,  or  to  foreclose 

a  lien   on,  specific   personal   property — Justice's   court  to   superior 
court. 

363.  Undertaking  on  appeal  from  judgment  directing  delivery  of  possession 

of  real  property — Justice's  court  to  superior  court. 


117  Appeal.  Forms  350, 351 

364.  Undertaking  on  appeal  from  judgment  of  fine  and  Imprisonment — 

Justice's  court  to  superior  court, 

365.  Undertaking    on    appeal   from   judgment    of   imprisonment — Justice's 

court  to  superior  court. 

366.  Undertaking  on  appeal — Unlawful  detainer — Justice's  court  to  superior 

court. 

367.  Appeal  bond — Justice's  court — Colorado. 

368.  Undertaking  on  appeal  from  justice's  court  in  criminal  case — Wyoming. 

369.  Waiver  of  appeal  and  motion  for  new  trial. 

370.  Undertaking  on  appeal  from  judgment  appointing  a  receiver. 

371.  Undertaking  on  appeal  from  judgment  directing  sale  of  personal  prop- 

erty upon  foreclosure  of  mortgage  thereon. 

372.  Undertaking  on  appeal  concerning  real  property  and  money  damages. 

373.  Undertaking  on  appeal  from  judgment  for  sale  of  mortgaged  premises 

and  payment  of  deficiency. 

374.  Notice  of  appeal  by  defendant — Small  claims  court — Oregon. 

No.  350.    Notice  of  Appeal  to  Supreme  Court. 

[Title  of  Court  and  Cause.] 

To  ,  Attorney  for  Plaintiff. 

You  will  please  take  notice  that  the  defendants  in  the  above-entitled 

action  hereby  appeal  to  the  supreme  court  of  the  state  of  ,  from 

the  judgment  therein  entered,  in  the  said  court,  on  the  day 

of ,  191 — ,  in  favor  of  the  plaintiff  in  said  action,  and  against  said 

defendants;  and  from  the  whole  thereof. 

Dated  this day  of ,  191 — . 

,  Attorney  for  Defendants. 

NOTE. — In  California,  an  appeal  is  taken  by  filing  with  the  clerk  of 
the  court  in  which  the  judgment  or  order  appealed  from  is  entered,  a  notice 
stating  the  appeal  from  the  same,  or  some  specific  part  thereof,  and  serving 
a  similar  notice  on  the  adverse  party,  or  his  attorney:  California,  Code  Civ. 
Proc,    sec.    940. 

Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec.  1235;  Colorado,  Mill's  Ann. 
Stats.  1912;  Hawaii,  Rev.  Code  1915,  sec.  2507;  Idaho,  Eev.  Codes  1907,  sec. 
4808;  Kansas,  Gen.  Stats.  1915,  sees.  7473,  7482;  Montana,  Rev.  Codes  1907, 
sec.  7100;  Nebraska,  Rev.  Code  1913,  sec.  8188;  Nevada,  Rev.  Laws  1912, 
sec.  5380;  North  Dakota,  Comp.  Laws  1913,  sec.  7821;  Oregon,  Lord's  Oregon 
Laws,  sec.  550;  South  Dakota,  Comp.  Laws  1913,  sec.  5966;  Utah,  Comp.  Laws 
1907,  sec.  3305;  Washington,  Rem.  Code  1915,  sec.  1719. 

No.  351.    Notice  of  Appeal  to  District  Court  of  AppeaL 

[Title  of  Court  and  Cause.] 
To  ,  Attorney  for  Plaintiff. 

You  will  please  take  notice  that  the  defendant  in  the  above-entitled 
action  hereby  appeals  to  the  district  court  of  appeal  of  the  state  of 

■ ,  in  and  for  the  appellate  district,  from  the  judgment  therein 

entered  in  the  said  s".perior  court,  on  the  day  of  ,  191 — ,  in 

favor  of  the  plaintiff  in  said  action,  and  against  said  defendant;  and 
from  the  whole  thereof. 

Dated  tliis day  of ,  191 — . 

,  Attorney  for  Defendant. 


Forms  352, 353  Cowdery's  Form  Book.  118 

No.  352.    Notice  of  Appeal — Alternative  Method. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that  the  does    hereby  appeal    to    the 

supreme  court  [or  district  court  of  appeal,  as  the  case  may  be]  from 
the  judgment  heretofore  rendered  in  the  above-entitled  action,  and  from 
the  whole  thereof.     Said  judgment  was  entered  on  the day  of , 

19— 

,  Attorney  for  . 

NOTE. — The  California  Code  provides:  "Any  person  to  whom  the  right 
of  appeal  from  any  judgment,  order  or  decree  of  the  superior  courts  of  the 
state  is  granted,  may  appeal  therefrom  by  filing  with  the  clerk  of  the  court 
in  which  the  judgment,  order  or  decree  is  rendered,  a  notice  entitled  in  the 
cause  in  which  said  judgment,  order  or  decree  was  made,  which  said  notice 
shall  state  that  the  person  giving  the  same  does  thereby  appeal  to  the  su- 
preme court  or  district  court  of  appeal,  as  the  case  may  be,  from  the  judg- 
ment, order  or  decree,  or  some  specific  part  thereof;  and  the  said  notice 
must  identify  the  said  judgment,  order  or  decree  or  the  part  thereof  ap- 
pealed from,  with  reasonable  certainty.  This  notice  may  be  filed  at  any 
time  after  the  rendition  of  the  judgment,  order  or  decree,  but  the  same 
must  be  filed  within  sixty  days  after  entry  of  said  judgment,  order  or 
decree.  If  proceedings  on  motion  for  a  new  trial  are  pending,  the  time  for 
appeal  from  the  judgment  shall  not  expire  until  thirty  days  after  entry  in 
the  trial  court  of  the  order  determining  such  motion  for  a  new  trial,  or 
other  termination  in  the  trial  court  of  the  proceedings  upon  such  niotion. 
This  notice  need  not  be  served  upon  any  of  the  parties  to  the  action  or 
the  proceeding,  or  their  representatives  or  attorneys,  but  when  filed  within 
the  time  herein  specified  it  shall,  without  further  action  on  the  part  of  the 
appellant,  transfer  the  cause  for  decision  and  determination  to  the  higher 
court.  In  the  event  of  the  death  of  f.ny  person  having  at  his  death  a 
right  of  appeal  the  attorney  of  record  representing  the  decedent  in  the 
court  in  which  the  judgment  was  rendered  may  appeal  therefrom  at  any 
time  before  the  appointment  of  an  executor  or  an  administrator  of  the 
estate  of  the  decedent":  California,  Code  Civ.  Proc,  sec.  941b. 

No.  353.    Notice  to  County  Clerk  to  Prepare  Papers  on  Appeal. 

[Title  of  Court  and  Cause.] 

To  the  Clerk  of  the  Above-entitled  Court: 

Please  take  notice  that  the  defendant  desires,  or  intends  to  appeal 
[or  has  appealed]  from  the  judgment  heretofore  rendered  in  the  above- 
entitled  action,  and  requests  that  the  transcript  of  the  testimony  offered 
or  taken,  evidence  offered  or  received,  and  all  rulings,  instructions,  acts 
or  statements  of  the  court,  also  all  objections  or  exceptions  of  counsel 
and  all  matters  to  which  the  same  relate,  be  made  up  and  prepared. 

Dated -. 

,  Attorney  for  Defendant. 


119  Appeal.  Forms  354, 355 

No.  354.    Notice  by  Clerk  of  Filing  Transcript  on  AppeaL 

[Title  of  Court  and  Cause.] 

To  the  Attorneys  in  the  Above-entitled  Action: 

Please  take  notice  that  the  transcript  on  appeal  in  the  above-entitled 
action  has  been  filed,  and  that  five   (5)   days  after  the  receipt  of  this 

notice,  to  wit,  on  the  —  day  of ,  19—,  the  same  will  be  presented 

to  the  jndge  for  approval. 

Dated  . 

,  Clerk  of  the  Superior  Court. 

No.  355.    Bond  on  Appeal  from  Money  Judgment. 
[Title  of  Conrt  and  Cause.] 

Whereas,  the  defendants  in  the  above-entitled  action  have  appealed 
to  the  supreme  court  of  the  state  of  California  from  a  judgment  made 
and  entered  against  them  in  said  action,  in  said  superior  court,  in 
favor  of  the  plaintifE  in  said  action,  on  the  twenty-fourth  day  of  Janu- 
ary, 1917,  for  seven  hundred  and  fifty  dollars,  gold  coin  of  the  United 
States,  and  fifty  dollars  costs  of  suit,  and  from  the  whole  thereof. 

Now,  therefore,  in  consideration  of  the  premises,  and  of  such  appeal, 
we,  the  undersigned,  residents  of  the  city  and  county  of  San  Francisco, 
do  hereby  jointly  and  severally  undertake  and  promise,  on  the  part 
of  the  appellants,  that  the  said  appellants  will  pay  all  damages  and 
costs  which  may  be  awarded  against  them  on  the  appeal,  or  on  a  dis- 
missal thereof,  not  exceeding  three  hundred  dollars,  to  which  amount 
we  acknowledge  ourselves  jointly  and  severally  bound. 

And  whereas,  the  appellants  are  desirous  of  staying  the  execution 
of  said  judgment  so  appealed  from,  we  do  further,  in  consideration 
thereof,  and  of  the  premises,  jointly  and  severally  undertake  and 
promise,  and  do  acknowledge  ourselves  further  jointly  and  severally 
bound  in  the  further  sum  of  one  thousand  six  hundred  (1,600)  dollars, 
gold  coin  of  the  United  States  (being  double  the  amount  named  in  the 
said  judgment),  that  if  the  said  judgment  appealed  from,  or  any  part 
thereof,  be  affirmed,  or  the  appeal  be  dismissed,  the  appellant  will  pay, 
in  United  States  gold  coin,  the  amount  directed  to  be  paid  by  the  said 
judgment,  or  the  part  of  such  amount  as  to  which  the  said  judgment 
shall  be  affirmed,  if  affirmed  only  in  part,  and  all  damages  and  costs 
which  may  be  awarded  against  the  appellants  upon  the  appeal;  that  if 
the  appellants  do  not  make  such  payment  within  thirty  (30)  days  after 
the  filing  of  the  remittitur  from  the  supreme  court  in  the  court  from 
which  the  appeal  is  taken,  judgment  may  be  entered  on  motion  of 
the  respondent,  in  his  favor  against  the  undersigned  sureties,  for  said 
sum  of  $800,  together  with  the  interest  that  may  be  due  thereon,  and 
the  damages  and  costs  that  may  be  awarded  against  the  appellant  upon 
the  appeal.  [Signatures.] 

[Justification.] 


Form  356  Cowdery's  Form  Book.  120 

NOTE. — In  California,  the  undertaking  on  appeal  must  be  in  writing, 
on  the  part  of  the  appellant,  by  at  least  two  sureties,  that  the  appellant 
will  pay  all  damages  and  costs  which  may  be  awarded  against  him  on 
appeal,  or  on  a  dismissal  thereof,  not  exceeding  three  hundred  dollars; 
or  that  sum  must  be  deposited  with  the  clerk  with  whom  the  judgment  or 
order  wr.s  entered,  to  abide  the  event  of  the  appeal:  California,  Code  Civ. 
Proc,   sec.   941. 

If  the  appeal  be  from  a  judgment  or  order  directing  the  payment  of 
money,  it  does  not  stay  the  execution  of  the  judgment  or  order  unless  a 
written  undertaking  be  executed  on  the  part  of  the  appellant,  by  two  or 
more  sureties,  to  the  effect  that  they  are  bound  in  double  the  amount 
named  in  the  judgment  or  order;  that  if  the  judgment  or  order  appealed 
from,  or  any  part  thereof,  be  affirmed,  or  the  appeal  be  dismissed,  the 
appellant  will  pay  the  amount  directed  to  be  paid  by  the  judgment  or 
order,  or  the  part  of  such  amount  as  to  which  the  judgment  or  order  is 
affirmed,  if  affirmed  only  in  part,  and  all  damages  and  costs  which  may  be 
awarded  against  the  appellant  upon  the  appeal,  and  that  if  the  appellant 
does  not  make  such  payment  within  thirty  days  after  the  filing  of  the  re- 
mittitur from  the  supreme  court  in  the  court  from  which  the  appeal  is 
taken,  judgment  may  be  entered  on  motion  of  the  respondent  in  his  favor 
against  the  sureties,  for  such  amount,  together  with  the  interest  that  may 
be  due  thereon,  and  the  damages  and  costs  which  may  be  awarded  against 
the  appellant  upon  the  appeal.  If  the  judgment  or  order  appealed  from 
be  for  a  greater  amount  than  two  thousand  dollars,  and  the  sureties  do 
not  state  in  their  affidavits  of  justification  accompanying  the  undertaking 
that  they  are  each  worth  the  sum  specified  in  the  undertaking,  the  stipula- 
tion may  be  that  the  judgment  to  be  entered  against  the  sureties  shall 
be  for  such  amounts  only  as  in  their  affidavits  they  may  state  that  they 
are  severally  worth,  and  judgment  may  be  entered  against  the  sureties  by 
the  court  from  which  the  appeal  is  taken,  pursuant  to  the  stipulations 
herein  designated.  When  the  judgment  or  order  appealed  from  is  made 
payable  in  a  specified  kind  of  money  or  currency,  the  judgment  entered 
agairBt  the  sureties  upon  the  undertaking  must  be  made  payable  in  the 
same  kind  of  money  or  currency:  Arizona,  Rev.  Stats.  (Civ.  Code  1913), 
sees.  1238,  1239;  California,  Code  Civ.  Proc,  see.  942;  Hawaii,  Eev.  Code 
1915,  sec.  2535;  Idaho,  Eev.  Codes  1907,  sec.  4810;  Kansas,  Gen.  Stats. 
1915,  see.  7490;  Montana,  Rev.  Codes  1907,  sec.  7102;  Nebraska,  Eev.  Codes 
1913,  sec.  8189;  Nevada,  Eev.  Laws  1912,  sec.  5347;  New  Mexico,  Stats. 
Ann.  1915,  sec.  4484;  North  Dakota,  Comp.  Laws  1913,  sec.  7831;  Oklahoma, 
Harris  &  Day's  Code  1910,  see.  5251;  Oregon,  Lord's  Oregon  Laws,  sec 
551;  South  Dakota,  Comp.  Laws  1913,  sec.  5219;  Utah,  Comp.  Laws  1907, 
sees.  3306,  3307;  "Washington,  Rem.  Code,  sec.  1722;  Wyoming,  Comp.  Stats. 
1910,  see.  5116. 

No.  356.    Bond  on  Appeal  from  Judgment  Directing  Delivery  of  Docu- 
ments or  Personal  Property. 

[Title  of  Court  and  Cause.] 

Whereas,  R.  R.,  one  of  the  defendants  in  the  above-entitled  action, 
lias  appealed  to  the  supreme  court  of  the  state  of  California,  from  a 
judgment  rendered  and  entered  against  him  in  the  said  action,  in  the 
said  superior  court,  in  favor  of  the  plaintiff  on  the  twenty-fifth  day 
of  August,  1917,  for  the  recovery  of  the  possession  of  certain  documents 
[or  personal  property]  therein  described  [or  ordering  the  delivery  or 
assignment  of  certain  documents ;  or  ordering  the  execution  of  a  certain 
document  by  the  defendant,  and  for  costs]. 


121  Appeal.  Form  357 

Now,  therefore,  in  consideration  o£  the  premises,  and  of  such  appeal,, 
we,  the  undersigned,  J.  S.,  of  the  county  of  Santa  Barbara,  merchant, 
and  P.  J.,  of  the  said  county  of  Santa  Barbara,  farmer,  do  hereby 
jointly  and  severally  undertake  and  promise,  on  the  part  of  the  appel- 
lant, that  the  said  appellant  will  pay  all  damages  and  costs  which  may 
be  awarded  against  him  on  the  api^eal  or  on  a  dismissal  thereof,  not 
exceeding  three  hundred  dollars,  to  which  amount  we  acknowledge  our- 
selves jointly  and  severally  bound. 

And  whereas,  the  appellant  is  desirous  of  staying  the  execution  of  the 
judgment,  and  the  court  has  directed  that  an  undertaking  be  entered 
into  upon  his  part  in  the  sum  of  one  thousand  dollars; 

Now,  therefore,  we,  the  undersigned,  J.  S.,  of  the  county  of  Santa 
Barbara,  and  P.  J.,  of  said  county  of  Santa  Barbara,  do  hereby  further 
jointly  and  severally  promise  and  undertake  on  the  part  of  the  appel- 
lant, in  the  sum  of  one  thousand  dollars,  that  the  appellant  will  obey 
the  order  of  the  appellate  court  upon  the  appeal. 

Dated .  [Signatures.] 

[Justification.] 

NOTE. — In  California  if  the  judgment  or  order  appealed  from  direct  the 
assignment  or  delivery  of  documents  or  personal  property,  the  execution 
of  the  judgment  or  order  cannot  be  stayed  by  appeal,  unless  the  things 
required  to  be  assigned  or  delivered  be  placed  in  the  custody  of  such  officer 
or  receiver  as  the  court  may  appoint,  or  unless  an  undertaking  be  entered 
into  on  the  part  of  the  appellant,  with  at  least  two  sureties,  and  in  such 
amount  as  the  court,  or  a  judge  thereof,  may  direct,  to  the  effect  that  the 
appellant  will  obey  the  order  of  the  appellate  court,  upon  the  appeal. 

If  the  judgment  or  order  appealed  from  direct  the  execution  of  a  con- 
veyance or  other  instrument,  the  execution  of  the  judgment  or  order  cannot 
be  stayed  by  the  appeal  until  the  instrument  is  executed  and  deposited  with 
the  clerk  with  whom  the  judgment  or  order  is  entered,  to  abide  the  judg- 
ment of  the  appellate  court:  Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sees. 
1242.,  1243;  California,  Code  Civ.  Proc,  sees.  943,  944;  Hawaii,  Rev.  Code 
1915,  sec.  2535;  Idaho,  Rev.  Codes  1907,  sec.  4811;  Kansas,  Gen.  Stats. 
1915,  sec.  7491;  Montana,  Rev.  Codes  1907,  sees.  7103.  7104;  Nebraska, 
Rev.  Code  1913,  sec.  8189;  Nevada,  Rev.  Laws  1912,  see.  5349;  New  Mexico, 
Stats.  Ann.  1915,  sec.  4484;  North  Dakota,  Comp.  Laws  1913.  sec.  7827; 
Oklahoma,  Harris  &  Day's  Code  1910,  sec.  5251;  Oregon,  Lord's  Oregon 
Laws,  sec.  551;  South  Dakota,  Comp.  Laws  1913,  see.  5219;  Utah,  Comp. 
Laws  1907,  sees.  3308,  3309;  Washington,  Eem.  Code,  sec.  1722;  Wyoming, 
Comp.  Stats.  1910,  see.  5116. 

No.  357.    Bond  on  Appeal  from  Judgment  for  the  Recovery  of  Real 
Property. 

[Title  of  Court  and  Cause.] 

Whereas,  R.  R.,  one  of  the  defendants  in  the  above-entitled  action, 
has  appealed  to  the  supreme  court  of  the  state  of  California  from  a 
judgment  made  and  entered  against  him  in  the  said  action,  in  the  said 
superior  court,  in  favor  of  the  plaintiff  in  said  action,  on  the  third  day 
or  May,  1917,  for  the  recovery  of  the  possession  of  certain  lands  and 
premises  therein  described,  and  five  hundred  and  thirty  dollars  dam- 


Form  357  Cowdery  's  Form  Book.  122 

ages,  for  the  detention  thereof,  and  one  hundred  and  ten  dollars  and 
fifty  cents  costs  of  suit. 

Now,  therefore,  in  consideration  of  the  premises,  and  of  such  appeal, 
we,  the  undersigned,  J.  S.,  of  the  county  of  Santa  Barbara,  merchant, 
and  P.  J.,  of  the  said  county  of  Santa  Barbara,  farmer,  do  hereby  jointly 
and  severally  undertake  and  promise,  on  the  part  of  the  appellant, 
that  the  said  appellant  will  pay  all  damages  and  costs  which  may  be 
awarded  against  him  on  the  appeal,  or  on  a  dismissal  thereof,  not 
exceeding  three  hundred  dollars,  to  which  amount  we  acknowledge  our- 
selves jointly  and  severally  bound; 

And  whereas,  the  appellant  is  desirous  of  staying  the  execution  of 
the  said  judgment  so  appealed  from,  in  so  far  as  relates  to  the  delivery 
of  possession  of  the  said  land  and  premises,  we  do  further,  in  consid- 
eration thereof,  and  of  the  premises,  jointly  and  severally  undertake 
and  promise,  and  do  acknowledge  ourselves  further  jointly  and  severally 
bound  in  the  further  sum  of  twelve  hundred  dollars  (being  the  amount 
for  that  purpose  fixed  by  the  judge  of  this  court),  that  during  the 
possession  of  such  property  by  the  appellant  he  will  not  commit,  or 
suffer  to  be  committed,  any  waste  thereon,  and  that  if  the  said  judgment 
appealed  from  be  affirmed,  or  the  appeal  dismissed,  he  will  pay  the 
value  of  the  use  and  occupation  of  the  property,  from  the  time  of  tlie 
appeal  until  the  delivery  of  possession  thereof,  not  exceeding  the  said 
sum  of  twelve  hundred  dollars,  so  as  aforesaid  fixed  by  the  judge  of 
this  court,  by  which  the  said  judgment  was  rendered; 

And  whereas,  the  appellant  is  desirous  of  staying  the  execution  of 
the  said  judgment  so  appealed  from,  we  do  furtlier,  in  consideration 
thereof,  and  of  the  premises,  jointly  and  severally  undertake  and 
promise,  and  do  acknowledge  ourselves  further  jointly  and  severally 
bound  in  the  further  sum  of  twelve  hundred  eighty-one  dollars  (being 
double  the  amount  named  in  the  said  judgment),  that  if  the  said  judg- 
ment appealed  from,  or  any  part  thereof,  be  affirmed,  or  the  appeal  bo 
dismissed,  the  appellant  will  pay,  in  United  States  gold  coin,  the  amount 
directed  to  be  paid  by  the  judgment,  or  the  part  of  such  amount  as 
to  which  the  same  shall  be  affirmed,  if  affirmed  only  in  part,  and  all 
damages  and  costs  which  may  be  awarded  against  the  appellant  upon 
the  appeal ;  and  that  if  the  appellant  do  not  make  such  payment  within 
thirty  (30)  days  after  the  filing  of  the  remittitur  from  the  supreme 
court  in  the  court  from  which  the  appeal  is  taken,  judgment  may  be 
entered  on  motion  of  respondent,  in  his  favor  against  the  undersigned 
sureties,  for  such  amount,  together  with  the  interest  that  may  be  due 
thereon,  and  the  damages  and  costs  which  may  be  awarded  against 
the  appellant  upon  the  appeal. 

[When  the  judgment  is  for  the  sale  of  mortgaged  premises,  and  the 
payment  of  a  deficiency  arising  upon  the  sale,  the  undertaking  must 
also  provide  for  the  payment  of  such  deficiency.] 

Dated  .  [Signatures.] 

[Justification.] 


123  Appeal.  Form  358 

XOTE. — In  California,  if  the  judgment  or  order  appealed  from  direct 
the  sale  or  delivery  of  possession  of  real  property,  the  execution  cannot 
be  stayed,  unless  a  written  undertaking  be  executed  on  the  part  of  the 
appellant,  with  two  or  more  sureties,  to  the  effect  that  during  the  possession 
of  such  property  by  the  appellant,  he  will  not  commit,  or  suffer  to  be  com- 
mitted, any  vraste  thereon,  and  that  if  the  judgment  be  affirmed,  or  the 
appeal  dismissed,  he  will  pay  the  value  of  the  use  and  occupation  of  the 
property  from  the  time  of  the  appeal  until  the  delivery  of  possession  thereof, 
pursuant  to  the  judgment  or  order,  not  exceeding  the  sum  to  be  fixed  by 
the  judge  of  the  court  by  which  the  judgment  was  rendered  or  order  made, 
and  which  must  be  specified  in  the  undertaking.  When  the  judgment  is 
for  the  sale  of  mortgaged  premises,  and  the  payment  of  a  deficiency  arising 
upon  the  sale,  the  undertaking  must  also  provide  for  the  payment  of  sueli 
deficiency:  Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sees.  1242,  1243;  Cali- 
fornia, Code  Civ.  Proc,  sec.  945;  Hawaii,  Eev.  Code  1915,  sec.  2535;  Idaho, 
Rev.  Codes  1907,  sec.  4812;  Montana,  Eev.  Codes  1907,  sec.  7105;  Nebraska. 
Rev.  Code  1913,  sec.  8189;  Nevada,  Rev.  Laws  1912,  sec.  5350;  New  Mexico, 
Stats.  Ann.  1915,  sec.  4484;  North  Dakota,  Comp.  Laws  1913,  sec.  7828; 
Oklahoma,  Harris  &  Day's  Code  1910,  sec.  5251;  Oregon,  Lord's  Oregon 
Laws,  sec.  551;  South  Dakota,  Comp.  Laws  1913,  sec.  5219;  Utah,  Comp. 
Laws  1907,  sec.  3310;  "Wlashington,  Rem.  Code,  sec.  1722;  Wyoming,  Comp. 
Stats.  1910,  sec.  5116. 

No.  358,    Bond  for  Costs  on  Appeal 
[Title  of  Court  and  Cause.] 

Whereas,  the  plaintiff  in  the  above-entitled  action  is  about  to  appeal 
to  the  supreme  court  of  the  state  of  California  from  a  judgment  ren- 
dered against  him  in  said  action,  in  the  said  superior  court,  and  in 
favor  of  the  defendant,  for  four  hundred  dollars  costs,  and  entered  on 
the  twentieth  day  of  December,  1917. 

Now,  therefore,  in  consideration  of  the  premises,  and  of  such  appeal, 
we,  the  undersigned,  residents  of  the  county  of  Alameda,  and  state  of 
California,  do  hereby  jointly  and  severally  undertake  and  promise, 
on  the  part  of  the  appellant,  that  the  said  appellant  will  pay  all  dam- 
ages and  costs  which  may  be  awarded  against  him  on  the  appeal,  or  on 
a  dismissal  thereof,  not  exceeding  three  hundred  dollars,  to  which 
amount  we  acknowledge  ourselves  jointly  and  severally  bound. 

Dated  .  [Signatures.] 

[Justification.] 

NOTE.— Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sees.  1242,  1243;  Cali- 
fornia, Code  Civ.  Proc,  sec.  941;  Hawaii,  Rev.  Code  1915,  sec.  2535;  Idaho, 
Rev.  Codes  1907,  sec.  4809;  Montana,  Rev.  Codes  1907,  sec.  7101;  Nebraska, 
Rev.  Code  1913,  sec.  8189;  Nevada,  Rev.  Laws  1912,  sec.  5346;  New  Mexico, 
Stats.  Ann.  1915,  sec.  4484;  North  Dakota,  Comp.  Laws  1913,  sees.  7824, 
7831;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  5251;  Oregon,  Lord's  Ore- 
gon Laws,  sec.  551;  South  Dakota,  Comp.  Laws  1913,  sec.  5219;  Utah,  Comp. 
Laws  1907,  Bee.  3310;  Washington,  Rem.  Code,  sec.  1721. 


Forms  359, 360  Cowdery's  Form  Book.  124 

No.  359.    Notice  of  Appeal  from  Justice's  Court  to  Superior  Court. 

[Title  of  Court  and  Cause.] 

To  the  Justice  of  said  Justice's  Court,  and  J.  N.,  Attorney  for  Re- 
spondent : 
You  will  please  take  notice,  that  the  defendant  in  the  above-entitled 
action  hereby  appeals  to  the  superior  court  of  the  county  of  Sacra- 
mento, from  the  judgment  therein  made  and  entered  in  the  said  justice's 
court,  on  the  first  day  of  August,  1917,  in  favor  of  said  plaintiff  and 
against  said  defendant,  and  from  the  whole  thereof.  This  appeal  is 
taken  on  questions  of  both  law  and  fact;  [or,  this  appeal  is  taken  on 
questions  of  law;  or  this  appeal  is  taken  from  that  part  of  the  judg- 
ment awarding  defendant  costs]. 

[Signatures.] 

NOTE. — In  California,  a  party  dissatisfied  with  the  judgment  of  a  police 
or  justice's  court  may  appeal  to  the  superior  court.  The  appeal  is  taken 
by  filing  a  notice  of  appeal  and  serving  a  copy  on  the  other  party.  The 
notice  must  state  whether  the  appeal  is  from  the  whole  or  part  of  the 
judgment,  and  if  from  a  part,  stating  what  part,  and  whether  taken  on 
questions  of  law  or  fact,  or  both:  Code  Civ.  Proc,  sec.  974. 

No.  360.    Undertaking  for  Costs  on  Appeal — Justice's  Court  to  Superior 
Court. 

[Title  of  Court  and  Cause.] 

Whereas  the  plaintiff  in  the  above-entitled  action  has  appealed  to 

the  superior  court  of  tlie  state  of ,  in  and  for  the  county  of , 

from  a  judgment  made  and  entered  against  him  in  said  action,  in  the 
said  justice's  court,  and  in  favor  of  the  defendant  in  said  action,  on 
the day  of ,  191 — ,  for dollars  ($ )  costs  of  suit: 

Now  therefore,  in  consideration  of  the  premises  and  of  such  appeal, 
we,  the  undersigned,  residents  and  householders  within  said  state,  do 
hereby  jointly  and  severally  undertake  and  promise,  in  the  sum  of  one 
hundred  dollars  ($100),  that  the  said  appellant  will  pay  all  costs  on 
the  appeal,  to  which  amount  we  acknowledge  ourselves  jointly  and 
severally  bound. 

Witness  our  hands  this  day  of  ,  191 — . 

[Justification.]  [Signatures.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  2552;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sec.  1343;  California,  Code  Civ.  Proc,  sec.  978;  Colorado, 
Mill's  Ann.  Stats.  1912,  sees.  1910-1915;  Idaho,  Rev.  Codes  1907,  sees.  4842- 
4845;  Kansas,  Gen.  Stats.  1915,  sec.  7824;  Montana,  Rev.  Codes  1907,  sec. 
7124;  Nebraslva,  Rev.  Code  1913,  sec.  8452;  Nevada,  Rev.  Laws  1912,  sec. 
5792;  New  Mexico,  Stats.  Ann.  1915,  sec.  3220;  North  Dakota,  Comp.  Laws. 
1913,  sees.  9165-9168;  Oklahoma,  Harris  &  Day's  Code  1910,  sees.  5465,  5466; 
Oregon,  Lord's  Oregon  Laws,  sec.  2458;  South  Dakota,  Comp.  Laws  1913, 
sees.  6123-6134;  Utah,  Comp.  Laws  1907,  sees.  3747-3749;  Washington,  Rem. 
Code,  sec.  1911;  Wyoming,  Comp.  Stats.  1910,  sec.  5124. 


125  Appeal.  Forms  361, 362 

No.  361.  Undertaking  on  Appeal  from  Money  Judgment — Justice's 
Court  to  Superior  Court. 

[Title  of  Court  and  Cause.] 

Wliereas  the  defendant  in  the  above-entitled  actiori  has  appealed  to 

the  superior  court  of  the  state  of  ,  in  and  for  the  county  of , 

from  a  judgment  rendered  against  him  in  said  action,  in  the  said  jus- 
tice's court,  and  in  favor  of  the  plaintiff  in  said  action,  on  the  

day  of  ,  191 — ,  for dollars  ($ ),  and  dollars  ($ ) 

costs  of  suit;  and  whereas  the  appellant  is  desirous  of  staying  the 
execution  of  the  said  judgment  so  appealed  from: 

N'ow  therefore,  in  consideration  of  the  premises  and  of  such  appeal, 
we,  the  undersigned,  residents  and  householders  within  said  state,  do 
hereby  jointly  and  severally  undertake  and  promise,  and  do  acknowledge 

ourselves  jointly  and  severally  bound,  in  the  sum  of dollars  (being 

twice  the  amount  of  the  judgment,  including  costs),  that  the  appellant 
will  pay  the  amount  of  the  judgment  appealed  from,  and  all  costs, 
if  the  appeal  be  withdrawn  or  dismissed,  and  that  he  will  pay  the 
amount  of  any  judgment,  and  all  costs,  that  may  be  recovered  against 
him  in  the  action  in  the  siaperior  court. 

Witness  our  hands  this day  of ,  191 — . 

[Justification.]  [Signatures.] 

NOTE.— See  note  to  Form  360. 

No.  362.  Undertaking  on  Appeal  from  Judgment  for  Recovery  of,  or 
to  Foreclose  a  Lien  on,  Specific  Personal  Property — Jus- 
tice's Court  to  Superior  Court. 

[Title  of  Court  and  Cause.] 

Whereas   the   defendant   in   the   above-entitled   action   has   appealed 

to  the  superior  court  of  the  state  of  ,  in  and  for  the  county  of 

,  from  a  judgment  rendered  against  him  in  said  action,  in  the  said 

justice's   court,   and   in   favor   of   the   plaintiff  in   said   action,   on   the 

day  of  ,  191 — ,  for  the  recovery  of  certain  specific  personal 

property  therein  designated,   and  dollars    ($ -)    costs   of  suit; 

and  whereas  the  appellant  is  desirous  of  staying  the  execution  of  said 
judgment  so  appealed  from: 

Now  therefore,  in  consideration  of  the  premises  and  of  such  appeal, 
we,  the  undersigned,  residents  and  householders  within  said  state,  do 
hereby  jointly  and  severally  undertake  and  promise,  and  do  acknowl- 
edge ourselves  jointly  and  severally  bound,  in  the  sum  of  dollars 

($ )    (being  twice  the  value  of  said  property,  including  costs),  that 

the  said  appellant  will  pay  the  judgment  and  costs  appealed  from,  and 
obey  the  order  of  the  court  made  therein,  if  the  appeal  be  withdrawn 
or  dismissed,  and  that  he  will  pay  any  judgment  and  costs  that  may  be 


Form  363  Cowdery's  Form  Book.  126 

recovered  against  him  in  said  action  in  the  superior  court,  and  will 
obey  any  order  made  by  the  court  therein. 

Witness  our  hands  this day  of ,  191 — . 

[Justification.]  [Signatures.] 

NOTE.— See  note  to  Form  360. 

No.  363.  Undertaking  on  Appeal  from  Judgment  Directing  Delivery  of 
Possession  of  Real  Property — Justice's  Court  to  Superior 
Court. 

[Title  of  Court  and  Cause.] 

Whereas  ,  the  defendant  in  the  above-entitled  action,  has  ap- 
pealed to  the  superior  court  of  the  state  of ,  in  and  for  the  county 

of  ,  from  a  judgment  made  and  entered  against  him  in  the  said 

action,  in  the  said  justice's  court,  in  favor  of  the  plaintiff  in  the  said 

action,  on  the  day  of  ,  191 — ,  and  directing  the  delivery  of 

the  possession   of   certain   lands   and   premises   therein   described,   and 

dollars    ($ )    damages    for   the   detention    thereof,    and   

dollars  ($ )  costs  of  suit: 

Now,  therefore,  in  consideration  of  the  premises  and  of  such  appeal, 
we,  the  undersigned,  residents  and  householders  within  said  state,  do 
hereby  jointly  and  severally  undertake  and  promise,  and  do  acknowledge 

ourselves  jointly  and  severally  bound,  in  the  sum  of dollars  ($ ) 

(being  twice  the  value  of  said  property,  including  costs),  that  the  said 
appellant  will  pay  the  judgment  and  costs  appealed  from,  and  obey 
the  order  of  the  court  made  therein,  if  the  appeal  be  withdrawn  or  dis- 
missed, and  that  he  will  pay  any  judgment  and  costs  that  may  be  re- 
covered against  him  in  said  action  in  the  superior  court,  and  will  obey 
any  order  made  by  the  court  therein. 

And  whereas  the  appellant  is  desirous  of  staj'ing  the  execution  of 
the  said  judgment  so  appealed  from,  in  so  far  as  relates  to  the  delivery 
of  possession  of  the  said  land  and  premises,  we  do  further,  in  consid- 
eration thereof  and  of  the  premises,  jointly  and  severally  undertake 
and  promise  in  the  further  sum  of  two  hundred  dollars  (being  the 
amount  for  that  purpose  fixed  by  the  justice  of  said  court),  that,  during 
the  possession  of  said  property  by  the  appellant,  he  will  not  commit, 
or  suffer  to  be  committed,  any  waste  thereon,  and  that  if  the  said  judg- 
ment appealed  from  be  affirmed,  or  the  appeal  be  dismissed  or  with- 
drawn, or  if  judgment  be  recovered  against  him  in  the  action  in  the 
superior  court,  he  will  pay  the  value  of  the  use  and  occupation  of  the 
property  from  the  time  of  the  appeal  until  the  delivery  of  possession 
thereof,  not  exceeding  the  sum  of  two  hundred  dollars  ($200),  so  as 
aforesaid  fixed  by  the  said  justice  of  said  court  by  which  the  said 
judgment  was  rendered;  and  that  appellant  will  pay  any  judgment  and 
costs  that  may  be  recovered  against  him  in  the  said  action  in  the  superior 


127  Appeal.  Fonn  364 

court,  not  exceeding  two  hundred  dollars  ($200),  as  fixed  by  the  justice 
of  said  court. 

Witness  our  hands  this day  of ,  191 — , 

[Justification.]  [Signatures.] 

NOTE.— See  note  to  Form  360. 

No.  364.    Undertaking  on  Appeal  from  Judgment  of  Fine  and  Impris- 
onment— Justice's  Court  to  Superior  Court. 

[Title  of  Court  and  Cause.] 

Know  all  men  by  these  presents:  That  we,  J.  D.,  as  principal,  and 
R.  R.  and  E.  S.,  as  sureties,  are  held  and  firmly  bound  unto  the  people 
of  the  state  of  California,  in  the  sum  of  five  hundred  dollars,  for  the 
payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs,  executors,  and  administrators,  jointly  and  severally,  firmly  by 
these  presents. 

Signed  with  our  hands,  and  sealed  with  our  seals,  this  fifth  day  of 
August,  1917. 

The  condition  of  the  above  undertaking  is  such,  that,  whereas,  the 
said  J.  D.  was,  on  the  fourth  day  of  August,  1917,  before  E.  V.  M., 
Esq.,  a  justice  of  the  peace,  in  and  for  township  of  Clarendon,  county 
of  Marin,  duly  convicted  of  the  crime  of  [state  the  crime],  as  follows: 
The  crime  of  carrying  a  concealed  weapon;  or  of  assault  and  battery, 
etc.,  and  upon  said  conviction,  it  was  ordered  and  adjudged  by  the 
said  justice,  that  the  said  J.  D.  pay  a  fine,  the  sum  of  fifty  dollars,  and 
that  said  J.  D.  be  imprisoned  in  the  county  jail,  in  and  for  the  said 
county  of  Marin,  till  said  fine  be  paid,  said  term  of  imprisonment  not 
to  exceed  twenty-five  days. 

And  whereas,  the  said  J.  D.  is  desirous  of  appealing  from  the  de- 
cision and  judgment  of  said  justice  to  the  superior  court  of  the  county 
of  Marin; 

Now,  therefore,  we,  the  undersigned,  hereby  undertake  that  if  the 
said  judgment  shall  be  affirmed,  or  modified,  or  the  appeal  be  dismissed 
by  the  said  superior  court,  that  the  said  J.  D.  shall  well  and  truly  pay, 
or  cause  to  be  paid,  the  fine  aforesaid,  the  sum  of  fifty  dollars,  or  such 
part  of  said  fine  as  the  said  superior  court  may  direct;  if  the  judgment 
is  affirmed  or  modified,  or  the  appeal  dismissed,  or  in  case  the  judgment 
be  reversed,  and  the  case  remanded  for  a  new  trial,  that  he  will  appear 
in  the  court  to  which  the  case  may  be  remanded,  and  submit  himself 
to  the  orders  and  processes  thereof,  then  this  obligation  to  be  null 
and  void,  otherwise  to  be  and  remain  in  full  force. 

Dated .  [Signatures.] 

[Justification.] 

NOTE.— California,  Pen.  Code,  sec.  1273.  If  the  judgment  is  a  fine,  the 
amount  may  be  deposited  in  lieu  of  bond. 


Forms  365, 366  Cowdery's  Form  Book.  128 

No.  365.    Undertaking  on  Appeal  from  Judgment  of  Imprisonmenl^ 
Justice's  Court  to  Superior  Court. 

[Title  of  Court  and  Cause.] 

Know  all  men  by  these  presents:  That  we,  J.  D.,  as  principal,  and 

R.  R.,  and  E.  S.,  as  sureties,  are  held  and  firmly  bound  unto  the  people 

of  the  state  of  California,  in  the  sum  of  five  hundred  dollars,  for  the 

payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our 

heirs,   executors   and  administrators,   jointly   and   severally,  firmly  by 

these  presents.  •     /.-?  i,   j 

Signed  with  our  hands  and  sealed  with  our  seals,  this  fifth  day  ot 

August,  1917. 

The  condition  of  the  above  undertaking  is  such,  that  whereas  the 
said  J.  D.  was,  on  the  second  day  of  August,  1917,  before  A.  J.  C.,  Esq., 
a  justice  of  the  peace  in  and  for  Dam  township,  county  of  Siskiyou, 
duly  convicted  of  the  crime  of  petit  larceny,  and  upon  said  conviction 
it  was  ordered  and  adjudged  by  the  said  justice  that  the  said  J.  D.  be 
imprisoned  in  the  county  jail,  in  and  for  the  county  of  Siskiyou,  for  the 
term  of  four  months. 

And  whereas,  the  said  J.  D.  is  desirous  of  appealing  from  the  de- 
cision and  judgment  of  said  justice  of  the  peace. 

Now,  therefore,  if  the  said  J.  D.  shall  surrender  himself  in  execution 
of  the  judgment,  upon  its  being  afftrmed,  modified,  or  upon  the  appeal 
being  dismissed  by  the  said  superior  court,  or  in  case  the  judgment 
be  reversed,  and  the  case  remanded  for  a  new  trial,  that  he  will  appear 
in  the  court  to  which  the  case  may  be  remanded,  and  submit  himself 
to  the  orders  and  processes  thereof;  then  this  obligation  to  be  null  and 
void  and  of  no  effect;  otherwise,  to  be  and  remain  in  full  force  and 
virtue. 

[Justification.]  [Signatures.] 

No.  366.    Undertaking  on  Appeal— Unlawful  Detainer— Justice's  Court 
to  Superior  Court. 

[Title  of  Court  and  Cause.] 

Whereas  H.  A.  W.,  the  defendant  in  the  above-entitled  action,  has 
appealed  to  the  superior  court  of  the  county  of  Sierra,  from  a  judgment 
made  and  entered  against  him  in  the  said  action,  in  the  said  justice's 
court,  in  favor  of  the  plaintiff  in  the  said  action,  on  the  third  day  of 
May,'  1917,  for  the  recovery  of  the  possession  of  certain  lands  and 
premises  therein  described,  and  sixty  dollars  damages,  for  the  detention 
thereof,  and  one  hundred  dollars,  costs  of  suit ;  or  for  the  sum  of  two 
hundred  dollars,  and  sixty-seven  dollars  costs,  or  for  the  recovery  of 
certain  personal  property,  etc. 

Now,  therefore,  in  consideration  of  the  premises,  and  of  such  appeal, 
we,  the  undersigned,  do  hereby  jointly  and  severally,  undertake  and 


129  Appeal.  Form  367 

promise  in  the  sura  of  one  hundred  dollars,  that  the  said  appellant  will 
pay  all  costs  which  may  be  awarded  against  him  on  said  appeal,  or  on 
a  withdraAval  or  dismissal  thereof,  not  exceeding  one  hundred  dollars, 
to  which  amount  we  acknowledge  ourselves  jointly  and  severally  bound. 

And  whereas,  the  appellant  is  desirous  of  staying  the  execution  of 
the  said  judgment  so  appealed  from,  in  so  far  as  relates  to  the  delivery 
of  possession  of  the  said  land  and  premises,  etc.,  we  do  further,  in 
consideration  thereof,  and  of  the  premises,  jointly  and  severally  under- 
take and  promise  in  the  further  sum  of  two  hundred  dollars  (being 
the  amount  for  that  purpose  fixed  by  the  justice  of  said  court) ;  that 
during  the  possession  of  said  property  by  the  appellant,  he  will  not 
commit,  or  suffer  to  be  committed,  any  waste  thereon,  and  that  if  the 
said  judgment  appealed  from  be  affirmed,  or  the  appeal  dismissed  or 
withdrawn,  or  if  judgment  be  recovered  against  him  in  the  action  in 
the  superior  court,  he  will  pay  the  value  of  the  use  and  occupation  of 
the  property  from  the  time  of  the  appeal  until  the  delivery  of  possession 
thereof,  not  exceeding  the  sum  of  two  hundred  dollars,  so  as  aforesaid 
fixed  by  the  said  justice  of  said  court,  by  which  the  said  judgment  was 
rendered;  and  that  appellant  will  pay  any  judgment  and  costs  that 
may  be  recovered  against  him  in  the  said  action  in  tiie  superior  court, 
not  exceeding  two  hundred  dollars,  as  fixed  by  the  justice  of  said  court. 

Dated  .  [Signatures.] 

[Justification.] 

NOTE. — In  California,  the  eame  general  form  will  answer  for  all  appeals 
A  bond  on  appeal  must  be  given  to  pay  costs,  and  to  prosecute  the  appeal, 
and  to  pay  any  judgment  recovered  in  appellate  court:  California^  Code  Civ. 
Proc,  sec.  978. 

No.  367.    Appeal  Bond — Justice's  Court — Colorado. 
[Title  of  Court  and  Cause.] 

ICnow  all  men  by  these  presents  that  we,  and  ,  are  held 

and  firmly  bound  unto  ,  in  the  penal  sum  of  dollars  ($ ), 

lawful  money  of  the  United  States,  for  the  payment  of  which,  well  and 
truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly,  severally,  and  firmly  by  these  presents. 

Witness  our  hands  and  seals  this day  of ,  191 — . 

The  condition  of  the  above  obligation  is  such  that  whereas  the  said 

did,  on  the day  of ,  191 — ,  before ,  a  justice  of  the 

peace  in  and  for  the  county  of  ,  recover  a  judgment  against  the 

above-bounden  for  the  sum  of  dollars  ($ ),  from  which 

judgment  the  said  hath  taken  an  appeal  to  the  county  court  of 

the  county  of aforesaid,  state  of : 

Now,  if  the  said  shall  prosecute  his  appeal  with  effect,  and 

shall  pay  whatever  judgment  may  be  rendered  by  the  court  upon  dis- 

rorm  Book — 9 


Forms  368-370  Cowdery's  Form  Book.  130 

missal  or  trial  of  said  appeal,  then  the  ahove  obligation  to  be  void; 
frtherwise,  to  remain  in  full  force  and  effect. 

[Signatures  and  seals.] 

Approved  by  me,  at  my  office,  this day  of ,  191 — . 

,  J.  P.     [Seal.] 

NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  sec.  4412. 

No.  368.    Undertaking  on  Appeal  from  Justice's  Court  in  Criminal 
C  ase — Wyoming. 

State  of , 

County  of  ,  ss. 

,  having  been  convicted  before  ,  a  justice  of  the  peace  of 

paid  county,  of  the  crime  of ,  by  a  judgment  rendered  on  the 


day  of  ,  191 — ,  and  having  appealed  from  said  judgment  to  the 

court  of  said  county,  we,  ,  as  principal,  and  ,  as  surety, 

hereby  undertake  that  the  said  will  appear  in  the  court  of 

said  county  at  the  next  term  thereof,  and  abide  the  judgment  of  the 
said  court,  and  not  depart  without  leave  of  the  same,  or  that  he  will 

pay  to  the  state  of  the  sum  of  dollars  ($ ). 

[Signatures.] 

Acknowledged  before  and  accepted  by  me  at  ,  in  the  county  of 

» — ,  this day  of ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— ■Wyoming,  Comp.  Stats.  1910,  sec.  6120. 

No.  369.    Waiver  of  Appeal  and  Motion  for  New  Trial. 
[Title  of  Court  and  Cause.] 

The  plaintiff  hereby  waives  his  appeal  from  the  judgment  hereto- 
fore entered  against  him  in  the  above-entitled  action,  and  also  his  motion 
for  a  new  trial  in  the  same  matter. 

Dated  ,  19—. 

,  Attorneys  for  Plaintiff. 

No.  370.  Undertaking  on  Appeal  from  Judgment  Appointing  a  Receiver. 
[Title  of  Cause.] 

Whereas  the company,  the  defendant  in  the  above-entitled  action, 

has   appealed  to  the  court  from  a  judgment  made  and   entered 

against  it  in  said  action,  in  the  said  superior  court,  and  in  favor  of  the 

plaintiff  in  said  action,  on  the day  of ,  19 — ,  whereby  a  receiver 

was  appointed  to  take  charge  of  the  property  of  said  defendant  com- 
pany : 

Now,  therefore,  in  consideration  of  the  premises,  and  of  such  appeal, 
we,  the  undersigned,  residents  of  the  city  and  county  of  San  Francisco, 
ilo  hereby  jointly  and  severally  undertake  and  promise,  on  the  part  of 


131  Appeal.  Form  37 1 

the  appellants,  that  the  said  appellants  will  pay  all  damages  and  costs 
which  may  be  awarded  against  them  on  the  appeal,  or  on  a  dismissal 
thereof,  not  exceeding  three  hundi'ed  dollars,  to  which  amount  we 
acknowledge  ourselves  jointly  and  severally  bound. 

And  whereas  the  appellant  is  desirous  of  staying  the  execution  of  said 
judgment  so  appealed  from,  in  so  far  as  it  relates  to  the  appointment 
of  a  receiver,  we  do  further,  in  consideration  thereof,  and  of  the  prem- 
ises, jointly  and  severally  undertake  and  promise,  and  do  acknowledge 

ourselves  further  jointly  and  severally  bound  in  the  further  sum  of 

dollars  ($ )   (being  the  amount  for  that  purpose  fixed  by  the  judge 

of  said  superior  court),  that  if  such  judgment  be  affirmed,  or  the  appeal 
be  dismissed,  the  appellant  will  pay  all  damages  which  the  respondent 

may  sustain  by  reason  of  such  stay,  not  exceeding  the  said  sum  of 

dollars   ($ )   so  as  aforesaid  fixed  by  the  judge  of  this  court,  by 

which  the  said  judgment  was  rendered. 

Witness  our  hands  this day  of f  19 — . 

[Signatures.] 
[Justification.] 

No.  371.    Undertaking  on  Appeal  from  Judgment  Directing   Sale  of 
Personal  Property  upon  Foreclosure  of  Mortgage  Thereon. 

[Title  of  Cause.] 

Whereas  the  defendant  in  the  above-entitled  action  has  appealed  to 

the court  from  a  judgment  made  and  entered  against  him  in  said 

action,  in  the  said  superior  court,  and  in  favor  of  the  plaintiff  in  said 
action,  for  the  sale  of  certain  personal  property  therein  described,  and 
for  the  foreclosure  of  a  mortgage  thereon: 

Now,  therefore,  in  consideration  of  the  premises,  and  of  such  appeaf, 
we,  the  undersigned,  residents  of  the  city  and  county  of  San  Francisco, 
do  hereby  jointly  and  severally  undertake  and  promise,  on  the  part  of 
the  appellants,  that  the  said  appellants  will  pay  all  damages  and  costs 
which  may  be  awarded  against  them  on  the  appeal,  or  on  a  dismissal 
thereof,  not  exceeding  three  hundred  dollars,  to  which  amount  we 
acknowledge  ourselves  jointly  and  severally  bound. 

And  whereas  the  appellant  is  desirous  of  staying  the  execution  of  said 
judgment  so  appealed  from,  in  so  far  as  it  relates  to  the  sale  of  said 
property  and  to  the  foreclosure  of  said  mortgage,  we  do  furthei',  in 
consideration  thereof,  and  of  the  premises,  jointly  and  severally  under- 
take and  promise,  and  do  acknowledge  ourselves   further  jointly  and 

severally  bound  in  the  further  sum  of  dollars  ($ )    (being  the 

amount  for  that  purpose  fixed  by  the  said  superior  court),  that  the  appel- 
lant will,  on  demand,  deliver  the  mortgaged  property  to  the  proper 
officer  if  the  judgment  be  affirmed,  or,  in  default  of  such  delivery,  that 
the  appellant  and  sureties  will,  on  demand,  pay  to  the  proper  officer 
the  full  value  of  such  property  at  the  date  of  the  appeal. 

Witness  our  hands  this day  of ,  19 — . 

[Signatures.] 
[Justification.] 


Form  372  Cowdery's  Form  Book.  132 

NOTE. — In  Cnlifornia,  if  the  judgment  or  order  appealed  from  direct  the 
sale  of  personal  property  upon  the  foreclosure  of  a  mortgage  thereon,  the 
execution  of  the  judgment  or  order  cannot  be  stayed  on  appeal,  unless  an 
undertaking  be  entered  into  on  the  part  of  the  appellant,  with  at  least  two 
sureties,  in  such  amount  as  the  court,  or  the  judge  thereof,  may  direct,  to 
the  effect  that  the  appellant  will,  on  demand,  deliver  the  mortgaged  prop- 
erty to  the  proper  officer  if  the  judgment  be  affirmed,  or  in  default  of  such 
delivery  that  the  appellant  and  sureties  will,  on  demand,  pay  to  the  proper 
officer  the  full  value  of  such  property  at  the  date  of  the  appeal:  California, 
Code  Civ.  Proc,  sec.  9i3, 

No.  372.    Undertaking  on  Appeal  Concerning  Real  Property  and  Money 
Damages. 

[Title  of  Cause.] 

Whereas,  ,  one  of  the  defendants  in  the  above-entitled  action, 

has  ai)pealed  to  the  supreme  court  of  the  state  of from  a  judgment 

rendered  and  entered  against  him  in  the  said  action,  in  the  said  superior 

court,  in  favor  of  the  plaintiff,  on  the day  of ,  19 — ,  for  the 

recovery  of  the  possession  of  certain  lands  and  premises  therein  de- 
scribed, and  dollars   ($ )   damages  for  the  detention  thereof, 

and dollars  ($ )  costs  of  suit: 

Now,  therefore,  in  consideration  of  the  premises,  and  of  such  appeal, 
we,  the  undersigned,  residents  of  the  city  and  county  of  San  Francisco, 
do  hereby  jointly  and  severally  undertake  and  promise,  on  the  part  of 
the  appellants,  that  the  said  appellants  will  pay  all  damages  and  costs 
which  may  be  awarded  against  them  on  the  appeal,  or  on  a  dismissal 
thereof,  not  exceeding  three  hundred  dollars,  to  which  amount  we 
acknowledge  ourselves  jointly  and  severally  bound. 

And  whereas  the  appellant  is  desirous  of  staying  the  execution  of  the 
said  judgment  so  appealed  from,  we  do  further,  in  consideration  thereof, 
and  of  the  premises,  jointly  and  severally  undertake  and  promise,  and 
do  acknowledge  ourselves  further  jointly  and  severally  bound  in  the 

fv;rtlicr  sum  of  dollars   ($ )    (being  double  the  amount  named 

in  the  said  judgment),  that  if  the  said  judgment  appealed  from,  or  any 
part  thereof,  be  affirmed,  or  the  appeal  be  dismissed,  the  appellant  will 
])ay,  in  current  lawful  money  of  the  United  States  of  America,  the 
amount  directed  to  be  paid  by  the  judgment,  or  the  part  of  such  amount 
as  to  which  the  same  shall  be  affirmed,  if  affirmed  only  in  part,  and  all 
damages  and  costs  which  may  be  awarded  against  the  appellant  upon 
the  appeal ;  and  tliat  if  the  appellant  do  not  make  such  payment  within 

thii-ty  (30)  days  after  the  filing  of  the  remittitur  from  the  court 

in  the  court  from  which  the  appeal  is  taken,  judgment  may  be  entered 
on  motion  of  respondent,  in  his  favor,  against  the  undersigned  sureties, 
for  such  amount,  together  with  the  interest  that  may  be  due  thereon, 
and  the  damages  and  costs  which  may  be  awarded  against  the  appellant 
upon  the  appeal. 

And  whereas  the  appellant  is  desirous  of  staying  the  execution  of 
the  said  judgiuent  so  appealed  from,  in  so  far  as  it  relates  to  the  de- 


133  Appeal.  Form  373 

livery  of  possession  of  the  said  land  and  premises,  we  do  further,  in 
consideration  thereof,  and  of  the  premises,  jointly  and  severally  under- 
take and  promise,  and  do  acknowledge  ourselves  further  jointly  and 

severally  bound  in  the  further  sum  of  dollars  ($ )    (being  the 

amount  for  that  purpose  fixed  by  the  judge  of  this  court),  that  during 
the  possession  of  such  property  by  the  appellant  he  will  not  commit, 
or  suffer  to  be  committed,  any  waste  thereon,  and  that  if  the  said  judg- 
ment appealed  from  be  affirmed,  or  the  appeal  be  dismissed,  he  will  pay 
the  value  of  the  use  and  occupation  of  the  property  from  the  time  of 
the  appeal  until  the  delivery  of  possession  thereof,  not  exceeding  the 

said  sum  of  dollars   ($ ),  so  as  aforesaid  fixed  by  the  judge 

of  this  court,  by  which  the  said  judgment  was  rendered. 
Witness  our  hands  this day  of ,  19 — . 

[Justification.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  945. 

No.  373.    Undertaking  on  Appeal  from  Judgment  for  Sale  of  Mortgaged 
Premises  and  Payment  of  Deficiency. 

[Title  of  Cause.] 

Whereas  the  defendant  in  the  above-entitled  action  has  appealed  to 

the court  from  a  judgment  made  and  entered  against  him  in  said 

action,  in  the  said  superior  court,  and  in  favor  of  the  plaintiff  in  said 
action,  for  the  sale  of  certain  mortgaged  premises  therein  described,  and 
for  the  payment  of  any  deficiency  arising  upon  such  sale : 

Now,  therefore,  in  consideration  of  the  premises,  and  of  such  appeal, 
we,  the  undersigned,  residents  of  the  city  and  county  of  San  Francisco, 
do  hereby  jointly  and  severally  undertake  and  promise,  on  the  part  of 
the  appellants,  that  the  said  appellants  will  pay  all  damages  and  costs 
which  may  be  awarded  against  them  on  the  appeal,  or  on  a  dismissal 
thereof,  not  exceeding  three  hundred  dollars,  to  which  amount  we 
acknowledge  ourselves  jointly  and  severally  bound. 

And  whereas  the  appellant  is  desirous  of  staying  the  execution  of  said 
judgment  so  appealed  from,  in  so  far  as  it  relates  to  the  sale  of  said 
mortgaged  premises  and  the  payment  of  a  deficiency  thereon,  we  do 
further,  in  consideration  thereof,  and  of  the  premises,  jointly  and  sev- 
erally  undertake   and  promise,   and   do   acknowledge  ourselves   further 

jointly  and  severally  bound  in  the  sum  of  dollars  ($ )    (being 

the  amount  for  that  purpose  fixed  by  the  judge  of  said  superior  court), 
that  the  appellant  will,  in  case  the  said  judgment  appealed  from  be 
affirmed,  or  the  appeal  be  dismissed,  and  the  mortgaged  premises  sold, 
pay  to  the  proper  officer  the   amount  of  any  deficiency   arising  upon 

such  sale,  not  exceeding  the  said  sum  of  dollars   ($ ),  so  as 

aforesaid  fixed  by  the  judge  of  this  court,  by  which  the  said  judgment 
was  rendered. 

Witness  our  hands  this day  of ,  19 — . 

r-r    ,-.     ..      1  [Signatures.] 

[Justification.] 


Forms  374-380  Cowdery's  Form  Book.  134 

NOTE.— When  the  judgment  is  for  the  sale  of  mortgaged  premises,  and 
the  payment  of  a  deficiency  arising  upon  the  sale,  the  undertaking  must 
also  provide  for  the  payment  of  such  deficiency:  California,  Code  Civ.  Proc, 
sec.  945. 

No.  374.     Notice    of    Appeal   by   Defendant^Small   Claims    Court- 
Oregon. 
In  the  Court  of  the  State  of  Oregon,  for  County, 

Plaintiff, 


Defendant. 

Comes  now ,  a  resident  of county,  Oregon,  and  appeals  from 

a  decision  of  the  small  claims  department  of  the  district  court  of  

county,  Oregon,  for district,  wherein  a  judgment  for dollars 

was  awarded  against  him  on  the day  of ,  19 — . 

,  Appellant. 


APPEARANCE. 

380.    Notice  of  appearance. 

No.  380.    Notice  of  Appearance. 

[Title  of  Court  and  Cause.] 

To  ,  Attorneys  for  Plaintiff: 

The  undersigned  hereby  appears  in  the  above-entitled  action  as 
attorney  for  the  defendant,  reserving  to  himself  ten  days'  time  from 
date  within  which  to  plead  or  move  in  said  action. 

Dated  , 


Attorney  for  Defendant. 


APPLICATION. 

See  Complaint;  Petition. 

Application  by  a  Firm  for  Registration  of  Trademark,  No.  3642. 

Application  by  a  Corporation  for  Registration  of  Trademark,  No.  3643. 

Application  for  Appointment  as  Guardian  Ad  Litem,  No.  2011. 

Application  for  Appraisers  on  Execution  Against  Homestead,  No.  2082. 

Application  for  Change  of  Name,  Nos.  1300,  1301. 

Application  for  Confirmation  of  Composition,  No.  714. 

Application  for  Copyright  by  Citizen  or  Resident  of  the  United  States,  No. 
1258. 

Application  for  Mining  Patent,  No.  2628. 

Application  for  Registration  of  Trademark,  No.  3641. 

Application  for  Subpoena  to  Compel  a  Subscribing  Witness  to  Attend  Be- 
fore an  Officer  to  Prove  the  Execution  of  a  Conveyance,  No.  3452. 


135  Appraisement — Arbitration  and  Award. 

Application  for  Writ  of  Certiorari,  No.  858. 

Application  of  Creditors  for  Executor  to  Recover  Property,  No.  1850. 
Application  of  Husband  of  Insane  Wife  to  Sell  Homestead,  No.  2091:. 
Application  to  United  States  Surveyor-general  for  Survey  of  Mining  Claim. 
No.  2625. 

APPRAISEMENT. 

Appointment,  Oath  and  Report  of  Appraisers,  No.  672. 
Appointment  of  Trustee  by  Creditors,  No.  682. 
Appointment  of  Trustee  by  Referee,  No.  683. 
Appraisement  of  Lost  Property,  No.  2557. 

ARBITRATION  AND  AWARD. 

390.  Agreement,  by  partners,  to  arbitrate. 

391.  Agreement  of  special  submission  to  arbitration. 

392.  Submission  clause  in  contract. 

393.  Agreement  to  arbitrate. 

394.  Notice  to  arbitrators  of  their  appointment. 

395.  Notice  of  hearing  of  arbitration. 

396.  Arbitrator's  oath. 

397.  Oath  of  witness  before  arbitrators. 

398.  Subpoena  on  arbitration. 

399.  Notice  of  filing  award  to  be  served  on  adverse  party. 

400.  Afladavit  that  notice  of  filing  award  has  been  served. 

401.  Affidavit  on  motion  to  vacate  judgment  on  award. 

402.  Notice  of  motion  to  correct  award. 

403.  Order  staying  entry  of  judgment  on  award. 

404.  Order  amending  award. 

405.  Notice  of  motion  to  vacate  award. 

406.  Order  vacating  award  and  ordering  a  rehearing. 

407.  Affidavit  on  motion  to  modify  or  correct  an  award, 

408.  Award. 

409.  Award. 

410.  Bond  on  arbitration. 

411.  Condition  of  bond  on  special  submission. 

412.  Notice  to  arbitrators  of  revocation  by  both  parties. 

413.  Notice  to  party  of  revocation. 

414.  Stipulation  revoking  submission. 

415.  Revocation  of  submission  by  one  party. 

416.  Afiidavit  that  arbitrators  have  not  made  their  award. 

417.  Complaint  in  action  to  recover  damages  for  revocation  of  submission 

to  arbitration. 

418.  Answer  of  arbitration  and  award. 

419.  Release  made  in  pursuance  of  award. 

420.  Agreement  to  submit  controversy  to  arbitration  In  pending  action. 

421.  Agreement  to  submit  controversy  to  arbitration  In  pending  action. 

422.  Report  as  to  disagreement  of  arbitrators  in  arbitration  in  pending 

action. 

423.  Amendment  to  submission  to  arbitration  in  pending  action. 

INTRODUCTORY    NOTE. 

Any  controversy  which  may  be  the  subject  of  a  civil  action, 
except  a  question  of  title  to  real  property,  may  be  submitted  in 
writing  to  arbitration  to  one  or  more  persons.     Questions  relating 


Forms  390, 391  Cowdery's  Form  Book.  136 

merely  to  the  partition  or  the  boundaries  of  real  property  may  be 

submitted. 

NOTE.— Arizona,  Kev.  Stats.  (Civ.  Code  1913),  sec.  1480;  California, 
Code  Civ.  Proc,  sees.  1281,  1282;  Colorado,  Mill's  Ann.  Stats.  1912,  sec. 
1873;  Idaho,  Eev.  Codes  1907,  sees.  5260-5262;  Kansas,  Gen.  Stats.  1915. 
sec.  408;  Montana,  Rev.  Codes  1907,  see.  7365  et  seq.;  Nebraska.  Rev.  Code 
1913,  see.  8218;  Nevada,  Rev.  Laws  1912,  sec.  5255;  New  Mexico,  Stats. 
Ann,  1915,  sec.  243;  North  Dakota,  Comp.  Laws  1913,  sec.  8327;  Utah, 
Comp,  Laws  1907,  sec.  3221;  Washington,  Rem.  Code,  sec.  421;  Wyoming, 
Comp.  Stats.  1910,  sec.  4928  et  seq. 

No.  390.    Agreement,  by  Partners,  to  Arbitrate. 

This  submission,  made  and  entered  into  on  the  day  of  . 

191 — ,  by  and  between and ,  witnesseth : 

Whereas,  the  said  parties,  on  or  about  the  day  of  ,  191—, 

made  and  entered  into  a  copartnership,  at  which  partnership  has 

continued  up  to  the  present  time,  and  being  desirous  of  dissolving  said 
partnership,  and  being  unable  to  agree  upon  the  settlement  of  the 
accounts  thereof,  and  concerning  the  proportions  and  shares  which 
now  belong  to  each  party  therein : 

Now,  therefore,  in  consideration  of  the  premises,  and  to  avoid  re- 
course to  a  suit  in  the  courts,  the  parties  have  agreed  to  mutually 
submit,  and  hereby  do  submit,  and  refer  the  whole  matter  of  the  set- 
tlement and   adjustment   of  said  partnersliip,   as  between  the  parties, 

to  .     And  the  said  parties  do  mutually  covenant  and  agree,  each 

to  and  with  the  other,  to  observe  and  abide  by  the  decision  and  award 
of  such  arbitrator;  and  we  further  agree  that  the  award  and  decision 

of  said  arbitrator  shall  be  made  an  order  of  the court  of  the 

county  of  ,  state  of  ,  and  svch  award  shall  be  made  within 

days  from  the  date  hereof.  [Signatures.] 

NOTE. — Precedent  in  Carsley  v.  Lindsay,  14  Cal.  390,  391. 

No.  391.    Agreement  of  Special  Submission  to  Arbitration. 

Whereas  a  controversy  has  arisen  between  ,  of  the  county  of 

,  state  of ,  and ,  of  the  same  place,  in  relation  to  : 

Now   therefore   we,   the   undersigned,   and   ,    aforesaid,    do 

hereby  submit  the  said  controversy  to  the  arbitrament  of  ,  , 

and  ,  of  the  county  of  ,  state  of  ,  or  any  two  of  them; 

and  we  do  mutually  covenant  and  agree,  to  and  with  each  other,  that 
the  award  to  be  made  by  the  said  arbitrators,  or  any  two  of  them, 
shall  in  all  things,  by  ns,  and  each  of  us,  be  well  and  faithfully  kept 
and  observed;  provided,  however,  that  the  said  award  be  made  in 
writing,  under  the  hands  of  the  said  arbitrators,  or  any  two  of  them, 
and  be  ready  to  be  delivered  to  the  said  parties  in  difference,  or  such 
of  them  as  shall  desire  the  same,  on  the day  of ,  191 — . 

Witness  our  hands  this  day  of  ,  191 — . 

[Si.gnatures.] 


137  Arbitration  and  Award.  Forms  392-394 

No.  392.    Submission  Clause  in  Contract. 

If  a  dispute  should  arise  in  reference  to  extra  work,  or  in  respect 
to  compensation  for  the  same,  such  disagreement  shall  be  submitted 
to  the  arbitration  of  A.  B.,  C.  D.,  and  E.  F.,  and  such  submission  shall 
be  made  and  entered  as  an  order  of  the  superior  court. 

No.  393.    Agreement  to  Arbitrate. 

Whereas  a  controversy  is  now  existing  between  A.  B.  and  C.  D., 
arising  out  of  a  business  transaction  substantially  as  follows:  On 
November  10,  1916,  A.  B.  borrowed  of  C.  D.  $1,000  and  executed, 
acknowledged  and  delivered  to  C.  D.  a  mortgage  upon  certain  land 
belonging  to  A.  B.  to  secure  the  payment  of  said  loan.  After  that 
transaction  A.  B.  and  C.  D.  became  interested  together  in  prospecting 
for  mineral  oil  until  C.  D.  became  indebted  to  A.  B.  in  the  sum  of 
$10,000.  C.  D.  paid  A.  B.  all  said  indebtedness  except  $1,500,  and 
A.  B.  threatened  suit  to  recover  said  balance  unless  C.  D.  would  release 
said  mortgage  and  suiTcnder  A.  B.'s  promissory  note  for  $100,  which 
C.  D.  refused  to  do  upon  the  ground  that  he  held  the  note  and  mortgage 
in  trust  for  his  wife,  and  that  he  never  had  any  interest  in  the  mort- 
gage. The  question  to  be  decided  is.  Shall  C.  D.  execute  said  assign- 
ment? 

Now,  therefore,  we,  the  undersigned,  A.  B.  and  C.  D.,  aforesaid, 
do  hereby  submit  the  said  controversy  to  the  arbitrament  of  E.  F., 
G.  H.  and  I.  J. ;  and  we  do  mutually  agree,  that  the  award  to  be  made 
by  the  said  arbitrators,  or  any  two  of  them,  shall  in  all  things,  by 
us,  and  each  of  us,  be  well  and  faithfully  kept  and  observed;  provided, 
however,  that  the  said  award  be  made  in  writing,  by  the  said  arbitrators, 
or  any  two  of  them,  and  ready  to  be  delivered  to  the  said  parties,  on 
the  first  day  of  May  next,  and  it  is  hereby  stipulated  that  this  sub- 
mission to  arbitration  shall  be  entered  as  an  order  of  the  superior 
court  of  the  state  of  California,  in  and  for  the  city  and  county  of  San 
Francisco. 

Dated  .  [Signatures.] 

No.  394.    Notice  to  Arbitrators  of  Their  Appointment. 
To ,  ,  and  . 

You  are  hereby  notified  that  you  have  been  nominated  and  chosen 

arbitrators,   as  well  on  the  part  and  behalf  of  the  undersigned  , 

of  as  of  ,  of  ,  also  undersigned,  to  arbitrate  and  settle 

divers   subjects   of   controversy   and   dispute  between   the   undersigned, 
and  to  make  award  in  such  matter;  and  you  are  requested  to  meet 

the  said  parties  at  the  office  of  ,  in  the  ,  on  the  day  of 

^  191 — ,  at o'clock  P.  M.  of  that  day,  for  the  purpose  of  fixing 

upon  a  time  and  place  when  and  where  the  proofs  and  allegations  of 
the  said  parties  shall  be  heard. 

Dated  [etc.].  [Signatures.] 


Forms  395-398  Cowdery's  Form  Book.  13S 

No.  395.     Notice  of  Hearing  of  Arbitration. 
To  A.  B.  and  C.  D.: 

You  will  please  take  notice  that  the  arbitrators  have  appointed  a 
hearing  in  the  matter  above  specified,  to  be  had  before  them,  at  the 
office  of  S.  B.,  in  the  town  of,  etc.,  on  the  first  day,  etc. 

[Signatures.] 

NOTE. — If  notice  of  the  time  and  place  of  meeting  on  the  arbitration 
is  not  given  to  the  parties,  the  award  will  be  invalid  as  to  those  not 
notified:  Lutz  v,  Linthicum,  33  U.  S.  165,  8  L  Ed.  904.  But  notice  of  the 
final  meeting  held  simply  to  make  up  and  sign  the  award  is  not  required: 
Masterson  v.  Kidwell,  2  Cranch  (C.  C),  669,  Fed.  Cas.  No.  9269. 

No.  396.    Arbitrator's  Oatlu 

State  of , 

County  of . 


We,  the  undersigned  arbitrators,  appointed  by  and  between  S.  D. 
and  H.  M.,  do  swear  that  we,  respectively,  will  faithfully  and  fairly 
hear  and  examine  the  allegations  and  evidence  of  the  said  parties  in 
relation  to  the  matters  in  controversy  between  them,  and  will  make  a 
just  award  therein,  according  to  our  understanding. 

Subscribed  and  sworn  to  [etc.].  [Signatures.] 

NOTE. — All  the  arbitrators  must  meet  and  act  together,  but  when  met, 
a  majority  may  determine  any  question.  Before  acting,  they  must  be  sworn 
before  an  officer  authorized  to  administer  oaths,  faithfully  and  fairly  to 
hear  and  examine  the  allegations  and  evidence  of  the  parties  in  relation 
to  the  matters  in  controversy,  and  to  make  a  just  award  according  to  their 
understanding:  California,  Code  Civ.  Proc,  sec.  1285. 

No.  397.    Oath  of  Witness  Before  Arbitrators. 

You  do  solemnly  swear  [or  "affirm"]  that  the  evidence  you  shall  give 
to  the  arbitrators  here  present  on  a  controversy  [or,  "on  certain  mat- 
ters in  controversy"],  between  S.  D.  and  H.  M.  shall  be  the  truth, 
the  whole  truth,  and  nothing  but  the  truth.     So  help  you  God. 

NOTE. — Arbitrators  may  appoint  a  time  and  place  for  hearing,  adjourn 
from  time  to  time,  administer  oaths  to  witnesses,  hear  the  allegations  and 
evidence,  and  make  an  award:  California,  Code  Civ.  Proc,  sec.  1284. 

No.  398.    Subpoena  on  Arbitration* 

State  of , 

County  of ,  ss. 

The  People  of  the  State  of to and  ,  Greeting. 

We   command  you,   and  each   of  you,   personally,   to   attend   at  the 

office  of ,  in  the  town  of ,  in  said  county  and  state,  on  the 

day  of  ,  191 — ,  at  o'clock  A.  M.  of  that  day,  before  , 

,  and  ,  arbitrators  chosen  to  determine  a  controversj'  between 

and  ,  whereof  the  submission  is  on  file  in  this  court,  then 


139  Arbitration  and  Award.  Forms  399-401 

and  there  to  testify  in  relation  thereto  before  said  arbitrators,  on  the 
part  of .     Hereof  fail  not  at  your  peril. 

Witness  the  Honorable  ,  judge  of  the  court  of  ,  and 

the  seal  of  said  court,  this  day  of ^  191 — . 

[Seal]  ,  Clerk. 

No.  399.    Notice  of  Filing  Award  to  be  Served  on  Adverse  Party. 
[Title  of  Court  and  Cause.] 
To  C.  D.: 

Please  take  notice  that  the  arbitrators  in  the  above-entitled  matter 
have  made  their  award,  and  it  was  filed  with  the  county  clerk  of  the 
said  city  and  county,  on  the  3d  day  of  June,  1905. 

A.  B. 

No.  400.     Affidavit  That  Notice  of  Filing  Award  has  been  Served. 

[Title  of  Court  and  Cause.] 

A.  B.,  being  sworn,  says  that  on  the  fourth  day  of  June,  1917,  in 
the  said  city  and  county,  he  personally  served  notice  of  filing  the  award 
in  the  above-entitled  matter  on  C.  D.,  by  delivering  him  a  copy  of  the 
original  notice  now  on  file,  in  words  and  figures  as  follows:  [Insert 
copy  of  notice.]  And  deponent  further  states  that  no  order  staying 
the  entry  of  judgment  in  said  matter  has  been  served. 

Subscribed  and  sworn  to  [etc.].  [Signature.] 

No.  401.    Affidavit  on  Motion  to  Vacate  Judgment  on  Award. 
[Title  of  Court  and  Cause.] 

C.  D.,  being  duly  sworn,  says  that,  in  the  above-entitled  matter,  a 
majority  of  the  arbitrators,  to  wit,  E.  F.  and  G.  H.,  agreed  upon  an 
award  in  favor  of  A.  B.,  and  on  the  third  day  of  June,  1917,  filed  the 
same  with  the  county  clerk  of  said  county.  That  by  said  award  said 
C.  D.  is  directed  to  make,  execute,  acknowledge,  and  deliver  to  A.  B., 
on  or  before  June  15,  1917,  a  good  and  sufficient  assignment  of  a  certain 
mortgage  executed  and  delivered  by  the  said  A.  B.  to  C.  D.,  on  November 
10,  191G,  to  secure  the  sum  of  $1,000.  At  a  meeting  of  the  arbitrators, 
C.  D.  offered  to  prove  that  the  said  mortgage  was  the  property  of 
his,  C.  D.'s  wife,  but  it  was  taken  in  his,  C.  D.'s  name,  because  he  was 
trustee  for  his  wife  under  her  deceased  father's  will.  That  after  the 
execution  of  said  mortgage  to  C.  D.  he  and  A.  B.  became  mutually 
interested  in  certain  oil  ventures  and  A.  B.  became  indebted  to  C.  D. 
in  the  sum  of  $10,000.  That  he  paid  all  his  indebtedness  to  A.  B. 
except  $1,500,  and  he,  A.  B.,  threatened  suit  to  recover  said  amount, 
and  the  controversy  between  A.  B.  and  C.  D.  in  the  matter  of  said 
arbitration  was,  whether  C.  D.  had  the  right  to  make  said  assignment 
without  the  consent  of  his  wife.  A  majority  of  the  board  refused  to 
permit  affiant  to  prove  the  facts  as  above  stated.     Wherefore  affiant 


Forms  402, 403  Cowdeby  's  Form  Book.  140 

prays  for  an  order  staying  the  entry  of  said  judgment,  and  for  a  new 
hearing  before  the  same  or  other  arbitrators  as  the  court  may  deem 
proper. 

NOTE. — Vacating  Award. — The  court,  on  motion,  may  vacate  the  award 
upon  either  of  the  following  grounds,  and  may  order  a  new  hearing  before 
the  same  arbitrators,  or  not,  in  its  discretion:  1.  That  it  was  procured  by 
corruption  or  fraud;  2.  That  the  arbitrators  were  guilty  of  misconduct,  or 
committed  gross  error  in  refusing,  on  cause  shown,  to  postpone  the  hear- 
ing, or  in  refusing  to  hear  pertinent  evidence,  or  otherwise  acted  improp- 
erly, in  a  manner  by  which  the  rights  of  the  party  were  prejudiced;  3.  That 
the  arbitrators  exceeded  their  powers  in  making  their  award;  or  that  they 
refused,  or  improperly  omitted,  to  consider  a  part  of  the  matters  submitted 
to  them;  or  that  the  award  is  indefinite  or  cannot  be  performed:  California, 
Code   Civ.   Proc,   sec.   1287. 

Correcting  Award. — The  court  may,  on  motion,  modify  or  correct  the 
award,  where  it  appears:  1.  That  there  was  a  miscalculation  in  figures 
upon  which  it  was  made,  or  that  there  is  a  mistake  in  the  description  of 
some  person  or  property  therein;  2.  When  a  part  of  the  award  is  upon 
matters  not  submitted,  which  part  can  be  separated  from  other  parts,  and 
does  not  affect  the  decision  on  the  matters  submitted;  3.  When  the  award, 
though  imperfect  in  form,  could  have  been  amended  if  it  had  been  a  verdict, 
or  th"e  imperfection  disregarded:  California,  Code  Civ.  Proc,  sec.  1288. 

When  the  verdict  is  announced,  if  it  is  informal  or  insufficient  in  not 
covering  the  issue  submitted,  it  may  be  corrected  by  jury  under  the  advice 
of  the  court,  or  the  jury  may  be  again  sent  out:  California,  Code  Civ.  Proc, 
cA(*     619. 

The  court  may  amend  a  verdict  when  it  is  defective  in  something  merely 
formal,  and  which  has  no  connection  with  the  merits  of  the  ease:  Perkins  v. 
Wilkins,  3   Cal.  137. 

No.  402.    Notice  of  Motion  to  Correct  Award. 

[Title  of  Court  and  Cause.] 

To  CD.: 

Please  take  notice  that  A.  B.  will  move  the  court  to  correct  the 
award  filed  herein  on  August  3,  1917,  by  striking  out  the  sum  of  $73.65 
awarded  in  favor  of  C.  D. 

The  motion  will  be  made  upon  the  affidavit  of  A.  B.  filed  herein  on 
application  to  stay  the  entry  of  judgment  herein,  and  all  the  papers 
in  the  matter,  and  on  the  ground  that  said  amount  was  inserted  in 
the  award  by  mistake. 

Dated .  A.  B. 

No.  403.    Order  Staying  Entry  of  Judgment  on  Award. 
[Title  of  Court  and  Cause.] 

Upon  applieation  of  C.  D.,  supported  by  his  affidavit,  and  upon 
the  award  and  other  papers  on  file  herein,  it  appearing  that  there  is 
good  cause  therefor,  it  is  ordered  that  the  entry  of  judgment  upon  said 
award  be,  and  the  same  is,  by  this  order,  stayed  until  the  further  order 
of  this  coui't. 


141  Arbitration  and  Award.  Forms  404-408 

No.  404.    Order  ilmencling  Award. 
[Title  of  Court  and  Cause,] 

This  matter  came  on  to  be  heard  upon  motion  after  a  hearing  on 
the  merits,  all  parties  being  present  at  the  hearing;  it  is  ordered  that 
the  award  filed  on  August  3,  1917,  be  amended  by  deducting  therefrom 
the  sum  of  $73.75,  and  that  judgment  be  entered  for  the  amount  of 
the  award  as  so  reduced. 

No.  405.    Notice  of  Motion  to  Vacate  Award. 

[Title  of  Court  and  Cause.] 

To  A.  B.: 

Please  take  notice  that  on  Friday,  the  fifteenth  day  of  July,  1917, 
at  10  o'clock  A.  M.,  in  the  above-entitled  action,  C.  D.  will  move  the 
court  at  the  courtroom  thereof  to  vacate  the  award  made  in  said 
matter  upon  the  ground  that  it  was  procured  by  fraud,  and  said  motion 
will  be  based  upon  this  notice,  the  papers  on  file  in  the  matter  and 
upon  the  affidavit  of  C.  D.,  a  copy  of  which  is  served  with  this  notice. 

C.  D. 

No.  406.    Order  Vacating  Award  and  Ordering  a  Rehearing. 
[Title  of  Court  and  Cause.] 

This  matter  coming  on  to  be  heard,  and  after  hearing  being  submitted, 
it  is  ordered  the  award  herein  made  be  vacated  and  the  whole  matter 
be,  and  is  hereby,  submitted  to  the  same  arbitrators  for  rehearing  in 
accordance  with  the  opinion  of  this  court  this  day  given. 

No.  407.    Afadavit  on  Motion  to  Modify  or  Correct  an  Award. 

[Title  of  Court  and  Cause.] 

A.  B.,  being  sworn,  says:  That  he  is  one  of  the  parties  in  the  above- 
entitled  matter.  That  in  the  award  made  in  said  matter  and  filed  on 
August  3,  1917,  it  appears  upon  the  face  of  the  award  that  in  com- 
puting interest  on  the  amount  awarded  in  favor  of  C.  D.,  a  miscal- 
culation was  made  of  the  interest  due  upon  $12,763.72,  from  January  3, 
1914,  to  August  3,  1917,  to  the  amount  of  $73.65  against  affiant;  that 
notice  of  said  award  has  been  served  on  affiant,  and  unless  said  mistake  is 
corrected,  it  will  become  final. 

Wlierefore,  affiant  prays  for  an  order,  staying  the  entry  of  judgment 
on  said  award  until  the  further  order  of  the  court. 

Subscribed  and  sworn  to  [etc.],  A.  B. 

No.  408.    Award. 
[Title  of  Court  and  Cause.] 

To  the  Superior  Court  of  the  State  of  California,  in  and  for  the  City 
and  County  of  San  Francisco. 
The  undersigned,  to  whom  were  submitted,  as  arbitrators,  the  matters 
in  controversy  existing  between  A.  B.  and  C.  D.,  as  by  their  submission 


Form  408  Cowdery's  Form  Book.  142 

in  writing,  and  bearing  date  the  first  day  of  May,  1917,  more  fully 
appears:  Now,  having  been  first  duly  sworn  according  to  law,  and 
having  heard  the  proofs  and  allegations  of  the  parties,  and  examined 
the  matters  in  controversy  by  them  submitted,  do  make  this  award 
in  writing;  that  is  to  say,  the  said  C.  D.  shall  make,  execute,  and  de- 
liver to  the  said  A.  B.  on  or  before  the  fifth  day  of  June,  instant,  a 
good  and  sufficient  assignment  of  a  certain  mortgage,  executed  by  A.  B. 
to  C.  D.,  on  November  10,  1917,  to  secure  the  payment  of  the  sum  of 
$1,000  by  A.  B.  to  C.  D.  That  the  satisfaction  shall  be  acknowledged 
before  a  notary  public  and  be  delivered  to  C.  D.  without  any  payment 
therefor.  And  we  do  further  award  that  the  said  A.  B.  and  C.  D. 
shall,  within  ten  days  next  ensuing  the  date  hereof,  execute  unto  each 
other,  mutual  and  general  releases  of  all  actions,  cause  and  causes  of 
action,  suits,  controversies,  claims,  and  demands  whatsoever,  for  or  by 
reason  of  any  matter,  cause,  or  thing,  from  the  beginning  of  the  world 
down  to  the  date  of  the  said  submission. 

Dated .  G.  H., 

Arbitrator. 

I.  J., 
Ai-bitrator. 

NOTE. — Perms  of  Awards  Upheld. — "We,  the  arbitrators,  find  and  agree 
that  P.  [the  vendor]  pay  S.  [the  vendee]  $550,  and  take  the  crop  as  it  now 
stands,  on  the  said  plantation."  Held,  to  be  sufficiently  certain:  Pike  v. 
Stallings,  71  Ga.  860. 

We  find  that  "there  is  due  and  owing  by  A.  to  B.  the  sum  of  $500,  and 
that  judgment  be  rendered  by  the  court  in  favor  of  B.  in  the  sum  of  $500 
and  costs,"  is  certain:  Garitee  v.  Carter,  16  Md.  309.  The  question  to  be 
arbitrated  was,  as  to  whether  A.  had  trespassed  upon  the  land  of  B.  The 
award  briefly  said:  We  find  that  "there  was  no  trespass."  It  was  certain: 
Harralson  v.  Pleasants,  61  N.  C.  365. 

An  award  for  A.  "of  three  judgments  against  B.,  dated  21  of  December, 
1813,  amounting  to  $165,  witli  interest;  also  one  other  judgment  amounting 
to  $40,  dated  November  16,  1816,  together  with  interest":  Held,  to  be  suffi- 
ciently certain:  White  v.  Jones,  8  Scrg.  &  R.  349. 

An  award  "that  one  of  the  parties  shall  own  in  his  own  right  all  the 
interest  which  the  parties  jointly  had  in  a  brewery  situated  at  B.,"  is  not 
uncertain:  Byers  v.  Von  Deusen,  5  Wend.  268. 

A  dispute  arose  about  the  right  to  the  possession  of  a  sawmill,  etc.,  and 
the  award  was:  "We  award  to  A.  one-third  of  the  sawmill,  one-third  of 
the  mill-yard,  and  one-third  of  the  water  privilege,  and  land  enough  to 
make  in  all  two-thirds  of  five  acres  bounded,"  etc.,  to  be  so  surveyed  as 
not  to  include  B.'s  house  and  barn,  and  A.  to  remove  a  certain  gristmill 
adjoining  said  sawmill  within  three  months,"  is  not  uncertain:  Hewitt  v. 
Furman,  16  Serg.  &  R.  135. 

In  awards,  such  descriptions  as  the  "Peter  tract,"  the  "Riley  tract"  and 
the  "Mill  tract"  or  the  "Reis  tract"  will  be  upheld:  Farris  v.  Gaperton, 
38  Tenn.  606.  An  award  requiring  conve.vances  to  be  made  of  certain  por- 
tions of  land  "up  to  the  original  claim  lines"  is  not  invalid:  Williams  v. 
Warren,  21  111.  541. 

The  dispute  was  whether  A.  had  the  right  to  stop  the  water  from  B.'s 
shingle-mill,  and  also  the  right  of  the  party  to  the  use  of  the  water.  The 
award  was  that  "A.  had  the  right  for  the  use  of  his  sawmill  to  stop  in  a 
prudent,  proper  and  judicious  manner,  and  retain  the  water  from  the 
shingle-mill  by  a  dam  above  and  near  the  Durgan  bridge,  and  at  the  place 


143  Arbitration  and  Award.  Form  409 

where  the  dam  then  stood,  and  of  the  height  of  the  present  dam,  sufTiPiont 
to  operate  the  sawmill,  as  it  had  been  operated  since  the  dam  near  the 
bridge  had  been  built,  and  not  otherwise,  and  that  B.  should  not,  in  any 
manner  nor  for  any  purpose,  obstruct  the  water,  but  should  permit  A.  to 
use  it  without  molestation."     Held  sufficient:  Pike  v.  Gage,  29  N.  H.  461. 

An  award  that  a  mill  owner  should  "keep  on  said  cap  log  flash-boards 
twelve  inches  wide,  at  all  times  except  in  times  of  freshet,"  was  upheld 
as  to  the  form,  but  set  aside  because  the  word  "freshet"  was  so  varying 
in  meaning  as  to  necessitate  constant  litigation:  Harris  v.  Social  Mfg.  Co., 
9  R.  I.  99,  11  Am.  Eep.  224. 

An  award  tliat  T.  shall  have  the  right  of  support  for  his  building  and 
the  timbers  thereof  in  a  wall  erected  by  S.,  separating  the  buildings  of 
T.  and  S.  in  as  full,  ample  and  secure  a  manner  as  they  are  now  supported 
therein,  for  so  long  a  time  as  said  wall  shall  be  capable  of  furnishing  said 
support,  and  not  to  become  ruinous  and  unsafe,  and  that  S.  shall  have  the 
same  right  of  support  for  her  building  and  the  timbers  thereof  in  the  wall 
of  said  T.  in  the  manner  they  are  now  supported  thereby,  and  for  the  same 
time  was  upheld  in  Truesdale  v.  Straw,  58  N.  H.  207. 

An  award  providing  that  notes  which  were  ordered  by  the  award  should 
be  "satisfactorily  secured"  upheld,  because  the  words  above  quoted  had  a 
well-known  commercial  meaning:  Cutter  v.  Cutter,  48  N.  Y.  Super.  Ct.  470. 
The  question  submitted  was  the  value  of  work  on  a  house.  The  arbitrators 
set  out  the  items  of  work  done  and  set  a  value  to  each  item.  Award  held 
to  be  clear  and  certain:  Saunders  v.  Heaton,  12  Ind.  20. 

A  county  had  a  dispute  with  its  treasurer  in  respect  to  the  amount  due 
it.  The  arbitrators  found  as  follows:  "We  find  the  said  J.  deficient  in  the 
teacher's  fund  $660.90;  interest  thereon  at  6  per  cent,  to  December  15,  18S3, 
$144.48.  We  find  J.  deficient  in  the  contingent  fund  $143.24;  interest  on 
the  same  to  December  15,  1883,  $10.67.  Total  deficiency,  with  interest 
added  on  all  funds,  $957.08."  Award  held  to  be  certain:  District  Tp.  oV 
Walnut  V.  Rankin,  70  Iowa,  65,  29  N.  W.  806. 

"We  agree  that  E.  S.  pay  all  costs,  and  assess  the  plaintiff's  damage 
to  $100,"  interpreted  by  the  court  to  mean  that  defendant  E.  S.  was 
"awarded"  to  pay  to  the  plaintiff  $100  and  also  his  costs  expended  in  the 
cause  referred:  Carter  v.  Sams,  20  N.  C.  321. 

No.  409.    Award. 

In  the  Matter  of  the  Arbitration  Between  R.  B.  C  and  D.  B.  L. 

The  above  cause  having  been  heard  and  determined  before  the  under- 
signed, M,  N.,  named  as  arbitrator  in  the  submission  of  the  parties, 
filed  in  the  court,  to  wit,  on  the  thirty-first  day  of  May,  and  on  the 
first  and  second  days  of  June,  1917,  the  parties  on  each  day  appearing, 
and  all  and  singular  the  evidence  having  been  heard,  I  hereby  make 
award  herein  as  follows : 

That  the  said  R.  B.  C.  is  accountable  to  the  partnership  lately  exist- 
ing between  him  and  said  L.  in  the  sum  of  $491.32. 

And  the  said  D.  B.  L.  is  accountable  to  the  said  partnership  in  the 
sum  of  $2,905.81. 

And  that,  by  reason  of  the  premises,  the  said  C.  is  entitled  to  have 
and  recover  of  said  L.  one-half  the  difference  between  said  amounts, 
viz.:  $2,707,241/2,  and  that  the  said  partnership  between  the  said  C.  and 
L.,  from  this  date  should  be  dissolved. 

NOTE. — This  form  is  a  copy  of  the  award  sustained  by  the  supreme 
«ourt  in  Carsley  v.  Lindsay,  14  Cal.  390. 


Forms  410-412  Cowdery's  Form  Book.  144 

No.  410.     Bond  on  Arbitration. 

Know  all  men  by  these  presents:  That  I,  A.  B.,  am  held  and  firmly 
bound  to  C.  D.  in  the  sum  of  one  thousand  dollars,  lawful  money  [or 
gold  coin]  of  the  United  States,  to  be  paid  to  the  said  C.  D.,  or  to  his 
executors,  administrators,  or  assigns,  for  which  payment  to  be  well 
and  faithfully  made,  I  bind  myself,  my  heirs,  executors,  and  admin- 
istrators, firmly  by  these  presents: 

The  condition  of  this  obligation  is  such,  that  if  the  above  bounden 
A.  B.,  his  heirs,  executors,  and  administrators,  shall  and  do,  in  all 
things,  v/ell  and  truly  abide  by,  perform,  fulfill  and  keep,  the  award, 
order,  arbitrament,  and  final  determination  of  E.  F.,  G.  H.,  and  I.  J., 
of,  etc.,  arbitrators,  appointed  to  arbitrate,  award,  order,  judge,  and 
determine,  of  and  concerning  all  and  all  manner  of  action  and  actions, 
cause  and  causes  of  actions,  suits,  bills,  bonds,  specialties,  judgments, 
executions,  quarrels,  controversies,  trespasses,  damages,  and  demands 
whatsoever,  at  any  time  heretofore  had,  made,  moved,  brought,  com- 
menced, sued,  prosecuted,  done,  suffered,  committed,  or  depending  by 
and  between  the  said  parties,  so  as  the  said  award  be  made  in  writing 
under  the  hands  of  the  said  arbitrators,  or  any  two  of  them,  and 
ready  to  be  delivered  to  the  said  parties  in  difference,  or  such  of  them 
as  shall  desire  the  same,  on  or  before  the  first  day  of  May,  1917,  then 
this  obligation  to  be  void,  or  else  to  remain  in  full  force. 

Dated  .  ro-       x         i 

[Signatures.] 

NOTE. — Each  party  may  give  to  the  other  a  similar  bond. 

No.  411.    Condition  of  Bond  on  Special  Submission. 

The  condition  of    the  above  obligation  is  such  that  if    the  above- 

bounden  shall  well  and  truly  submit  to  the  decision  of ,  , 

and  ,  named,  selected,  and  chosen  arbitrators,  as  well  by  and  on 

the  part  and  behalf  of  the  said  and  ,  betv.'cen  whom  a  con- 
troversy exists,  to  hear  all  the  proofs  and  allegations  of  the  parties, 

of  and  concerning ,  and  all  matters  relating  thereto,  so  as  the  said 

award  be  made  in  writing,  under  the  hands  of  said  arbitrators,  or  any 
two  of  them,  and  ready  to  be  delivered  to  the  said  parties  in  differ- 
ence, or  such  of  them  as  shall  desire  the  same,  on  or  before  the  

(lay  of  ,  191 — ,  then  this  obligation  is  to  be  void;  otherwise,  to 

remain  in  full  force  and  effect. 

Witness  our  hands  [etc.]. 

[Signature.] 

No.  412.    Notice  to  Arbitrators  of  Revocation  by  Both  Parties. 

To  S.  N.,  T.  F.,  and  F.  R.,  Esquires: 

Take  notice,  that  we  do  hereby  revoke  your  powers  as  arbitrators 
under  the  submission  made  to  you  by  us  in  writing,  and  entered  as  an 
order  of  the  superior  court  [or  as  the  case  may  be],  on  the  first  day 
of  Mtiy,  1917.  A.  B. 

C.  D. 


145  Arbitration  and  Award.  Forms  413-416 

No.  413.    Notice  to  Party  of  Revocation. 
To  S.  D.: 

You  are  hereby  notified,  that  I  have  this  day  revoked  the  powers  of 
S.  N.,  T,  F.,  and  F.  R.,  arbitrators  chosen  to  settle  the  matters  in  con- 
troversy between  us;  and  that  the  following  is  a  copy  of  such  revoca- 
tion: [Insert  the  revocation  made  by  one  of  the  parties  only.] 

No.  414.    Stipulation  Revoking  Submission. 
[Title  of  Court  and  Cause.] 

In  the  matter  of  A.  B.  and  C.  D.,  it  is  hereby  stipulated  that  the 
matter  of  the  submission  to  arbitration  by  A.  B.  and  C.  D.,  on  May  1, 
1917,  and  filed  and  entered  on  the  same  day  in  Register  of  Actions, 
Book  112,  Case  No.  35,872,  in  county  clerk's  office  of  the  city  and 
county  of  San  Francisco,  is  hereby  revoked. 

No.  415.    Revocation  of  Submission  by  One  Party. 
To  ,  ,  and  . 

You  are  hereby  notified  that  I,  the  undersigned,  do  hereby  revoke 

your  powers  as  arbitrators  under  the  submission  made  to  you  by  

and  myself  in  writing  on  the day  of ,  191 — . 

Dated  [etc.]. 

[Signature.] 

NOTE. — If  the  submission  is  not  made  an  order  of  the  court,  it  may  be 
revoked  at  any  time  before  the  award  is  made. 

No.  416.    Affidavit  That  Arbitrators  Have  not  Made  Their  Award. 

[Title  of  Court  and  Cause.] 

A.  B.,  being  duly  sworn,  says:  That  the  above-entitled  matter  was  on 
May  1,  1917,  submitted  to  arbitration;  and  it  was  stipulated  that  the 
submission  be  entered  as  an  order  of  the  said  superior  court,  and  said 
submission  was  entered  by  the  county  clerk  of  said  city  and  county, 
in  the  manner  as  is  directed  by  law.  That  E.  F.,  G.  H.,  and  I.  J.  were 
named  in  said  submission  as  arbitrators.  That  the  time  stipulated 
within  which  the  award  must  be  made  has  passed,  and  award  has  not 
been  made.  That  arbitrators  E.  F.  and  G.  H.  have,  from  time  to  time, 
met,  but  have  been  unable  to  agree,  and  cannot  agree  without  the 
presence  of  said  third  arbitrator,  upon  an  award.  That  I.  J.,  the  third 
arbitrator,  appeared  at  the  first  meeting  of  the  arbitrators  after  the 
submission,  to  wit,  on  May  2,  1917,  and  the  three  arbitrators  were 
jointly  and  severally  sworn  in  tlie  manner  directed  by  law  and  unan- 
imously adjourned  to  meet  again  at  the  same  hour  and  place  in  said 
city  and  county  on  May  4,  1917,  and  at  the  time,  place  and  hour  to 
which  the  first  meeting  was  adjourned,  affiant,  C.  D.  and  E.  F.  and 
G.  H.  met,  but  the  said  I.  J.  did  not  appear.  That  on  the  day  follow- 
ing, to  wit,  on  May  5,  1917,  affiant  met  said  I.  J.  and  asked  him  why 

Form  Book — 10 


Form  417  Cowdery  's  Form  Book.  146 

he  did  not  attend  at  the  meeting  on  May  4th  as  agreed  upon.  He  then 
said  that  he  had  too  much  to  do  and  could  not  be  there  without  injury 
to  his  business,  and  he  had  made  up  his  mind  to  have  nothing  more 
to  do  with  the  matter. 

Wherefore,  affiant  respectfully  requests  the  court  to  make  an  order 
commanding  the  said  I.  J.  to  show  cause  why  he  should  not  be  held 
to  answer  for  the  violation  of  his  oath  that  he  would  faithfully  hear 
and  examine  the  allegations  and  evidence  of  the  parties  in  relation  to 
the  matters  in  arbitration  controversy  between  affiant  and  C.  D.;  [or 
to  show  cause  why  he  should  not  be  punished  for  contempt  because  of 
his  failure  to  perform  his  duty  as  aforesaid  as  arbitrator,  or  to  show 
cause  why  he  should  not  be  commanded  to  attend  all  meetings  held  by 
said  arbitrators  until  award  is  made]. 

Subscribed  and  sworn  to  [etc.]. 

No.  417.    Complaint  in  Action  to  Recover  Damages  for  Revocation  of 

Submission  to  Arbitration. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the day  of ,  191 — ,  plaintiff  and  defendant  con- 
tracted together,  in  writing,  as  follows:  . 

2.  That  immediately  after  the  execution  of  said  contract,  plaintiff 
made  preparations  to  prosecute  said  arbitration  matter,  by  employing 
experts  to  examine  books  of  account  and  to  make  estimates  of  value, 
and  employed  an  attorney  at  law  to  assist  plaintiff  in  gathering  evi- 
dence to  sustain  plaintiff's  contention  in  said  arbitration  matter,  and 
brought  witnesses  to  the  place  where  the  arbitrators  had  agreed  to 
meet,  and  did  meet,  to  wit,  at  room  . 

3.  That  all  said  arbitrators  met  on  twelve  different  days  at  the  place 

agreed  upon,  in  the  month  of  ,  191 — ,  and  examined  witnesses  and 

documentary  evidence;  and  both  plaintiff  herein  and  defendant  ap- 
peared at  every  meeting  held,  and  produced  witnesses  and  brought 
counsel  with  them,  and  said  counsel  conducted  the  arbitration,  and 
Avhen  the  evidence  was  all  in  the  matter  was  argued  by  counsel  on  each 
side  and  submitted  to  the  arbitrators  for  judgment. 

4.  That   while   the   arbitrators   were   considering   the   matter  before 

them,  but  before  an  award  was  made,  to  wit,  on ,  191 — ,  defendant 

served  a  writing  on  plaintiff  and  on  each  of  the  arbitrators  revoking 
the  submission  to  arbitration,  and,  without  plaintiff's  consent,  defend- 
ant revoked  said  submission  to  arbitration,  and  also  notified  plaintiff 
and  all  the  arbitrators  at  the  last  meeting  held  that  he  would  have 
nothing  more  to  do  with  said  arbitration,  and  the  arbitrators  adjourned 
without  day. 

5.  That  in  preparing  said  matter  for  arbitration  and  submission,  and 

in    arbitrating    and    submitting    said   matter,    plaintiff    expended    

dollars  ($ )  for  witness  fees,  dollars  ($ )  for  counsel  fees, 

■ dollars    ($ )    for  examining  and  experting  books  of  account; 


147  Arbitration  and  Award.  Forms  -118-420 

and  plaintiff  alleges  that  his  own  time  occupied  in  preparing  for  said 
arbitration  and  attending  the  several  meetings  was  a  loss  to  him  to  the 

extent  of  dollars  ($ ). 

Wherefore   plaintiff  alleges   that  because   of  defendant's   revocation 
of  said  submission  to  arbitration  he  has  been  damaged  in  the  sum  of 

dollars    ($ ),  and  for  which   he   demands  judgment   and  for 

costs  of  this  action. 

[Signature.] 

No.  418.    Answer  of  Arbitration  and  Award. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  That  on  the day  of  ,  191—,  the  plaintiff  and  defendant, 

in  writing,  mutually  submitted  the  demand  set  forth  in  the  complaint 

to  the  arbitration  of  ,  ,  and  ,  which  said  submission  has 

never  been  revoked. 

2.  That  on  the  day  of ,  191 — ,  at ,  the  said  arbitrators 

made  and  published  their  award,  by  which  they  declared  the  plaintiff 
not  entitled  to  any  part  of  his  said  demand. 

3.  [A  copy  of  said  submission  and  of  said  award  is  hereto  attached, 
marked  "Exhibit  A,"  and  made  part  hereof.] 

Wherefore  defendant  prays  judgment  for  his  costs. 

[Verification.] 

[Signature.] 
No.  419.    Release  Made  in  Pursuance  of  Award. 

Know  all  men  by  these  presents  that  I,  ,  of ,  in  the  county 

of ,  state  of ,  have  remised,  released,  and  forever  quitclaimed, 

and  by  these  presents  do  remise,  release,  and  forever  quitclaim,  unto 

,  of ,  in  the  said  county,  his  heirs,  executors,  and  administrators, 

from  all  actions,  cause  and  causes  of  action,  judgments,  suits,  con- 
troversies, trespasses,  debt,  duties,  damage,  accounts,  reckonings,  and 
demands  whatsoever,  for  or  by  reason  of  any  matter,  cause,  or  thing 

Avhatsoever,  from  the  beginning  of  the  world  to  the  day  of  

last,  save  and  except  my  right  to  redeem  a  certain  farm  now  in  mort- 
gage to  the  said ,  at  the  time,  under  the  terms,  and  in  the  manner 

prescribed  in  and  by  a  certain  award  made  the  day  of  ,  in 

the  year ,  by ,  of  the  county  of ,  state  of ,  on  reference 

to  him  of  all  disputes  between  me  and  the  said . 

In  witness  whereof  [etc.].  [Signature.] 

No.  420.    Agreement  to  Submit  Controversy  to  Arbitration  in  Pending 

Action. 
[Title  of  Court  and  Cause.] 

It  is  stipulated  and  agreed  between  the  parties  hereto  that  the  plain- 
tiff and  defendant  do  hereby  submit  the  controversy  set  forth  in  the 
pleadings  on  file  herein  to  the  arbitration  of  A,  H.  R.,  nominated  by 


Form  421  Cowdery's  Form  Book.  148 

the  plaintiff,  and  E.  T.  C,  nominated  by  the  defendant;  and  in  case 
said  arbitrators  are  unable  to  agree  they  shall  select  a  disinterested 
third  party,  and  all  three  of  said  arbitrators  shall  thereupon  arbitrate 
the  said  controversy,  and  the  judgment  of  any  two  of  them  shall  be 
final;  and  said  arbitration  shall  be  both  upon  the  issues  of  law  and 
fact  raised  by  said  pleading. 

It  is  further  expressly  provided  that  the  said  award  shall  be  made 
in  writing  by  the  said  arbitrators,  or  any  two  of  them,  and  that  the 

said  award  shall  be  made  within day  of  the  date  of  this  submission. 

It  is  stipulated  that  this  submission  to  arbitrate  shall  be  entered 
as  an  order  of  the  above-entitled  court  and  may  be  enforced  by  the 
court  in  the  same  manner  as  a  judgment  as  provided  in  section  1283 
of  the  Code  of  Civil  Procedure. 

In  witness  whereof  the  parties  have  hereunto  set  their  hands  and 

seals,  this day  of ,  19 — . 

,  Plaintiff. 

,  Attorney  for  Plaintiff. 

-      ,  Defendant. 
,  Attorney  for  Defendant. 

No.  421.    Agreement  to  Submit  Controversy  to  Arbitration  in  Pending 
Action. 

[Title  of  Court  and  Cause.] 

It  is  stipulated  and  agreed  between  the  parties  hereto  that  the  plain- 
tiff and  defendant  do  hereby  submit  the  matter  in  controversy  set  forth 
in  the  complaint  on  file  herein  to  the  following  three  arbitrators,  viz. ; 
A.  C.  R., 
G.  W.,  and 
P.  J.  L. 
and  the  said  three  above-named  arbitrators  shall  arbitrate  said  con- 
troversy, and  the  judgment  of  any  two  of  them  shall  be  final;  and  said 
arbitration  shall  be  both  upon  the  issues  of  law  and  of  fact  raised  by 
said  complaint. 

It  is  further  expressly  provided  that  the  said  award  shall  be  made 
in  writing  by  the  said  arbitrators,  or  any  two  of  tliem,  and  that  said 
award  shall  be  made  within days  of  this  submission. 

rt  is  stipulated  that  this  submission  to  arbitrate  shall  be  entered 
as  an  order  of  the  above-entitled  court  and  may  be  enforced  by  the 
court  in  the  same  manner  as  a  judgment,  as  provided  in  section  1283 
of  the  Code  of  Civil  Procedure. 

In  witness  whereof  the  parties  have  hereunto  set  their  hands  and 
seals  this day  of ,  A.  D.  19—. 


-,  Attorneys  for  Plaintiff. 
-,  Attorneys  for  Defendant. 


149  Arrest  and  Bail  in  Civil  Actions.    Forms  422,  423 

No.  422.    Report  as  to  Disagreement  of  Arbitrators  in  Arbitration  in 

Pending  Action. 
[Title  of  Court  and  Cause.] 

E.  N.,  one  of  the  arbitrators  appointed  under  the  submission  to  arbi- 
tration herein  dated ,  19—   and  the  amendment  thereto  dated  , 

19—,  and  filed  in  the  above-entitled  court  on  ,  19—,  hereby  cer- 
tifies and  reports  to  the  parties  hereto,  and  to  the  above-entitled  court 

as  follows,  to  wit:  a     rr    at     V 

That  said  undersigned  arbitrator  cannot  agree  with  A.  H.  M.,  his 
coarbitrator,  as  to  the  award  by  them  to  be  made  hereunder,  and  that 
further  said  undersigned  arbitrator  cannot  agree  with  his  coarbitrator 
as  to  the  selection  of  a  disinterested  third  party  to  sit  and  act  as  a  third 
arbitrator  herein.  Respectfully  submitted, 

Dated  this  day  of ,  19—. 

No.  423.    Amendment  to  Submission  to  Arbitration  in  Pending  Action. 
[Title  of  Court  and  Cause.] 

By  mutual  consent,  the  nomination  of  C.  H.  D.  as  the  arbitrator  nomi- 
nated by  plaintife  under  the  submission  on  file  herein  is  hereby  with- 
drawn, and  A.  M.  is  hereby  substituted  for  said  C.  H.  D.,  as  plaintiff's 
nominee,  which  said  substitution  is  ratified  and  approved  by  all  of  the 
parties  hereto. 

Dated ,  19—.  ^  Plaintiff. 

,  Attorney  for  Plaintiff. 

,  Defendant. 

,  Attorney  for  Defendant. 

ARREST  AND  BAIL  IN  CIVIL  ACTIONS. 

434  Affidavit  for  order  of  arrest— Departing  to  defraud  creditors. 

435  Affidavit  for  order  of  arrest— Money  received  in  a  fiduciary  capacity. 
436.  Affidavit  for  order  of  arrest— Personal  property  unjustly  detained. 
437  Affidavit  for  order  of  arrest— Fraud  in  contracting  debt. 

438.  Affidavit  for  order  of  arrest  for  fraudulent  concealment  of  property. 

440.  Undertaking  for  order  of  arrest. 

441.  Order  for  arrest. 

442.  Indorsement  of  order  of  arrest — Justice's  court, 

443.  Undertaking  on  part  of  defendant. 

444.  Command  by  sureties  to  arrest  defendant. 

445.  Notice  to  plaintiff  of  arrest— Justice's  court. 

446.  Return,  and  certificate  of  service  of  summons,  order  of  arrest,  and  ol 

notice  to  plaintiff — Justice's  court. 

447.  Notice  of  apnlication  for  discharge  from  imprisonment. 

448.  Judgment  by  justice  of  the  peace  when  defendant  is  subject  to  axre«. 

449.  Undertaking  for  arrest  in  justice's  court— Oregon. 

450.  Undertaking  for  arrest  in  justice's  court— Washington. 

451.  "Writ"  of  arrest  in  justice's  court— Oregon. 

452.  "Warrant"  of  arrest  in  justice's  court— Washington. 

453.  Return  of  summons  on  arrest. 


Form  434  Cowdery's  Form  Book.  150 

INTRODUCTORY  NOTE. 
In  California,  the  defendant  may  be  arrested :  1.  In  an  action 
for  the  recovery  of  money  or  damages  on  a  cause  of  action  arising 
upon  contract,  express  or  implied,  when  the  defendant  is  about  to 
depart  from  the  state  with  intent  to  defraud  his  creditors;  2.  In 
an  action  for  a  fine  or  penalty,  or  for  money  or  property  embezzled, 
or  fraudulently  misapplied,  or  converted,  to  his  own  use,  by  a  public 
officer,  or  an  officer  of  a  corporation,  or  an  attorney,  factor,  broker, 
agent  or  clerk,  in  the  course  of  his  employment  as  such  or  by  any 
other  person  in  a  fiduciary  capacity ;  or  for  misconduct  or  neglect 
in  office,  or  in  a  professional  employment,  or  for  a  willful  violation 
of  duty ;  3.  In  an  action  to  recover  the  possession  of  personal  prop- 
erty unjustly  detained,  when  the  property,  or  any  part  thereof, 
has  been  concealed,  removed,  or  disposed  of,  to  prevent  its  being 
found  or  taken  by  the  sheriff;  4.  When  the  defendant  has  been 
guilty  of  a  fraud  in  contracting  the  debt  or  incurring  the  obliga- 
tion for  which  the  action  is  brought ;  or  in  concealing  or  disposing 
of  the  property  for  the  taking,  detention,  or  conversion  of  which 
the  action  is  brought ;  5.  When  the  defendant  has  removed  or  dis- 
posed of  his  property,  or  is  about  to  do  so,  with  intent  to  defraud 
his  creditors.  An  order  for  the  arrest  of  the  defendant  must  be 
obtained  from  the  judge  of  the  court  in  which  the  action  is  brought. 
The  order  may  be  made  w^henever  it  appears  to  the  judge,  by  affi- 
davit, that  a  sufficient  cause  of  action  exists,  and  that  the  case  is 
one  of  those  mentioned  above.  The  affidavit  must  be  either  positive 
or  upon  information  and  belief ;  and  when  upon  information  and 
belief,  it  must  state  the  facts  upon  which  the  information  and  be- 
lief are  founded. 

NOTE —Alaska,  Comp.  Laws  1913,  sees.  931-954;  California,  Code  Civ. 
Proc  see.  479  et  seq.;  Idaho,  Rev.  Codes  1907,  sees.  4240^266;  Kansas,  Gen. 
Stats'  1915  sees.  7039-7067;  Montana,  Rev.  Codes  1907,  sees.  6o9o-6621; 
Nevada  Rev.  Laws  1912,  sees.  5087-5123;  North  Dakota,  Comp.  Laws 
1913  sees  7488-7515;  Oregon,  Lord's  Oregon  Laws,  sec.  261  et  seq.;  South 
Dakota  Comp.  Laws  1913,  sec.  4944  et  seq.;  Utah,  Comp.  Laws  1907  sees 
3010-3044;  Washington,  Rem.  Code,  Bees.  748-784;  Wyoming,  Comp.  Stats. 
1910,    sees.    4817-4846. 

No.  434.    Affidavit  for  Order  of  Arrest  —  Departing  to  Defraud  Credi- 
tors. 
[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco,— ss. 

J.  D.,  being  duly  sworn,  says,  that  he  is  the  plaintiff  in  the  above- 
entitled' action;,  that  a  sufficient  cause  of  action  exists  in  favor  of  plain- 
tiff against  said  defendant,  as  fully  appears  from  the  verified  complaint 


151  Arrest  and  Bail  in  Civil  Actions.  Form  435 

herein,  a  copy  of  which  complaint  is  hereto  annexed  and  made  a  part 
of  this  affidavit,  and,  affiant  avers  that  the  allegations  therein  contained 
are  true;  that  it  is  an  action  for  the  recovery  of  money  on  a  cause  of 
action  arising  upon  an  express  contract,  and  that  the  defendant  in  said 
action  is  about  to  depart  from  this  state  with  intent  to  defraud  his 
creditors. 

And  affiant  further  states  and  shows  the  following  facts  and  circum- 
stances in  support  of  the  above  allegations  of  fraud,  to  wit :  Said  defend- 
ant has  converted  all  his  property  into  cash  at  much  less  than  its  real 
value,  and  has,  under  the  assumed  name  of  "B.  J."  secured  a  passage  on 
the  steamer  "M.  T.,"  ad\  ertised  to  sail  this  day  for  Panama,  and  is  now 
on  said  steamer  with  intent  to  leave  this  state.  Said  defendant,  although 
he  has  met  this  affiant  daily  within  the  past  week,  and  was  yesterday 
requested  to  pay  the  plaintiff's  claim,  has  never  informed  the  plaintiff 
that  he  intended  to  leave  the  state;  and  yesterday,  after  having  made 
full  preparations  to  leave  this  day,  he  promised  the  plaintiff  to  pay 
to-morrow,  at  plaintiff's  office. 

[All  courts.] 

[Signature.] 

NOTE. — This  form,  when  used  in  a  justice's  court,  should  not  contain 
the  clause  referring  to  tiie  verified  complaint  on  file.  The  aflSdavit  should 
state  the  cause  of  action  with  fullness:  See  Cal.  Code  Civ.  Proc,  sees. 
410,  849. 

No.  435.    Affidavit  for  Order  of  Arrest— Money  Received  in  a  Fiduciary 
Capacity. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  In  the  above- 
entitled  action;  that  a  sufficient  cause  of  action  exists  in  favor  of  the 

plaintiff  and  against  said  defendant  in  said  action  for  the  sum  of 

dollars  ($ ),  as  follows:  That  between  the day  of ,  191—, 

and  the day  of ,  191—,  the  defendant  was  employed  by  plain- 
tiff as  a  clerk  at ,  in  the  county  of ,  state  of ;  that  during 

the  time  and  at  the  place  aforesaid,  the  said  defendant,  in  the  course 
of  his  employment  as  aforesaid,  collected  and  received  for  the  use  of 
the  plaintiff  various  sums  of  money,  aggregating  more  than  the  sum  of 

dollars    ($ ),  which,  under  the  terms  of  his  employment,  he 

promised  and  agreed  to  pay  and  deliver  to  plaintiff  as  and  when  the 
same  was  so  received;  that  of  the  amount  so  received  by  the  defendant 
as  aforesaid,  he  neglected  and  refused  to  pay  to  the  plaintiff  the  sum 

of  '-  dollars  ($- ),  or  any  part  thereof,  but  in  the  course  of  his 

employment  as  such  clerk  fraudulently  converted  the  whole  of  said  last- 
named  sum  to  his  own  use ;  all  of  which  more  fully  appears  by  the  com- 


Forms  436, 437  Cowdery's  Form  Book.  152 

plaint  on  file  licrein,  a  copy  of  which  is  hereto  annexed  and  made  a  part 
hereof. 

That  said  action  is  one  for  the  recovery  of  money  fraudulently  con- 
verted to  his  own  use  by  the  defendant  in  the  course  of  his  employment 
as  a  clerk  for  the  plaintiff,  as  above  shown;  and  affiant  further  states 
and  shows  the  following  facts  and  circumstances  to  sustain  said  charge 

of  fraudulent  conversion:  . 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

No.  436.    Affidavit  for  Order  of  Arrest  —  Personal  Property  Unjustly 
Detained. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  S3. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above- 
entitled  action;  that  he  is  the  owner  of  the  personal  property  claimed 
in  this  action,  which  is  described  as  follows,  to  wit:  . 

That  said  personal  property  is  unjustly  detained  by  the  defendant 
herein;  that,  according  to  the  best  knowledge,  information,  and  belief 
of  this  affiant,  the  alleged  cause  of  such  detention  of  said  property  is  as 
follows,  to  wit:  . 

That  the  actual  value  of  the  said  personal  property  is  dollars 

($ )• 

That  said  property  has  been  concealed  by  the  defendant  in  said  action 

to  prevent  its  being  found  or  taken  by  the  sheriff,  and  plaintiff  states 
the  following  facts  and  circumstances  to  support  said  charge  of  conceal- 
ment, to  prevent  the  finding  or  taking  of  said  property,  as  above  stated, 

to  wit, . 

[Signature.] 
Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

No.  437.    AfBdavit  for  Order  of  Arrest — Fraud  in  Contracting  Debt. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above- 
entitled  action;  that  a  sufficient  cause  of  action  exists  in  favor  of  the 
plaintiff  and  against  said  defendant,  as  follows:  That  on  or  attout  the 

day  of  ,  191 — ,  at ,  in  the  county  of ,  state  of , 

the  defendant  borrowed  and  received  from  plaintiff  the  sum  of  

dollars   ($ ),  and  in  consideration  thereof  then  and  there  executed 

and  delivered  to  plaintiff  his  promissory  note,  in  and  by  which  he  prom- 


153  Arrest  and  Bail  in  Civil  Actions.  Form  438 

ised  to  pay  to  plaintiff  one  day  after  the  date  thereof  said  sum  of 

dollars  ($ ),  with  interest  thereon;  that  plaintiff  is  now  the  owner 

and  holder  of  said  promissory  note ;  that  no  part  thereof  has  been  paid, 

though  often   demanded;  that  the  whole  of  said  sum  of  dollars 

($ ),  with  interest,  is  now  due  and  unpaid  from  defendant  to  plain- 
tiff; all  of  which  more  fully  appears  by  the  complaint  on  file  herein, 
which  is  hereto  annexed  and  made  part  hereof. 

That  said  action  is  one  for  a  cause  of  action  arising  on  an  express 
contract  for  the  payment  of  money  as  above  set  forth,  and  that  the 
defendant  has  been  guilty  of  a  fraud  in  contracting  the  debt  and  incur- 
ring the  obligation  above  set  forth ;  and  affiant  further  states  and  shows 
the  following  facts  and  circumstances  to  substantiate  said  charge  of 

fraud:  . 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

No.  438.    Aflidavit  for  Order  of  Arrest  for  Fraudulent  Concealment  of 
Property. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of 


William  Helm,  being  duly  sworn,  says :  I  am  plaintiff  in  above-entitled 
action.  This  is  an  action  to  recover  possession  of  personal  property 
unjustly  detained  by  defendant  from  plaintiff,  described  as  follows,  and 
of  the  value  of  five  hundred  dollars,  United  States  gold  coin.  Descrip- 
tion: One  mare  mule,  about  five  years  old,  of  a  grayish-roan  color,  and 
one  horse  mule,  about  six  years  old,  of  a  brown  color,  and  one  set  of 
double  harness.  That  defendant  in  said  action  did,  on  or  about  the  19th 
of  October,  1874,  fraudulently  conceal  and  remove  all  said  property,  to 
prevent  its  being  found  or  taken  by  the  sheriff.  That  all  of  said  prop- 
erty belongs  to  plaintiff.  That  affiant  has  fully  and  fairly  stated  the 
facts  of  the  case  to  C.  G.  Sayle  and  Wigginton  &  Marks,  his  counsel, 
and  they  informed  affiant  that  he  has  a  good  cause  of  action  against 
defendant  herein,  and  affiant  verily  believes  he  has  a  good  cause  of 
action  in  this  suit  against  defendant. 

Plaintiff  prays  that  defendant  may  be  arrested  by  an  order  which 
affiant  asks  may  be  issued,  according  to  the  provisions  of  section  479 
of  the  Code  of  Civil  Procedure  of  California,  and  dealt  with  according 

to  law. 

William  Helm. 

[Jurat.] 

NOTE. — The  foregoing  affidavit  came  before  the  court  as  a  defense  in 
an  action  for  false  imprisonment,  and  was  held  by  the  court  to  be  sufficient: 
Dusy  V.  Helm,  59  Cal.  188.  ..      .o.        . 

See  Cal  Code  Civ.  Proc,  sees.  479,  481,  861,  862.     See  note  to  No.  434,  ante. 


Forms  440, 441  Cowdery  's  Form  Book.  154 

No.  440.    Undertaking  for  Order  of  Arrest. 
[Title  of  Court  and  Cause.] 

Whereas  the  plaintiff  in  the  above-entitled  action  has  presented  therein 
the  affidavit  required  by  law  and  applied  for  an  order  to  arrest  the 
defendant  in  said  action;  and 

Whereas  the  judge  of  said  court  deems  that  it  is  a  proper  case  there- 
for, and  is  about  to  make  and  issue  said  order  of  arrest,  and  has  required 
before  so  doing  a  written  undertaking  on  the  part  of  the  plaintiff  in  the 
sum  of dollars  ($ ),  in  the  form  required  by  law. 

Now  therefore  we,  the  undersigned,  in  consideration  of  the  premises 
and  of  the  making  and  issuing  of  said  order  of  arrest,  do  undertake  on 

the  part  of  plaintiff  in  the  sum  of dollars  ($ ),  being  the  amount 

so  fixed  by  the  judge  aforesaid,  and,  jointly  and  severally,  promise  to 
the  effect  that  the  plaintiff  will  pay  all  costs  which  may  be  adjudged  to 
the  defendant,  and  all  damages  which  he  may  sustain  by  reason  of  the 
arrest,  if  the  same  be  wrongful  or  without  sufficient  cause,  not  exceed- 
ing the  sum  of dollars  ($ )  above  specified  in  this  undertaking. 

Dated,  signed,  and  sealed  this  day  of ,  191 — . 

[Justification.] 

[Signatures  and  seals.] 

NOTE. — See  Cal.  Code  Civ.  Proc,  sees.  432,  862.  In  justice's  court  cases, 
the  amount  of  the  undertaking  is  fixed  by  statute  at  three  hundred  ($300) 
dollars  in  all  cases;  in  other  courts,  the  amount  is  fixed  by  the  judge,  but 
must  be  at  least  five  hundred  ($500)   dollars. 

For  form  of  justification  of  sureties,  see  "Justification  of  Sureties."  See 
note  to  No.  434,  ante. 

No.  441.     Order  for  Arrest. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  ,  to  the  Sheriff  of  any  County  of  the 

State  Wherein  the  Defendant  may  be  Found. 

The  above-named  plaintiff  having  commenced  an  action  in  the  

court  of  the  state  of  ,  in  and  for  the  county  of  ,  against  the 

above-named  defendant,  and  it  duly  appearing  to  me,  from  affidavit  sub- 
mitted on  the  part  of  the  said  plaintiff,  that  a  sufficient  cause  of  action 
exists,  and  that  the  case  is  one  wherein  the  defendant's  arrest  should 
be  ordered;   and  the  necessary  undertaking  having  been  given,  I,  the 

undersigned,  judge  of  the  said  court,  by  virtue  of  the  authority 

in  me  vested  by  law,  do  order  and  require  you,  the  said  sheriff  of  the 

county  of  ,  forthwith  to  arrest  the  said  defendant,  if  he  may  be 

found  in  yoiar  county,  and  hold  him  to  bail  in  said  action  in  the  sum 
of dollars  ($ ) ;  and  that  you  return  this  order,  with  your  pro- 
ceedings thereon,  to  the  clerk  of  the  said court  on  the day  of 

,  191—. 

Dated  this  day  of  ,  191 — . 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  483.     See  note  to  No.  434,  ante. 


155  Arrest  and  Bail  in  Civhj  Actions.     Forms  442-444 

No.  442.    Indorsement  of  Order  of  Arrest — Justice's  Court. 

State  of , 

County  of ,  ss. 

The  People  of  the  State  of to  the  Sheriff  or  any  Constable  of  said 

County,  Greeting. 
You  are  hereby  commanded  to  arrest  the  within  named  defendant  and 

bring  him  before  me  forthwith,  at  my  office  in  said  township,  at  , 

to  answer  the  plaintiff's  complaint,  filed  in  my  office. 

Given  under  my  hand  this  day  of ,  191 — . 

[Official  signature.] 

NOTE.— See  California,  Code  Civ.  Proc,  sec.  861:  Montana,  Rev.  Codes 
1907,  1360.  7019. 

This  indorsement  may  be  made  upon  the  summons. 

No.  448.    Undertaking  on  Part  of  Defendant. 
[Title  of  Court  and  Cause.] 

Whereas,  in  a  certain  action  in  the court  of  the  county  of , 

state  of ,  wherein  is  plaintiff  and  is  defendant,  an  order 

was  duly  made  and  delivered  to  the  sheriff  of  the  county  of ,  requir- 
ing him  forthwith  to  arrest  the  said  defendant,  and  hold  him  to  bail  in 

the  sum  of  dollars  ($ ) ;  and  the  said  sheriff  having  arrested 

the  said  defendant,  and  taken  him  into  custody  by  virtue  of  the  said 
order : 

Now  therefore  we,  and  ,  are  jointly  and  severally  bound  in 

the  sum  of dollars  ($ ),  the  amount  in  the  said  order  of  arrest 

mentioned,  that  the  said  defendant  will  at  all  times  render  himself 
amenable  to  the  process  of  the  said  court  during  the  pendency  of  the 
said  action,  and  to  such  as  may  be  issued  to  enforce  the  judgment  herein ; 
or  that  we  will  pay  to  the  said  plaintiff  the  amount  of  any  judgment 
which  may  be  recovered  in  the  said  action. 

Witness  our  hands  [etc.]. 

[Justification.] 

[Signatures.] 

NOTE.— See  Alaska  Comp.  Laws,  1913,  sees.  934,  1786;  California, 
Code  Civ.  Proc,  sec.  487;  and  note  to  No.  434,  ante. 

No.  444.    Command  by  Sureties  to  Arrest  Defendant. 

[Title  of  Court  and  Cause.] 

To  the  Sheriff  of  the  County  of ,  State  of . 

You  will  please  take  notice  that  the  undersigned,  the  sureties  on  the 
bail  of  defendant  on  his  release  from  arrest,  as  appears  from  the  under- 
taking, of  which  the  within  is  a  certified  copy,  command  you  to  forth- 
with aiTest  the  within  named  defendant  and  detain  him  in  your  custody 
until  he  is  discharged  by  law. 

Dated ,  191—. 

[Signatures.] 


Forms  445-447  Cowdery's  Form  Book.  156 

NOTE.— See  Alaska,  Comp.  Laws  1913,  sees.  936,  1786;  California.  Code 
Civ.  Proc,  see.  489;  and  note  to  No.  434,  ante. 
This  command  is  to  be  indorsed  on  a  certified  copy  of  the  undertaking. 

No.  445.    Notice  to  Plaintiff  of  Arrest — Justice's  Court. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice,  that  I  have,  in  obedience  to  the  order 
indorsed  on  the  summons  in  this  action,  arrested  the  defendant,  and 
he  is  now  in  my  custody. 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc.,  see.  865.  The  officer  must,  in  addi- 
tion to  the  above  notice,  indorse  on  the  summons,  and  subscribe  a  certificate 
stating  the  time  of  serving  the  summons,  the  time  of  the  arrest,  and  the 
time  of  his  giving  notice  to  the  plaintiff. 

No.  446.    Return,  and  Certificate  of  Service  of  Summons,   Order  of 
Arrest,  and  of  Notice  to  Plaintiff — Justice's  Court. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

I  hereby  certify  that  I  received  the  within  summons  on  the day 

of  ,  191 — ,  and  personally  served  the  same,  together  with  a  copy 

of  the  complaint  in  said  action,  on  ,  the  defendant  named  in  said 

summons,  by  delivering  to  and  leaving  with  said  defendant,  personally, 

on  the day  of  ,  191 — ,  in  said  county  of  ,  a  copy  of  said 

summons  and  a  copy  of  said  complaint. 

And  I  further  certify  that,  at  the  same  time  and  place,  by  authority 
of  the  order  of  arrest  indorsed  on  said  summons,  I  arrested  the  said 
defendant,  and  he  is  now  in  my  custody;  and  that  immediately  after 

said  arrest,  to  wit,  at  —  o'clock  P.  M.  of  said day  of -,  191—, 

I  personally  gave  notice  of  said  arrest  to  the  plaintiff  herein. 

Dated  ,  191—. 

[Official  signature.] 

NOTE. — See  Cal.  Code  Civ.  Proc.,  sec.  864;  and  note  to  No.  434,  ante. 

For  the  sake  of  convenience,  this  whole  certificate  may  be  indorsed  ou 
the  summons.  The  last  paragraph  of  it  must,  in  substance,  and  as  required 
by  the  statute,  be  so  indorsed:  See  Cal.  Code  Civ.  Proc.,  sec.  864. 

No.  447.    Notice  of  Application  for  Discharge  from  Imprisonment. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice,  that  on  Friday,  the  tenth  day  of  August, 
A.  D.  1917,  at  the  hour  of  ten  o'clock  A.  M.,  or  as  soon  thereafter  as 
the  matter  can  be  heard,  I  will  apply  to  the  Honorable  J.  H.,  judge  of 
the  superior  court  of  the  city  and  county  of  San  Francisco,  at  the  court- 
room of  his  said  court  in  the  City  Hall,  in  said  city  and  county,  for  an 
order  to  be  discharged  from  imprisonment  in  the  county  jail  of  said  city 


157  Arrest  AND  Bail  IN  Civib  Actions.     Forms  448-450 

and  county,  where  I  am  confined  as  a  prisoner  under  civil  process,  issued 
out  of  the  justice's  court  of  said  city  and  county,  in  an  action  in  said 
justice's  court  entitled  A.  B.  C.  D.  v.  E.  F.  G.  H. 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1143-1153,  and  note  to  No.  434, 
ante. 

No.  448.    Judgment  by  Justice  of  tlie  Peace  When  Defendant  is  Sub- 
ject to  Arrest. 
[Title  of  Court  and  Cause.] 
In  this  case  judgment  is  given  for  plaintiff  and  against  defendant  for 

dollars   ($ ),  and  costs,  taxed  at  dollars  ($ ),  and  it 

appearing  that  defendant  is  about  to  depart  from  the  state  with  intent 
to  defraud  his  creditors,  he  is  therefore  subject  to  arrest  and  imprison- 
ment under  this  judgment. 

,  Justice  of  the  Peace. 

NOTE. — See  Cal.  Code  Civ.  Proc,  sec.  983,  and  similar  statutes  of 
other  states.  When  judgment  is  rendered  by  a  justice  of  the  peace  in 
a  case  where  the  defendant  is  subject  to  arrest  and  imprisonment  thereon, 
the  fact  that  he  is  so  subject  must,  under  the  section  referred  to,  be  stated 
in  the  judgment. 

No.  449.    Undertaking  for  Arrest  in  Justice's  Court— Oregon. 

State  of ,  County  of  . 

[Title  of  Court  and  Cause.] 

Civil  Action  to  Recover  Money. 

Whereas,   upon   the   application   of   the   above-named   plaintiff,  , 

an  order  has  been  made  in  the  above-entitled  action  for  a  writ  of  arrest 
against  the  above-named  defendant,  : 

We,  ,  plaintiff,  and  ,  surety,  hereby  undertake  to  pay  said 

defendant  all  costs  that  may  be  adjudged  to  him,  and  all  damages  whicli 
such  defendant  may  sustain  by  reason  of  his  arrest,  if  the  same  be 

wrongful  or  without  sufficient  cause,  not  exceeding  the  sum  of  

dollars  ($ ). 

Dated  this  day  of  ,  191—. 

[Justification.]  [Signatures.] 

NOTE. — Bond  must  be  equivalent  to  the  amount  for  which  plaintiff  claims 
judgment,  and  not  less  than  one  hundred  ($100)  dollars,  or  other  amount 
fixed  by  the  statute:   See  Lord's  Oregon  Laws,  sees.  261-271. 

The  justice,  in  allowing  the  writ,  must  determine  whether  the  under- 
taking is  to  be  given  with  or  without  sureties. 

No.  450.    Undertaking  for  Arrest  in  Justice's  Court — Washington. 
[Title  of  Court  and  Cause.] 

Whereas  an  application  has  been  made  by ,  plaintiff,  to ,  one 

of  the  justices  of  the  peace  in  and  for  county,  for  a  warrant  to 

.^i-rest  ,  defendant,  founded  upon  an  affidavit  of  the  said  plaintiff, 


Forms  451, 452  Cowdery's  Form  Book.  158 

setting  forth  that :  [Name  of  defendant,  and  stating  the  canse  for 

the  arrest  of  the  absconding  debtor.] 

Now,  therefore  we,  ,  plaintiff,  and  ,  acknowledge  ourselves 

bound  to in  the  sum  of dollars  ($ ),  to  pay  all  costs  that 

may  be  awarded  to  the  said  defendant,  and  all  damages  which  he  may 
sustain  by  reason  of  the  arrest,  not  exceeding  the  sum  of  dollars 

($ ). 

Dated  this  day  of ,  191 — , 

[Justification.]  [Signatures.] 

NOTE. — The   undertaking   must  be   to   the   "satisfaction"   of   th©  clerk: 
See  Wash.  Eem.  Code,  sec.  752. 

No.  451.    "Writ"  of  Arrest  in  Justice's  Court— Oregon. 
State  of ,  County  of  -, 

[Title  of  Court  and  Cause.] 

Civil  Action  to  Recover  Money. 
To   the   Sheriff  of  said  County,   or   any   Constable  of  Such   Precinct, 
Greeting : 

In  the  name  of  the  state  of ,  you  are  hereby  commanded  to  take 

the  body  of  the  above-named  defendant,  if  he  be  found  within  the  pre- 
cinct aforesaid,  and  bring  him  forthwith  before  the  undersigned,  a  jus- 
tice of  the  peace  for  such  precinct,  at  the  office  of  such  justice  in  such 
precinct,  to  answer  the  above-named  plaintiff  in  a  civil  action;  and  you 
are  further  commanded  to  give  due  notice  thereof  to  such  plaintiff,  or 
his  agent  or  attorney ;  and  of  this  writ  make  legal  service  and  due  return 
to  me. 

Given  under  my  hand  this day  of ,  191 — . 

,  Justice  of  the  Peace. 

NOTE. — See  Lord's  Oregon  Laws,  sec.  260. 

No.  452.    "Warrant"  of  Arrest  in  Justice's  Court— Washington. 

State  of  , 

County  of  ,  ss. 

To  the  Sheriff  or  any  Constable  of  said  County. 

In  the  naine  of  the  state  of ,  you  are  hereby  commanded  to  take 

the  body  of  ,  if  he  be  found  in  your  county,  and  bring  him  forth- 
with before  the  undersigned,  one  of  the  justices  of  the  peace  in  and  for 

said  county,  at  his  office  in ,  to  answer in  a  civil  action;  and 

you  are  hereby  commanded  to  give  notice  thereof  to  the  said  plaintiff, 
or  his  agent  or  attorney;  and  have  you  there  and  then  this  writ. 

Given  under  my  hand  this  day  of ,  191 — . 

,  Justice  of  the  Peace. 

NOTE. — See  Wash.  Eem.  Code,  sec.  1890. 


159  Arrest  and  Bail  in  Criminal  Actions.       Form  453 

No.  453,    Return  of  Summons  on  Arrest. 
[Title  of  Court  and  Cause.] 

I  hereby  certify  that  I  received  the  within  [or  annexed]  summons 
on  the day  of  ,  19 — ,  and  personally  served  the  same  on  the 

day  of  ,  19 — ,  on  ,  the  defendant,  by  delivering  to  him 

personally  at ,  in  the  county  of ,  state  of ,  a  copy  of  said 

sunmions  attached  to  a  copy  of  the  complaint  in  said  action. 

And  at  the  same  time  and  place,  by  authority  of  the  order  of  arrest 
indorsed  on  said  sunmions,  I  arrested  the  said  defendant,  and  he  is  now 
in  my  custody;  and  immediately  after  said  arrest,  to  wit,  at o'clock 

—  M.  of  the  same  day  I  personally  gave  notice  of  said  arrest  to  the 
plaintiff  herein. 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sec.  415, 


ARREST  AND  BAIL  IN  CRIMINAL  ACTIONS. 

463.  Warrant  of  arrest. 

464.  Warrant  of  arrest — Hawaii. 

465.  Indorsement  on  warrant  of  arrest  for  servlc©  In  another  county. 

466.  County  clerk's  certificate  as  to  official  character  of  magistrate. 

467.  Proof  of  magistrate's  handwriting. 

468.  Indorsement  of  service  on  warrant  of  arrest. 

469.  Warrant  of  arrest — Justice's  court. 

470.  Warrant  of  arrest — Justice's  court — Washington. 

471.  Order  of  discharge — To  be  indorsed  on  depositions  and  statement. 

472.  Discharge  from  arrest  made  without  warrant — Oregon. 

473.  Order  to  answer  when  bail  has  been  taken — To  be  indorsed  on  "com- 

plaint." 

474.  Order  of  discharge  after  bail  given — Alaska  and  Oregon, 

475.  Order  to  answer  for  bailable  offense. 

476.  Order  to  answer,  where  offense  is  not  bailable. 

477.  Bail  before  indictment  or  information. 

478.  Undertaking  by  material  witness  to  appear. 

479.  Undertaking  and  "security"  for  appearance  of  material  witness. 

480.  Undertaking  on  admission  to  bail — Justice's  court. 

481.  Undertaking  on  admission  to  bail — Justice's  court — Alaska  and   Ore- 

gon. 

482.  Order  forfeiting  bail  money. 

483.  Bail  bond  on  Indictment. 

484.  Order  for  defendant's  discharge  after  bail  given. 

485.  Undertaking  of  bail  upon  recommitment. 

486.  Forfeit  of  bail. 

487.  Bail  upon  appeal — Undertaking — Oregon  and  Alaska. 

488.  Order  for  defendant's  discharge  after  bail  given  on  appeal — Oregon 

aaid  Alaska. 


Forms  463, 464  Cowdery's  Form  Book.  160 

No.  463.    Warrant  of  Arrest. 

Before  ,  Justice  of  the  Peace  of  Township,  County  of  , 

State  of ,  r.s  Magistrate. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of ,  ss. 

The  People  of  the  State  of  ,  to  any  Sheriff,  Constable,  Marshal, 

or  Policeman  of  said  State,  or  of  the  County  of  . 

Information,  on  oath,  having  been  this  day  laid  before  me,  by  , 

that  the  crime  of has  been  committed,  and  accusing thereof, 

you  are  therefore  commanded  forthwith  to  arrest  the  above-named 

and  bring  him  before  me  at ,  or,  in  case  of  my  absence  or  inability 

to  act,  before  the  nearest  or  most  accessible  magistrate  in  this  county. 

Dated  at  ,  this  day  of ,  191 — . 

[Official  signature.] 

NOTE. — When  necessary,  the  magistrate  may  insert  therein  a  clause  to 
the  effect  that,  if  the  accused  has  fled  from  justice,  the  peace  officer  may 
pursue  him  into  any  other  county  of  the  state  in  which  the  warrant  is  issued 
and  there  arrest  him.  This  clause  may  properly  be  inserted  before  the 
words  "and  bring."  If  the  name  of  the  defendant  is  unknown  to  the  magis- 
trate, the  defendant  may  be  designated  in  the  warrant  by  any  name,  fol- 
lowed by  the  words  "whose  true  name  is  to  complainant  unknown":  Utah, 
Comp.  Laws   1907,  sec.  4616. 

Alaska,  Comp.  Laws  1913,  see.  2384;  Arizona,  Rev.  Stats.  (Pen.  Code  1913), 
sees.  838,  1310;  California,  Pen.  Code,  sec.  814;  Colorado,  Mill's  Ann.  Stats. 
1912,  sec.  888;  Hawaii,  Ecv.  Cod©  1915,  sec.  3762;  Idaho,  Rev.  Codes  1907,  sec. 
7519;  Kansas,  Gen.  Stats.  1915,  sec.  7946;  Montana,  Rev.  Codes  1907,  sees. 
9182-9184;  Nebraska,  Rev.  Code  1913,  sec.  8942;  Nevada,  Rev.  Laws  1912, 
sec.  7473;  New  Mexico,  Stats.  Ann.  1915,  sec.  4434;  North  Dakota,  Comp. 
Laws  1913,  sec.  10536;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  5630;  Ore- 
gon, Lord's  Oregon  Laws,  sees.  1738,  1739;  South  Dakota.  Comp.  Laws  1913, 
sec.  7121;  Utah,  Comp.  Laws  1907,  sec.  4616;  Washington,  Rem.  Code,  sec. 
1949;  Wyoming,  Comp.  Stats.  1910,  sees.  6045,  6054. 

No.  464.    Warrant  of  Arrest — Hawaii. 

To  any  Police  Officer  of  the  District  of  ,  Island  of ,  Territory 

of  Hawaii. 

You  are  hereby  commanded,  on  the  information  of  ,  verified  by 

oath,  forthwith  to  arrest  and  take  the  body  of  ,  accused  of  , 

if  he  can  be  found,  and  forthwith  have  his  body  before  me  at  the  dis- 
trict courtroom  of  the  said  district,  at  any  time  between  the  hours  of 
A,  M.  and P.  M.,  of  the day  of ,  191—,  to  answer  to 


the  said  accusations.     And  you  are  also  commanded,  having  arrested  the 

said ,  to  summon,  as  witnesses  of  accusation, and ,  if  they 

can  be  found;  and  to  make  due  return  of  your  proceedings  upon  this 
writ. 

Given  under  my  hand  this day  of ,  191 — . 

[Official  signature.] 


161  Arrest  and  Bail  in  Criminal  Actions.    Forms  465-467 

No.  465.    Indorsement  on  Warrant  of  Arrest  for  Service  in  Another 
County. 

This  warrant  may  be  executed  in  the  county  of . 

Dated  at  this  day  of  ,  191—. 

[Official  signature.] 

NOTE.— California,  Pen.  Code,  sees.  819,  820. 

Before  making  the  indorsement  the  magistrate  "must  have  satisfactory 
evidence"  that  the  warrant  is  genuine.  In  California,  it  cannot  be  made 
unless  the  warrant  be  accompanied  with  a  certifif-ate  of  the  clerk  of  the 
county  wherein  it  was  issued,  under  the  seal  of  the  superior  court  thereof 
(or  other  court,  in  other  states,  as  prescribed  by  statute),  as  to  the  official 
character  of  the  magistrate;  or  unless  upon  the  oath  of  a  credible  witness, 
in  writing,  indorsed  on  or  annexed  to  the  warrant,  proving  the  handwriting 
of  the  magistrate  by  whom  it  was  issued. 

No.  466.    County  Clerk's  Certificate  as  to  Ofacial  Character  of  Magis- 
trate. 

State  of , 

County  of ,  ss. 

I,  ,  county  clerk  of  the  county  of  ,  state  of  ,  and  clerV 

of  the  superior  court  thereof,  do  hereby  certify  that  ,  whose  name 

is  signed  to  the  accompanying  warrant  of  arrest,  was,  at  the  date 
thereof,  and  is  now,  a  duly  qualified  and  acting  magistrate  of  said 
county  of . 

In  witness  whereof  I  have  hereunto  subscribed  my  name  and  affixed 
the  seal  of  said  superior  court  this  day  of  ,  191 — . 

rgeal]  [Official  signature.] 

NOTE. — This  certificate,  or  proof  of  the  magistrate's  handwriting,  is  to 
accompany  the  warrant  of  arrest  where  it  is  to  be  served  in  another  county. 

No.  467.    Proof  of  Magistrate's  Handwriting. 

State  of  , 

County  of  ,  ss. 


,  a  credible  witness,  being  duly  sworn,  says  that  he  is  acquainted 

with  the  handwriting  of  ,  wliose  name  is  signed  to  the  within  war- 
rant of  arrest,  and  that  he  believes  such  signature  to  said  warrant  of 
arrest  to  be  genuine. 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE. — This,  or  a  certificate  of  official  character,  is  to  be  annexed  to  or 
indorsed  upon  the  warrant  of  arrest  where  it  is  to  be  served  in  another 
county. 

Form  Book — 11 


Forms  468-470  Cowdery's  Form  Book.  362 

No.  468.    Indorsement  of  Service  on  Warrant  of  Arrest. 

I  hereby  certify  that  I  received  the  within  warrant  on  the  day 

of  ,  191 — ,  and  served  the  said  warrant  by  arresting  the  within 

named  defendant,  ,  and  bringing  him  into  court  this  day  of 

,  191—. 

[Official  signature.] 

No.  469.    Warrant  of  Arrest — Justice's  Court. 

State  of , 

County  of ,  ss. 

The  People  of  the  State  of to  any  Sheriff,  Constable,  Marshal,  or 

Policeman  in  this  State. 

Complaint  upon  oath  having  been  this  day  made  before  me,  ,  a 

justice  of  the  peace,  by  ,  that  the  offense  of  has  been  com- 
mitted, and  accusing thereof: 

You  are  therefore  commanded  forthwith  to  arrest  the  above-named 
and  bring  him  before  me  forthwith,  at  -. 

Witness  my  hand  "and  seal"  at this day  of ,  191 — . 

[Seal]  [Official  signature.] 

NOTE. — When  complaint  is  made  before  a  justice  or  police  judge  of  the 
commission  of  an  offense  triable  in  such  courts,  a  warrant  must  be  issued 
for  the  arrest  of  the  person  charged:  See  Cal.  Pen.  Code,  sec.  1427.  The 
words  "and  seal"  are  in  the  testimonium  clause  of  the  California  statute, 
but  not  in  that  of  the  other  states;  and,  as  there  is  no  law  providing  seals 
for  justices'  courts  in  California,  the  words  are  mere  surplusage,  so  far  as 
justices'  courts  are  concerned.  Some  police  courts,  however,  are  provided 
with  seals,  and  the  form,  with  those  words  included,  may  properly  be  used 
by  them.  In  Idaho,  if  the  warrant  of  arrest  issues  from  a  probate  court 
the  seal  thereof  must  be  used:  Alaska,  Comp.  Laws  1913,  sec.  2524;  Arizona 
Rev,  Stats.  (Pen.  Code  1913),  see.  1310;  California,  Pen.  Code,  sec.  1427 
Colorado,  Mill's  Ann.  Stats.  1912,  sec.  8S8;  Idaho,  Rev.  Codes  1907,  sec.  8281 
Kansas,  Gen,  Stats.  1915,  sec.  7946;  Montaua,  Rev.  Codes  1907,  sec.  9585 
Nevada,  Rev,  Laws  1912,  sec.  6933;  North  Dakota.  Comp.  Laws  1913,  see 
10536;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6i43;  Oregon,  Lord's  Ore 
gon  Laws,  sees.  1738,  1739;  South  Dakota,  Comp.  Laws  1913,  sec.  6148;  Utah 
Comp.  Laws  1907,  sec.  5126;  Washington,  Rem,  Code  1915,  sec.  1935;  Wyo- 
ming, Comp.  Stats,  1910,  sees.  6045-6054. 

No,  470.    Warrant  of  Arrest — Justice's  Court — Washington. 

State  of , 

County  of  ,  ss. 

To  the  Sheriff  or  any  Constable  in  said  County. 

Whereas  has  this  day  complained  in  writing  under  oath  to  the 

undersigned,  one  of  the  justices  of  the  peace  in  and  for  said  county, 
that  on  the day  of ,  191 — ,  at ,  in  said  county,  : 

Therefore,  in  the  name  of  the  state  of ,  .you  are  commanded  forth- 
with to  apprehend  the  said  and  bring  him  before  me,  to  be  dealt 

with  according  to  law. 

Given  under  my  hand  this  day  of ,  191 — . 


-,  Justice  of  the  Peace. 


NOTE.— See  Wash.  Rem.  Cede,  sec.  1935. 


163  Arrest  and  Bail  in  Criminal  Actions.    Forms  471-474 

No.  471.    Order  of  Discharge  —  To  be  Indorsed  on  Depositions  and 
Statement. 

There  being  no  sufficient  cause  to  believe  the  within  named guilty 

of  the  offense  within  mentioned,  I  order  him  to  be  discharged. 

[Ofiicial  signature.] 

NOTE.— California,  Pen.  Code,  sec.  871;  Idaho,  Rev.  Codes  1909,  sec.  7573. 

T'he  order  is  properly  indorsed  if  put  upon  the  complaint  or  information. 
That  may  be  treated  as  a  deposition  for  &uch  purpose:  See  People  v.  Price, 
143  Cal.  351,  353,  77  Pac.  73. 

No.  472.    Discharge  from  Arrest  Made  Without  Warrant — Oregon. 

There  being  no  sufficient  cause  shown  to  believe  ,  brought  before 

me  without  warrant,  guilty  of  the  crime  of  ,  I  order  him  to  be 

discharged. 


[Official  signature.] 


NOTE. — See  Lord's  Oregon  Laws,  sec.  1794. 


No.  473.    Order  to  Answer  When  Bail  has  Been  Taken — To  be  Indorsed 
on  "Complaint." 
It  appearing  to  me  that  the  offense  in  the  within  complaint  mentioned 
has  been  committed,  and  that  there  is  sufficient  cause  to  believe  the 

within  named guilty  thereof,  I  order  that  he  be  held  to  answer  to 

the  same,  and  I  have  admitted  him  to  bail  to  answer  in  the  sum  of 

dollars  ($ ),  and  taken  such  bail.     [Or,  "and  I  have  admitted  him  to 

bail  to  answer  by  the  undertaking  hereto  annexed."] 

[Official  signature.] 

NOTE.— Utah,  Comp.  Laws  1907,  sec.  4677. 

The  old  law  of  California  as  to  certificate  of  bail  being  taken  has  been 
repealed:  See  Pen.  Code,  sec.  874. 

No.  474.    Order  of  Discharge  After  Bail  Given — Alaska  and  Oregon. 

To  the  Sheriff  of  the  County  of ,  State  of . 

-,  who  is  detained  by  you  to  answer  a  charge  for  the  crime  of 


having  given  sufficient  bail  to  answer  the  same,  you  are  commanded 
forthwith  to  discharge  him  from  your  custody. 

Dated  at this day  of ,  191 — . 

[OflBcial  signature.] 

NOTE. — See  Alaska,  Comp.  Laws  1913,  sec.  2332;  Oregon,  Lord's  Oregon 
Laws,  sec.  1654. 

In  Alaska,  the  order  runs  "To  the  United  States  Marshal,  District  of 
Alaska." 


Forms  475-477  Cowdery's  Form  Book.  164 

No.  475.     Order  to  Answer  for  Bailable  Oifense. 

It  appearing  to  me  that  the  offense  in  the  within  complaint  mentioned 
lias  been   committed,   and  that  there  is  sufficient  cause  to  believe  the 

within  named guilty  thereof,  I  order  that  he  be  held  to  answer  to 

the  same,  and  that  he  be  admitted  to  bail  in  the  sum  of  dollars 

($ ),  and  he  is  committed  to  the  sheriff  of  the  count}'  of until 

he  gives  such  bail.  ^^^^.^^  signature.] 

NOTE. — California,  Pen.  Code,  sees.  872,  875;  Idaho,  Rev.  Codes  1907, 
sees.  7579,  7581;  Montana,  Rev.  Codes  1907,  sees.  9090,  9092;  Utah,  Comp. 
Laws  1907,  sees.  4675,  4678. 

This  form  is  to  be  indorsed  on  the  complaint  where  defendant  has  been 
admitted  to  bail  but  it  has  not  been  taken.  The  omission  of  the  words  "or 
is  legally  discharged"  would  seem  to  pave  the  way  for  perpetual  imprison- 
ment, if  the  prisoner  should  never  give  bail.  But  if  an  information  is  not 
fi'ed  within  thirty  days,  or  other  time  prescribed  by  statute,  or  if  the  de- 
fendant is  not  brought  to  trial  within  sixty  days,  or  other  prescribed  statu- 
tory time,  he  would  be  entitled  to  a  writ  of  habeas  corpus.  Under  the  Cali- 
fornia law,  ninety  days  appears  to  be  the  limit  of  commitment  under  such 
order:  See  Cal.  Pen.  Code,  sees.  809,  1382. 

No.  476.    Order  to  Answer,  Where  Offense  is  not  Bailable. 

It  appearing  to  me  that  the  offense  in  the  within  complaint  mentioned 
Ijas  been  committed,  and  that  there  is  sufficient  cause  to  believe  the 

within  named  ^lilty  thereof,  I  order  that  he  be  held  to  answer 

to  the  same,  and  he  is  hereby  committed  to  the  sheriff  of  the  county 

[Official  signature.] 

NOTE. — This  form  is  to  be  indorsed  on  the  complaint:  California,  Pen. 
Code,  sees.  872,  873;  Idaho,  Rev.  Codes  1907,  sec.  7580;  Montana,  Rev.  Codes 
1907,  sees.  9090,  9091;  Utah,  Comp.  Laws  1907,  sees.  4675,  4676. 

No.  477.    Bail  Before  Indictment  or  Information. 

An  order  having  been  made  on  the  day  of ,  191 — ,  by , 

a  justice  of  the  peace  of county,  that be  held  to  answer  upon 

a  charge  of ,  upon  which  he  has  been  admitted  to  bail  in  the  sum 

of dollars  ($ ) : 

We, ,  a  resident  of ,  county  of ,  state  of ,  and , 

a  resident  of ,  county  of ,  state  of ,  liereby  undertake  that 

the  above-named  will  appear  and  answer  the  charge  above  men- 
tioned, in  whatever  court  it  may  be  prosecuted,  and  will  at  all  times  hold 
himself  amenable  to  the  orders  and  process  of  the  court,  and,  if  con- 
victed, will  appear  for  judgment  and  render  himself  in  execution  thereof, 
or  if  he  fails  to  perform  either  of  these  conditions,  that  we  will  pay  to 

the  people  of  the  state  of the  sum  of dollars  ($ ). 

[Signatures.] 

Acknowledged  before  me,  and  approved  by  me  this day  of , 

191—. 


[Justification  of  sureties.] 


[Signature.] 


165  Arrest  and  Bail  in  Criminal  Actions.     Forms  478,  479 

NOTE.— California,  Pen.  Code,  sec.  1278;  Idaho,  Rev.  Codes  1909,  sec. 
S108;  Montana,  Rev.  Codes  1907,  sec.  9448;  Utah,  Comp.  Laws  1907,  sec.  4995. 

This  written  undertaiiing  must  be  executed  by  two  sufficient  sureties,  with 
or  without  the  defendant,  in  the  discretion  of  the  court  or  magistrate,  and 
be  aclcnowledged  before  the  court  or  magistrate  taking  the  same.  Upon 
failure  of  condition,  payment,  in  Alaska,  is  to  be  made  to  the  United  States; 
in  California,  to  the  people  of  the  state;  and  in  other  states  or  territories, 
to  the  state  or  territory,  as  the  case  may  be.  In  Nevada,  the  instrument 
by  which  bail  is  put  in  is  called  a  "recognizance."  A  recognizance  is  suffi- 
cient as  to  the  description  of  the  offense,  if  the  offense  is  described  in  the 
language  of  the  statute:  See  United  States  v.  Eldredge,  5  Utah  161,  13 
Pae.   673. 

No.  478.    Undertaking  by  Material  Witness  to  Appear. 

An  order  having  been  made  on  the  day  of  ,  191 — ,  by  , 

a ,  acting  as  a  committing  magistrate,  that  be  held  to  answer 

for  the  crime  of  ,  committed  in  the  county  of  ,  state  of  ; 

and  having  been  examined  as  a  witness  on  the  part  of  the  people 

of  the  state  of ,  on  the  examination  of  the  said ;  and  the  said 

being  a  material  witness  for  the  people  of  the  state  of : 

I,  the  said  ,  hereby  undertake  that  I  will  appear  and  testify  at 

the  court  to  which  the  depositions  and  statements  are  to  be  sent,  or  that 

I  will  forfeit  to  the  people  of  the  state  of the  sum  of  five  hundred 

dollars  ($500). 

Dated  this  day  of  ,  191 — . 

[Signature.] 

NOTE. — Alaska  Comp.  Laws  1913,  sec.  2435;  California,  Pen.  Code,  sec. 
878;  Idaho,  Rev.  Codes  1907,  sec.  7584;  Montana,  Rev.  Codes  1907,  sec.  9095; 
Utah,  Comp.  Laws  1907,  sec.  4681. 

In  Oregon,  sureties  on  the  undertaking  are  required,  but  not  so  in  Alaska. 

No.  479.    Undertaking  and  "Security"  for  Appearance  of  Material  Wit- 
ness. 

An  order  having  been  made  on  the  day  of ,  191 — ,  by , 

a ,  acting  as  a  committing  magistrate,  that  be  held  to  answer 

for  the  crime  of ,  committed  in  the  county  of ,  state  of ; 

and having  been  examined  as  a  witness  for  the  people  of  the  state 

of ,  on  the  examination  of  the  said ,  and  being  a  material  wit- 
ness for  the  people  of  the  state  of ,  and  having  entered  into  a  writ- 
ten undertaking  that  he  would  appear  and  testify  at  the  court  to  which 
the  depositions  and  statements  are  to  be  sent;  and  ,  the  said  magis- 
trate, having  ordered  the  said  to  enter  into  a  written  undertaking 

with  sureties,  in  the  sum  of dollars  ($ )  for  his  appearance  as 

above  specified: 

Now  therefore  we, ,  as  principal,  and ,  of ,  and  ,  of 

,  as  sureties,  hereby  undertake  that  the  said  will  appear  and 

testify  at  the  court  to  which  the  depositions  and  statements  have  been ' 
or  are  to  be  sent,  or  in  any  other  court  in  which  his  appearance  may 
be  lawfully  required  in  such  prosecution ;  or,  in  default  of  such  appear- 


Form  480  Cowdery's  Form  Book.  166 

ance,  that  we  will  pay  to  the  people  of  the  state  of  — —  the  sum  of 

dollars  ($ ). 

[Signatures.] 

Dated  this day  of ,  191 — . 

[Justification  of  sureties.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  2436;  California,  Pen.  Code,  sec. 
879;  Idaho,  Eev.  Codes  1907,  sec.  7585;  Montana,  Rev.  Codes  1907,  sec.  9096; 
Utah,  Comp.  Laws  1907,  sec.  4682. 

This  form  may  be  used  also  where  a  judge  of  the  court  in  which  the  action 
is  pending  is  satisfied,  by  proof  on  oath,  that  there  is  reason  to  believe  that 
a  material  witness  will  not  appear  and  testify  unless  "security"  is  required. 

Mo.  480.    Undertaking  on  Admission  to  Bail — Justice's  Court. 
[Title  of  Court  and  Cause.] 

An  order  having  been  made  on  the day  of ,  191 — ,  by , 

a  justice  of  the  peace  of  the  county  of  ,  state  of  ,  that  

be  held  to  answer,  and  to  appear  for  trial,  before  the  said  justice,  at 

his  office,  on  the  day  of ,  191 — ,  to  wliich  time  the  hearing  of 

this  case  has  been  adjourned,  upon  a  charge  of ,  upon  which  he  has 

been  admitted  to  bail  in  the  sum  of  dollars   ($ ),  and  which 

charge  is  pending  in  said  court  against  him  upon  complaint  of  the  people 
of  the  state  of : 

Now  we, ,  a  resident  of ,  and  by  occupation  a ,  and . 

a  resident  of ,  and  by  occupation  a ,  hereby  undertake  that  the 

above-named  will  appear  and  answer  the  charge  above  mentioned, 

in  whatever  court  it  may  be  prosecuted,  and  will  at  all  times  hold  him- 
self amenable  to  the  orders  and  process  of  the  court,  and  if  convicted, 
will  appear  for  judgment  and  render  himself  in  execution  thereof;  or 
if  he  fails  to  perform  either  of  these  conditions,  that  we  will  pay  to  the 

people  of  the  state  of the  sum  of dollars  ($ ). 

[Signatures.] 

Acknowledged  before  me,  and  approved  by  me,  this day  of , 

191—. 

[Official  signature.] 

NOTE. — California,  Pen.  Code,  sec.  1458;  Idaho,  Rev.  Codes  1909,  sec. 
8312;  Montana,  Eev.  Codes  1907,  sec.  9624. 

This  form  may  be  used  upon  examination  before  a  magistrate,  as  well  as 
after  arrest  and  before  trial  for  a  misdemeanor,  in  a  justice's  or  police  court: 
See  Cal.  Pen.  Code,  sees.  1274,  1278.  Bail  is  put  in  by  a  written  undertak- 
ing, executed  by  two  sufficient  sureties,  with  or  without  the  defendant,  in 
the  discretion  of  the  magistrate,  and  acknowledged  before  the  court  or 
magistrate  in  the  form  prescribed  by  statute:  See  Cal.  Pen.  Code,  sec.  1278. 
The  condition  of  the  undertaking  varies  in  some  of  the  states  and  terri- 
tories. Be  careful  to  insert  the  condition  of  the  statute  of  the  particulai 
state  or  territory  in  which  the  form  is  used. 


167  Arrest  and  Bail  in  Criminal  Actions.     Forms  481,  482 

No.  481.    Undertaking  on  Admission  to  Bail— Justice's  Court — Alaska 
and  Oregon. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of . 


A  criminal  action  havinc:  been  commenced  on  the  day  of 


191 — ,  in  the  justice's  court  aforesaid,  against  ,  for  the  crime  of 

,  and  he  having  been  duly  admitted  to  bail  by  the  justice  of  said 

court,  in  the  sum  of dollars  ($ ) : 

We,  ,  of  ,  and  ,   of  ,  hereby  undertake  tliat  the 

above-named shall  appear  at  the  time  and  place  fixed  for  the  trial 

of  the  above-mentioned  action,  in  whatever  court  it  may  be  prosecuted, 
and  shall  at  all  times  render  himself  amenable  to  the  orders  and  process 
of  the  court,  and,  if  convicted,  shall  appear  for  judgment,  and  surrender 
himself  in  execution  thereof;  or,  if  he  fail  to  perform  either  of  those 
conditions,  that  we  will  pay  to  the  state  of the  s\im  of dollars 

(I ). 

[Signatures.] 

NOTE. — Alaska,  Comp.  Laws  1913,  see.  2546;  Oregon,  Lord's  Oregon  Laws, 
sec.  2503. 

In  Alaska,  the  title  of  the  court  is  "Justice's  Court  for  the  Precinct  ot 

,  District  of  Alaska,  Division  No.  ";  and,  upon  failure  to  perform 

condition,  payment  is  to  be  made  "to  the  United  States." 

No.  482.    Order  Forfeiting  Bail  Money. 
[Title  of  Court  and  Cause.] 

The  above-named  defendant,  A.  B.,  indicted  [or  informed  against] 
by  the  name  of  C.  D.,  having  neglected  to  appear  in  court  for  the  pur- 
pose of  pleading,  when  his  presence  was  lawfully  required  in  court, 
although  he  was  called  to  appear  in  court  for  the  purpose  of  pleading 
to  the  indictment  therein,  in  a  loud  and  audible  voice  at  the  courtroom 
door,  and  proclamation  publicly  made  that,  unless  he  appear,  the  money, 
to  wit,  fifteen  hundred  dollars,  deposited  in  lieu  of  bail  for  that  amount, 
would  be  forfeited,  and  the  said  A.  B.  still  neglecting  to  appear  in 
court:  Now,  therefore,  it  is  ordered  that  the  foregoing  facts  be  entered 
in  the  minutes  of  the  court,  and  that  the  said  sum  of  fifteen  hundred 
dollars  deposited  in  lieu  of  bail  be,  and  the  same  is  hereby,  declared 
forfeited. 

And  it  is  further  ordered  that  the  said  A.  B.  be  rearrested  by  any 
sheriff,  constable,  marshal  or  policeman  within  this  state,  and  be  com- 
mitted to  the  custody  of  the  sheriff  of  the  city  and  county  of  San  Fran- 
cisco, and  that  he  be  detained  until  legally  discharged. 

[Signature.] 

NOTE. — California,  Pen.  Code,  sec.  1307. 

If,  without  sufficient  excuse,  the  defendant  neglects  to  appear  for  arraign- 
ment or  for  trial  or  judgment,  or  upon  any  other  occasion  when  his  presence 


Form  483  Cowdery's  Form  Book.  168 

in  court  may  be  lawfully  required,  or  to  surrender  himself  in  execution  of 
the  judgment,  the  court  must  direct  the  fact  to  be  entered  upon  its  minutes, 
and  the  undertaking  of  bail,  or  the  money  deposited  instead  of  bail,  as  the 
case  may  be,  must  thereupon  be  declared  forfeited.  But  if  at  any  time 
within  twenty  (20)  days  after  such  entry  in  the  minutes,  the  defendant  or 
his  bail  appear  and  satisfactorily  excuse  his  neglect,  the  court  may  direct 
the  forfeiture  of  the  undertaking  or  the  deposit  to  be  discharged  upon  such 
terms  as  may  be  just:  See  Cal.  Pen.  Code,  sec.  1305. 

No.  483.    Bail  Bond  on  Indictment. 
[Title  of  Court  and  Cause.] 

An  indictment  having  been  found  [or  an  information  having  been 
filed]  on  the  tenth  day  of  March,  1917,  in  the  superior  court  of  the 
county  of  San  Mateo,  state  of  California,  charging  Ah  Sing  with  the 
crime  of  burglary  in  breaking  into  the  dwelling-house  of  one  J.  S.,  and 
he  having  been  admitted  to  bail  in  the  sum  of  five  thousand  (5,000) 
dollars ; 

We,  J,  D.,  by  occupation  a  farmer,  and  R.  R.,  by  occupation  a  house 
carpenter,  residents  of  the  county  of  San  Mateo,  hereby  undertake 
that  the  above-named  Ah  Sing  will  appear  and  answer  the  above-men- 
tioned indictment  [or  information]  in  whatever  court  it  may  be  prose- 
cuted, and  will  at  all  times  render  himself  amenable  to  the  orders  and 
process  of  the  court,  and  if  convicted,  will  appear  for  judgment,  and 
render  himself  in  execution  thereof ;  or,  if  he  fails  to  perlorm  either  of 
these  conditions,  that  we  will  pay  to  the  people  of  the  state  of  Cali- 
fornia the  sum  of  five  thousand  (5,000)  dollars. 

[Signatures.] 

[Justification.] 

NOTE  —In  California,  when,  after  indictment  or  information,  the  defend- 
ant has  a  rio-ht  to  be  admitted  to  bail,  the  bail  must  be  put  in  by  a  written 
undertaking^by  two  sufficient  sureties  [with  or  without  the  deicndant,  in 
the  discretion  of  the  court  or  magistrate],  and  acknowledged  before  the 
court  or  magistrate,  in  substantially  the  above  form:  See  Cal.  Pen.  Code, 
sec  1287-  Alaska,  Comp.  Laws  1913,  sees.  2325-2331;  Idaho,  Eev.  Codes 
1907,  sec.'silS;  Montana,  Eev.  Codes  1907,  sec.  9456;  Oregon,  Lord's  Oregon 

Laws,  sec.  1647.  ,-,   ^  .i 

Admission  to  bail  is  the  order  of  a  competent  court  or  magistrate  that  the 
defendant  be  discharged  from  actual  custody  on  bail:  See  Cal.  Pen.  Code, 
sec  126S.  If  a  magistrate,  instead  of  a  court,  admits  to  bail,  insert  m  the 
place  of  "Title  of  court"  the  words  "Before  [naming  title  of  office],  as 
Magistrate."  After  defendant  has  been  held  to  answer,  any  magistrate  who 
has^power  to  issue  the  writ  of  habeas  corpus  may  admit  to  bail:   See  Cal. 

Pen.  Code,  sec.  1277.  .  ,    .  ,  .  ^  ^  v,     .  «; 

The  bail  must  be  put  in  by  a  written  undertaking,  executed  by  two  sutti- 
eient  sureties,  with  or  without  the  defendant,  in  the  discretion  of  the  court 
or  magistrate,  and  be  acknowledged  before  the  court  or  magistrate,  in  sub- 
stantially the  above  form:  See  Cal.  Pen.  Code,  see.  1287. 


169  Arrest  and  Bail  in  Criminal  Actions.     Forms  484-436 

No.  484.    Order  for  Defendant's  Discharge  After  Bail  Given. 
[Title  of  Court  and  Cause.] 

To  the  Sheriff  of  the  County  of ,  State  of . 

,  who  is  detained  by  you  to  answer  an  indictment  for  the  crime 


of  ,  having  given  sufficient  bail  to  answer  the  same,  you  are  com- 
manded forthwith  to  discharge  him  from  your  custody. 

[Official  signature.] 

No.  485.    Undertaking  of  Bail  upon  Recommitment. 
[Title  of  Court  and  Cause.] 

An  order  having  been  made  on  the  day  of ,  191 — ,  by  the 

court,  that  be  admitted  to  bail  in  the  sum  of  dollars 

($ ),  in  an  action  pending  in  that  court  against  him  in  behalf  of  the 

people  of  the  state  of ,  upon  an  information: 

We,  ,  whose  residence  is  at ,  county  of  ,  state  of , 

by  occupation  a  ,  and  ,  whose  residence  is  at  ,  countj'^  of 

,  state  of  ,  by  occupation  a  ,  hereby  undertake  that  the 

above-named  will  appear  in  that  or  any  other  court  in  which  his 

appearance  may  be  lawfidly  reqi;ired  upon  that  information  and  will  at 
all  times  render  himself  amenable  to  its  orders  and  process,  and  appear 
for  judgment  and  surrender  himself  in  execution  thereof;  or,  if  he  fails 
to  perform  eitlier  of  these  conditions,  that  we  will  pay  to  the  people 

of  the  state  of the  sum  of dollars  ($ ). 

[Signatures.] 

Acknowledged  before  me,  and  approved  by  me,  this day  of , 

191—. 

[Official  signature.] 

[Justification  of  sureties.] 

NOTE.— California,  Pen.  Code,  sec.  1316;  Idaho,  Eev.  Codes  1907,  see.  8135; 
Montana,  Eev.  Codes  1907,  see.  9480. 

No.  486.    Forfeit  of  Bail. 
[Title  of  Court  and  Cause.] 
The  said  cause  having  come  on  regularly  for  trial,  upon  motion  of 

,   the   district   attorney   of   said   county,   it   was   ordered   that   the 

defendant, ,  be  called.     And  the  said  defendant,  having  been  thrice 

solemnly    and   duly   called,   failed   and   neglected   to   appear   for  trial. 

Whereupon,  on  motion  of  the  district  attorney,  it  was  ordered  that 

and  ,  the  bail  of  said  ,  be  likewise  called  to  produce  the  said 

■ in  court  for  trial;  and  the  said  and  ,  having  been  thrice 

duly  and  solemnly  called  to  produce  the  said  for  trial,  and  the 

said still  neglecting  and  failing  to  appear,  and  the  said  bail  wholly 

neglecting  and  refusing  to  produce  said  for  trial,  upon  motion  of 

the  district  attorney,  the  court  directed  the  following  order  to  be 
entered,  to  wit:  * 


Forms  487, 488  Cowdery's  Form  Book.  170 

The  above-named  defendant  ,  having  been  heretofore  indicted 

for ,  and  duly  admitted  to  bail  in  the  sum  of dollars  ($ ), 

and  the  said  on  the  day  of ,  191—  having,  without  suffi- 
cient excuse,  neglected  to  appear  in  court  for  trial,  although  the  said 
was  thrice  solemnly  called  to  appear  in  court  for  trial,  and  al- 
though   and ,  the  bail  of  said ,  were  thrice  solemnly  called 

to  produce  said  in  court  for  trial,  yet  the  said  neglected  and 

refused  to  appear  for  trial,  and  the  said  bail  neglected  and  refused  to 
produce  the  said for  trial. 

Now,  therefore,  it  is  ordered  by  the  court  that  the  recognizance  exe- 
cuted by  the  said  and  be,  and  the  same  is,  hereby  declared 

forfeited ;  and  it  is  further  ordered  that  the  said be  arrested  and 

committed  to  the  custody  of  the  sheriff  of  the  county  of  until 

legally  discharged  therefrom.  It  is  further  ordered  that  the  foregoing 
facts  and  order  be  entered  on  the  minutes  of  this  court. 

NOTE. — Caliiornia,  Pen.  Code,  sec.  1305. 

No.  487.    Bail  upon  Appeal— Undertaking— Oregon  and  Alaska. 
[Title  of  Court  and  Cause.] 

A  judgment  having  been   given   on  the  day  of  ,  191—, 

whereby  was  condemned  to  ,  and  he  having  appealed  from 

said  judgment  and  been  duly  admitted  to  bail  in  the  sum  of dollars 

($ ): 

Y^Q    of  ,   and  ,  of  ,  hereby  undertake  that  the 

above-named  shall  in  all  respects  abide  and  perform  the  orders 

and  judgments  of  the  court  upon  the  appeal;  or,  if  he  fail  to  do 

so  in  any  particular,  that  we  will  pay  to  the  state  of the  sum  of 

dollars  ($ '). 

[Signatures.] 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  2325;  Oregon,  Lord's  Oregon  Laws, 

sec.  1647.  .        ^   .  X- 

This  written  undortaking  must  be  executed  by  two  sufficient  sureties,  and 
be  acknowledged  before  the  court  or  magistrate  taking  the  same. 

No.  488.    Order  for  Defendant's  Discharge  After  Bail  Given  on  Appeal 

— Oregon  and  Alaska. 
[Title  of  Court  and  Cause.] 

To  the  Sheriff  of  the  County  of ,  State  of . 

-,  who  is  detained  by  you  in  execution  of  a  judgment  whereby  he 


is  condemned  to  ,  having  appealed  from  said  judgment,  and  given 

sufficient  bail  to  abide  and  perform  the  judgment  of  the  appellate  court, 
you  are  commanded  forthwith  to  discharge  him  from  your  custody. 

[Official  signature.] 

NOTE.— Alaska,  Comp.  Laws  1913,  Bee.  2333;  Oregon,  Lord's  Oregon  Laws, 
sec.  1655. 


1 71  Articles — Assignment. 


ARTICLES. 

Articles  of  CopartnersMp,  No.  2880. 

Articles  of  Copartnership  Between  Merchants,  No.  2881. 

Articles  of  Incorporation,  No.  1292. 

Articles  of  Incorporation  of  Railroad  Company,  No.  1293. 

Articles  of  Incorporation  of  Church,  Nos.  1294,  1328. 


ASSESSMENT. 

Assessment  Notice,  No.  1313. 


ASSIGNMENT. 

499.  Assignment  annexed  to  instrument. 

500.  Assignment  indorsed  upon  an  instrument — Short  form. 

501.  Assignment  of  bond. 

502.  Assignment  of  paxtnership  property  to  one  partner  on  dissolution. 

503.  Assignment  of  debt. 

504.  Notice  by  creditor  of  assignment  of  debt. 

505.  Notice  by  assignee  of  assignment  of  debt. 

506.  Assignment  of  seaman's  wages. 

507.  Assignment  of  personal  property — In  generaL 

508.  Assignment  of  stock. 

509.  Assignment  of  stock — Another  form. 

510.  Assignment  of  account. 

511.  Assignment  of  account  indorsed  thereon. 

512.  Assignment  of  policy  of  insurance. 

513.  Assignment  of  lease. 

514.  Assignment  of  lease  by  indorsement. 

515.  Assignment  of  contract  for  sale  of  real  estate. 

516.  Assignment  of  mortgage. 

517.  Assignment  of  mortgage   (Statutorj/^) — South  Dakota. 
618.  Assignment  of  moi-tgage  with  covenant  of  ownership. 

519.  Assignment  indorsed  on  mortgage. 

520.  Assignment  of  bond  and  mortgage. 

521.  Assignment  of  judgment. 

522.  Assignment  of  judgment — Another  form. 

523.  Assignment  of  goodwill  and  book  debts  of  business  upon  sale  tnereot. 

524.  Notice  of  assignment  of  legacy. 

525.  Assignment  by  corporation. 

526.  Assignm.ent  of  contract  for  sale  of  land. 

527.  Assignment  of  mortgage  as  collateral  security. 

528.  Assignment  of  judgment — Justice's  court. 

529.  Complaint  by  assignee. 

CROSS-REFERENCES. 

Assignment  of  Copyright  to  Book,  No.  1260. 

Assignment  of  Partnership  Property  and  Debts  by  One  Partner  to  Another 

on  Dissolution,  No.  2884. 
Assignment  of  a  Patent — Long  Form,  No.  2939. 
Assignment  of  Entire  Interest  in  an  Invention  Before  the  Issue  of  Letters 

Patent,  No.  2933. 
Assignment  of  Entire  Interest  in  Letters  Patent,  No.  2934. 


yorms -1-99-502  Cowdery's  Form  Book:.  172 

Assiofnniont  of  Undivided  Interest  in  Letters  Patent  and  Extension  Thereof, 

No.  2935. 
Assignment  of  Undivided  Fractional  Interest  in  an  Invention  Before  the 

Issue  of  Letters  Patent,  No.  2940. 

No.  499.    Assignment  Annexed  to  Instrument. 

Know  all  men  by  these  presents :  That  we,  F.  S.  and  R.  C,  named  in 
the  annexed  instrument,  in  consideration  of  the  sum  of  one  hundred 
thousand  dollars,  gold  coin  of  the  United  States,  to  us  in  hand  paid  by 
W.  B.  and  J.  B.,  of  the  city  and  county  of  San  Francisco,  and  state 
of  California,  the  receipt  whereof  is  hereby  acknowlcdcred,  do,  by  these 
presents,  sell  and  transfer,  to  the  said  B.  and  B.,  their  heirs  and  assigns, 
the  said  instrument,  and  all  our  right,  title,  and  interest  in  and  to  the 
same,  authorizing  them  in  our  names,  or  otherwise,  but  at  their  own 
cost,  charge,  and  expense,  to  enforce  the  same  according  to  the  tenor 
thereof. 

No.  500.    Assignment  Indorsed  upon  an  Instrument — Short  Form. 

For  value  received,  I  do  hereby  transfer  and  assign  to  J.  S.,  his  heirs 
and  assigns  forever,  all  my  right,  title,  and  interest,  in,  to,  and  under 
the  within  instrument. 

Dated . 

[Signature.! 

No.  501.    Assignment  of  Bond. 

Know  all  men  by  these  presents:  That  1,  A.  B.,  of,  etc.  of  the  first 
part,  for  and  in  consideration  of  the  sum  of  one  thousand  dollars,  gold 
coin  of  the  United  States  of  America,  to  me  in  hand  paid  by  C.  D.,  of, 
etc.,  of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged, 
do  by  these  presents  bargain,  sell  and  assign  unto  the  said  party  of  the 
second  part,  and  assigns,  a  certain  written  bond  or  obligation,  bearing 
date  the  fifth  day  of  May,  one  thousand  nine  hundred  and  seventeen, 
executed  by  one  E.  F.,  to  me,  the  said  A.  B.,  and  all  sum  and  sums  of 
money  due,  or  to  gi-ow  due,  thereon;  and  I  hereby  covenant  with  the 
said  party  of  the  second  part,  and  there  is  now  due  on  the  said  bond 
or  obligation,  according  to  the  condition  thereof,  for  principal  and 
interest,  the  sum  of  one  thousand  dollars,  gold  coin  of  the  United  States 
of  America. 

Dated  . 

[Signature.] 

No.  502.  Assignment  of  Partnership  Property  to  One  Partner  on 
Dissolution. 

This  indenture,  made  this  second  day  of  June,  1916,  by  and  between 
G.  B.,  of  Oakland,  Alameda  County,  of  the  first  part,  and  J.  S.,  of  the 
same  place,  of  the  second  part,  witnesseth: 

That,  whereas,  the  said  parties  were  lately  copartners  in  the  business 
of  printing,  which  partnership  was  dissolved  and  determined  on  the 


173  Assignment.  Form  502 

said  second  daj^  of  June;  and  whereas,  many  debts  due  and  owing  to 
the  said  parties  on  account  of  their  said  copartnership  are  still  out- 
standing, and  debts  due  by  the  said  firm  are  yet  unpaid ;  and  whereas, 
it  is  agreed  that  the  said  party  of  the  second  part  shall  assign  and 
release  to  the  said  party  of  the  first  part  all  his  interest  in  the  stock 
in  trade,  goods,  and  effects  belonging  to  the  said  firm,  and  in  the  debts 
now  owing  to  the  said  firm,  and  that  the  said  party  of  the  first  part 
shall  assume  all  the  debts  and  liabilities  of  the  said  firm,  and  shall 
discharge  and  indemnify  the  said  party  of  tlio  second  part  from  all 
liabilities  and  losses  arising  from  the  said  partnership: 

Now,  therefore,  in  pursuance  of  the  said  agreement,  and  in  consid- 
eration of  the  sura  of  one  hundred  dollars,  paid  and  secured  to  the  said 
G.  B.,  he,  the  said  G.  B.,  doth  hereby  assign  to  the  said  J.  S.,  all  his 
right,  title,  interest,  in  and  to  all  stock  in  trade,  goods,  merchandise, 
machinery,  tools,  books,  leaseliold  premises,  and  effects  belonging  to 
the  said  partnership,  of  whatever  kind  or  nature  and  wheresoever  situ- 
ated; also,  all  his  right,  title,  and  interest  in  and  to  all  the  debts  of 
money  now  due  and  owing  to  the  said  firm,  whether  the  same  be  by 
bond,  bill,  note  or  account,  or  otherwise ;  and  the  said  G.  B.  doth  hereby 
make  and  appoint  the  said  J.  S.,  his  executors,  administrators,  and 
assigns,  his  attorney  in  fact  to  receive  all  and  several  the  debts  and 
sums  of  money  above  mentioned  to  his  and  their  own  use  and  benefit; 
and  doth  hereby  authorize  the  said  J.  S.,  his  executors,  etc.,  to  demand, 
collect  and  sue  for  the  said  debts  and  sums  of  money,  and  to  use  his, 
the  said  G.  B.'s.,  name  in  any  way  or  manner  that  the  collection,  re- 
covery, and  realization  of  the  said  debts  and  demands  may  render 
necessary,  as  well  in  court  as  out  of  court,  but  at  their  own  proper  costs 
and  charges,  and  without  cost  or  damage  to  the  said  G.  B.  And  the 
said  G.  B.  doth  hereby  further  authorize  the  said  J.  S.  to  convey  and 
transfer  to  his  own  name,  and  for  his  own  use  and  benefit,  any  and  all 
sums  of  money  and  effects,  real  and  personal  estate,  which  may  be 
taken  or  received  in  the  name  of  tlie  said  firm,  and  to  hold  the  same 
free  from  all  claims  of  the  said  G.  B.,  his  executors,  administrators,  or 
assigns. 

And  these  presents  further  witness  that,  in  pursuance  of  the  said 
agreement,  the  said  J.  S.,  for  himself,  his  executors  and  adminis- 
trators, doth  hereby  covenant  to  and  with  the  said  G.  B.,  his  executors 
and  administrators,  that  he,  the  said  J.  S.,  and  his,  etc.,  shall  pay  and 
discharge,  and  at  all  times  hereafter  save  harmless  and  indemnify  the 
said  G.  B.,  his  etc.,  from  and  against  all  and  every  the  debts,  duties, 
and  liabilities,  which,  at  the  dissolution  and  termination  of  the  said 
partnership,  were  due  and  owing  by  the  said  firm  to  any  person  or  per- 
sons for  any  matter  or  thing  touching  the  said  partnership,  and  of  and 
from  all  actions,  suits,  costs,  expenses,  and  damages  for  or  concerning 
the  said  debts,  duties,  and  liabilities,  unless  the  said  G.  B.,  shall  have 
contracted  any  debts  or  incurred  any  liabilities,  in  the  name  and  on 
account  of  the  said  firm,  which  are  unknown  to  the  said  J.  S.,  and  do 


Forms  503-506  Cowdery's  Form  Book.  174 

not  appear  in  the  books  of  the  said  firm ;  for  which,  if  any  such  exists, 
the  said  J.  S.  does  not  hereby  intend  to  make  himself  responsible. 

[Signatures.] 
In  witness  whereof  [etc.]. 

No.  503.    Assignment  of  Debt. 

Know  all  men  by  these  presents:  That  I,  A,  L.,  of,  etc.,  for  and  in 
consideration  of  the  sum  of  one  hundred  dollars,  to  me  paid  by  A.  P., 
of,  etc.,  the  receipt  whereof  is  hereby  acknowledged,  have  sold,  and  by 
these  presents  do  sell,  assign,  transfer,  and  set  over,  unto  the  said  A.  P., 
a  certain  debt  due  me  from  0.  L.,  amounting  to  the  sum  of  one  hun- 
dred dollars,  for  goods  sold  and  delivered  [or,  work,  labor,  and  ser- 
vices], with  full  power  to  sue  for,  collect,  and  discharge,  or  sell  and 
assign  the  same.  And  I  hereby  covenant,  that  the  said  sum  of  one  hun- 
dred dollars  is  justly  due  as  aforesaid. 

[Signature.] 

Dated  . 

No.  504.    Notice  by  Creditor  of  Assignment  of  Debt 

To  . 

You  are  hereby  notified  that  I  have  this  day  assigned  the  debt  of 
dollars  ($ ),  now  due  from  you  to  me,  to ,  of ,  county 


of ,  state  of  ,  and  you  are  requested  to  pay  the  same  to  him 

immediately. 

[Signature.] 

Dated  [etc.]. 

No.  505.    Notice  by  Assignee  of  Assignment  of  Debt. 
To 


You  are  hereby  notified  that  the  debt  of  dollars  ($ ),  owing 

by  you  to has  this  day  been  absolutely  assigned  to  me,  my  execu- 
tors, administrators,  and  assigns,  by  the  said  ;  and  that  you  are 

hereby  required  to  pay  said  debt  to  me,  or  to  such  person  as  I  may 
appoint  to  receive  the  same,  on  or  before  the day  of ,  19 — . 


[Signature.] 


Dated  [etc.]. 


No.  506.    Assignment  of  Seaman's  Wages. 

Know  all  men  that  I,  ,  for  and  in  consideration  of  the  sum  of 

dollars  ($ ),  in  which  amount  I  am  justly  indebted  to  ,  of 

,  county  of  ,  state  of  ,  do  hereby  assign,  sell,  and  set 

over  unto  the  said all  sums  of  money  now  due  and  owing  to  me, 

the  said ,  for  wages  or  services  on  board  the  ship  or  vessel  called 

the  ,  from  the  master  or  owner  of  said  vessel,  on  board  of  which 

vessel  I  served  as  a  mariner  on  her  voyage  from  to  ,  which 

has  recently  terminated,  witli  full  power  to  prosecute  the  said  vessel, 


175  Assignment.  Forms  507-510 

her  tackle,  apparel,  and  furniture,  freight,  cargo,  and  any  and  all  per- 
sons liable  therefor,  and  receive  and  recover  the  same,  and  give  dis- 
charges therefor.  And  the  assignor  covenants  that  he  has  not  released 
his  said  claim  for  wages,  and  that  there  is  now  due  and  owing  to  him 
therefor  the  sum  of dollars  ($ ). 


In  witness  whereof  [etc.]. 


[Signature.] 


No.  507.    Assignment  of  Personal  Property — In  General. 

For  and  in  consideration  of dollars  ($ ),  the  receipt  whereof 

is  hereby  acknowledged,  and  for  other  valuable  considerations,  I,  the 

undersigned,    do   hereby   sell,    assign,    and   transfer   to  ,    of  , 

county  of  ,  state  of  ,  all  the  personal  property  I  own  in  said 

state  at  this  time,  and  all  of  my  interests  in  such  property. 

[Signature.] 

In  witness  whereof  [etc.]. 

No.  508.    Assignment  of  Stock. 

For  and  in  consideration  of  the  sum  of  ten  thousand  dollars  to  me 
in  hand  paid,  I  hereby  assign  and  sell  to  A.  H.  three  shares  of  stock  of 
the  "E.  M.  A.,"  of  the  denomination  of  one  thousand  dollars  each, 
and  being  shares  represented  by  certificates  numbered  respectively,  25, 
26  and  27,  and  now  standing  in  my  name  on  the  books  of  said  company. 
And  I  do  guarantee,  that  all  assessments  to  date  are  paid  upon  said 
shares  and  each  of  them,  and  I  authorize  the  secretary,  or  other  proper 
officer  of  said  company,  to  enter  this  transfer  upon  the  books  of  said 
company. 

Dated  . 

[Signature.] 

No.  509.    Assignment  of  Stock — Another  Form. 

For  and  in  consideration  of dollars  ($ ),  the  receipt  whereof 

is  hereby  acknowledged,  I  ,  the  undersigned,  hereby  sell,  assign, 

transfer,  and  set  over  to ,  his  executors,  administrators,  and  assigns, 

with  full  power  to  transfer  the  same  on  the  books  of  the  corporation, 

■  shares  of  stock  belonging  to  me,  of  the company,  represented 

by  certificates  as  follows:  .     Said  company  has  its  principal  place 

of  business  at ,  in  the  county  of ,  state  of ,  and  the  said 

assignor  covenants  that  said  shares  of  stock  now  stand  in  the  name 
of  said  assignor  on  the  books  of  said  company. 

[Signature.] 

In  witness  whereof  [etc.]. 

No.  510.    Assignment  of  Account. 

For  and  in  consideration  of dollars  ($ ),  the  receipt  whereof 

is  hereby  acknowledged,  I,  ,  do  hereby  sell,  assign,  and  transfer 

to any  and  all  sums  of  money  now  due  to  me  from ,  of , 


Forms  511-513  Cowdery's  Form  Book.  176 

county  of  ,  state  of  ,  with  power  to  collect  the  same  in  m\' 

name,  and  as  my  attorney  hereunto  duly  authorized,  to  his  own  use, 
but  without  any  expense  or  charge  to  me  whatever  for  the  collection 
thereof. 

[Signature.] 
In  witness  whereof  [etc.]. 

No.  511.    Assignment  of  Account  Indorsed  Thereon. 

In  consideration  of  one  dollar,  value  received,  I  hereby  sell  and  assign 
to  F.  0.  the  within  account,  which  is  justly  due  from  the  within  named 
H.  A.,  and  I  hereby  authorize  the  said  F.  0.  to  collect  the  same. 

[Signature.] 

Dated . 

No.  512.    Assignment  of  Policy  of  Insurance. 

Know  all  men  by  these  presents :  That  I,  P.  L.,  of,  etc.,  in  the  annexed 
policy  named,  for  and  in  consideration  of  the  sum  of  one  hundred  dol- 
lars to  me  in  hand  paid  by  P.  C,  of,  etc.,  the  receipt  whereof  is  hereby 
acknowledged,  have  sold,  assigned,  transferred,  and  set  over,  and  by 
these  presents  do  sell,  assign,  transfer,  and  set  over,  unto  the  said 
P.  C,  the  annexed  policy  of  insurance,  and  all  sum  and  sums  of  money, 
interest,  benefit,  and  advantairc  whatsoever,  now  due  or  hereafter  to 
arise,  or  to  be  had  or  made  by  virtue  thereof;  to  have  and  to  hold  the 
same  unto  the  said  P.  C.  and  assigns  forever. 

[Signature.] 

The  above  assignment  is  approved. 

[Signature  of  insurer.] 

No.  513.    Assignment  of  Lease. 

Know  all  men  by  these  presents:  That  I,  B.  R.,  of  the  town  of  Red 
Bluff,  county  of  Tehama,  and  state  of  California,  for  and  in  f^onsidera- 
tion  of  the  sum  of  eight  hundred  and  fifty-nine  dollars  and  fifty  cents, 
gold  coin  of  the  United  States  of  America,  to  me  in  hand  paid  by  J.  H., 
of  the  said  town  and  county  of  Tehama,  and  state  aforesaid,  do  by 
these  presents  sell,  convey,  assign,  transfer,  and  set  over  unto  the  said 
J.  H.,  a  certain  indenture  of  lease,  bearing  date  the  fifteenth  day  of 
August,  one  thousand  nine  hundred  and  seventeen,  made  by  0.  C.  of  the 
city  and  county  of  San  Francisco,  and  state  aforesaid,  to  me,  the  said 
B.  F.,  of  a  certain  dwelling-house  and  lot,  situate,  lying,  and  being  in 
the  said  town  of  Red  Bluff,  county  of  Tehama,  bounded  and  described 
OS  follows,  to  wit: 

[Description.] 

for  the  term  of  four  years  and  six  montlis,  reserving  unto  the  said  0.  C, 
the  monthly  rent  of  thirty-seven  dollars  and  fifty  cents,  payable 
monthly,  on  the  fifteenth  day  of  each  month,  in  advance,  with  all  and 
singular  the  premises  therein  mentioned  and  described,  and  the  build- 
ings thereon,  together  with  the  appurtenances. 


177  Assignment.  Forms  514-51G 

To  have  and  to  hold  the  same  unto  the  said  J.  H.,  his  heirs,  execu- 
tors, administrators,  and  assigns,  from  the  fifteenth  day  of  November, 
one  thousand  nine  hundred  and  six,  for  and  during  all  the  remainder 
yet  to  come  of  the  said  term  of  four  years  and  six  months,  mentioned 
in  said  indenture  of  lease.  And  I  do  hereby  covenant  and  agree  to 
and  with  the  said  J.  H.,  that  the  said  assigned  premises  now  are  free  and 
clear  of  and  from  all  former  and  other  gifts,  gi-ants,  bargains,  sales, 
leases,  judgments,  executions,  back  rents,  taxes,  assessments,  and  en- 
cumbrances, by  me  suffered,  made  or  created. 

[Signature.] 

Dated . 

No.  514.    Assignment  of  Lease  "by  Indorsement. 

For  value  received,  I  do  by  these  presents  bargain,  sell,  assign,  and 
set  over  unto  the  said  C.  D.,  his  heirs  and  assigns,  the  within  written 
indenture  of  lease,  and  all  my  estate,  right,  title,  interest,  claim,  prop- 
erty, and  demand  of,  in,  and  to  the  lands,  tenements,  hereditaments, 
and  premises  therein  mentioned,  which  I  now  have,  by  means  of  the 
said  indenture,  or  otherwise;  subject,  nevertheless,  to  the  rents  and 
covenants  in  the  said  indenture  contained. 

[Signature.] 

Dated . 

NOTE.— This  form  should  not  be  used  if  it  is  the  intention  to  record. 

Use  the  preceding. 

No.  515.    Assignment  of  Contract  for  Sale  of  Real  Estate. 

Know  all  men  by  these  presents:  That  I,  A,  B.,  etc.,  for  and  in  con- 
sideration of  the  sum  of  fifty  dollars,  gold  coin  of  the  United  States, 
to  me  paid  by  C.  D.,  of,  etc.,  do,  by  these  presents,  sell,  transfer,  assign, 
and  set  over  unto  the  said  C.  D.,  a  contract  for  the  sale  of  certain  real 
estate,  described  as  follows,  to  wit: 

[Description.] 
which  said  contract  was  made  and  exectued  by  E.  F.,  of,  etc.,  to  me, 
the  said  A.  B.,  and  bears  date  the  sixth  day  of  May,  1916,  to  have  and 
to  hold  the  same  unto  the  said  C.  D.,  his  heirs,  executors,  administra- 
tors, and  assigns;  subject,  nevertheless,  to  the  covenants,  conditions, 
and  pajmients  therein  mentioned.  And  I  hereby  fully  authorize  and 
empower  the  said  C.  D.,  upon  his  performance  of  the  said  covenants  and 
conditions,  to  demand  and  receive  of  Ihe  said  E.  F.,  the  deed  covenanted 
to  be  given  in  the  said  contract,  in  the  same  manner,  to  all  intents  and 
purposes,  as  I  myself  might  or  could  do,  were  these  presents  not  exe- 
cuted. 

No.  516.    Assignment  of  Mortgage. 

Know  all  men  by  these  presents:  That  J.  F.,  of  the  town  of  Colusa, 
county  of  Colusa,  state  of  California,  the  party  of  tlie  first  pait,  for 

Form  Book — 12 


Forms  517, 518  Cowdery's  Form  Book.  178 

and  in  consideration  of  the  sum  of  one  thousand  five  hundred  dollars, 
lawful  money  of  the  United  States  of  America,  to  him  in  hand  paid 
by  H.  W.,  of  Grand  Island,  county  aforesaid,  party  of  the  second  part, 
the  receipt  whereof  is  hereby  acknowledged,  does  by  these  presents 
assign  and  transfer  unto  the  said  party  of  the  second  part,  a  certain  in- 
denture of  mortgage  bearing  date  the  nineteenth  day  of  May,  one  thou- 
sand nine  hundred  and  seventeen,  made  and  executed  by  J.  S.  and  J,  S., 
his  wife,  to  the  said  party  of  the  first  part,  and  recorded  in  the  office 
of  the  county  recorder  of  the  said  county  of  Colusa,  state  of  California, 
in  Liber  3  of  Mortgages,  page  279,  on  the  said  nineteenth  day  of  May, 
1917,  at  ten  (10)  minutes  past  3  o'clock  P.  M. 

Together  with  the  promissory  note  tlierein  described,  and  the  money 
due  and  to  grow  thereon,  with  the  interest. 

And  the  said  party  of  the  first  part  docs  hereby  make,  constitute, 
and  appoint  the  said  party  of  the  second  part  his  attorney  in  fact, 
irrevocable,  in  his  name  or  otherwise,  but  at  the  costs  of  the  said  party 
of  the  second  part,  to  have,  use,  and  take  all  lawful  means  for  the 
recovery  of  the  said  money  and  interest ;  and  in  case  of  payment  to 
discharge  the  same  as  fully  as  the  said  party  of  the  first  part  might  or 
could  do  if  these  presents  were  not  made. 

No.  517.    Assignment  of  Mortgage  (Statutory) — South  Dakota. 

For  and  in  consideration  of  dollars  to  in  hand  paid,  

do  —  hereby  assign  unto  ,  of  P.  0.,  a  certain  indenture  of 

mortgage  and  the  notes  secured  thereby,  executed  by  to  on 

the day  of ,  A.  D.  19 — ,  upon ,  and  recorded  in  book 

of  mortgages  on  page  ,  in  the  office  of  register  of  deeds  of  

county,  state  of  South  Dakota,  on  the  day  of ,  19 — ,  at 

o'clock . 

[Acknowledgment.]  [Signature.] 

NOTE.— Laws  1911,  c.  257,  see.  4. 

No.  518.    Assignment  of  Mortgage  With  Covenant  of  Ownership. 

Know  all  men  by  these  presents:  That  J.  M.,  of  Eureka,  county  of 
Humboldt,  state  of  California,  the  party  of  the  first  part,  for  and  in 
consideration  of  the  sum  of  five  hi;ndred  and  fifty-six  dollars,  lawful 
money  of  the  United  States  of  America,  to  him  in  hand  paid  by  G.  W., 
of  said  town  of  Eureka,  state  and  county  aforesaid,  the  party  of  the 
second  part,  the  receipt  of  which  is  hereby  acknowledged,  has  granted, 
bargained,  sold,  assigned,  transferred,  and  set  over,  and  by  these  pres- 
ents does  assign  and  transfer  unto  the  said  party  of  the  second  part,  a 
certain  indenture  of  mortgage,  bearing  date  the  nineteenth  day  of 
May,  one  thousand  nine  hundred  and  seventeen,  made  and  executed  by 
J.  B.,  of  said  town  of  Eureka,  to  the  said  party  of  the  first  part  to 
secure  the  payment  of  the  sum  of  five  hundred  and  sixty-three  dollars 
and  ninety  cents,  gold  coin  of  the  United  States,  together  with  the 


179  Assignment.  Forms  519, 520 

promissory  note  or  obligation  therein  described,  and  the  money  due,  or 
to  grow  due  tliereon,  with  the  interest;  which  said  indenture  of  mort- 
gage was  recorded  in  the  office  of  the  county  recorder  of  the  said  county 
of  Humboldt,  state  of  California,  in  Book  16  of  Mortgages,  page  196, 
on  the  twenty-fourth  day  of  May,  1917. 

To  have  and  to  hold  the  same  unto  the  said  party  of  the  second  part, 
his  executors,  administrators,  and  assigns,  for  his  or  their  use  and 
benefit;  subject  only  to  the  proviso  in  the  said  indenture  of  mortgage 
mentioned.  And  the  said  party  of  the  first  part  does  hereby  make, 
constitute,  and  appoint  the  said  party  of  the  second  part  his  true  and 
lawful  attorney  in  fact,  irrevocable,  in  his  name  or  otherwise,  but  at 
the  proper  cost  of  the  said  party  of  the  second  part,  to  have,  use,  and 
take  all  lawful  ways  and  means  for  the  recovery  of  the  said  money  and 
interest;  and  in  case  of  payment  to  discharge  the  same  as  fully  as  the 
said  party  of  the  first  part  might  or  could  do  if  these  presents  were 
not  made. 

And  the  said  party  of  the  first  part  does  hereby  covenant  to  and  with 
the  said  party  of  the  second  part,  that  the  said  party  of  the  first  part 
is  the  lawful  owner  and  holder  of  the  said  promissory  note  and  mort- 
gage, and  that  he  has  good  right  to  sell,  transfer,  and  assign  the  same 
as  aforesaid,  and  that  there  is  now  due  and  owing  upon  the  said  promis- 
sory note  and  mortgage,  in  gold  coin  of  the  United  States,  the  sum  of 
six  hundred  and  seven  dollars  and  eighty-four  cents,  with  interest  from 
the  nineteenth  day  of  October,  one  thousand  nine  hundred  and 
seventeen. 

Dated  . 

[Signature.] 

No.  519.    Assignment  Indorsed  on  Mortgage. 

For  value  received,  I  do  hereby  sell,  assign,  transfer,  and  set  over, 
unto  J.  W.,  the  within  indenture  of  mortgage,  together  with  the  note 
accompanying  the  same. 

Dated  . 

[Signature.] 

No.  520.    Assignment  of  Bond  and  Mortgage. 

This  indenture,  etc.  [as  in  the  forms  preceding,  then  add:]  But  this 
indenture  [or,  this  assignment]  is  nevertheless  made  upon  this  express 
condition,  that  if  the  said  A.  B.,  his  heirs,  executors,  or  administrators, 
shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  A.  L.,  his 
heirs,  executors,  administrators,  or  assigns,  the  sum  of  one  thousand 
dollars,  on  or  before  the  seventh  day  of  June,  1916,  with  legal  interest 
from  the  date  hereof,  this  indenture  [or,  this  assignment]  shall  be  void 
and  of  no  effect ;  it  being  made  for  the  purpose  of  securing  the  payment 
of  the  said  sum  of  one  thousand  dollars,  with  interest,  as  aforesaid, 
and  for  no  other  purpose  whatever.  And  in  case  the  said  A.  L.,  his 
heirs,  executors,  administrators,  or  assigns,  sliall  collect  and  receive 
the  money  due  on  said  mortgage  hereby  assigned,  he  or  they  shall. 


Forms  521, 522  Cowdery's  Form  Book.  180 

after  retaining'  the  sum  of  one  thousand  dollars  with  the  interest 
thereon,  and  his  or  their  reasonable  costs  and  charges  in  that  behalf 
expended,  pay  the  surplus,  if  any  there  be,  to  the  said  A.  B.,  his  heii'S, 
executors,  administrators,  or  assigns. 

Dated  . 

[Signature.] 

No.  521.    Assignment  of  Judgment. 

Know  all  men  by  these  presents :  That  G.  H.,  of  Redwood  City,  county 
of  San  Mateo,  the  party  of  the  first  part,  in  consideration  of  the  sum 
of  two  thousand  five  hundred  dollars,  gold  coin  of  the  United  States 
of  America,  to  him  in  hand  paid,  by  C.  L.,  of  Redwood  City,  in  said 
county,  state  of  California,  the  party  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  has  sold  and  assigned  unto  the  said 
party  of  the  second  part,  and  his  assigns,  a  certain  judgment,  recov- 
ered by  the  said  party  of  the  first  part,  on  the  ninth  day  of  August,  in 
the  year  of  our  Lord  one  thousand  nine  hundred  and  sixteen,  in  the 
superior  court  of  the  said  county  of  San  Mateo,  state  of  California, 
against  S.  S.  and  A.  J.,  for  the  sum  of  three  thousand  two  hundred 
dollars,  gold  coin  of  the  United  States  of  America,  and  sixty-seven 
dollars  and  fifty  cents,  cost  of  suit,  and  all  sums  of  money  that  may 
be  had  or  obtained  by  means  of  said  judgment,  or  on  any  proceedings 
to  be  had  thereupon.  And  the  said  party  of  the  first  part  does  hereby 
appoint  the  said  party  of  the  second  part,  and  his  assigns,  his  true  and 
lawful  attorney  irrevocable,  with  power  of  substitution  and  revocation, 
for  the  use  and  at  the  proper  costs  and  charges  of  the  said  party  of 
the  second  part,  to  demand  and  receive  the  said  money,  and  to  take 
out  executions,  and  take  in  my  name,  or  otherwise,  all  lawful  ways  and 
means  for  the  recovery  of  the  money  due  or  to  become  due  on  the  said 
judgment;  and  on  payment  to  acknowledge  satisfaction  or  discharge 
the  same.  And  the  said  party  of  the  first  part  does  covenant  that  he 
will  not  collect  or  receive  the  same,  or  any  part  thereof,  nor  release 
or  discharge  the  said  judg:nent,  but  will  allow  all  lawful  proceedings 
therein,  the  said  party  of  the  second  part  saving  the  said  party  of  the 
first  part  harmless  of  and  from  any  costs  in  the  premises. 

Dated . 

[Signature.] 

No.  522.    Assignment  of  Judgment — Another  Form.- 
[Title  of  Court  and  Cause.] 

In  consideration  of  fifty  dollars,  gold  coin  of  the  United  States,  to 
me  paid,  I  do  hereby  sell,  assign,  and  transfer  to  C.  D.  the  judgment 
heretofore  given,  made  and  entered  in  the  above-entitled  action,  for 
his  use  and  benefit ;  hereby  authorizing  him  to  collect  and  enforce 
payment  thereof,  in  my  name  or  otherwise,  but  at  his  own  costs  and 
charges. 

Dated , 

[Signature.] 


181  Assignment.  Forms  523-526 

No.  523.    Assignment  of  Goodwill  and  Book  Debts  of  Business  upon 
Sale  Thereof. 

It  having  been  agreed  that  ,  of  ,  county  of  ,  state  of 

,  who  is  engaged  in  the  business  of ,  shall  sell  his  said  business 

and  the  goodwill  thereof  to  ,  of  the  same  place,  for  the  price  of 

dollars    ($ ),   current  lawful   money  of  the   United   States  of 

America : 

Now  this  indenture  witnesseth  that,  in  pursuance  of  said  agreement, 
and  in  consideration  of  the  said  sum  of  dollars  ($ ),  the  re- 
ceipt  whereof  from   the   jjurchaser   is   hereby   acknowledged,    the   said 

assigns  to  the  said  the  whole  of  the  business  aforesaid,  and 

the  goodwill  and  full  benefit  thereof,  for  the  period  of years,  with 

the  right  to  use  the  trade  name  of  said  business,  namely,  . 

Dated . 

[Signature.] 

No.  524.    Notice  of  Assignment  of  Legacy. 

To  ,  Executor  of  the  Will  of  ,  Deceased. 

You   are   hereby   notified    that    the  legacy  or  sum  of    dollars 

($ ),  bequeathed  to  ,  legatee  under  the  will  of  said  testator, 

has  been  this  day  absolutely  assigned  to  me  by  the  said  legatee,  and 
you  are  requested  to  pay  the  same  to  me  as  and  when  it  becomes  pay- 
able together  with  the  interest  due  thereon. 

Dated  [eta,]. 

[Signature.] 

No.  525.    Assignment  by  Corporation. 

Be  it  known  that  the  company,  of ,  a  corporation  organized 

and   doing  business  under  the  laws   of  the  state  of  ,   having  its 

principal  office  at  ,  in  said  state,  in  pursuance  of  a  resolution  of 

the   board  of  directors   of  said   company,   passed  on  the  day  of 

,    191 — ,    in    consideration    of    dollars    ($ ),   the     receipt 

whereof  is  hereby  acknowledged,  does  hereby  sell,  assign,  transfer,  and 
Bet  over  to  ,  of  ,  all  that  certain  property  described  as  fol- 
lows, to  wit:  . 

In  witness  whereof  the  said  company  has  caused  these  presents  to 
be  signed,  in  its  name,  by  its  president,  and  sealed  with  its  corporate 
seal,  attested  by  its  secretary,  this  day  of  ,  191 — . 

[Seal]  ,  Company. 

Attest,  ,  Secretary.  By  ,  President. 

No.  526.    Assignment  of  Contract  for  Sale  of  Land. 

Know  all  men  by  these  presents  that  I,  ,  of  ,  for  and  in 

consideration   of   the   sum   of  dollars    ($ ),   gold   coin   of  the 

United  States,  to  me  paid  by  ,  of  ,  do,  by  these  presents,  sell, 

transfer,   assign,  and  set  over  unto  the  said  a  contract  for  the 

sale  of  certain  real  estate,   described   as  follows,  to  wit:   ,  which 


Forms  527, 528  Cowdery's  Form  Book.  182 

said  contract  was  made  and  executed  by  ,  of  ,  to  tlie   said 

,  and  bears  date  the  day  of ,  191 — ,  to  have  and  to  hold 

the  same  unto  the  said  ,  his  heirs,  executors,  administrators,  and 

assigns;  subject,  nevertheless,  to  the  covenants,  conditions,  and  pay- 
ments therein  mentioned.  And  I  hereby  fully  authorize  and  empower 
the  said  ,  upon  his  performance  of  the  said  covenants  and  condi- 
tions, to  demand  and  receive  of  the  said  the  deed  covenanted  to 

be  given  in  the  said  contract,  in  the  same  manner,  to  all  intents  and 
purposes,  as  I  myself  might  or  could  do  were  these  presents  not 
executed. 

In  witness    [etc.], 

[Signature.] 

Executed  in  presence  of , 

No.  527.    Assignment  of  Mortgage  as  Collateral  Security. 

Be  it  known  that  I,  ,  have  this  day  assigned  to  ,  as  collat- 
eral security  for  the  payment  of  dollars    ($ ),  which  I   owe 

liim,  a  certain  mortgage,  dated  ,  191 — ,  signed  by  ,  and  re- 
corded   ;  but  upon  this  express  condition,  agieed  to  by  the  said 

,  namely,  that  if  I,  the  said ,  my  heirs,  executors,  or  adminis- 
trators, shall  well  and  truly  pay,  or  cause  to  be  paid,  to  the  said  , 

his  heirs,   executors,   administrators,  or  assigns,  the  said  sum  of 


dollars   ($ ),  on  or  before  the  day  of  ,  191 — ,  with  legal 

interest  from  the  date  hereof,  this  assignment  shall  be  void;  it  being 

made  for  the  purpose  of  securing  the  payment  of  the  said  sum  of 

dollars   ($ ),  with  interest  as  aforesaid,  and  for  no  other  purpose 

Avhatever.     And  it  is  agreed  between  me,  the  said  ,  and  the  said 

,   that   if    the  said  ,  his  heirs,   executors,   administrators,   or 

assigns,  shall  collect  and  receive  the  money  due  on  said  mortgage  hereby 

assigned,    he    or   they   will,   after  retaining  the    sum   of    dollars 

($ ),  with  interest  thereon,  and  his  or  their  reasonable  costs  and 

charges  in  that  behalf  expended,  pay  the  surplus,  if  any  there  be,  to 
me,  the  said  ,  my  heirs,  executors,  administrators,  or  assigns. 

Witness  our  hands  this day  of ,  191 — . 

[Signature.] 

Executed  in  presence  of . 

No.  528.    Assignment  of  Judgment — Justice's  Court. 

[Title  of  Court  and  Cause.] 

Judgment  docketed  ,  191 — ,  for  dollars   ($ )    damages, 

and dollars  ($ )  costs. 

For  value  received,  I  do  hereby  assign,  transfer,  and  set  over  the 

above-mentioned  judgment  to  ,  for  his  use,  and  at  his  risk,  costs, 

and  chai'ges,  in  all  respects. 

Dated ,  191—. 

[Signature.] 


183  Assignments  for  Benefit  of  Creditors.        Form  529 

No.  529.     Complaint  by  Assignee. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  [Allege  incorporation  as  heretofore.] 

2.  [Same  as  by  executor  on  life  policy.] 

3.  Tliat  on  the  first  day  of  March,  1917,  the  said  A.  B.  [with  the 
written  consent  of  the  defendants,  or  otherwise,  according  to  the  terms 
of  the  policy],  assigned  said  policy  of  insurance  to  this  plaintiff,  in 
trust  for  E.  B.,  his  wife. 

4.  That  up  to  the  time  of  the  death  of  A.  B.  all  premiums  accrued 
upon  said  policy  were  fully  paid. 

5.  That  on  the  fifth  day  of  June,  1917,  at  L.,  said  A.  B.  died. 

6.  That  said  A.  B.  and  the  plaintiff  each  performed  all  the  condi- 
tions of  said  insurance  on  their  part,  and  the  plaintiff,  more  than  ten 
days  before  the  commencement  of  this  action,  to  wit,  on  the  tenth 
day  of  June,  1917,  at  L.,  gave  to  defendants  notice  and  proof  of  the 
death  of  said  A.  B.,  as  aforesaid,  and  demanded  payment  of  the  said 
sum  of  $10,000. 

7.  That  the  defendant  has  not  paid  the  same,  nor  any  part  thereof. 


ASSIGNl^'IENTS  FOR  BENEFIT  OF  CREDITORS. 

540.  Assigiuiient  to  trustee  for  benefit  of  creditors. 

541.  Assignment  to  sheriff  for  benefit  of  creditors. 

542.  Transfer  by  sheriff  to  assignee. 

543.  Notice  to  creditors,  by  sheriff,  to  meet  for  purpose  of  electing  assignee, 

544.  Published  notice  to  creditors  by  sheriff. 

545.  Inventory  to  be  made  by  assignor  for  benefit  of  creditors. 

546.  Afladavit  to  inventory  of  assignor  for  benefit  of  creditors. 

547.  Assignee's  bond. 

548.  Condition  of  assignee's  bond — Kansas. 

549.  Assignee's  notice  to  creditors. 

550.  Af&davit  of  publication  of  notice  to  creditors. 

551.  Affidavit  of  mailing  notice  to  creditors. 

552.  Complaint  by  assignee  for  benefit  of  creditors. 

INTRODUCTORY  NOTE. 

In  California,  a  debtor  is  insolvent  when  he  is  unable  to  pay  Ms 
debts  from  his  own  means  as  they  become  due:  Civ.  Code,  sec.  3-150. 
He  may  make  assignment  for  the  benefit  of  creditors.  He  must 
give  a  list  of  his  creditors,  their  residence  and  claims.  Tlie  assign- 
ment is  to  the  sheriff  of  the  county  of  his  residence,  if  lie  resides 
in  the  state.  If  he  resides  out  of  the  state,  then  to  the  sheriff  of 
the  county  where  the  property  assigned,  or  some  of  it,  is  situated. 
The  sheriff  then  takes  possession  of  the  property.  As  soon  as  the 
assignment  is  made  the  sheriff  m.ust,  by  mail,  notify  the  creditors 
named  to  meet  at  his  office  on  a  day  and  hour  not  less  than  eight 
nor  more  than  ten  days  from  the  date  of  the  delivery  of  the  assign- 


Form  540  Cowdery  's  Form  Book.  184 

nient  to  him,  to  elect  one  or  more  assignees,  as  tliey  may  elect  in 
the  place  of  the  sheriff.     The  practice  under  the  law  falls  naturally 
into  the  hands  of  those  who  know  how  to  do  things,  and  they  make 
the  time  for  the  creditors  to  choose  an  assignee  as  short  as  possible, 
so  that  the  local  creditors  at  the  county  seat  (where  the  sheriff 
resides)  may  be  manipulated  and  stimulated  by  the  sheriff'  and  his 
attorney,  to  continue  him  (the  sheriff)  as  assignee,  in  preference 
to  creditors  (foreign  to  the  sheriff's  residence)  who  might  them- 
selves desire  a  voice  in  the  selection.     The  notice  so  mailed  must 
describe  the  amount  of  the  creditor's  demand  as  it  appeare  in  the 
assignment.     At  the  creditors'  meeting  the  sheriff  presides,  and  a 
majority  in  amount  of  demands  controls.     Proxies  are  allowed,  but 
they  must  be  acknowledged.     Any  number  of  assignees  may  be 
elected,  and  when  elected  the  sheriff  shall  assign  to  them  all  he 
took  under  the  debtor's  assignment.     Before  making  assignment, 
the  sheriff  shall  be  paid  the  same  fees  he  would  have  been  entitled 
to,  provided,  instead  of  under  the  assignment,  he  had  taken  the 
property  of  the  debtor  under  attachment.     The  practical  working 
of  the  provision  is  that  in  the  large  cities,  at  the  first  meeting  of 
creditore  a  motion  is  made  to  adjourn,  and  it  is  adjourned  from 
day  to  day,  so  that  the  sheriff's  fees,  including  keeper's  and  at- 
torney's charges,  make  such  a  hole  in  the  estate  that  the  creditors 
often  vote  the  sheriff  in  as  permanent  assignee,  rather  than  risk 
a  change  and  a  second  payment  of  the  same  fees  to  a  new  lot  of 
officers. 

A  person  residing  in  another  state  cannot  make  an  assignment 
of  his  property  in  this  state,  except  as  is  by  the  California  statutes 
provided;  but  a  person  may,  notwithstanding  the  statute,  assign 
all  his  property  in  this  state  for  the  benefit  of  any  one  or  more 
creditors. 

No.  540.    Assignment  to  Trustee  for  Benefit  of  Creditors. 

This  indenture,  made  the  day  of  ,  191—,  by  and  between 

of  ,  county  of  ,  state  of  ,  merchant,  party  of  the 

first  part;  ,  of ,  in  said  county  and  state,  party  of  the  second 

part;   and  the  several  persons,  creditors  of  the  said  ,  who  have 

executed,  or  shall  hereafter  execute,  or  accede  to  these  presents,  par- 
ties of  the  third  part,  witnesseth: 

That  whereas  the  party  of  the  first  part  is  indebted  to  divers  per- 
sons in  considerable  sums  of  money,  which  he  is  at  present  unable  to 
pay  in  full,  and  he  is  desirous  to  convey  all  his  property  for  the  benefit 
of  all  his  creditors,  without  any  preference  or  priority  other  than  that 
provided  by  law: 

Now,  the  party  of  the  first  part,  in  consideration  of  the  premises, 
and  of  one  dollar,  paid  to  him  by  the  party  of  the  second  part,  hereby 


185  Assignments  for  Benefit  of  Creditors.        Form  540 

grants,  bargains,  sells,  assigns,  and  conveys  unto  the  party  of  the 
second  part,  and  his  heirs  and  assigns,  all  his  lands,  tenements,  heredita- 
ments, goods,  chattels,  property,  and  choses  in  action,  of  every  name 
and  nature  and  description,  wheresoever  the  same  may  be,  except  such 
])roperty  only  as  is  exempted  by  law  from  attachment  and  execution, 
as  fully  described  and  set  forth  in  the  schedule  hereto  annexed  and 
made  a  part  of  this  assignment. 

To  have  and  to  hold  the  said  premises  unto  the  said  party  of  the 
second  part,  and  his  heirs  and  assigns: 

But  in  trust  and  confidence  nevertheless  to  sell  and  dispose  of  the 
said  real  and  personal  estate,  and  to  collect  the  said  choses  in  action, 
using  a  reasonable  discretion  as  to  the  times  and  modes  of  selling  and 
disposing  of  said  estate,  as  it  respects  making  sales  for  cash  or  on 
credit,  at  public  auction  or  by  private  contract,  and  with  the  right  to 
compound  for  the  said  choses  in  action,  taking  a  part  for  the  whole, 
where  the  trustee  shall  deem  it  expedient  so  to  do;  then  in  trust  to 
dispose  of  the  proceeds  of  the  said  property  in  the  manner  following, 
viz.: 

1.  To  pay  all  such  debts  as  by  the  laws  of  the  United  States  or  of 
this  state  are  entitled  to  a  preference  in  such  cases; 

2.  To  pay  the  costs  and  charges  of  these  presents,  and  the  expenses 
of  executing  the  trusts  declared  in  these  presents; 

3.  To  distribute  and  pay  the  remainder  of  the  said  proceeds  to  and 
among  all  the  parties  of  the  third  part,  ratably,  in  proportion  to  their 
respective  debts.  And,  if  there  should  be  any  surplus,  after  paying 
all  the  parties  of  the  third  part  in  full,  then  in  trust ; 

4.  To  pay  over  such  surplus  to  the  party  of  the  first  part,  his  execu- 
tors, administrators,  or  assigns. 

And  the  party  of  the  first  part  hereby  constitutes  and  appoints  the 
party  of  the  second  part  his  attorney  irrevocable,  with  power  of  sub- 
stitution, authorizing  him,  in  the  name  of  the  party  of  the  first  part, 
or  otherwise,  as  the  case  may  require,  to  do  any  and  all  acts,  matters, 
and  things  to  carry  into  effect  the  true  intent  and  meaning  of  these 
presents  which  the  party  of  the  first  part  might  do  if  personally  present. 

And  the  party  of  the  second  part,  hereby  accepting  these  trusts, 
covenants  to  and  with  each  of  the  other  parties  hereto  to  execute  the 
same  faithfully. 

And  the  party  of  the  first  part  hereby  covenants  with  the  said  trus- 
tee, from  time  to  time,  and  at  all  times  when  requested,  to  give  him 
all  the  information  in  his  power  respecting  the  assigned  property,  and 
to  execute  and  deliver  all  such  instruments  of  further  assurance  as 
the  party  of  the  second  part  shall  be  advised  by  counsel  learned  in  the 
law  to  be  necessary,  in  order  to  carry  into  full  effect  the  true  intent 
and  meaning  of  these  presents. 

And  the  parties  of  the  third  part,  by  signing  these  presents,  express 
their  assent  to  this  assignment,  and  accept  the  provision  for  them 
made  herein,  pursuant  to  the  statute  aforesaid. 


Forms  541, 542  Cowdery's  Form  Book.  186 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands 
this  day  of  ,  191—.  [Signatures.] 

NOTE. — If  there  is  any  property  exempted  by  law  from  attachment  or 
execution,  set  forth  a  description  thereof  in  a  schedule,  and  annex  it  to  tbo 
assignment. 

No.  541.    Assignment  to  Sheriff  for  Benefit  of  Creditors. 

Whereas  I,  ,  the  undersigned,  of  ,  county  of  ,  state  of 

,  am  unable  at  present  to  pay  my  debts  from  my  own  means  as 

they  become  due,  am  insolvent,  and  am  desirous  of  availing  myself  of 
the  benefit  of  sections  of  the  of  the  state  of  — — : 

Now  therefore,  in  consideration  of  the  premises,  and  in  accordance 

with  the  law  in  such  cases  made  and  provided,  I,  the  said  ,  do 

liereby  grant,  convey,  transfer,  assign,  and  set  over  unto  -,  sheriff 

of  the  county  of  ,  ctate  of  ,  his  successors  and  assigns,  all 

real  and  personal  property,  of  every  kind  and  description,  and  where- 
soever situated,  of  which  I  am  the  owner,  or  possessed  of,  or  entitled 
to  the  possession  of,  or  in  which  I  am  in  any  manner  interested. 

To  have  and  to  hold  the  same  for  the  satisfaction  of  my  creditors, 
in  accordance  with  the  provisions  of  the  law  in  such  cases  made  and 
provided. 

The  following  is  a  list  of  the  names  of  my  creditors,  with  their  places 
of  residence,  and  the  amount  of  tlieir  respective  demands; 

Names.                              Place  of  Residence.                              Amount. 
. , ,  and •  

[Here  follow  blank  spaces  for  required  number  of  names.] 

Dated  at  ,  this  day  of  ,  191—. 

[To  be  acknowledged.]  [Signature.] 

No.  542.    Transfer  by  Sheriff  to  Assignee. 
[Title  of  Court  and  Cause.] 

Whereas  ,  of  ,  county  of  ,  state  of  ,  an  insolvent 

debtor,  did,  on  the  day  of  ,  191—,  in  pursuance  of  the  pro- 
visions of  sections  of  the  of  the  state  of  ,  assign  to 

me  ,  sheriff  of  the  county  of  ,  state  of  ,  his  property  for 

the  benefit  of  his  creditors,  which  assignment  was  and  is  in  writing, 
and  was  duly  recorded  in  the  office  of  the  county  recorder  of  the 
county  of ,  state  of ,  on  the day  of ,  191—; 

And  whereas  I,  the  said  sheriff,  did  thereupon  cause  a  notice  of  a 

meeting  of  the  creditors  of  the  said  to  be  sent  by  mail  to  each 

creditor  named,  and  to  the  address  given  in  said  assignment,  and 
which  notice  specified  the  amount  owing  to  such  creditors,  as  set  forth 
in  said  assignment,  and  notified  them  to  meet  at  my  office  in  said  county 

of  ,  state  of  ,  on  ,  the  day  of  ,  191—,  at 

o'clock  A.  M.  of  that  day,  for  the  pui-pose  of  electing  an  assignee  or 
assignees  in  my  place  and  stead,  as  assignee  of  the  property  of  the 
said : 


187        Assignments  for  Benefit  of  Creditors.     Forms  543,  544 

And  whereas  I,  the  said  sheriff,  did  cause  a  notice  of  said  meeting 
of  creditors  to  be  published  for  in  the  ,  a  newspaper  pub- 
lished in  said  county  and  state,  which  said  county  was  and  is  the  place 
of  residence  of  the  said  ; 

And  whereas,  at  a  meeting  of  the  creditors  of  the  said  ,  held  in 

pursuance  of  the  notices   aforesaid,   which  were  given  and  published 

as  required  by  law  in  such  cases  made  and  provided,  was,  by  a 

majority  in  amount  of  the  demands  against  the  said  present  and 

represented   by  proxy,   duly   elected   assignee  in   accordance  with   the 
aforesaid  provisions  of  law: 

Now  therefore,  in  consideration  of  the  premises,  and  in  pursuance 
of  the  law  in  such  cases  made  and  provided,  I,  ,  sheriff  as  afore- 
said, do,  as  such   sheriff,  hereby  grant,  convey,  transfer,   assign,  and 

set  over  to  the  said  ,  as  such  assignee,  and  to  his  successors  and 

assigns,  upon  the  trusts  provided  in  said  assignment  and  in  said  sections 

of  the  of  the  state  of ,  all  of  the  proi^erty,  ol  every  kind  and 

description,  so  as  aforesaid  assigned  to  me  by  the  said . 

Dated  at  ,  this  day  of  ,  191 — . 

[Official  signature.] 

[To  be  acknowledged.] 

No.  543.    Notice  to  Creditors,  by  Sheriff,  to  Meet  for  Purpose  of  Elect- 
ing Assignee. 
[Title  of  Court  and  Cause.] 
To . 

You  are  hereby  notified  to  attend  a  meeting  of  the  creditors  of , 

to  be  held  at  my  office  in  on ,  the  day  of  ,  191 — , 

at  o'clock  —  M.  of  said  day,  for  the  purpose  of  electing  one  or 

more  assignees  of  said  in  my  place  and  stead.     The  amount  of 

your  demand  set  forth  in  the  assignment  to  me  is •  dollars  ($ ). 

Dated  [etc.]. 

[Official  signature.] 

NOTE. — This  is  the  form  of  notice  to  be  given  by  mail.  The  day  set  must 
not  be  less  nor  more  than  the  time  prescribed  by  statute  from  the  date  of 
the  delivery  of  the  assignment  to  the  sheriff.  This  notice  shall  also  contain 
a  statement  of  the  nature  and  amount  of  any  security  for  the  demand  of  the 
creditor,  if  any  such  security  exists. 

No.  544.    Published  Notice  to  Creditors  by  Sheriff. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that  a  meeting  of  the  creditors  of  will 

be  held  at  my  office  in  ,  on  ,  the  day  of  ,  191 — ,  at 

o'clock  —  M.  of  said  day,  for  the  purpose  of  electing  one  or  more 

assignees  of  said  in  my  place  and  stead,  as  assignees  of  the  said 

for  the  benefit  of  his  creditors. 

Dated  [etc.].  [Official  signature.] 

NOTE. — This  notice  must  be  published  at  least  once  before  such  meeting. 


Forms  545,  546 


Cowdery's  Form  Book. 


188 


No.  545.    Inventory  to  be  Made  by  Assignor  for  Benefit  of  Creditors. 

[Title  of  Court  and  Cause.] 

The  following  is  a  full  and  true  inventory  of  all  property,  both  real 
and  personal,  belonging  to  the  assignor  in  the  above-entitled  cause,  at 
the  time  of  the  making  of  his  assignment  for  the  benefit  of  creditors: 
the  names  and  places  of  residence  of  his  creditors,  and  the  sum  due 
to  each ;  the  true  nature  of  the  indebtedness  or  demand ;  the  true  cause 
and  consideration  thereof,  and  the  time  and  place  when  and  where 
said  indebtedness  accrued;  and  a  statement  of  any  existing  pledge,  lien, 
mortgage,  judgment,  or  other  security  for  the  payment  of  the  same: 


U 

o 

exist- 
mort- 
,      or 
r  the 
said 

Id 

O       . 

S2 

<D 

re  of 

edness 
nand. 

cause 

eration 

edness. 

when 

edness 

ued. 

where 
edness 
ued. 

jf  any 
,  lien, 
dgment 
rity  fo 
of    the 

o 

So 

S 

ed   o  ^ 

True 

consid 
indebt 

Place 

indebt 

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BO         w   g 

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OS 

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[Here  follow  blank  spaces  for  the  required  number  of  names.] 
And  the  following  is  an  accurate  description  of  all  the  estate,  both 
real  and  personal,  of  the  said  assignor,  including  his  homestead,  and 
all  property  exempt  by  law  from  execution,  and  where  the  same  is 
situated,  and  all  encumbrances  thereon: 

1.  Real  estate  belonging  to  the  assignor,  and  encumbrances  thereon. 

2.  Homestead  of  assignor,  and  encumbrances  thereon. 

3.  Property  of  the  assignor  exempt  by  law  from  execution,  and  where 
situated  and  encumbrances  thereon. 

4.  All  other  personal  property  of  the  assignor,  where  situated,  and 
all  encumbrances  thereon. 

[Signature.] 

NOTE. — If  the  place  of  residence  of  any  creditor  is  not  known,  state  that 
fact  under  the  appropriate  head;  and  if  no  security  has  been  given  for  the 
payment  of  the  debt,  say  "no  security"  in  the  proper  column.  This  in- 
ventory must  have  printed  thereunder,  or  attached  thereto,  the  assignor's 
affidavit. 

No.  546.    Affidavit  to  Inventory  of  Assignor  for  Benefit  of  Creditors. 
[Title  of  Court  and  Cause.] 
State  of  — ^ — , 

County  of ,  ss. 

,  being  sworn,  says  that  the  above  inventory  is  in  all  respects 


just  and  true,  according  to  the  best  of  assignor's  knowledge  and  belief. 

[Signature.] 
Subscribed  and  sworn  to  [etc.]. 

[Official  Signature.] 

NOTE. — This  affidavit  must  be  annexed  to  and  filed  with  the  inventory. 


189  Assignments  FOR  Benefit  OF  Creditors.    Forms  547-5^9 

No.  547.    Assignee's  Bond. 
[Title  of  Court  and  Cause.] 

Know  all  men  by  these  presents  that  we,  ,  of  ,  county  of 

• ,  state  of ,  as  principal,  and  and ,  of  the  same  place, 

as  sureties,  are  held  and  firmly  bound  to  the  people  of  the  state  of 

,  in  the  sum  of dollars   ($ ),  current  lawful  money  of  the 

United  States  of  America,  to  be  paid  to  the  people  of  said  state,  for 
which  payment  well  and  truly  to  be  made  we  bind  ourselves,  our  heirs, 
executors,  and  administrators,  jointly  and  severally,  firmly  by  these 
presents ; 

And  whereas  the   said  was,  on  the  day  of.  ,  191 — , 

elected  assignee  of  the  property  of  ,  who,  on  the  day  of , 

191 — ,  made  an  assignment  for  the  benefit  of  his  creditors: 

Now  the  condition  of  this  obligation  is  such  that  if  the  above-bounden 

,  assignee  of  as  aforesaid,  shall  faithfully  discharge  his  trust 

as  such  assignee,  and  duly  account  for  all  monej^s  received  by  him, 
then  the  above  obligation  to  be  void;  otherwise,  to  remain  in  full  force 
and  effect. 

Dated,  signed,  and  sealed  with  our  seals  this day  of ,  191 — . 

[Signatures  and  seals.] 

NOTE. — This  bond  must  be  filed  in  the  same  office  with  the  inventory:  See 
Cal.  Civ.  Code,  sec.  3467. 

No.  548.    Condition  of  Assignee's  Bond — Kansas. 

The  condition  of  this  obligation  is  such  that  if  the  above-bounden 

,  assignee  of ,  shall  in  all  things  discharge  his  duty  as  assignee 

of aforesaid,  and  faithfully  execute  the  trust  confided  to  him,  then 

the  above  obligation  to  be  void;  otherwise,  to  remain  in  full  force. 

No.  549.    Assignee's  Notice  to  Creditors. 
[Title  of  Court  and  Cause.] 

No  I  ice   is  hereby  given  that  on  the  day  of  ,  191 — , 

made  an  assignment  to  the  sheriff  of  county,  state  of  ,  for 

the  benefit  of  creditors  of  the  assignor;  that  on  the  day  of  , 

191 — ,  at  a  meeting  of  the  creditors  of  the  said ,  held  at  said  sheriff's 

office,  in  the  county  of ,  state  aforesaid,  the  undersigned  was  elected 

assignee  of  the  said ;  that  on  the day  of ,  191 — ,  the  said 

sheriff,  by  transfer  acknowledged  as  required  by  law,  transferred  all 
of  the  property  so  assigned  to  him  to  the  undersigned  as  assignee  of 

the  property  of  said  ,  upon  the  trusts  provided  by  law;  and  that 

both  such  acknowledgment  and  transfer  have  been  recorded. 

Notice  is  further  given  to  the  creditors  of  and  all  persons  having 
claims  against  the  said  assignor  to  exhibit  such  claims,  with  the  neces- 
sary vou(.'hers,  verified  by  the  oath  of  the  creditor,  to  the  said  assignee, 
at  ,  which  said  place  is  the  of  the  said  assignee. 

Dated    [etc.].  [Official   signature.] 

NOTE. — A  copy  of  this  notice  is  to  be  mailed  to  each  creditor  whose  name 
is  given  in  the  instrument  of  assignment,  at  the  address  therein  given. 


Forms  550-552  Cowdery's  Form  Book.  190 

JTo.  550.    Affidavit  of  Publication  of  Notice  to  Creditors. 

[Title  of  Court  and  Cause.] 
State  of  , 


County  of ,  ss. 

,  of  said  county  and  state,  being  sworn,  says  that  be  is,  and  at 

all  times  embraced  in  the  publication  herein  mentioned  was,  the  prin- 
cipal clerk  of  the  printers  and  publishers  of  ,  a  newspaper  printed 

and  published  weekly  in  said  county; 

That  deponent,  as  such  clerk,  during  all  times  mentioned  in  this 
affidavit,  has  had,  and  still  has,  charge  of  all  the  advertisements  in 
said  nevrspaper;  and 

That  a  notice  to  creditors,  of  which  the  annexed  is  a  true  printed 
^'opy,  was  published  in  the  above-named  newspaper  on  the  following 

dates,  to  wit,  ,  being  for  a  period  of  once  a  week  for  four  (4) 

weeks;  and  further  deponent  saith  not. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — A  copy  of  the  notice  and  the  aflSdavit  of  publication  must  be  filed 
as  required. 

No.  551.    Affidavit  of  Mailing  Notice  to  Creditors. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of ,  ss. 

,  being  sworn,  says    that  on  the  day  of    ,  191 — ,  he 

addressed  to  each  of  the  parties  herein  named,  at  their  respective 
places  of  residence,  as  shown  by  the  assignment  for  the  benefit  of  cred- 
itors now  on  file  in  the  above-entitled  matter,  to  wit: 

To  ,  residing  at  ; 

[Here   follow   blank   spaces   for  required   names]  ;   and   deposited   the 

same  in  sealed  envelopes  in  the  United  States  postoffice  at  ,  state 

of ,  postage  prepaid,  a  copy  of  the  notice  to  creditors  in  the  above- 
entitled  matter,  a  copy  of  which  notice  is  hereto  annexed,  said  mailing 
being  within  ten  (10)  days  after  the  first  publication  of  said  notice. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

I«fQTE. — A  copy  of  the  notice,  with  this  affidavit,  must  be  filed  as  pre- 
scribed by  the  statute. 

No.  552.    Complaint  by  Assignee  for  Benefit  of  Creditors. 
[Title  of  Court  and  Cause.] 

The  plaintiff,  as  assiaiiee  for  the  benefit  of  the  creditors  of  A.  B., 
complains  of  the  defendant  and  alleges: 

1.  [State  a  cause  of  action  accrued  to  the  assignor.] 


191  Assumpsit — Attachment. 

2.  That  on  the  ninth  day  of  Angust,  1917,  at  S.  F.,  the  said  A.  B. 
assigned  all  his  property,  including  the  said  claim  to  the  plaintiff  [i^ 
trust  for  the  purpose  of  paying  all  his  debts], 

[Demand  of  judgment.] 

ASSUIVIFSIT. 

8ee  Services  Kendered. 


ATTACHIVEENT. 

Seo  Execution. 

563.  Affidavit  for  attachrxient. 

564.  Affidavit  for  attachment  against  nonresident. 

565.  Attachment — Affidavit  for,  against  nonresident  for  Injnry  to  property. 
568.  Affidavit  for  attachment — New  Mexico. 

567.  Affidavit  for  attachment — Justice's  court — New  Mexico. 

568.  Undertaking  on  attachment — California. 

569.  Undertaking  on  attachment — Justice's  court. 

570.  Undertaking  for  attachment — Oregon. 

571.  Undertaking  for  attachment — Washington. 

572.  Bond  for  attachment — Arizona. 

573.  Bond  for  attachment — New  Mexico. 

574.  Bond  for  attachment — Justice's  court — New  Mexico. 

575.  Writ  of  attachment — California. 

576.  Writ  of  attachment — Justice's  court. 

577.  Writ  of  attachment — Arizona. 

578.  Writ  of  attachment — Hawaii. 

579.  Writ  of  attachment — New  Mexico. 

580.  Writ  of  attachment — Oregon  and  Alaska. 

581.  Writ  of  attachment — Washington. 

582.  Attachment — Certificate  to  be  attached  to  writ  of,  where  served  out  of 

county. 

583.  Undertaking  to  stay  levy  of  attachment. 

584.  Bond  to  prevent  levy  of  attachment — Nevada. 

585.  Attachment — Instructions  to  officer. 

586.  Notice  of  attachment. 

587.  Notice  of  attachment  of  stocks  or  shares. 

589.  Notice  of  attachment  by  publication— Wyoming, 

590.  Attachment — Officer's  return  of  levy  on  moneys  and  other  personal 

property. 

591.  Attachment — Officer's  return  of  levy  on  shares  in  corporation. 

592.  Certificate  of  levy  of  attachment — Colorado. 

593.  Bond  for  release  of  attached  property. 

595.  Bond  on  release  of  attachment — Colorado. 

596.  Bond  on  release  of  attachment — Justice's   court — Nevada. 

597.  Undertaking  on  release  of  attachment — Justice's  court 

598.  Undertaking  for  release  or  discharge  of  attachment — Oregon. 

599.  Undertaking  for  release  or  discharge  of  attachment — Washington. 

600.  Release  of  real  property  from  attachment, 

601.  Affidavit  for  garnishment. 

602.  Bond  in  garnishment. 

603.  Garnishment  summons — Colorado. 

604.  Garnishment  summons — Justice's  court — North  Dakota. 

605.  Garnishment  summons — North  Dakota. 

606.  Garnishment  summons — Justice  of  the  peace — Washington. 


Form  563  Cowdeby's  Form  Book.  192 

607.  Writ  of  garnisliment — New  Mexico. 

608.  Writ  of  garnishment — Superior  court — Washington. 

609.  Writ  of  garnishment — Onstice  of  the  peace — Washington, 

610.  Garnishment — Citation  to  garnishee. 

611.  Garnishment — Certiucate  by  garnishee. 

612.  Ganiishmcnt — Affidavit,  by  garnishee,  denying  liability. 

613.  Garnishment — Affidavit,  by  garnishee,  for  discontinuance  as  to  him. 

614.  Garnishment — Interrogatories,  answer  and  oath. 

615.  Return  on  attachment  of  personalty — Justice's  court. 

616.  Return  of  attachment  or  execution  showing  levy  on  credits,  etc. — Jus- 

tice's court. 

617.  Return  on  attachment,  or  execution  showing  levy  on  shares  in  corpora- 

tion— Justice's  court. 

618.  Complaint  by  sheriff  in  aid  of  attachment. 

619.  Complaint  on  undertaking  on  attachment. 

620.  Notice  to  sheriff  of  release  of  attachment. 

621.  Instructions  to  sheriff  to  release, 

CROSS-REFERENCEa 

Attachment  for  Defaulting  Witness,  No.  1123. 

No.  563.    Affidavit  for  Attachment. 

[Title  of  Court  and  Cause.] 

State  of  California, 
County  of  San  Mateo, — ss. 

J.  D.,  being:  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above- 
entitled  action;  that  the  defendant  in  the  said  action  is  indebted  to 
the  said  plaintiff  in  the  sum  of  five  hundred  (500)  dollars,  gold  coin 
of  the  United  States,  over  and  above  all  legal  setoffs  and  counterclaims, 
upon  an  express  contract  for  the  direct  payment  of  money,  to  wit:  a 
certain  promissory  note,  given  for  the  sum  of  five  hundred  dollars. 
United  States  gold  coin,  with  interest  thereon  at  the  rate  of  one  per 
cent  per  month,  and  that  such  contract  was  made  and  is  payable  in 
this  state,  and  that  the  payment  of  the  same  has  not  been  secured  by 
any  mortgage  or  lien  upon  real  or  personal  property,  or  any  pledge  upon 
personal  property.  [If  the  debt  has  been  secured,  then  say  that  the 
security,  describing  it,  has,  vrithout  any  act  of  plaintiff,  or  the  person 
to  whom  the  security  was  given,  become  valueless.] 

That  the  said  attachment  is  not  sought  and  the  said  action  is  not 
prosecuted  to  hinder,  delay,  or  defraud  any  creditor  of  the  said  de- 
fendant. [Sigiiatures.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE. — In  California,  the  plaintiff,  at  any  time  after  issuing  the  sum- 
mons, may  have  the  property  of  the  defendant  attached,  as  security  for  the 
satisfaction  of  any  judgment  that  may  be  recovered,  unless  the  defendant 
give  security  to  pay  such  judgment,  in  the  following  cases:  1.  In  an  action 
upon  a  contract,  express  or  implied,  for  the  direct  payment  of  money,  where 
the  contract  is  made  or  is  payable  in  this  state,  and  is  not  secured  by  any 
mortgage  or  lien  upon  real  or  personal  property,  or  any  pledge  of  personal 
property,  or,  if  originally  bo  secured,  such  security  has,  without  any  act  of 
the  plaintiff,  or  the  person  to  whom  the  security  was  given,  become  value- 
less; 2.  In  an  action  upon  a  contract,  express  or  implied,  against  a  defendant 
not  residing  in  this  state:   California,   Code   Civ.   Proc,  sees.  537,   538. 


193  Attachment.  Forms  564, 565 

Alnska,  Comp.  Laws  1913,  sec.  968;  Arizona,  "Rev.  Stats.  (Civ.  Code 
1913),  sec.  1394;  California,  Code  Civ.  Proc,  sees.  537,  538;  Colorado,  Mill's 
Ann.  Code,  1912,  sec.  91  et  seq.;  Hawaii,  Eev.  Code  1915,  sec.  2782;  Idaho, 
Rev.  Codes  1907,  sec.  4303;  Kansas,  Gen.  Stats.  1915,  sec.  7114;  Montana. 
Rev.  Codes  1907,  sees.  6657,  6658;  Nebraska,  Eev.  Code  1913,  sees.  7733, 
8370;  Nevada,  Eev.  Laws  1912,  sec.  5148;  New  Mexico,  Stats.  Ann.  1915, 
sees.  4316,  3281;  North  Dakota,  Comp.  Laws  1913,  sec.  7541;  Oklahoma, 
Harris  &  Day's  Code  1910,  see.  4813;  Oregon,  Lord's  Oregon  Laws,  sec.  296; 
South  Dakota,  Comp.  Laws  1913,  sees.  4995,  6067;  Utah,  Comp.  Laws  1907. 
sees.  30GG,  3702;  Washington,  Eem.  Code,  sec.  648;  Wyoming,  Comp.  Stats. 
1910,    sees.   4848,   5315. 

No.  564.    Af&davit  for  Attachment  Against  Nonresident. 

[Title  of  Court  and  Cause.] 

State  of  California, 
County  of  Santa  Cruz. — ss. 

J.  D.,  being  duly  sworn,  says,  that  he  is  the  plaintiff  in  the  ahove- 
entitled  action ;  that  the  defendant  in  the  said  action  is  indebted  to  the 
said  plaintiff  in  the  sum  of  four  hundred  and  fifty  dollars,  gold  coin  of 
the  United  States  (upon  an  express  contract  for  the  direct  payment  of 
money,  to  wit:  for  goods  sold  and  delivered  to  defendant),  over  and 
above  all  legal  setoffs  or  counterclaims,  and  that  the  said  defendant  is 
a  nonresident  of  this  state. 

That  the  said  attachment  is  not  sought,  and  the  said  action  is  no- 
prosecuted  to  hinder,  delay  or  defraud  any  creditor  of  the  said  de- 
fendant. 

Subscribed  and  sworn  to  [etc.]. 

[Signature.] 

No.  565.    Attachment^Afadavit  for,  Against  Nonresident  for  Injury  to 
Property. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above- 
entitled  action;  that  plaintiff's  cause  of  action  against  the  defendant 

herein  is  one  to  recover  the  sum  of  dollars   ($ ),  as  damages 

arising  from  an  injury  to  property  in  this  state  in  consequence  of  the 
negligence  of  the  defendant,  to  wit,  damages  for  an  injury  to  the  vehicle 
and  clothing  of  the  plaintiff  in  this  state,  occasioned  by  the  negligent 
driving  of  a  vehicle  in  the  possession  of  and  driven  by  the  defendant; 

that  the  defendant  resides  in  the  state  of ,  and  is  a  nonresident  of 

the  state  of ;  and  that  the  attachment  is  not  sought,  and  the  action 

is  not  prosecuted,  to  hinder,  delay,  or  defraud  any  creditor  of  the 
defendant. 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

Form  Book — 18 


Forms  566-568  Cowdery's  Form  Book.  194 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  967;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sec.  1394;  California,  Code  Civ.  Proc,  sec.  538,  866;  Colorado, 
Mill's  Ann.  Stats.  1912,  sec.  4329;  Hawaii,  Eev.  Code  1915,  sec.  2782;  Idaho, 
Eev.  Codes  1907,  sees.  4303,  4686;  Kansas,  Gen.  Stats.  1915,  sec.  7114;  Mon- 
tana, Rev.  Codes  1907,  sees.  6657-7026;  Nebraska,  Rev.  Code  1913,  sees.  7733, 
8370;  Nevada,  Eev.  Laws  1912,  sec.  5148;  New  Mexico,  Stats.  Ann.  1915, 
sees.  4317,  3281;  North  Dakota,  Comp.  Laws  1913,  see.  7541;  Oklahoma, 
Harris  &  Day's  Code  1910,  see.  4813;  Oregon,  Lord's  Oregon  Laws,  sec.  296; 
South  Dakota,  Comp.  Laws  1913,  sees.  4995,  6067;  Utah,  Comp.  Laws  1907, 
sees.  3006,  3702;  Washington,  Rem.  Code,  see.  648;  Wyoming,  Comp.  Stats. 
1910,  sees.  4848,  5315. 

No.  566.    Affidavit  for  Attachment— New  Mexico. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

This  day  personally  appeared  before  me,  the  undersigned,  clerk  of 

the  court,  ,  and,  being  duly  sworn,  says  that  is  justly 

indebted  to  said in  the  sum  of dollars  ($ ),  after  allowing 

all  just  offsets,  and  that  the  said is . 


Subscribed  and  sworn  to  [etc.]. 

NOTE.— New  Mexico,  Stats.  Ann.  1915,  see.  4317. 


[Signature.] 
. .  Clerk. 


No.  567.    Affidavit  for  Attackment— Justice's  Court— New  Mexico. 
[Title  of  Court  and  Cause.] 
State  of  New  Mexico, 
County  of ,  ss. 

,  being  duly  sworn,  says  that is  justly  indebted  to  him,  after 

allowing  just  credits  and  setoffs  in  the  sura  of  dollars   (■$ ), 

which  indebtedness  accnied  on  account  of  a  promissory  note  made  by 

the  said to  ,  on  which  there  now  remains  d  le  and  unpaid  the 

said  sum  of  dollars   ($ ),  as  above  stated.     And  this  affiant 

further  states  that  he  has  good  reason  to  believe,  and  does  believe,  that 

said  defendant  is  not  an  inhabitant  of  the  territory  of  . 

[Signature.] 

Sworn  to  and  subscribed  before  me  this  day  of  ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— New  Mexico,  Stats.  Ann.  1915,  see.  3281. 

No.  568.    Undertaking  on  Attachment— Calif ornia. 
[Title  of  Court  and  Cause.] 

Whereas,  in  the  above-entitled  action,  an  attachment  against  the  prop- 
erty of  the  defendant  above  named  has  been  demanded  and  is  about  to 
issue : 

Now  therefore  we,  the  undersigned, ,  as  principal,  and  and 

— — ,  as  sureties,  do  jointly  and  severally  undertake,  on  the  part  of  the 


195  Attachment.  Form  569 

plaintiff,  in  the  sum  of  dollars  ($ ),  and  promise  to  the  effect 

that  if  the  defendant  recovers  judgment  the  plaintiff  will  pay  all  costs 
that  may  be  awarded  to  the  defendant,  and  all  damages  which  he  may 
sustain  by  reason  of  the  attachment,  not  exceeding  the  sum  of dol- 
lars  ($ )   above  specified;  and  that  if  the  attachment  is  discharged 

on  the  ground  that  the  plaintiff  was  not  entitled  thereto  under  section 
five  hundred  and  thirty-seven  of  the  Code  of  Civil  Procedure,  the  plain- 
tiff will  pay  all  damages  which  the  defendant  may  have  sustained  by 

reason  of  the  attachment,  not  exceeding  the  sum  of dollars  ($ ) 

above  specified  in  this  undertaking. 

Witness  our  hands  and  seals  this day  of  ,  191 — . 

[Justification.]  [Signatures.] 

Approved  by  me  this  day  of ,  191 — . 

[Signature.] 

NOTE. — The  undertaking,  in  a  justice's  court,  must  have  two  or  more 
sufficient  sureties,  and  be  in  a  sum  not  less  than  fifty  (50)  nor  more  than 
three  hundred  dollars  ($300).  In  the  superior  court,  it  must  be  in  a  sum 
not  less  than  two  hundred  dollars  ($200),  and  not  exceeding  the  amount 
claimed  by  the  plaintiff:  Alaska,  Comp.  Laws  1913,  sec.  969;  Arizona,  Rev. 
Stats.  (Giv.  Code  1913),  sec.  1399;  California,  Code  Civ.  Proc,  sees.  539, 
867;  Colorado,  Mill's  Ann.  Code,  1912,  see.  95;  Hawaii,  Rev.  Code  1915, 
sees.  2348,  2783;  Idaho,  Rev.  Codes  1907,  sees.  4304,  4687;  Kansas,  Gen.  Stats. 
1915,  sec.  7084;  Montana,  Rev.  Codes  1907,  sees.  6659,  7027;  Nebraska,  Rev. 
Code  1913,  sees.  7732,  8371;  Nevada,  Rev.  Laws,  1912,  sec.  5149;  New  Mexico, 
Stats.  Ann.  1915,  sees.  3281,  4318;  North  Dakota,  Comp.  Laws  1913,  sec. 
7542;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  4814;  Oregon,  Lord's  Oregon 
Laws,  sec.  297;  South  Dakota,  Comp.  Laws  1913,  sees.  4996,  6068;  Utah, 
Comp.  Laws  1907,  sec.  3067;  Washington,  Rem.  Code,  sees.  652,  681;  Wyo- 
ming, Comp.  Stats.  1910,  sees.  4849,  5316. 

The  defendant  may,  within  five  days,  or  other  time  prescribed  by  statute, 
except  to  the  sufficiency  of  the  sureties;  but  if  he  fails  to  do  so,  he  is  deemed 
to  have  waived  all  objections  to  them. 

No.  569.    Undertaking  on  Attaclunent — Justice's  Court. 
[Title  of  Court  and  Cause.] 

Whereas,  the  above-named  plaintiffs  have  commenced,  or  are  about 
to  commence  an  action  in  the  justice's  court  of  the  first  township,  in 
the  county  of  Solano,  state  of  California,  against  the  above-named  de- 
fendant, upon  a  contract  for  the  direct  payment  of  money,  claiming 
that  there  is  due  to  the  said  plaintiffs,  from  the  said  defendant,  the  sum 
of  two  hundred  dollars,  gold  coin,  of  the  United  States,  besides  interest, 
and  an  attachment  against  the  property  of  the  said  defendant,  as  security 
for  the  satisfaction  of  any  judgment  that  may  be  recovered  therein,  has 
been  demanded  by  said  plaintiffs. 

Now,  therefore,  we,  the  undersigned,  residents  of  the  county  of  Solano, 
in  consideration  of  the  premises,  and  of  the  issuing  of  said  attachment, 
do  jointly  and  severally  undertake,  in  the  sum  of  three  hundred  dollars, 
gold  coin,  and  promise  to  the  effect  that  if  the  said  defendant  recovers 
judgment  in  said  action,  the  said  plaintiffs  will  pay  all  costs  that  may  be 


Forms  570-572  Cowdery's  Form  Book.  196 

awarded  to  the  said  defendant,  and  all  damages  which  he  may  sustain 
by  reason  of  the  said  attachment,  not  exceeding  the  sum  of  three  hun- 
dred dollars. 

[Justification.]  [Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  867. 

No.  570.    Undertaking  for  Attachment — Oregon. 

[Title  of  Court  and  Cause.] 

Whereas  the  above-named  plaintiff,  ,  has  filed  an  affidavit  for  a 

writ  of  attachment  in  the  above-entitled  action  against  the  personal 
property  of  the  above-named  defendant,  : 

We, ,  plaintiff,  and ,  surety,  hereby  undertake  to  pay  all  costs 

that  may  be  adjudged  to  the  defendant,  and  all  damages  which  he  may 
sustain  by  reason  of  such  attachment,  if  the  same  be  wrongful  or  with- 
out sufficient  cause,  not  exceeding  the  sum  of  dollars  ($ ). 

Dated  this  day  of ,  191 — . 


[Signatures.] 


NOTE.— See  Lord's  Oregon  Laws,  sec.  297. 


No.  571.    Undertaking  for  Attachment — Washington. 
[Title  of  Court  and  Cause.] 

Whereas  an  application  has  been  made  by  ,  plaintiff,  to  , 

one  of  the  justices  of  the  peace  in  and  for  county,  for  a  writ  of 

attachment  against  the  personal  property  of ,  defendant : 

Now  therefore  we,  ,  plaintiff,  and  ,  acknowledge  ourselves 

bound  to  ,  in  the  sum  of  dollars  ($ ),  that  if  the  defend- 
ant recover  judgment  in  this  action  the  plaintiff  will  pay  all  costs  that 
may  be  awarded  to  the  defendant,  and  all  damages  which  he  may  sustain 

by  reason  of  the  said  attachment,  and  not  exceeding  the  sum  of  

dollars  ($ ). 

Dated  this  day  of ,  191 — . 

[Signatures.] 

NOTE.— See  Wash.  Rem.  Code,  sec.  1890. 

No.  572.    Bond  for  Attachment — Arizona. 

[Title  of  Court  and  Cause.] 

Territory  of  , 

County  of  ,  ss. 

We,  the  undersigned, ,  as  principal,  and  and  ,  as  sure- 
ties, acknowledge  ourselves  bound  to  pay  to  the  sum  of dol- 
lars ($ ),  conditioned  that  the  above-named ,  plaintiff  in  attach- 

'jient,  against ,  defendant,  will  prosecute  his  said  suit  to  effect,  and 


197  Attachment.  Forms  573, 574 

that  he  will  pay  all  such  damages  and  costs  as  shall  be  adjudged  against 
him  for  wrongfully  suing  out  such  attachment. 

Witness  our  hands  this  day  of ,  191 — . 

[Signatures.] 

Approved  by  me  this  day  of ,  191 — . 


NOTE.— Arizona,  Rev.  Stats.  1913,  par.  1399. 


[Signature.] 


No.  573.    Bond  for  Attachment — New  Mexico. 
[Title  of  Court  and  Cause.] 

Know  all  men  by  these  presents  that  we,  ,  principal,  and  

and  ,  his  sureties,  are  held  and  firmly  bound  unto  the  territory  of 

,  in  the  sum  of dollars  ($ ),  for  the  payment  of  which  well 

and  truly  to  be  made  we  bind  ourselves,  our  heirs,  executors,  and  admin- 
istrators, firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this day  of ,  191 — . 

The  condition  of  the  above  obligation  is  such  that  whereas  the  above- 
named  has  this  day  sued  out  an  attachment  before  ,  clerk  of 

the ,  against  ,  for  the  sum  of dollars  ($ ),  in  the 

court  for  the  county  of : 

Now  if  the  said  shall  prosecute  his  said  action  without  delay, 

and  with  effect,  and  refund  all  sums  of  money  that  may  be  adjudged 
to  be  refunded  to  the  defendant,  and  pay  all  damages  that  may  accrue 
to  any  defendant  or  garnishee  by  reason  of  said  attachment,  or  any 
process  of  judgment  thereon,  then  this  obligation  to  be  null  and  void ; 
otherwise,  to  remain  in  full  force  and  effect. 

[Signatures  and  seals.] 

NOTE.— New  Mexico,  Stats.  Ann.  1915,  sec.  4318. 

No.  574.    Bond  for  Attachment — Justice's  Court — New  Mexico. 

[Title  of  Court  and  Cause.] 

Know  all  men  by  these  presents  that  we,  ,  as  principal,  and 

and ,  as  sureties,  are  held  and  firmly  bound  to  the  territory  of 

in  the  sum  of  dollars  ($ ),  for  the  payment  of  which  we  bind 

ourselves  and  our  heirs,  executors,  and  administrators  firmly  by  these 
presents. 

Sealed  with  our  seals,  and  dated  this  day  of ,  191 — . 

The  condition  of  the  above  obligation  is  such  that  whereas  ,  as 

plaintiff,  is  about  to  institute  a  suit  before ,  a  justice  of  the  peace 

within  and  for  the precinct  in  county,  by  attachment  against 

,  as  defendant,  returnable  on  the  day  of  ,  191 — ,  for  the 

sum  of  dollars  ($ )  and cents: 

Now  if  the  plaintiff  shall  prosecute  his  action  without  dclaj',  and 
with  effect,  and  shall  pay  and  refund  all  sums  of  money  that  may  be 
adjudged  to  be  refunded  to  the  said  defendant,  or  found  to  have  been 


Forms  575,  b76  Cowdery's  Form  Book.  198 

received  by  the  said  plaintiff,  and  not  justly  due  him,  and  moreover  shall 
pay  all  damages  which  may  accrue  to  ,  said  defendant,  or  any  gar- 
nishee, by  reason  of  this  attachment  or  any  process  or  proceeding  in  said 
suit,  or  by  reason  of  any  judgment  or  process  thereon,  then  this  obliga 
tion  to  be  void;  otherwise,  to  remain  in  full  force. 

[Signatures.] 

Approved  by  me  this day  of  ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— New  Mexico,  Stats.  Ann.  1915,  sec.  3281. 

No.  575.    Writ  of  Attachmen1>-Califomia, 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of to  the  Sheriff  of  the  County  of , 

Greeting : 

You  are  hereby  commanded  to  attach  and  safely  keep  all  the  property 
of  the  above-named  defendant  in  this  county  not  exempt  from  execution, 
or  so  much  thereof  as  may  be  sufficient  to  satisfy  the  plaintiff's  demand, 

to  wit, dollars  ($ ),  current  lawful  money  of  the  United  States 

of  America,  besides  the  costs,  unless  the  said  defendant  shall  give  you 
security  by  the  undertaking  of  two  sufficient  sureties,  in  an  amount  suffi- 
cient to  satisfy  said  demand,  besides  costs,  or  in  an  amount  equal  to  the 
value  of  the  property  which  "has  been,  or  is  about  to  be,  attached,"  in 
which  case  you  will  take  such  undertaking,  and  hereof  make  due  and 
legal  service  and  return. 

Attest  my  hand  and  the  seal  of  said  court  this day  of ,  191 — . 

[Seal]  [Official  signature.] 

NOTE. — Omit  all  reference  to  seal  where  the  writ  is  issued  by  a  justice 
of  the  peace:  Alaska,  Comp.  Laws  1913,  sec.  970;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sec.  1403;  California,  Code  Civ.  Proc,  sees.  540,  868;  Colorado, 
Code  1913),  sec.  1403;  California,  Code  Civ.  Proc,  sees.  540,  868;  Hawaii, 
Rev.  Code  1915,  sec.  2782;  Idaho,  Rev.  Codes  1907,  sees.  4305,  4688;  Montana, 
Rev.  Codes  1907,  sees.  6660,  7028;  Nebraska,  Rev.  Code  1913,  sees.  7735, 
8372;  Nevada,  Rev.  Laws  1912,  sees.  5172,  5751;  New  Mexico,  Stats.  Ann. 
1915,  sees.  3243,  32S1,  4308;  North  Dakota,  Comp.  Laws  1913,  sees.  7540- 
7542;  Oregon,  Lord's  Oregon  Laws,  sees.  296,  298;  South  Dakota,  Comp. 
Laws  1913,  sees.  4997,  6069;  Utah,  Comp.  Laws  1907,  sees.  3069.  3704; 
Washington,  Rem.  Code,  sec.  655;  Wyoming,  Comp.  Stats.  1910,  sees.  4850, 
5342. 

No.  576.    Writ  of  Attachment — Justice's  Court. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  the  Sheriff  or  Any  Constable 
of  the  County  of  Sacramento,  Greeting: 
You  are  hereby  commanded  to  attach  and  safely  keep  all  the  prop- 
erty of  the  above-named  defendant  in  this  county,  not  exempt  from  exe- 
cution, or  so  much  thereof  as  may  be  sufficient  to  satisfy  the  plaintiff's 
demand,  to  wit,  twcntj^-eight  dollars  and  fifty  cents,  gold  coin  of  the 


199  Attachment.  Forms  577, 578 

United  States,  besides  the  costs,  unless  the  said  defendant  shall  give 
you  security  by  the  undertaking  of  two  sufficient  sureties,  in  an  amount 
sufficient  to  satisfy  said  demand,  besides  costs,  in  which  case  you  will 
take  such  undertaking. 

Make  due  return  thereof, 

Dated  . 

,  Justice  of  the  Peace. 

NOTE. — The  writ  is  directed  to  the  sheriff  or  any  constable  of  the  county, 
or  the  sheriff  of  any  other  county,  and  must  require  him  to  attach  and  safely 
keep  all  the  property  of  the  defendant  within  his  county  not  exempt  from 
execution,  or  so  much  thereof  as  may  be  sufficient  to  satisfy  the  plaintiff's 
demand,  the  amount  of  which  must  be  stated  in  conformity  with  the  com- 
plaint, unless  the  defendant  give  him  security,  by  the  undertaking  of  two 
sufl5cient  sureties,  in  an  amount  sufficient  to  satisfy  such  demand,  besides 
costs;  in  which  case,  to  take  such  undertaking:  California,  Code  Civ.  Proc, 
sec.  868. 

No.  577.    Writ  of  Attaclunent— Arizona. 
[Title  of  Court  and  Cause.] 

Territory  of  . 

To  the  Sheriff  or  Any  Constable  of  County,  Greeting: 

We  command  you  that  you  attach  forthwith  so  much  of  the  property 

of ,  if  to  be  found  in  your  county,  as  shall  be  of  value  sufficient  to 

make  the  sum  of  dollars  ($ ),  and  the  probable  costs  of  suit, 

to  satisfy  the  demand  of  ,  and  that  you  keep  and  secure  in  your 

hands  the  property  so  attached,  unless  replevied,  tliat  the  same  may  be 
liable  to  further  proceedings  thereon,  to  be  had  before  the  court;  and 
that  you  make  return  of  this  writ  showing  how  you  have  executed  the 
same. 

Witness  my  hand  and  the  seal  of  said  court  this  day  of  , 

19—. 

[Seal]  [Official  signature.] 

NOTE.— Arizona,  Eev.  Stats.  1913,  pars.  1403,  1404. 

Omit  all  reference  to  seal,  if  the  writ  is  issued  by  a  justice  of  the  peace. 

Several  writs  of  attachment  may,  at  the  option  of  the  plaintiff,  be  issued 
at  the  same  time  or  in  succession,  and  sent  to  different  counties,  until  suflS- 
eient  property  shall  be  attached  to  satisfy  the  writ. 

No.  578.    Writ  of  Attachment — Hawaii. 
[Title  of  Court  and  Cause.] 

To  Any  Police  Officer  of  the  District  of ,  Island  of ,  Territory 

of  Hawaii. 
You  are  hereby  commanded  to  attach  and  safely  keep  the  property 

of  ,  if  any  can  be  found  w^itliin  this  district,  subject  to  the  order 

of  this  court,  at  the  sworn  information  and  suit  of  ,  plaintiif,  to 

answer  to  a  debt  alleged  to  be  due  him  from  the  said ,  and,  having 

so  attached,  you  are  further  commanded  to  summon  the  said  ,  if 


Forms  579, 580  Cowdery's  Form  Book.  200 

he  can  be  found  in  this  district,  to  appear  and  answer  the  complaint 

and  demand  of  said  plaintiff  before  me  at ,  on  the day  of , 

191—,  and  then  and  there  show  cause,  if  any  he  has,  why  judgment 
should  not  be  rendered  against  him,  an^  the  property  attached  be  sub- 
jected to  execution,  levy,  and  sale  for  the  payment  of  said  demand, 
interest,  and  costs. 

Notify  the  said that  upon  default  to  attend  at  the  time  and  place 

above  mentioned  judgment  will  be  rendered  against  him  ex  parte  by 
default. 

Given  under  my  hand  this  day  of ,  191 — . 

[Official  signature.] 

NOTE.— See  Hawaii,  Eev.  Code  1915,  sec.  2782. 

No.  579.    Writ  of  Attachment— New  Mexico. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 

The  State  of to  the  Constable  of  Precinct,  in  the  County  of 

,  Greeting: 

You  are  commanded  to  attach  ,  all  and  singular,  his  goods  and 

chattels,  moneys,   credits,   and   effects,  or  so  much  thereof  as  shall  be 

sufficient  to  satisfy  the  sum  of  dollars  ($ ),  with  interest  and 

costs  of  suit,  in  whosesoever  hands  or  possession  the  same  may  be  found 

in  your  township,  so  that  he  be  and  appear  before  me,  ,  a  justice 

of  the  peace  within  and  for  said  precinct  and  county,  at  my  office  in 

said  precinct,  on  the day  of ,  191—,  to  answer of  a  plea 

of  ,  and  that  you  summon  the  said  to  appear  before  me,  the 

said  justice  of  the  peace,  at  the  time  and  place  aforesaid,  to  answer  the 
action  of  the  said  plaintiff.  And  also  that  you  summon  as  garnishees 
all  such  persons  found  in  your  precinct  as  may  be  directed  by  the  plain- 
tiff or  his  agent,  to  appear  before  me,  the  said  justice  of  the  peace,  at 
the  time  and  place  aforesaid,  to  answer  such  interrogatories  as  the  said 
justice  may  propound ;  and  have  you  there  this  writ. 

Witness  my  hand  this day  of ,  191 — . 

,  J.  P. 

Summon  as  garnishees. 

,  Justice  of  the  Peace. 

NOTE.— See  N.  M.  Stats.  Ann.  1915,  sees.  3243,  3281,  3289,  3372,  4308. 

No.  580.    Writ  of  Attachment — Oregon  and  Alaska. 
[Title  of  Court  and  Cause.] 

To  the   Sheriif  of  Such   County,  or  Any   Constable  of  Any  Precinct 
Therein,  Greeting: 

In  the  name  of  the  state  of  ,  you  are  hereby  commanded  that 

of  the  personal  property  within  your  county  or  precinct  of  the  above- 


201  Attachment.  Forms  581, 582 

named  defendant,  ,  excepting  such  as  the  law  exempts,  you  attach 

and  safely  keep  as  by  law  directed  so  much  thereof  as  may  he  sufficient 
to  satisfy  the  demand  of  the  above-named  plaintiff,  namely,  the  sum 

of  dollars    ($ ),  together  with  the  costs  and  expenses  of  the 

action ;  and  of  this  writ  make  legal  service  and  due  return  to  me. 

Given  under  my  hand  this day  of ,  191 — . 

,  Justice  of  the  Peace. 

No.  581.    Writ  of  Attachment— Washington. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 


To  the  Sheriff  or  Any  Constable  of  said  County. 

In  the  name  of  the  state  of  ,  you  are  commanded  to  attach  and 

safely  keep  the  goods  and  chattels,  moneys,  effects,  and  credits  of  — — , 
excepting  such  as  the  law  exempts,  or  so  much  thereof  as  shall  satisfy 
the  sum  of dollars  ($ ),  with  interest  and  costs  of  suit,  in  whose- 
soever hands  or  possession  the  same  may  be  found  in  your  county,  and 
to  provide  that  the  goods  and  chattels  so  attached  may  be  subject  to 
further  proceeding  thereon  as  the  law  requires;  and  of  this  writ  make 
legal  service  and  due  return. 

Given  under  my  hand  this  day  of ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Wash.,  Rem.  Code,  sees.  655,  1890. 

No.  582.    Attachmenl^-Certificate  to  be  Attached  to  Writ  of,  Where 
Served  Out  of  County. 

State  of , 

County  of ,  ss. 

I,  ,  clerk  of  the  county  of  ,  state  of  ,  hereby  certify 

tliat  ,  the  person  who  issued,  and  whose  name  is  signed  to,  the 

within  writ  of  attachment,  was  an  acting  justice  of  the  peace  of  said 
county  of  ,  at  the  date  of  said  writ. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  oflBcial 
seal  this day  of ,  191 — . 

rgeal]  [Official  signature.] 

NOTE. — See  Cal.  Code  Civ.  Proc,  sec.  868. 

Where  a  writ  of  attachment,  issued  by  a  justice  of  the  peace,  is  to  be 
served  out  of  the  county  in  which  it  was  issued,  the  writ  of  attachment  shall 
have  attached  to  it  a  certificate  under  seal,  by  the  county  clerk  of  such 
county,  to  the  effect  that  the  person  issuing  the  same  was  an  acting  justice 
of  the  peace  of  said  county  at  the  date  of  the  writ:  See  Cal.  Code  Civ.  Proc, 
sec.  S&8. 


Forms  583, 584  Cowdery's  Form  Book.  202 

No.  583.    Undertaking  to  Stay  Levy  of  Attactment. 
[Title  of  Court  and  Cause.] 

Whereas,  the  plaintiff  in  the  above-entitled  cause  has  commenced  an 
action  in  the  aforesaid  court  against  the  above-named  defendant  for 
the  recovery  of  one  thousand  dollars,  gold  coin; 

And  whereas,  an  attachment  has  been  issued,  directed  to  P.  H.,  sheriff 
of  the  city  and  county  of  San  Francisco,  and  placed  in  his  hands  for 
execution,  whereby  he  is  commanded  to  attach  and  safely  keep  all  the 
property  of  the  said  defendant  within  his  county,  not  exempt  from  exe- 
cution, or  so  much  thereof  as  may  be  sufficient  to  satisfy  the  plaintiff's 
demand  therein  stated,  in  conformity  with  the  complaint,  at  one  thou- 
sand dollars,  gold  coin,  unless  the  defendant  give  him  security  by  the 
undertaking  of  at  least  two  sufficient  sureties,  in  an  amount  sufficient 
to  satisfy  said  demand,  besides  costs  [or  in  an  amount  equal  to  the 
value  of  the  property  which  has  been  or  is  about  to  be  attached],  in 
which  case  to  take  such  undertaking; 

And  whereas,  the  said  defendant,  C.  A.,  is  desirous  of  giving  the 
undertaking  mentioned  in  the  said  writ. 

Now,  therefore,  we,  the  undersigned,  residents  of  said  city  and  county, 
in  consideration  of  the  premises,  and  to  prevent  the  levy  of  said  attach- 
ment do  hereby  jointly  and  severally  undertake  in  the  sum  of  two  thou- 
sand dollars,  being  an  amount  sufficient  to  satisfy  plaintiff's  demand,  be- 
sides costs,  gold  coin  of  the  United  States,  and  promise  to  the  effect 
that  if  the  said  plaintiff  shall  recover  judgment  in  said  action,  we  will 
pay  to  the  said  plaintiff,  upon  demand,  the  amount  of  said  judgment 
together  with  the  costs,  not  exceeding  in  all  the  said  sum  of  one  thou- 
sand dollars,  gold  coin  of  the  United  States. 

[Justification.]  [Signatures.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  540,  868. 

The  above  undertaking  is  sometimes  called  a  "detention  bond,"  a  "return 
bond,"  or  a  "forthcoming  bond." 

No.  584.    Bond  to  Prevent  Levy  of  Attaclunent — Nevada. 
[Title  of  Court  and  Cause.] 

Whereas,  the  above-named  plaintiffs  have  commenced  an  action  in  the 
aforesaid  court  against  the  above-named  defendant;  and,  whereas,  an 
attachment  has  been  issued,  directed  to  Richard  Nash  .  .  .  whereby  he 
is  commanded  to  attach  and  safely  keep  all  the  property  of  said  defend- 
ant within  his  custody,  not  exempt  from  execution  .  .  .  unless  the  de- 
fendant give  him  security,  by  the  undertaking  of  at  least  two  sufficient 
sureties,  in  an  amount  sufficient  to  satisfy  said  demand,  besides  costs, 
in  which  case  to  take  such  undertaking;  and,  whereas,  the  said  defend- 
ant is  desirous  of  giving  the  undertaking  mentioned  in  said  writ. 

Now,  therefore,  we,  the  undersigned,  residents  of  the  county  of  Hum- 
boldt, state  of  Nevada,  in  consideration  of  the  premises  and  to  prevent 
the  levy  of  said  attachment,  do  hereby  jointly  and  severally  undertake, 


203  Attachment.  Forms  585, 586 

in  the  sum  of  two  thousand  five  hundred  dollars,  gold  coin  of  the  United 
States,  and  promise  to  the  effect  that  if  the  said  plaintiffs  shall  recover 
judgment  in  said  action  we  will  pay  the  said  plaintiffs,  upon  demand,  the 
amount  of  said  judgment,  together  with  costs,  not  to  exceed  in  all  the 
sum  of  two  thousand  five  hundied  dollars,  gold  coin  of  the  United  States. 
Dated  July  7,  1876. 

Alexander  Wise. 

N.  Levy. 

NOTE. — Precedent  in  Laveaga  v.  Wise,  13  Nev.  299. 

No.  585.    Attax:liment — Instructions  to  Officer. 

[Title  of  Court  and  Cause.] 

To ,  Sheriff  of  the  County  of ,  State  of 


By  authority  of  the  writ  of  attachment  issued  in  the  above-entitled 
action,  you  will  please  attach  and  safely  keep  all  of  the  following  de- 
scribed property,  namely:  . 

And  you  are  hereby  notified  that  ,  of ,  county  of ,  state 

of ,  whose  place  of  business  is  at  ,  and  whose  residence  is  at 

,  has  in  his  possession,  certain  credits  belonging  to  the  defendant, 

and  you  are  hereby  instructed  to  attach  the  same. 

Dated ,  191—. 

[Signature.] 

NOTE, — California,  Code  Civ.  Proc,  sec.  543j  Montana,  Eev.  Codes  1907, 
sec.  6666. 

No.  586.    Notice  of  Attaclunent. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice,  that  all  moneys,  goods,  credits,  effects, 
debts  due  or  owing,  and  all  other  personal  property,  in  your  possession, 
or  under  your  control,  belonging  to  the  defendant  named  in  the  writ, 
of  which  the  annexed  is  a  copy,  or  to  either  of  them,  are  attached  by 
virtue  of  said  writ ;  and  you  are  hereby  notified  not  to  pay  over  or  trans- 
fer the  same  to  anyone  but  myself.    Please  furnish  a  statement. 

Dated , 

[Signature.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  972;  Arizona,  Eev.  Stats.  (Civ. 
Code  1913),  sec.  1409;  California,  Code  Civ.  Proc,  sec.  543;  Colorado,  Mill's 
Ann.  Code  1912,  sec.  96;  Hawaii,  Rev.  Code,  1915,  sec.  2788;  Idaho,  Rev. 
Codes  1907,  sec.  4310a;  Montana,  Rev.  Codes  1907,  sec.  6662;  Nebraska,  Rev. 
Code,  1913,  sec.  7739;  Nevada,  Rev.  Laws  1912,  sec.  5150;  New  Mexico, 
Stats.  Ann.  1915,  sees.  3244,  4310;  North  Dakota,  Comp.  Laws  1913,  sec. 
7547;  Oregon,  Lord's  Oregon  Laws,  sec.  300;  South  Dakota,  Comp.  Laws 
1913,  see.  5004;   Wyoming,   Comp.   Stats.   1910,   sec.   4854. 


Forms  587-590  Cowdery's  Form  Book.  204 

No.  587.    notice  of  Attacliment  of  Stocks  or  Shares. 
[Title  of  Court  and  Cause.] 

To  ,  Secretary  of  the  Company. 

You  will  please  take  notice  that  all  stocks  or  shares,  or  interest  in 

stocks  or  shares,  of  the company,  in  your  possession  or  under  your 

control,  belonging  to  the  defendant  named  in  the  writ,  of  which  the 
annexed  is  a  copy,  or  to  either  of  them,  are  attached  by  virtue  of  said 
writ;  and  you  are  hereby  notified  not  to  transfer  or  deliver  over  the 
same  to  anyone  but  myself.     Please  furnish  a  statement. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  542;  Idaho.  Rev.  Codes  1907,  sec. 
4310a;  Montana,  Eev.  Codes  1907,  sec.  6666. 

No.  589.    Notice  of  Attacliment  by  Publication — Wyoming. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

To . 

You  are  hereby  notified  that  a  writ  of  attachment  has  been  issued 

against  you,  and  your  property  attached,  to  secure  the  demand  of , 

amounting  to  .  Now,  unless  you  shall  appear  before  ,  a  jus- 
tice of  the  peace  in  and  for  said  county,  at  his  office,  on  the  day 

of  ,  191 — ,  at  o'clock  in  the  forenoon,  judgment  will  be  ren- 
dered against  you,  and  your  property  sold  or  appropriated  for  the  debt. 

Dated  this  day  of  ,  191 — .  _.,  .   ,.„ 

^  '  ,  Plaintiff. 

No.  590.    Attachment — Officer's  Retnm  of  Levy  on  Moneys  and  Other 

Personal  Property. 
[Title  of  Court  and  Cause.] 

Office  of  the  Sheriff  of  the  County  of  , 

State  of  ,  ss. 

I  hereby  certify  that,  by  virtue  of  the  annexed  writ,  I  duly  attached 
all  moneys,  goods,  credits,  effects,  debts  due  or  owing,  and  all  other  per- 
sonal property  belonging  to  the  defendants  therein  named,  or  either  of 
them,  in  the  possession  or  under  the  control  of  the  parties  hereinafter 
named,  by  serving  upon  each  of  them  respectively,  personally,  in  the 

county  of ,  at  the  times  set  opposite  their  respective  names,  a  copy 

of  said  writ,  with  a  notice  in  writing  that  such  property  was  attached 
in  pui-suance  of  said  writ,  and  not  to  pay  over  or  transfer  the  said  prop- 
erty to  anyone  but  myself. 

Statements  demanded.     Answers  as  hereinafter  mentioned. 

Names.  Time  of  service.  Answers. 

. .  ,  191—. . 

.  .     ,  191—.  . 


Dated  [etc.]. 


[Official  signature.] 


205  Attachment.  Form  591 

NOTE.— Alnska,  Comp.  Laws  1913,  sec.  982;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sec.  1418;  California,  Code  Civ.  Proc,  sees.  541,  542;  Hawaii, 
Kev.  Code  1915,  sec.  2788;  Idaho,  Rev.  Codes  1907,  sec.  4307;  Kansas,  Gen. 
Stats.  1915,  sec.  7107;  Montana,  Rev.  Codes  1907,  sees.  6G61,  6662;  Nebraska, 
Rev.  Code  1913,  sees.  7739,  8392;  Nevada,  Rev.  Laws  1912,  sec.  5150;  New 
Mexico,  Stats.  Ann.  1915,  sees.  3244,  4257;  North  Dakota,  Comp.  Laws  1913, 
sec.  7547;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  4844;  Oregon,  Lord's 
Oregon  Laws,  sec.  313;  South  Dakota,  Comp.  Laws  1913,  sec.  4998  et  seq.; 
Utah,  Comp.  Laws  1907,  sees.  3073,  3705;  Washington,  Rem.  Code,  sec.  639; 
Wyoming,  Comp.  Stats.  1910,  sees.  4854,  4863,  5334. 

No.  591.    Attachment  —  Officer's  Eetum  of  Levy  on  Shares  in  Corpo- 
ration. 

[Title  of  Court  and  Cause.] 

Office  of  the  Sheriff  of  the  County  of  , 

State  of  ,  ss. 

I  hereby  certify  that,  by  virtue  of  the  annexed  writ,  I  duly  attached 
all  stock  or  shares,  or  interest  in  stock  or  shares,  of  the  hereinafter 
named  corporations,  belonging  to  the  defendants  named  in  said  writ, 
or  to  either  of  them,  by  serving  upon  each  of  the  hereinafter  named 

parties,  personally,  in  the  city  of ,  county  of ,  at  the  times  set 

opposite  their  respective  names,  a  copy  of  said  writ,  with  a  notice  in 
writing,  notifying  each  of  said  corporations  respectively  that  such  stock 
or  interest  of  said  defendants,  or  either  of  them,  was  attached,  and  not 
to  pay  over  or  transfer  the  same  to  anyone  but  myself. 

Statement  demanded.  The  answers  were  as  set  opposite  the  respective 
names  of  said  corporations. 

Names.  Time  of  service.  Answers. 

, ,  191—.  . 

.  ,  191—.  . 

Dated  [etc.]. 

[Official  signature.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  974;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sec.  1418;  California,  Code  Civ.  Proe.,  sec.  559;  Colorado,  Mill's 
Ann.  Stats.  1912,  sec.  4353;  Hawaii,  Rev.  Code  1915,  sec.  2788;  Idaho,  Rev. 
Codes  1907,  sec.  4307;  Kansas,  Gen.  Stats.  1915,  sec.  7091;  Montana,  Rev. 
Codes  1907,  sec.  6686;  Nebraska,  Rev.  Code  1913,  sees.  8060,  8061;  Nevadn, 
Rev.  Laws  1912,  sec.  5150;  New  Mexico,  Stats.  Ann.  1915,  sees.  977,  4327; 
North  Dakota,  Comp.  Laws  1913,  sec.  7547;  Oklahoma,  Harris  &  Day's  Code 
1910,  sec.  4844;  Oregon,  Lord's  Oregon  Laws,  sees.  299,  300;  South  Dakota. 
Comp.  Laws  1913,  sec.  5005;  Washington,  Rem.  Code,  sec.  676 j  Wyoming. 
Comp.  Stats,  1910,  sec.  4873. 


Forms  592, 593  Cowdery's  Form  Book.  206 

No.  592.    Certificate  of  Levy  of  Attaclinient— Colorado. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of ,  ss. 

I  hereby  certify  that,  by  virtue  of  a  certain  writ  of  attachment,  to 

me  directed  from  the  court  of  county,  in  favor  of  , 

against ,  dated  the day  of ,  191—,  I  did,  on  this day 

of  ,  191 — ,  levy  upon  the  following  real  estate,  namely:  . 

[Official  signature.] 

NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  sec.  4191. 

No.  593.    Bond  for  Release  of  Attached  Property. 
[Title  of  Court  and  Cause.] 

Wliereas  the  above-named  plaintiff  commenced  an  action  in  the  

court  of  the  county  of  ,  state  of  ,  against  the  above-named 

defendant,   claiming  that  there   was  due  to   said  plaintiff  from  said 

defendant  the  sum  of  dollars   ($ ),  current  lawful  money  of 

the  United  States  of  America,  besides  interest,  and  thereupon  an  at- 
tachment issued  against  the  property  of  said  defendant,  as  security  for 
the  satisfaction  of  any  judgment  that  might  be  recovered  therein,  and 
certain  property  and  effects  of  said  defendant  have  been  attached  and 

seized  by  the  sheriff  of  the  county  of ,  under  and  by  virtue  of  said 

writ;  and 

Whereas  the  defendant  has  appeared  in  the  said  action,  and  has 
applied  to  the  judge  of  said  court,  upon  reasonable  notice  to  said  plain- 
tiff, for  an  order  to  discharge  said  attachment: 

Now    therefore    we,    the    undersigned,    residents    and    householders 

within  the  said  state  of  ,  in  consideration  of  the  premises,  and  in 

consideration  of  the  release  from  attachment  of  all  of  the  property 
attached,  as  above  mentioned,  and  the  discharge  of  said  attachment,  do 

hereby  jointly  and  severally  undertake,   in  the  sum  of  dollars 

($ ),  current  lawful  money  of  the  United  States  of  America,  being 

the  amount  fixed  by  the  court,  and  promise  that,  in  case  the  said  plain- 
tiff recovers  judgment  in  said  action,  the  said  defendant  will,  on 
demand,  redeliver  such  attached  property  so  released  to  the  proper 
officer,  to  be  applied  to  the  payment  of  the  judgment,  or  that  in  de- 
fault thereof  the  said  defendant  and  sureties  will,  on  demand,  pay  to 
the  said  plaintiff  the  full  value  of  the  property  released,  not  exceeding 
the  amount  of  such  judgment. 

Dated  [etc.]. 

[Justification.]  [Signatures.] 

Approved  by  me  this day  of ,  191 — , 

[Signature.] 

NOTE— Alaska,  Comp.  Laws  1913,  sec.  982;  California,  Code  Civ.  Proc, 
sees.   555,   869;   Colorado,  Mill's   Ann.   Stats.   1912,   sec.   4351;   Hawaii,   Rev. 


207  Attachment.  Forms  595, 596 

Code  1915,  sec.  2796;  Idaho.  Eev.  Codes  1907,  sees.  4319,  4320;  Kansas,  Gen. 
Stats.  191.5,  sec.  7093;  Montana,  Rev.  Codes  1907,  sec.  6680;  Nebraska,  Rev. 
Code  1913,  sees.  7753,  8394;  Nevada,  Rev.  Laws  1912,  sec.  5161;  New  Mexico, 
Stats.  Ann.  1915,  sees.  4337,  4338,  3250,  3251;  North  Dakota,  Comp.  Laws 
1913,  sec.  7556;  Oregon,  Lord's  Oregon  Laws,  see.  311;  South  Dakota,  Comp. 
Laws  1913,  sec.  5010;  Utah,  Comp.  Laws  1907,  sees.  3085,  3705;  Washing- 
ton, Rem.  Code,  sees.  671,  689,  1831;  Wyoming,  Comp.  Stats,  1910,  sec.  4871. 

No.  595.    Bond  on  Release  of  Attachment — Colorado. 
[Title  of  Court  and  Cause.] 

Whereas,  the  above-named  plaintiffs  have  sued  out  an  attachment  in 
the  above-entitled  action  in  the  county  court  within  and  for  said 
county  of  Arapahoe,  against  the  above-named  defendant,  by  virtue  of 
which  said  writ  of  attachment  the  following  described  property,  to  wit: 
Pour  barrels  of  sherry,  192  gallons;  three  barrels  of  Hermitage  whisky, 
116  gallons;  one  barrel  of  Marion  County  whisky,  38  gallons;  one  bar- 
rel Brasher 's  sour  mash  whisky,  38  gallons;  six  barrels  California 
brandy,  233  gallons;  one  barrel  Bond  &  William  whisky,  38^2  gallons — 
of  the  value  of  seventeen  hundred  and  sixty-nine  dollars,  has  been 
seized  and  attached;  and,  whereas,  the  said  defendant  is  desirous  of 
releasing  the  said  property  from  said  attachment  according  to  the 
form  of  the  statute  in  such  case  made  and  provided. 

Now,  therefore,  we,  the  undersigned,  residents  and  freeholders  of 
the  county  of  Arapahoe,  state  of  Colorado,  in  consideration  of  the 
premises  and  of  the  releasing  of  said  property  do  jointly  and  severally 
undertake  and  promise  to  the  effect  that  in  case  the  plaintiffs  recover 
judgment  in  said  action,  and  said  attachment  is  not  dissolved,  then  the 
said  defendant  will,  on  demand,  redeliver  to  the  proper  officer  such 
attached  property,  or,  in  default  of  such  delivery,  that  the  said  defend- 
ant, and  we  as  his  sureties,  will  pay  or  cause  to  be  paid  to  the  said 
plaintiffs  the  full  value  of  the  property  so  released. 

Dated  this  29tli  day  of  September,  A.  D.  1886. 

[Justification  of  sureties.] 

B.  P.  Brasher. 
Peter  P.  Eagan. 
George  W.  Brown. 

NOTE.— Precedent  in  Palacios  v.  Brasher,  18  Colo.  593,  36  Am.  St.  Rep. 
305,  34  Pac.  251. 

No.  596.    Bond  on  Release  of  Attachment— Justice's  Court — ^Nevada. 
[Title  of  Court  and  Cause.] 

Whereas,  there  has  been  an  attachment  levied  this  day  on  eight  horses 
and  one  wagon  belonging  to  the  above  defendant,  by  one  Sanford 
Spaulding,  constable  of  Silver  City  township,  Lyon  county,  Nevada, 
we,  the  undersigned,  do  undertake  on  the  part  of  said  defendant,  that 
the  said  horses  shall  be  forthcoming  when  called  for  by  any  court 
having  jurisdiction  over  the   above-entitled  action,  together  with   one 


Forms  597, 598  Cowdery's  Form  Book.  208 

wood-wagon,  and  in  default  thereof  we  will  pay  all  damages  which 

the  plaintiff  may  sustain  thereby. 

Witness  our  hands  and  seals,  this  thirtieth  day  of  November,  1874. 

Geo.  S.  Elder.     [Seal] 
C.  Becker.  [Seal] 

NOTE.— Precedent  in  Elder  v.  Shaw,  12  Nev.  78. 

No.  597.    Undertaking  on  Release  of  Attachment— Justice's  Court. 
[Title  of  Court  and  Cause.] 

Whereas,  the  plaintiff  in  the  above-entitled  cause  has  commenced  an 
action  in  the  aforesaid  court  against  the  above-named  defendants  for 
the  recovery  of  two  hundred  and  fifty  (250)  dollars,  gold  coin  of  the 
United  States. 

And  whereas,  an  attachment  has  been  issued,  directed  to  the  constable 
of  Pine  Grove  township,  of  the  county  of  Monterey,  and  placed  in  his 
hands  for  execution,  whereby  he  is  commanded  to  attach  and  safely 
keep  all  the  property  of  the  said  defendants  within  his  county  not 
exempt  from  execution,  or  so  much  thereof  as  may  be  sufficient  to 
satisfy  the  plaintiff's  demand  therein  stated,  in  conformity  with  the 
complaint,  at  two  hundred  and  fifty  dollars,  gold  coin  of  the  United 
States,  unless  the  defendants  give  him  security  by  the  undertaking  of 
at  least  two  sufficient  sureties,  in  an  amount  sufficient  to  satisfy  said 
demand  besides  costs  [or  in  an  amount  equal  to  the  value  of  the  prop- 
erty which  has  been  or  is  about  to  be  attached],  in  which  ease  to  take 
such  undertaking. 

And  whereas,  the  said  defendants  are  desirous  of  giving  the  under- 
taking mentioned  in  the  said  w-rit. 

Now,  therefore,  we,  the  undersigned,  residents  of  Pine  Grove  town- 
ship, in  the  county  of  Monterey,  in  consideration  of  the  premises,  and 
to  prevent  the  levy  of  said  attachment,  do  hereby  iointly  and  severally 
undertake  in  the  sum  of  three  hundred  (300)  dollars  gold  coin  of  the 
United  States,  and  promise  to  the  effect  that  if  the  said  plaintiff  shall 
recover  judgment  in  said  action,  we  will  pay  to  the  said  plaintiff  the 
amount  of  said  judgment,  togetlier  with  the  costs,  not  exceeding  in  all 
the  sum  of  three  hundred  (300)  dollars,  gold  coin  of  the  United  States. 

[Justification.]  [Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  868. 

No.  598.    Undertaking    for    Release   or   Discharge    of   Attachment  — 

Oregon. 
[Title  of  Court  and  Cause.] 

Wlaereas,  on  the  application  of  the  above-named  defendant,  ,  an 

order  has  been  made  in  the  above-entitled  action  discharging  certain 
property  of  the  said  defendant  from  an  attachment  heretofore  issued 


209 


Attachment. 


Forms  599-601 


and    levied   in    such    action    by    and    on   behalf   of    the    above-named 

plaintiff, : 

We,  and 

the 


-,  sureties,  hereby  undertake  to  pay  said  plaintiff 
amount    of   any   judgment   that   may   be   recovered    against    said 


defendant  in  such  action. 

Dated  this  day  of 

[Justification.] 
Approved  by  me  this  — 


191—. 


day  of 


191—. 


[Signature.] 
[Signature.] 


No.  599.    Undertaking   for    Release    or   Discharge    of   Attachment  ~ 

Washington. 
[Title  of  Court  and  Cause.] 

Whereas  a  writ  of  attachment  has  been  issued  by  ,  one  of  the 

justices  of  the  peace  in  and  for county,  against  the  personal  prop- 
erty of  ,  defendant  in  an  action  in  which  is  plaintiff: 

Now   therefore   we,   ,   defendant,   ,   and  ,   acknowledge 

ourselves    bound    unto    ,    constable,    in    the    sum    of   dollars 

($ ),  engaging  to  deliver  the  property  attached,  to  wit, ,  or  pay 

the  value  thereof  to  the  sheriff  or  constable  to  whom  the  execution  upon 
a  judgment  obtained  by  plaintiff  in  the  aforesaid  action  may  be  issued. 

Dated  this day  of ,  191 — . 

[Signatures.] 

Approved  by  me  this  day  of  ,  191 — . 

[Signature.] 

No.  600.    Release  of  Real  Property  from  Attachment. 
[Title  of  Court  and  Cause.] 

The  attachment  of  the  real  property  of  defendant,  in  the   above- 
entitled  action,  made  on  the day  of ,  191 — ,  is  hereby  released. 

[Signature.] 

Signed  and  acknowledged  before  me  this  day  of ,  191 — . 


,  County  Recorder. 

NOTE. — California,  Code  Civ.  Proc,  sec.  560. 

If  the  release  is  made  by  an  attorney,  it  should  be  the  attorney  of  record, 
as  disclosed  in  the  oflSce  whence  the  writ  issued. 

No.  601.    Affidavit  for  G-axnishment. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,   the   plaintiff   in   the   above-entitled   action,   being  sworn,   says 

that  he  verily  believes  that  is  indebted  to  the  said  defendant,  [or 

has  property  (real  or  personal),  in  his  possession  (or  under  his  control), 
belonging  to  the  defendant,  or  (either  or  any  of  the  defendants  in  the 
action  or  execution)],  that  such  defendant  has  no  property  in  this  state 

Form  Book — 14 


Forms  602, 603  Cowdery's  Form  Book.  210 

liable  to  execution  sufficient  to  satisfy  the  plaintiff's  demand;  and  that 
such  indebtedness  is,  to  the  best  of  affiant's  knoAvledge  and  belief,  not 
by  law  exempt  from  seizure  or  sale  upon  execution. 

Dated  ,  191—. 

[Signature.] 

NOTE. — North  Dakota,  Comp.  Laws  1913,  sec.  7568;  "Washington,  Eem. 
Codes  &  Stots.  1915,  sees.  682,  1807,  1824. 

Any  number  of  garnishees  may  be  embraced  in  the  same  affidavitj  but  ii 
a  joint  liability  is  claimed  against  any,  it  should  be  so  stated. 

No.  602.    Bond  in  Garnishment. 
[Title  of  Court  and  Cause.] 
Know  all  men  by  these  presents  that  we, ,  as  principal,  and 


and  ,  his  sureties,  are  held  and  firmly  bound  unto  the  territory 

of ,  in  the  sum  of dollars  ($ ),  for  the  payment  of  which 

well  and  truly  to  bo  made  we  bind  ourselves,  our  heirs,  executors,  and 
administrators,  firmly  by  these  presents. 

Signed  with  our  seals,  and  dated  this  day  of  ,  191 — . 

The  condition  of  the  foregoing  obligation  is  such  that  whereas  the 

above-named  has  this  day  sued  out  a  garnishment  before  — — , 

clerk  of  the court  of ,  against  ,  for  the  sum  of dol- 
lars ($ )  in  the  above-styled  and  mentioned  suit: 

Now  if  the  said  shall  prosecute  his  said  action  without  delay 

and  with  effect,  and  pay  all  damage  that  may  accrue  to  any  defendant 
or  garnishee  by  reason  of  such  garnishment,  or  any  process  or  judg- 
ment thereon,  then  this  obligation  shall  be  null  and  void;  otherwise, 
to  remain  in  full  force  and  effect. 

[Signatures  and  seals.] 

NOTE.— See   Wash.  Eem.  Code,  sec.  681. 

The  title  of  the  cause  should  contain  the  name  of  plaintiff,  the  name  of 
the  defendant,  and  the  name  of  the  garnishee,  with  their  respective  desig- 
nations. 

No.  603.     Garnishment  Summons— Colorado. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of to ,  Garnishee. 

You  are  hereby  notified  that  you  are  attaclied  as  garnishee  in  the 
above-entitled  cause,  and  you  are  required  not  to  pay  any  debt  due, 

or  to  become  due,  from  yourself  to  the  said  ,  and  that  you  must 

retain   possession   and   control   of  all   personal   property,   effects,   and 

choses  in  action  of  the  said  ,  in  order  that  the  same  may  be  dealt 

with  according  to  law. 

And  you  are  hereby  commanded  to  be  and  appear  before  ,  at 

,  on  the day  of ,  191 — ,  at o'clock  A.  M.,  to  answer 

what  may  be  objected  against  you  in  that  behalf. 

Dated ,  191—. 

[Official  signature.] 

NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  sec.  4358. 


211  Attachment.  Forms  604-606 

No.  604.    Gamisliment  Summons — Justice's  Court — North  Dakota. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss.  In  Justice's  Court,  Before  ,  J.  P. 

The  State  of to  said  Garnishee. 

You  are  hereby  summoned,  pursuant  to  the  annexed  affidavit,  as  a 

garnishee  of  the  defendant  ,  and  required  to  appear  before  me  at 

,  in  the  town  of  ,  on  the  day  of  ,  191 — ,  at  

o'clock  A.  M.  of  said  day,  and  answer  upon  oath  according  to  law 

whether  you  are  indebted  to  ,__  or  have  in  your  possession  or  under 

your  control  any  personal  property  belonging  to  such  defendant,  or,  in 
lieu  of  so  appearing  before  me  on  said  day,  you  may  at  any  time  prior 
thereto  file  with  me  your  sufficient   affidavit,   as  provided  in  sections 

;  and  in  case  of  your  failure  so  to  appear  or  to  file  such  affidavit, 

you  will  be  liable  to  further  proceedings  according  to  law;  of  which 
said  defendant  will  also  take  notice. 

,  Justice  of  the  Peace. 

To  be  served  not  later  than , 

,  J.  P. 

NOTE.— North  Dakota,  Comp.  Laws  1913,  sees.  9063-9068. 

No.  605.    Gaxnishment  Summons — North  Dakota, 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

The  State  of to  the  said  Garnishee. 

You  are  hereby  summoned,  pursuant  to  the  annexed  affidavit,  as  a 

garnishee  of  defendant,  ,  and  required  within  ten  days  after  the 

service  of  this  summons  upon  you,  exclusive  of  the  day  of  service,  to 

answer  according  to  law,  whether  you  are  indebted  to  ,  or  have  in 

your  possession  or  under  your  control  any  property,  real  or  personal, 
belonging  to  such  defendant,  and  to  serve  a  copy  of  your  answer  on  the 

undersigned  at ,  in  the  county  of ;  and  in  case  of  failure  so  to 

do,  you  will  be  liable  to  further  proceedings  according  to  law;  of  which 
the  said  defendant  will  also  take  notice. 

Dated  this day  of ,  191 — . 

[Signature.] 

NOTE. — North  Dakota,  Comp.  Laws  1913,  sec.  7569. 

No.  606.    G-arrashment  Summons — Justice  of  the  Peace — Washington. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

State  of to 


Whereas  a  summons,  or  notice  and  complaint,  have  been  issued  by 
a  justice  of  the  peace  of  said  county,  returnable  on  the  day 


Form  607  Cowdery's  Form  Book.  212 

of ,  191 — ,  in  favor  of ,  plaintiff,  and  against ,  defendant ; 

and  whereas  the  plaintiff  has  made  oath  that  j'^ou  have  property  in 
your  possession  or  under  your  control  belonging  to  the  defendant. 

Now  therefore  you  are  hereby  summoned  to  be  and  appear  before 
the  said  justice  at  his  office  in  said  county  on  the  return  day  of  said 

summons,  at o'clock  in  the  forenoon  of  said  day,  then  and  there 

to  answer  under  oath  touching  your  liability  as  garnishee. 

Given  under  my  hand  this day  of ,  191 — . 

,  Constable. 

NOTE,— See  Wash.  Eem.  Code,  sec.   1808. 

No.  607.    Writ  of  Garnishment — New  Mexico. 

[Title  of  Court  and  Cause.] 

The  Territory  of to  the  Sheriff  of County,  Greeting. 

Whereas,  in  the  court  of  ,  within  and  for  the  county  of 

,  in  a  certain  cause  therein  pending,  wherein  is  plaintiff  and 

is  defendant,  the  plaintiff,  claiming  as  his  indebtedness  against 

the  said of dollars  ($ ),  besides  interest  and  costs  of  suit, 

has  applied  for  a  writ  of  garnishment  against  ,  who  is  alleged  to 

be  a  resident  of  your  coi;nty: 

Therefore  you  are  hereby  commanded  forthwith  to  summon  the  said 

,  if  to  be  found  within  your  county,  to  be  and  appear  before  the 

said  court  within days  from  the  service  hereof  upon  the  said , 

then  and  there  to  answer  upon  oath  what,  if  anything,  he  is  indebted 

to  the  said  ,  and  was  when  this  writ  was  served  upon  him,  and 

upon  what  account,  and  what  effects  of  the  said  he  has  in  his 

possession  and  had  when  this  writ  was  served,  and  what  other  persons, 

if  any,  within  his  knowledge  are  indebted  to  the  said  ,  or  have 

effects  belonging  to  him  in  their  possession.  [If  the  garnishee  is  an 
incorporated  or  joint  stock  company  in  which  the  defendant  is  alleged 
to  be  the  owner  of  shares,  or  interested  therein,  then  the  writ  shall 
proceed:  "and  further,  to  answer  what  number  of  shares,  if  any,  the 
said  defendant  [naming  him]  owns  in  such  company,  and  owned  when 
such  writ  was  served."]  Herein  fail  not,  but  of  this  writ  make  return 
as  the  law  directs. 

Witness  my  hand  and  seal  of  said  court  at  ,  this  day  of 

,  191—. 

,  Clerk. 

By  ,  Deputy. 

NOTE.— New  Mexico,  Stats.  Ann.  1915,  sees.  2528,  2532. 

The  title  of  the  cause  sbonld  contain  the  name  of  the  plaintiff,  the  name 
of  the  defendant,  and  the  name  of  the  garnishee,  with  their  respective  desig- 
nations. 


213  Attachment  Forms  608, 609 

No.  608.    Writ  of  Garnishment— Superior  Court — Washington. 
[Title  of  Court  and  Cause.] 

State  of  ,  to  ,  Greeting. 

Wliereas,  in  the  court  of  the  state  of  ,  in  and   for 


county,  in  a  certain  cause  wlierein is  plaintiff  and is  defend- 
ant, the  plaintiff,   claiming  an  indebtedness   against  the  said  of 

. dollars  ($ ),  besides  interest  and  costs  of  suit,  has  applied  for 

a  writ  of  garnishment  against  you: 

Now  therefore  you  are  hereby  commanded  to  be  and  appear  before 
the  said  court  within  twenty  days  after  the  service  upon  you  of  this 

writ,  if  served  within  county,  and  within  thirty  days  after  the 

service  of  this  writ  upon  you,  if  served  in  any  other  county  of  this 
state,  then  and  there  to  answer  upon  oath  what,  if  anything,  you  are 

indebted  to  the  said  ,  and  were  when  this  writ  was  served  upon 

you,  and  what  effects,  if  any,  of  the  said you  have  in  your  posses- 
sion or  under  your  control,  and  had  when  this  writ  was  served.  [If 
the  garnishee  be  an  incorporated  or  joint  stock  company  in  which  the 
defendant  is  alleged  to  be  the  owner  of  shares,  or  interested  therein, 
then  the  writ  shall  proceed:  "and  further,  to  answer  what  number  of 

shares,  if  any,  the  said [naming  the  defendant  in  the  main  action] 

OAvns  in  such  company,  and  owned  when  this  writ  was  served  upon 
you."] 

Witness  my  hand  and  the  seal  of  said  court  this  day  of  , 

191— 

[Signatures.] 

NOTE.— Utah,  Comp.  Laws  1907,  sec.  3092;  Washington,  Kem.  Code,  sec. 
685. 

No.  609.    Writ  of  Garnishment — Justice  of  the  Peace— Washington. 
[Title  of  Court  and  Cause.] 
To  ,  Greeting. 

Whereas,  in  the  justice  court  in  and  for precinct,  county, 

state  of  ,  in  a  certain  cause  wherein  is  plaintiff  and  is 

defendant,  the  plaintiff,  claiming  an  indebtedness  against  the  said  

of  dollars  ($ ),  besides  interest  and  costs  of  suit,  has  applied 

for  a  writ  of  garnishment  against  you: 

Now  therefore  you  are  hereby  summoned  to  be  and  appear  before 

the  said  justice,  at  his  office  in  said  coianty,  on  the  day  of  , 

191 — J  at  o'clock  in  the  forenoon  of  said  day,  that  being  the  re- 
turn day  of  the  summons  in  the  main  action,  then  and  there  to  answer 

upon  oath  in  what  amount,  if  any,  you  were  indebted  to  the  said  

when  this  writ  was  served  upon  you,  and  what  personal  property  or 

effects,  if  any,  of  the  said  you  had  in  your  possession  or  under 

your  control  when  this  writ  was  served  upon  you.  [If  the  garnishee  be 
a  corporation  in  which  the  defendant  is  alleged  to  be  the  owner  of 
sliares,   then  the  writ  shall  proceed:   "and  further,   to  answer  what 


Forms  610, 611  Cowdery's  Form  Book.  214 

number  of  shares,  if  any,  the  said [naming  the  defendant]  owned 

in ,  a  corporation,  when  this  writ  was  served  upon  you."] 

,  Justice  of  the  Peace. 

NOTE.— See  Wash.  Kem.  Code,  sec.  1826. 

No.  610.    Garnishment — Citation  to  Garnishee. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of . 

To  ,  Greeting. 

By  order  of  this  court,  you  are  hereby  cited  and  required  to  appear 
before  the  judge  of  this  court,  at  the  courtroom  thereof,  at  the  court- 
house in  the  county  of  ,  on  the  day  of  ,  191 — ,  at 

o'clock  in  the  forenoon  of  that  day,  then  and  there  to  be  examined  on 
oath  respecting  any  debts  that  may  be  owing  from  you  to  the  defend- 
ant in  the  above-entitled  action,  and  respecting  any  credits  or  other 
personal  property  belonging  to  the  defendant  that  you  may  have  in 
your  possession  or  under  your  control  [or,  then  and  there  to  be  exam- 
ined on  oath  for  the  purpose  of  giving  information  respecting  the  prop- 
erty of  said  defendant]. 

Witness  the  Honorable ,  judge  of  the court,  in  and  for  the 

county  of ,  state  of ,  with  the  seal  of  court  affixed,  this  

day  of ,  191—. 

[Seal]  Attest,  ,  Clerk. 

By  ,  Deputy  Clerk. 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  986;  Idaho,  Kev.  Codes  1907,  sec. 
4310,-  Montana,  Rev.  Codes  1907,  sec.  6668;  Nevada,  Rev.  Laws  1912,  sec. 
5171;  Oregon,  Lord's  Oregon  Laws,  sec.  303;  Washington,  Rem.  Code, 
see.  1845. 

The  proceeding  whereby  a  garnishee  is  required  to  appear  and  answer  be- 
fore a  court  or  judge,  and  be  examined  on  oath  concerning  any  property 
in  Ms  possession  belonging  to  the  defendant,  or  any  debt  he  may  owe  to 
the  defendant,  etc.,  is  sometimes  named  a  notice;  sometimes,  a  summons; 
and  sometimes,  a  writ  of  garnishment;  but  they  all  practically  amount  to 
the  same  thing. 

No.  611.    Garnishment — Certificate  by  Garnishee. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 


,  the  sheriff  of  county,  having  applied  to  me  for  informa- 
tion for  the  purpose  of  attaching  the  property  of  the  said  defendant 

in  the  above-entitled  action,  I,  ,  the  undersigned,  hereby  certify 

that  I  have  no  property  of  defendant  in  my  possession  or  under  my 
control,  and  that  I  am  not  indebted  to  him  in  any  manner  or  in  any 
sum  whatever  [or,  if  otherwise,  state  the  facts,  designating  the  amount 
and  description  of  any  property  in  the  garnishee's  possession  belong- 


215  Attachment.  Forms  612, 613 

ing  to  the  defendant,  or  any  debt  owing  to  the  defendant,  or  the  num- 
ber of  shares  of  the  defendant  in  the  stock  of  the  association  or 
corporation  in  which  he  may  have  an  interest,  with  profits  or  encum- 
brances thereon]. 

Dated  at ,  this day  of ,  191 — . 

[Signature.] 

No.  612.    Garnishment— Affidavit,  by  Garnishee,  Denying  Liability. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 


-,  being  duly  sworn,  says  that  on  the day  of ,  191 — ,  he 


was  served  with  a  garnishee  summons  in  the  above-entitled  action; 
that  he  was  then,  and  is  now,  in  no  manner  and  upon  no  account  what- 
ever indebted  or  under  liability  to  the  defendant,  and  that  he 

then  had,  and  now  has,  in  his  possession  or  under  his  control  no  real 
estate  and  no  personal  property,  effects,  or  credits  of  any  description 
whatever  belonging  to  said  defendant,  or  in  which  he  has  any  interest ; 
and  is  in  no  manner  liable  as  garnishee  in  this  action. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— Kansas,  Gen.  Stats.  1915,  sec.  7125;  North  Dakota,  Comp.  Laws 
1913,  sees.  7574,  9063-9068;  South  Dakota,  Comp.  Laws  1913,  p.  381b,  sec.  8. 

No.  613.    Garnishment— Affidavit,  by  Ganushee,  for  Discontinuance  as 
to  Him. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

being  duly  sworn,  says  that  on  the  day  of ,  191 — ,  he 

was  served  with  a  garnishee  summons  in  the  above-entitled  action ;  that 
he  was  then,  and  is  now,  in  no  manner  and  upon  no  account  indebted 

or  under  liability  to  the  defendant,  ,  and  that  he  then  had,  and 

now  has,  in  his  possession  or  under  his  control  no  real  estate  and  no 
personal  property,  effects,  or  credits  of  any  description  belonging  to 
said  defendant,  or  in  which  he  has  any  interest;  and  is  in  no  manner 
liable  as  garnishee  in  this  action. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[OflScial  signature.] 


Forms  614, 615  Cowdery's  Form  Book.  216 

No.  614.     Garnishment — Interrogatories,  Answer  and  Oath. 
[Title  of  Court  and  Cause.] 

Are  you  in  any  manner  indebted  to  the  defendants,  or  either  of  them, 
either  in  property  or  money,  and  is  the  same  now  due?  If  not  due, 
when  is  the  same  to  become  due?     State  fully  all  particulars. 

Answer.     . 

Have  you  in  your  possession,  in  your  charge,  or  under  your  control 
any  property,  effects,  goods,  chattels,  rights,  credits,  or  choses  in  action 
of  said  defendants,  or  either  of  them,  or  in  which  they  are,  or  he  is, 
interested?  If  so,  state  what  is  the  value  of  the  same,  and  state  fully 
all  particulars. 

Answer.    . 

Do  you  know  of  any  debts  owing  to  the  said  defendants,  or  either 
of  them,  whether  due  or  not  due,  or  any  property,  effects,  goods,  chat- 
tels, rights,  credits,  or  choses  in  action  belonging  to  them,  or  him,  or 
in  which  they  are,  or  he  is,  interested,  and  now  in  the  possession  or 
under  the  control  of  others?     If  so,  state  the  particulars. 

Answer.    . 

[Signature.] 

Ij  do  solemnly  swear  that  the  answers  to  the  foregoing  inter- 
rogatories by  me  subscribed  are  true.    So  help  me  God. 

[Signatiire.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE —Alaska,  Comp.  Laws  1913,  sec.  987;  Arizona,  Eev.  Stats.  (Civ. 
Code  1913),  sec.  1433;  Idaho,  Eev.  Codes  1907,  sees.  4310b,  4310c;  Kansas, 
Gen  Stats.  1915,  sec.  7132;  Oregon,  Lord's  Oregon  Laws,  sec.  315;  Utah, 
Comp.  Laws  1907,  sees.  3095,  3705;  Washington,  Hem.  Code,  sees.  690, 
1813,  1845;  Wyoming,  Comp.  Stats.   1910,  sec.  4858. 

In  Idaho,  written  interrogatories  in  the  following  form  may  be  delivered 
to  the  garnishee  at  the  time  of  serving  the  notice  of  garnishment:  1.  At  the 
time  of  the  service  of  the  garnishment,  had  you  in  your  possession,  or  under 
your  control,  any  property,  money,  or  effects  of  the  defendant?  If  so,  state 
what  property,  how  much,  and  of  what  value,  and  what  money  or  effects. 
2  At  the  time  of  the  service  of  the  garnishment,  did  you  owe  the  defendant 
any  money,  or  do  you  owe  him  any  now?  If  so,  state  how  much,  on  what 
account,  and  when  it  became  due.  If  not  due,  when  will  it  become  due? 
To  these  may  be  added  any  other  proper  and  pertinent  questions  the  answers 
to  which  might  tend  to  show  a  liability  on  the  part  of  the  garnishee  to  the 
defendant:  See  Idaho  Eev.  Codes  1907,  sec.  4310b. 

No.  615.    Return  on  Attachment  of  Personalty— Justice's  Court. 

[Title  of  Court  and  Cause.] 

Office  of  the  Sheriff, 

Of  the  City  and  County  of  San  Francisco, ss. 

By  virtue  of  the  annexed  writ,  I  duly  attached  all  moneys,  goods, 
credits,  effects,  debts  due  or  owing,  and  all  other  personal  property 
belonging  to  the   defendants   therein   named,   or  to  either  of  them,   in 


217  Attachment.  Forms  616, 617 

the  possession  or  under  the  control  of  J.  D.,  by  serving  upon  the  said 
J.  D.  personally,  in  the  city  and  county  of  San  Francisco,  on  the  six- 
teenth day  of  August,  1917,  at  eleven  o'clock  A.  M.,  a  copy  of  said 
writ,  with  a  notice  in  writing,  that  such  property  was  attached  in  pur- 
suance of  said  writ,  and  not  to  pay  over  or  transfer  the  said  property 
to  anyone  but  mysolf.     Statement  demanded. 

[Here  state  answer  of  person  served  as,  "and  the  said  J.  D.  gave 
me  a  written  acknowledgment  that  he  was  indebted  to  defendant  herein 
in  the  sum  of  one  thousand  dollars."] 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  683. 

No.  616.    Return  of  Attachment  or  Execution  Showing  Levy  on  Credits, 

etc. — Justice's  Court. 
[Title  of  Court  and  Cause.] 

By  virtue  of  the  annexed  writ,  I  duly  attached  all  moneys,  goods, 
credits,  effects,  debts  due  or  owing,  or  any  other  personal  property  in 
che  possession  or  under  the  control  of  the  parties  hereinafter  named, 
at  the  time  set  opposite  to  their  respective  names,  belonging  to  the 
defendants  named  in  said  writ,  or  to  either  of  them,  by  delivering  to 
and  leaving  with  each  of  said  parties  hereinafter  named,  personally, 
in  the  county  of  Sacramento,  a  copy  of  said  writ,  with  a  notice  in  writ- 
ing that  such  property  V7as  attached,  and  not  to  pay  over  or  transfer 
the  same  to  anyone  but  myself. 

Statement  demanded. 


Names  of  Parties  Served  as 
Aforesaid. 

Date  and  Time  of  Service. 

Answers. 

W.  J.  H.  &  Co. 

August  9,  1917. 

They  owe  defendant  one 
hundred      dollars      for 
work    and    labor    dur- 
ing January,  1917. 

Dated . 

[Signature.] 

NOTE. — California,  Code  Civ,  Proc,  sec.  559.  If  the  writ  is  for  attach- 
ment, the  return  must  be  made  twenty  days  after  its  receipt.  If  for  levy 
under  execution,  then  it  must  be  returned  within  the  life  of  the  execution, 
to  wit,  not  less  than  ten  nor  more  than  sixty  days  from  its  receipt  by  the 
officer:  California,  Code  Civ.  Proc,  sec  683. 

No.  617.    Return    on    Attachment,    or    Execution    Showing    Levy    on 

Shares  in  Corporation — Justice's  Court. 
[Title  of  Court  and  Cause.] 

By  virtue  of  the  annexed  writ  I  duly  attached  all  stock  or  shares,  or 
interest  in  stock  or  shares,  of  the  hereinafter  named  corporations,  be- 
longing to  the  defendants  named  in  said  writ,  or  to  either  of  them,  by 


Forms  618,  619 


Cowdery's  Form  Book. 


218 


serving  upon  each  of  the  hereinafter  named  parties,  personally,  in  the 
city  of  Sacramento,  county  of  Sacramento,  at  the  times  set  opposite 
tlieir  respective  names,  a  copy  of  said  writ,  with  a  notice  in  writing, 
notifying  each  of  said  corporations  respectively  that  such  stock  or  in- 
terest of  said  defendants,  or  either  of  them,  was  attached,  and  not  to 
pay  over  or  transfer  the  same  to  anyone  but  myself. 

Statement  demanded.     The  answers  were  as  set  opposite  the  respec- 
tive names  of  said  corporations. 


-Names  of  Parties  Served  as 
Aforesaid- 

Time  of  Service. 

Answers. 

Black  Prince. 

August  9,  1917. 

One    hundred    shares    stock 
standing    in    defendant'^- 
name  on  books  of  corpo- 
ration. 

[Signature.] 


NOTE.— California,  Code  Civ.  Proc,  sec.  559. 


No.  618.    Complaint  by  Sheriff  in  Aid  of  Attachment. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  he  is  the  sheriff  of  the  county  of  Napa,  duly  elected,  qualified, 
and  acting  as  such. 

2.  That  on  the  nineteenth  day  of  March,  1917,  a  writ  of  attachment 
was  issued  out  of  this  court,  and  to  him  directed  and  delivered,  as  such 
sheriff,  in  an  action  against  A.  B.,  wliereby  he  was  directed  to  attach 
and  keep  all  the  property  of  said  A.  B.  in  his  county. 

3.  That  the  defendant  then  had  in  his  possession  $500  belonging  to 
A.  B.  [or  indebted  to  the  said  A.  B.  in  the  sum  of  $500.] 

4.  That  on  the  twenty-first  day  of  March,  1917,  the  plaintiff  made 
due  service  of  said  writ  by  delivering  to  and  leaving  with  said  defend- 
ant a  copy  thereof,  with  a  notice  showing  the  property  levied  on; 
whereupon  the  plaintiff  became  entitled  to  receive  from  the  defendant, 
and  he  became  answerable  to  the  plaintiff  for  said  $500,  which  the 
defendant  refuses  to  pay  over  to  the  plaintiff,  or  to  account  to  him 
therefor,  to  his  damage  in  $500. 

[Signature.] 

No.  619.    Complaint  on  Undertaking  on  Attachment. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  twenty-third  day  of  June,  1917,  an  attachment  against 
the  property  of  C.  D.  was  issued  out  of  the  superior  court  of  said  county, 
in  an  action  commenced  by  A.  B.,  the  plaintiff  herein,  against  said  C.  D., 
the  defendant  herein,  to  recover  [state  what]. 

2.  That  afterward,  on  the  twenty-ninth  day  of  June,  1917,  at  P.,  the 
said  C.  D.  appeared  in  said  action,  and  applied  for  a  discharge  of  said 


219  Attestation — Award.  Forms  620, 621 

attachment,  and  that  the  defendants  herein,  E.  F.  and  G.  H.,  thereupon 
executed  and  delivered  to  this  plaintiff  a  written  undertaking,  pursuant 
to  law,  a  copy  ef  which  is  hereto  annexed  and  made  a  part  of  this  com- 
plaint, marked  "Exhibit  A." 

3.  That  upon  delivery  of  said  undertaking  the  said  attachment  was 
discharged  and  the  property  was  released,  and  that  subsequently,  on  the 
tenth  day  of  July,  1917,  said  plaintiff  recovered  judgment  against  the 
said  C.  D.,  which  was  rendered  in  said  action  for  $500,  damages  and 
costs,  which  judgment  was  entered  and  docketed  in  the  office  of  the 
clerk  of  said  coui-t,  on  the  twentieth  day  of  July,  1917,  and  that  said 
judgment  has  not  been  paid. 

4.  That  on  the  twenty-fifth  day  of  July,  1917,  this  plaintiff  demanded 
of  the  defendants  herein  payment  of  said  judgment,  which  was  by  each 
and  all  of  them  refused. 

5.  That  they  have  not  paid  the  same,  nor  any  part  thereof. 
[Annex  copy  of  undertaking,  marked  "Exhibit  A."] 

No.  620.    Notice  to  Sheriff  of  Release  of  Attaclimeiit. 
[Title  of  Court  and  Cause.] 

To  the  Sheriff  of  the  City  and  County  of  San  Francisco,  and  to  Whom 
Else  It  may  Concern: 

Notice  is  hereby  given  that  the  attachment  heretofore  levied  in  the 
above-entitled  action,  upon  the  real  property  hereinafter  described,  is 
hereby  released,  and  authority  is  given  to  enter  such  release  of  record. 

The  real  property  affected  by  this  release  is  situate  in  the  city  and 
county  of  San  Francisco,  and  more  particularly  described  as  follows, 
to  wit:   [Description.] 

Dated . 

,  Attorneys  for  Plaintiff. 

No.  621.    Instructions  to  Sheriff  to  Release. 

[Title  of  Court  and  Cause.] 

To  the  Sheriff  of  the  City  and  County  of  San  Francisco. 

Sir:  You  are  hereby  instructed  to  release  from  attachment  the  herein- 
after described  real  estate,  to  wit:    [Description.] 

Dated  . 

,  Plaintiff's  Attorneys. 

ATTESTATION. 

Attestation  of  Will,  Signed  in  Presence  of  Witnesses,  No.  3888. 
Attestation  of  Will  Where  Testator's  Name  is  Written  by   Person  at  His 


Bequest,  No^3889. 

IVcknowi 

AWARD. 


itequest,  ino.  dsoy. 
Attestation    of    Will— Acknowledged   by    Testator    to   be    Signed   by    Hun, 
No.  3890. 


Award,  Nos.  408,  409. 


Cowdeey's  Form  Book.  220 

BANKRUPTCY. 

631.  Debtor's  petition. 

632.  Partnership  petition. 

633.  Creditors'  petition. 

634.  Order  to  show  cause  upon  creditors'  petition. 

635.  Subpoena  to  alleged  bankrupt. 

636.  Order  for  jury  trial. 

637.  Special  warrant  to  marshal. 

638.  Bond  of  petitioning  creditor. 

639.  Bond  to  marshal. 

670.  Adjudication  that  debtor  is  not  bankrupt. 

671.  Adjudication  of  bankruptcy. 

672.  Appointment,  oath  and  report  of  appraisers. 

673.  Order  of  reference. 

674.  Order  of  reference  in  judge's  absence. 

675.  Bond  of  referee. 

676.  Eeferee's  oath  of  office. 

677.  Notice  of  first  meeting  of  creditors. 

678.  Certificate  by  referee  to  judge. 

679.  List  of  debts  proved  at  fijst  meeting. 

680.  General  letter  of  attorney  in  fact  when  creditor  Is  not  represented  "^y 

attorney  at  law. 

681.  Special  letter  of  attorney  in  fact. 

682.  Appointment  of  trustee  by  creditors. 

683.  Appointment  of  trustee  by  referee. 

684.  Bond  of  trustee. 

685.  Notice  to  trustee  of  his  appointment. 

686.  Order  that  no  trustee  be  appointed. 

687.  Account  of  trustee. 

688.  Oath  to  final  account  of  trustee. 

689.  Order  allovrins  account  and  discharging  trustee. 

690.  Petition  for  removal  of  trustee. 

691.  Notice  of  petition  for  removal  of  trustee. 

692.  Order  for  removal  of  trustee. 

693.  Order  for  choice  of  new  trustee. 

694.  List  of  claims  and  dividends  to  be  recorded  by  referee  and  oy  him 

delivered  to  trustee. 

695.  Notice  of  dividend  in  bankruptcy. 

696.  Order  for  examination  of  bankrupt. 

697.  Examination  of  bankrupt  or  witness. 

698.  Summons  to  witness  in  bankruptcy. 

699.  Proof   of  unsecured  debt. 

700.  Proof  of  secured  debt. 

701.  Proof  of  debt  du3  corporation. 

702.  Proof  of  debt  by  agent  or  attorney. 

703.  Proof  of  secured  debt  by  agent. 

704.  Affidavit  of  lost  bill  or  note. 

705.  Order  reducing  claim. 

706.  Order  expunging  claim. 

707.  Trustee's  report  of  exempted  property. 

708.  Petition  and  order  for  sale  by  auction  of  real  estate 

709.  Petition  and  order  for  redemption  of  property  from  lien. 

710.  Petition  and  order  for  sale  subject  to  lien. 

711.  Petition  and  order  for  private  sale. 

712.  Petition  and  order  for  sale  of  perishable  property. 

713.  Petition  for  meeting  to  consider  composition. 

714.  Application  for  confirmation  of  composition. 


221  Bankruptcy.  Form  631 

715.  Order  confirming  composition. 

716.  Order  of  distribution  on  composition. 

717.  Baiikrupt's  petition  for  discharge. 

718.  Specification  of  grounds  of  opposition  to  bankrupt's  discharge. 

719.  Discharge  of  bankrupt. 

No.  631.    Debtor's  Petition. 

To  the  Honorable ,  Judge  of  the  District  Court  of  the  United  States 

for  the District  of . 

The  petition  of ,  of ,  in  the  County  of and  District  and 

State  of ,  [state  occupation],  respectfully  represents: 

That  he  has  had  his  principal  place  of  business  [or  has  resided,  or 
has  had  his  domicile]  for  the  greater  portion  of  six  months  next  imme- 
diately preceding  the  filing  of  this  petition  at  ,  within  said  judicial 

district;  that  he  owes  debts  which  he  is  unable  to  pay  in  full;  that  he 
is  willing  to  surrender  all  his  property  for  the  benefit  of  his  creditors 
except  such  as  is  exempt  by  law,  and  desires  to  obtain  the  benefit  of 
the  acts  of  Congi-ess  relating  to  bankmptcy. 

That  the  schedule  hereto  annexed,  marked  "A,"  and  verified  by  your 
petitioner's  oath,  contains  a  full  and  true  statement  of  all  his  debts,  and 
(so  far  as  it  is  possible  to  ascertain)  the  names  and  places  of  residence 
of  his  creditors,  and  such  further  statements  concerning  said  debts  as 
are  required  by  the  provisions  of  said  acts: 

That  the  schedule  hereto  annexed,  marked  "B,"  and  verified  by  your 
petitioner's  oath,  contains  an  accurate  inventory  of  all  his  property,  both 
real  and  personal,  and  such  further  statements  concerning  said  property 
as  are  required  by  the  provisions  of  said  acts: 

Wherefore  your  petitioner  prays  tliat  he  may  be  adjudged  by  the  court 
to  be  a  bankrupt  within  the  purview  of  said  acts. 

,  Attorney. 

United  States  of  America, 
District  of ,  ss. 

I,  ,  the  petitioning  debtor  mentioned  and  described  in  the  fore- 
going petition,  do  hereby  make  solemn  oath  that  the  statements  con- 
tained therein  are  true  according  to  the  best  of  my  knowledge,  infor- 
mation and  belief. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19 — . 


[Official  character.] 


Form  631 


Cowdery's  Form  Book. 


222 


Schedule  "A."— Statement  of  All  Debts  of  Bankrupt. 

Schedule  "A"  (1). 

Statement  of  All  Creditors  Who  are  to  be  Paid  in  Full,  or  to  Whom 
Property  is  Secured  by  Law. 


Claims     which     have 
priority. 

•a 

a  o 
§^ 

u 
o 

"o 

a  M 

^2 

^^  OS  c3 

III 

0 

^8 

Nature    and    con- 
sideration   of    the 
debt,  and  whether 
contracted  as  part- 
ner  or    joint    con- 
tractor; and  if  so, 
with  whom. 

Amount. 

(1) 
Taxes  and  debts  due 
and    owing  to  the 

TTnitPfl    Sfntpo 

$        C. 

C2) 
Taxes  due  and  owing 
to     the     state     of 

,     or     to     any 

county,  district  or 
municipality  there- 
of 

I 

(3) 
Wages     due      work- 
men, clerks  or  ser- 
vants, to  an  amount 
not  exceeding  $300 
each,  earned  with- 
in    three     months 
before     filing     the 



(4) 
Other    debts    having 

priority  by  law.... 

( 

Total 

-,  Petitioner. 


223 


Bankruptcy. 


Form  631 


Schedule  "A"  (2). 

Creditors  Holding  Securities. 

[N.  B. — Particulars  of  securities  held,  with  dates  of  same,  and  when 
they  were  given  to  be  stated  under  the  names  of  the  several  creditors, 
and  also  particulars  concerning  each  debt,  as  required  by  acts  of  con- 
gress relating  to  bankruptcy,  and  whether  contracted  as  partner  or  joint 
contractor  with  any  other  person ;  and  if  so,  with  whom.] 


'6 

®  o 
o  > 

s  ° 

13 
o 

o 

li 

Is  3 
Di^  a 

Description  of  securities. 

£  a 
la  M  «; 

III 

O 
<U 

a; 

O 

a 

a 

o 

B 

$ 

c. 

Total 

,  Petitioner. 

Schedule  "A"  (3). 

Creditors  Whose  Claims  are  Unsecured. 

[N.  B. — "When  the  name  and  residence  (or  either)  of  any  drawer, 
maker,  indorser  or  holder  of  any  bill  or  note,  etc.,  are  unknown,  the  fact 
must  be  stated,  and  also  the  name  and  residence  of  the  last  holder  known 
to  the  debtor.  The  debt  due  to  each  creditor  must  be  stated  in  full,  and 
any  claim  by  way  of  setoff  stated  in  the  schedule  of  property.] 


-si 

OJS 

*^  |3 
1)  o 

t>  > 
^^  o 

03  Si 

•-3 

M 

o 

"S 

Is 

0    O      . 

(S.S  a 

(S 

u 

(9 

li 

gg 
Ess 

Nature    and    con- 
sideration   of    the 
debt,  and  whether 
any        judgment, 
bond,    bill    of    ex- 
change,       promis- 
sory note,  etc.,  and 
w  h  e  t  h  e  r      con- 
tracted as  partner 
or    joint    contrac- 
tor with  any  other 
person;  and,  if  so, 
with   whom. 

Amount. 

$         C. 

Total 

-,  Petitioner. 


Form  631 


Cowdery's  Form  Book. 


224 


Schedule  "A"  (4). 
Liabilities  on  Notes  or  Bills  Discounted  Which  Ought  to  he  Paid  by 
the  Drawers,  Makers,  Acceptors,  or  Indorsers. 
[N.  B.— The  dates  of  the  notes  or  bills,  and  when  due,  with  the  names, 
residences,  and  the  business  or  occupation  of  the  drawers,  makers,  or 
acceptors  thereof,  are  to  be  set  forth  under  the  names  of  the  holders. 
If  the  names  of  the  holders  are  not  known,  the  name  of  the  last  holder 
known  to  the  debtor  shall  be  stated,  and  his  business  and  place  of  resi- 
dence. The  same  particulars  as  to  noics  or  bills  on  which  the  debtor 
is  liable  as  indorser.] 


e  o 

o  a 

0  K 

01  u 

S5    B 

'm  o  2 

^5  a 

a 

o 

a 

u 

.a 

^^ 
Si5 

Nature    of    liabil- 
ity, whether  same 
was  contracted  as 
partner     or     joint 
contractor,  or  with 
any  other  person; 
and,    if    so,    with 
whom. 

Amount. 

1              1 

$ 

c. 

( r::Tzi:::::::::::..:::::........ 

1 

1 

1 

Total.  . .  . 

,  Petitioner. 

Schedule  "A"  (5). 
Accommodation  Paper. 
[N.  B.— The  dates  of  the  notes  or  bills,  and  when  due,  with  the  names 
and  residences  of  the  drawers,  makers,  and  acceptors  thereof,  are  to  be 
set  forth  under  the  names  of  the  holders;  if  the  bankrupt  be  liable  as 
drawer,  maker,  acceptor,  or  indorser  thereof,  it  is  to  be  stated  accord- 
ingly. If  the  names  of  the  holders  are  not  known,  the  name  of  the  last 
holder  known  to  the  debtor  should  be  stated,  with  his  residence.  Same 
particulars  as  to  other  commercial  paper.] 


«M 


a 

<u  v 

■a  P.t; 

(^ 

'4 

o  ai  a 

.a 

a)  ® 

asg 

=S   ai  ?^ 

it 

•n    5    n    o  ■"  .' 


Total. 


Petitioner. 


225 


Bankruptcy. 


Forai  631 


Oath  to  Schedule  "A." 
United  States  of  America, 
District  of 
On  this 


day  of ,  A.  D.  19 — ,  before  me  personally  came 


the  person  mentioned  in  and  who  subscribed  to  the  foregoing  schedule, 
and  who,  being  by  me  first  duly  sworn,  did  declare  the  said  schedul'^ 
to  be  a  statement  of  all  his  debts,  in  accordance  with  the  acts  of  Con- 
gress relating  to  bankruptcy. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19 — . 


[Official  character.] 
Schedule  "B"  (1). 
Statement  of  All  Property  of  Bankrupt. 
Real  Estate. 


Location  and  description  of  all  real  estate  owned 
by  debtor  or  keld  by  him. 

P     rH     C3 

Si 

d 

a,  -  0) 
■♦-^  "  ^ 

rt  r  oj 

£■£5 

Estimated 
value. 

$ 

C. 

Total 

Petitioner. 


Schedule  "B"  (2). 
Personal  Property, 


a. 

b. 


h. 


Cash  on  hand 

Bills  of  exchange,  promissory  notes,  or  securities  of 
any  description  (each  to  be  set  out  separately) 

Stock  in  trade,  in  business  of  ,  at  ,  of 

the  par  value  of  

Household  goods  and  furniture,  household  stores, 
wearing  apparel  and  ornaments  of  the  persou, 
viz 

Books,  prints,  and  pictures,  viz _ 

Horses,  cows,  sheep,  and  other  animals  (with  num- 
ber of  each)   viz 

Carriages  and  other  vehicles,  viz 

Farming  stock  and  implements  of  husbandry,  viz 

Shipping  and  shares  in  vessels,  viz 

Machinery,  fixtures,  apparatus,  and  tools  used  in 
business,  with  the  place  where  each  is  situated, 
viz • 

Patents,  copyrights,  and  trademarks,  viz ;••.••• 

Goods  or  personal  property  of  any  other  description, 
with  the  place  where  each  is  situated,  viz 


Total. 


Form  Book — 15 


-,  Petitioner. 


Form  631 


Cowdery's  Form  Book. 


226 


Schedule  "B"  (3). 
Glioses  in  Action. 


Debts  due  petitioner  on  open  account..  | 
Stocks    in    incorporated    companies,    in- 1 

terest  in  joint  stock   companies,   and 

negotiable  bonds  

Policies  of  insurance | 

Unliquidated    claims    of    every    nature,  | 

with  their  estimated  value 

Deposits   of   money   in  banking   institu-[ 

tions,  and  elsewhere 


Total. 


Dollars. 


Cents. 


,  Petitioner. 

Schedule  "B"  (4). 
Property  in  Reversion,  Remainder,  or  Expectancy,  Including  Property 
Held  in  Trust  for  the  Debtor  or  Subject  to  Any  Power  or 
Right  to  Dispose  of  or  to  Charge. 
[N.  B. — A  particular  description  of  each  interest  must  be  entered.     If 
all  or  any  of  the  debtor's  property  has  been  conveyed  by  deed  of  assign- 
ment, or  otherwise,  for  the  benefit  of  creditors,  the  date  of  such  deed 
should  be  stated,  the  name  and  address  of  the  person  to  whom  the  prop- 
erty was  conveyed,  the  amount  realized  from  the  proceeds  thereof,  and 
the  disposal  of  the  same,  as  far  as  known  to  the  debtor.] 


General   Interest. 


Particular 
description. 


Interest  in  land 

Personal  property 

Property  in  money,  stock,  shares,  bonds,  an- 
nuities, etc 

Eights  and  powers,  legacies  and  bequests, . . . 


Property  heretofore   conveyed  for  benefit  of 
creditors. 


What  portion  of  debtor's  property  has  been 
conveyed  by  deed  of  assignment,  or  other- 
wise, for  benefit  of  creditors;  date  of 
such  deed,  name  and  address  of  party 
to  whom  conveyed;  amount  realized  there- 
from and  disposal  of  same,  so  far  as 
known  to  debtor 

"What  sum  or  sums  have  been  paid  to  counsel 
and  to  whom,  for  services  rendered  or  to 
be  rendered  in  this  bankruptcy 


Total. 


Total. 


Supposed  value   of 
my  interest. 


Amount     realized 

from  proceeds  of 

property  conveyed 


Petitioner. 


227 


Bankruptcy. 


FoiTii  631 


Schedule  "B"  (5). 
A  Particular  Statement  of  the  Property  Claimed  as  Exempted  from  the 
Operation  of  the  Acts  of  Congi-ess  Relating  to  Bankruptcy,  Giving 
Eaeli  Item  of  Property  and  Its  Valuation;  and,  if  Any  Portion  of 
It  is  Real  Estate,  Its  Location,  Description,  and  Present  Use. 


Military  uniform,  arms,  and  equipments 

Property  claimed  to  be  exempted  by  state  laws; 
its  valuation;  whetlier  real  or  personal;  its 
description  and  present  use;  and  reference 
given  to  the  statute  of  the  state  creating 
the  exemption  


Total. 


Valuation. 


-,  Petitioner. 


Schedule  "B"  (6). 
Books,  Papers,  Deeds,  and  Writings  Relating  to  Bankrupt's  Business 

and  Estate. 
The  following  is  a  true  list  of  all  books,  papers,  deeds,  and  writings 
relating  to  my  trade  business,  dealings,  estate,  and  effects  or  any  part 
thereof  which  at  the  date  of  this  petition  are  in  my  possession  or  under 
my  custody  and  control,  or  which  are  in  the  possession  or  custody  of 
any  person  in  trust  for  me,  or  for  my  use,  benefit,  or  advantage;  and 
also  of  all  others  which  have  been  heretofore,  at  any  time,  in  my  pos- 
session, or  under  my  custody  or  control,  and  which  are  now  held  by  the 
parties  whose  names  are  hereinafter  set  forth,  with  the  reason  for  their 
custody  of  the  same. 


Books. 
Deeds. 
Papers 


Petitioner. 


Oath  to  Schedule  "B.' 
United  States  of  America, 

District  of ,  ss. 

On  this  ■ 


day  of ,  A.  D.  19 — ,  before  me  personally  came 


the  person  mentioned  in  and  who  subscribed  to  the  foregoing  schedule, 
and  who,  being  by  me  first  duly  sworn,  did  declare  the  said  schedule  to 
be  a  statement  of  all  his  estate,  both  real  and  personal,  in  accordance 
with  the  acts  of  congress  relating  to  bankruptcy. 


[Official  character.] 


Form  632 


Cowdery's  Form  Book. 


228 


Summary  of  Debts  and  Assets. 
(From  tlie  Statements  of  the  Bankrupt  in  Schedules  "A"  and  "B.") 


Schedule  A 


Schedule 
Schedule 
Schedule 


Schedule  A 


Schedule  B 
Schedule  B 


(1)  Taxes  and  debts  due  United  States... 

(2)  Taxes  due     states,     counties,    districts 

and  municipalities 

(3)  Wages   

(4)  Other  debts  preferred  by  law 

Secured  claims  

Unsecured  claims    

Notes  and  bills  which  ought  to  be  paid 

by  other  parties  thereto 

Accommodation  paper 


Schedule  A,  total. 


Schedule  B 


Schedule  B 

Schedule  B 
Schedule  B 


1 

2-a 

2-b 

2-c 

2-d 

2-e 

2-f 

2-g 
2-h 
2-i 

2-3 
2-k 
2-1 
3— a 
3-b 
3-c 
3-d 
3-e 


Eeal  estate 

Cash  on  hand •  • 

Bills,   promissory   notes  and   securities 

Stock  in  trade 

Household  goods,  etc 

Books,  prints,  and  pictures 

Horses,  cows,  and  other  animals 

Carriages  and  other  vehicles 

Farming  stock  and  implements 

Shipping  and  shares  in  vessels 

Machinery,  tools,  etc 

Patents,  copyrights  and  trademarks... 

Other  personal  property 

Debts  due  on  open  accounts 

Stocks,  negotiable  bonds,  etc 

Policies  of  insurance 

Unliquidated  claims   

Deposits  of  money  in  banks  and  else- 
where  

Property  in  reversions,  remainder, 
trust,  etc 

Property  claims  to  be  exempted 

Books,  deeds  and  papers 


Schedule  B,  total. 


No.  632.    Partnership  Petition. 

To  the  Honorable ,  Jud-e  of  the  District  Coui-t  of  the  United  States 

for  the District  of  : 

The  petition  of  respectfully  represents: 

That  your  petitioners  and  have  been  partners  under  the  firm 

name  of  ,  having  their  principal  place  of  business  at  ,  in  the 

county  of  ,  and  district  and  state  of ,  for  the  greater  portion 

of  the  six  months  next  immediately  preceding  the  filing  of  this  petition ; 
that  the  said  partners  owe  debts  which  they  are  unable  to  pay  in  full; 
that  your  petitioners  are  willing  to  surrender  all  their  property  for  the 
benefit  of  their  creditors,  except  such  as  is  exempt  by  law,  and  desire 
to  obtain  the  benefit  of  the  acts  of  Congress  relating  to  bankruptcy. 

That  the  schedule  hereto  annexed,  marked  "A,"  and  verified  by  oath, 
contains  a  full  and  true  statement  of  all  the  debts  of  said  partners,  and, 


229  Bankeuptct.  Form  632 

as  far  as  possible,  the  names  and  places  of  residence  of  their  creditors, 
and  such  further  statements  concerning  said  debts  as  are  required  by  the 
provisions  of  said  acts. 

That  the  schedule  hereto  annexed,  marked  "B,"  verified  by oath, 

contains  an  accurate  inventory  of  all  the  property,  real  and  personal, 
of  said  partners,  and  such  further  statements  concerning  said  properly 
as  are  required  by  the  provisions  of  said  acts. 

And  said further  states  that  the  schedule  hereto  annexed,  marked 

"C,"  verified  by  his  oath,  contains  a  full  and  true  statement  of  all  his 
individual  debts,  and,  as  far  as  possible,  the  names  and  places  of  resi- 
dence of  his  creditors,  and  such  further  statements  concerning  said  debts 
as  are  required  by  the  provisions  of  said  acts;  and  that  the  schedule 
hereto  annexed,  marked  "D,"  verified  by  his  oath,  contains  an  accurate 
inventory  of  all  his  individual  property,  real  and  personal,  and  such 
further  statements  concerning  said  property  as  are  required  bj'  the  pro- 
visions of  said  acts. 

And  said further  states  that  the  schedule  hereto  annexed,  marked 

"E,"  verified  by  his  oath,  contains  a  full  and  true  statement  of  all  his 
individual  debts,  and,  as  far  as  possible,  the  names  and  places  of  resi- 
dence of  his  creditors,  and  such  further  statements  concerning  said  debts 
as  are  required  by  the  provisions  of  said  acts;  and  that  the  schedule 
hereto  annexed,  marked  "F,"  verified  by  his  oath,  contains  an  accurate 
inventory  of  all  his  individual  property,  real  and  personal,  and  such  fur- 
ther statements  concerning  said  property  as  are  required  b5'^  the  provi- 
sions of  said  acts. 

And  said further  states  that  the  schedule  hereto  annexed,  marked 

"G,"  verified  by  his  oath,  contains  a  full  and  true  statement  of  all  his 
individual  debts,  and,  as  far  as  possible,  the  names  and  places  of  resi- 
dence of  his  creditors,  and  such  further  statements  concerning  said  debts 
as  are  required  by  the  provisions  of  said  acts ;  and  that  the  schedule 
hereto  annexed,  marked  "H,"  verified  by  his  oath,  contains  an  accurate 
inventory  of  all  his  individual  property,  real  and  personal,  and  such 
further  statements  concerning  said  property  as  are  required  by  the  pro- 
visions of  said  acts. 

And  said further  states  that  the  schedule  hereto  annexed,  marked 

"J,"  verified  by  his  oath,  contains  a  full  and  true  statement  of  all  his 
individual  debts,  and,  as  far  as  possible,  the  names  and  places  of  resi- 
dence of  his  creditors,  and  such  further  statements  concerning  said  debts 
as  are  required  by  the  provisions  of  said  acts;  and  that  the  schedule 
hereto  annexed,  marked  "K,"  verified  by  his  oath,  contains  an  accurate 
inventory  of  all  his  individual  property,  real  and  personal,  and  such 
further  statements  concerning  said  property  as  are  required  by  the  pro- 
visions of  said  acts. 

Wherefore  your  petitioners  pray  that  the  said  firm  may  be  adjudged 
by  a  decree  of  the  court  to  be  bankrupts  within  the  purview  of  said  acts. 


Attorney. 


Form  633  Cowdery's  Form  Book.  230 

-,  the  petitioning  debtors  mentioned  and  described  in  the  forego- 


ing petition,  do  hereby  make  solemn  oath  that  the  statements  contained 
therein  are  true  according  to  the  best  of  their  knowledge,  information, 
and  belief.  


Petitioners. 
Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19—. 

[Official  character.] 
[Schedules  to  be  annexed.] 

No.  633.    Creditors'  Petition. 

To  the  Honorable ,  Judge  of  the  District  Court  of  the  United  States 

for  the  District  of : 

The  petition  of  ,  of  ,  and  ,  of  ,  and  of  , 

respectfully  shows: 

That  ,  of  ,  has  for  the  greater  portion  of  six  months  next 

preceding  the  date  of  filing  this  petition,  had  his  principal  place  of  busi- 
ness, [or  resided,  or  had  his  domicile]  at  ,  in  the  county  of  

and  state  and  district  aforesaid,  and  owes  debts  to  the  amount  of  $1,000. 

That  your  petitioners   are  creditors   of  said  ,   having  provable 

claims  amounting  in  the  aggregate,  in  excess  of  securities  held  by  them, 
to  the  sum  of  $500.  That  the  nature  and  amount  of  your  petitioners' 
claims  are  as  follows:  . 

And  your  petitioners  further  represent  that  said  is  insolvent, 

and  that  within  four  months  next  preceding  the  date  of  this  petition 

the  said committed  an  act  of  bankruptcy,  in  that  he  did  heretofore, 

to  wit,  on  the day  of :  . 

Wherefore  your  petitioners  pray  that  service  of  this  petition,  with  a 

subpoena,  may  be  made  upon ,  as  provided  in  the  acts  of  Congi-ess 

relating  to  bankruptcy,  and  that  he  may  be  adjudged  by  the  court  to 
be  a  bankrupt  within  the  purview  of  said  acts. 


-,  Attorney.  Petitioners. 


United  States  of  America, 

District  of  ,  ss. 

^  ,  ,  being  three  of  the  petitioners   above  named,   do 

hereby  make  solemn  oath  that  the  statements  contained  in  the  forego- 
ing petition,  subscribed  by  them,  are  true. 

Before  me, ,  this day  of ,  19—. 

> 
[OflScial  character.] 

[Schedules  to  be  annexed.] 


231  Bankruptcy.  Forms  634-636 

No.  634.    Order  to  Show  Cause  upon  Creditors'  Petition. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of . 

Upon  consideration  of  the  petition  of  ,  that  be  declared  a 

banki-upt,  it  is  ordered  that  the  said do  appear  at  this  court,  as  a 

court  of  bankruptcy,  to  be  holden  at  ,  in  the  district  aforesaid,  on 

the day  of ,  at o'clock  in  the noon,  and  show  cause, 

if  any  there  be,  why  the  prayer  of  said  petition  should  not  be  granted; 
and 

It  is  further  ordered  that  a  copy  of  said  petition,  together  with  a  writ 
of  subpoena,  be  served  on  said ,  by  delivering  the  same  to  him  per- 
sonally', or  by  leaving  the  same  at  his  last  usual  place  of  abode  in  said 
district,  at  least  five  days  before  the  day  aforesaid. 

Witness  the  Honorable  ,  judge  of  the  said  court,  and  the  seal 

thereof,  at ,  in  said  district,  on  the day  of ,  A.  D.  19 — . 

[Seal  of  the  court]  • ,  Clerk. 

No.  635.    Subpoena  to  AUeged  Bankrupt. 
United  States  of  America, 

District  of . 

To  ,  in  said  District,  Greeting: 

For  certain  causes  offered  before  the  district  court  of  the  United 

States  of  America  within  and  for  the district  of ,  as  a  court  of 

bankruptcy,  we  command  and  strictly  enjoin  you,  laying  all  other  mat- 
ters aside  and  notwithstanding  any  excuse,  that  you  personally  appear 

before  our  said  district  court  to  be  holden  at ,  in  said  district,  on 

the day  of ,  A.  D.  19 — ,  to  answer  to  a  petition  filed  by 

,  in  our  said  court,  praying  that  you  may  be  adjudged  a  bankrupt; 

and  to  do  further  and  receive  that  which  our  said  district  court  shall 
consider  in  his  behalf.  And  this  you  are  in  no  wise  to  omit,  under  the 
pains  and  penalties  of  what  may  befall  thereon. 

Witness  the  Honorable  ,  judge  of  the  said  court,  and  the  seal 

thereof,  at ,  this day  of ,  A.  D.  19 — . 

[Seal  of  the  court]  ,  Clerk. 

No.  636.     Order  for  Jury  Trial. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of . 

At ,  in  said  district,  on  the day  of ,  19 — . 

Upon  the  demand  in  writing  filed  by  ,  alleged  to  be  a  bankrupt, 

that  the  fact  of  the  commission  by  him  of  an  act  of  bankruptcy,  and  the 
fact  of  his  insolvency  may  be  inquired  of  by  a  jury,  it  is  ordered,  that 
said  issue  be  submitted  to  a  jury. 

[Seal  of  the  court]  ,  Clerk. 


Forms  637, 638  Cowdery's  Form  Book:  282 

No.  637.     Special  Warrant  to  Marshal. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of  . 

To  the  Marshal  of  Said  District  or  to  Either  of  His  Deputies,  Greeting: 

Wliereas  a  petition  for  adjudication  of  bankruptcy  was,  on  the  

(if,y  of ,  A.  D.  19 — ,  filed  against  ,  of  the  county  of  and 

state  of  ,  in  said  district,  and  said  petition  is  still  pending;  and 

whereas  it  satisfactorily  appears  that  said has  committed  an  act  of 

bankruptcy  (or  has  neglected  or  is  neglecting,  or  is  about  to  so  neglect 
his  property  that  it  has  thereby  deteriorated  or  is  thereby  deteriorating 
or  is  about  thereby  to  deteriorate  in  value),  you  are  therefore  authorized 
and  required  to  seize  and  take  possession  of  all  his  deeds,  books  of 
account,  and  papers,  and  to  hold  and  keep  the  same  safely  subject  to 
the  further  order  of  the  court. 

Witness  the  Honorable  ,  judge  of  the  said  court,  and  the  seal 

thereof,  at ,  in  said  district,  on  the day  of ,  A,  D.  19—. 

[Seal  of  the  court]  ,  Clerk. 

No.  638.    Bond  of  Petitioning  Creditor. 

Know  all  men  by  these  presents:   That  we  ,  as  principal,  and 

-,  as  sureties,  are  held  and  firmly  bound  unto  ,  in  the  full  and 

just  sum  of dollars,  to  be  paid  to  the  said ,  executors,  adminis- 
trators, or  assigns,  to  which  payment,  well  and  truly  to  be  made,  we 
bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and 
severally,  by  these  presents. 

Signed  and  sealed  this  day  of ,  A.  D.  19 — . 

The  condition  of  this  obligation  is  such  that  whereas  a  petition  in 
bankruptcy  has  been  filed  in  the  district  court  of  the  United  States 

for  the  district  of  against  the  said  ,  and  the  said 

has  applied  to  that  court  for  a  warrant  to  the  marshal  of  said  district 

directing  him  to  seize  and  hold  the  property  of  said  ■ ,  subject  to  the 

further  orders  of  said  district  court. 

Now,  therefore,  if  such  warrant  shall  issue  for  the  seizure  of  said 

property,  and  if  the  said  shall  indemnify  the  said  for  such 

damages  as  he  shall  sustain  in  the  event  such  seizure  shall  prove  to 
liave  been  wrongfully  obtained,  then  the  above  obligation  to  be  void  ; 
otherwise  to  remain  in  full  force  and  virtue. 


Sealed  and  delivered  in  the  presence  of  — 

[  Acknowledgment.  ] 

[Justification  of  sureties.] 

Approved  this day  of ,  A.  D.  19- 


[Seal] 
[Seal] 
[Seal] 


,  District  Judge. 


233  Bankruptcy.  Forms  639-670 

No.  639.    Bond  to  Marshal. 

Know  all  men  by  these  presents:  That  we,  ,  as  principal,  and 

,  as  sureties,  are  held  and  firmly  bound  unto  ,  marshal  of  the 

United  States  for  the district  of ,  in  the  full  and  just  sum  of 

dollars,  to  be  paid  to  the  said  ,  his  executors,  administrators, 

or  assigns,  to  which  payment,  well  and  truly  to  be  made,  we  bind  our- 
selves, our  heirs,  executors  and  administrators,  jointly  and  severally,  by 
these  presents. 

Signed  and  sealed  this day  of ,  A.  D.  19 — . 

The  condition  of  this  obligation  is  such  that  whereas  a  petition  in 
bankruptcy  has  been  filed  in  the  district  court  of  the  United  States  for 

the  district  of  ,  against  the  said  ,  and  the  said  court  has 

issued  a  warrant  to  the  marshal  of  the  United  States  for  said  district, 

directing  him  to  seize  and  hold  property  of  the  said  ,  subject  to 

the  further  order  of  the  court,  and  the  said  property  has  been  seized 
by  said  marshal  as  directed,  and  the  said  district  court  upon  a  petition 
of  said  has  ordered  the  said  property  to  be  released  to  him. 

Now,  therefore,  if  the  said  property  shall  be  released  according  to  the 

said ,  and  the  said ,  being  adjudged  a  bankrupt,  shall  turn  over 

said  property  or  pay  the  value  thereof  in  money  to  the  trustee,  then 
the  above  obligation  to  be  voidj  otherwise  to  remain  in  full  force  and 
virtue. 

[Seal] 

[Seal] 

[Seal] 

Sealed  and  delivered  in  the  presence  of . 

[  Acknowledgment.] 
[Justification  of  sureties.] 

Approved  this  day  of  ,  A.  D.  19 — . 

,  District  Judge. 

No.  670.    Adjudication  that  Debtor  is  not  Bankrupt. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of . 

At ,  in  said  district,  on day  of ,  A.  D.  19 — ,  before  the 

Honorable  ,  judge  of  the  district  of  . 

This  cause  came  on  to  be  heard  at ,  in  said  court,  upon  the  peti- 
tion of  that  be  adjudged  a  bankrupt  within  the  true  intent 

and  meaning  of  the  acts  of  Congress  relating  to  bankruptcy,  and  [here 
state  the  proceedings,  whether  there  was  no  opposition,  or,  if  opposed, 
state  what  proceedings  were  had]. 

And  thereupon,  and  upon  consideration  of  the  proofs  in  said  cause 
(and  the  arguments  of  counsel  thereon,  if  any),  it  was  found  that  the 
facts  set  forth  in  said  petition  were  not  proved;  and  it  is  tlierefore 


Forms  671, 672  Cowdery's  Form  Book.  234 

adjudged  that  said  was  not  a  bankrupt,  and  that  said  petition  be 

dismissed,  with  costs. 

Witness  the  Honorable ,  judge  of  said  court,  and  the  seal  thereof, 

at ,  in  said  district,  on  the day  of ,  A.  D.  19 — . 

[Seal  of  the  court]  ,  Clerk. 

No.  671.    Adjudication  of  Bankruptcy. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19 — ,  before 

the  Honorable  ,  judge  of  said  court  in  bankruptcy,  the  petition  of 

• that be  adjudged  a  bankrupt,  within  the  true  intent  and  mean- 
ing of  the  acts  of  Congress  relating  to  bankruptcy,  having  been  heard 

and  duly  considered,  the  said  is  hereby  declared  and  adjudged 

bankrupt  accordingly. 

Witness  the  Honorable ,  judge  of  said  court,  and  the  seal  thereof, 

at ,  in  said  district,  on  the day  of ,  A.  D.  19 — . 

[Seal  of  the  court]  ,  Clerk. 

No.  672.    Appointment,  Oath  and  Report  of  Appraisers. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

It  is  ordered  that  ,  of  ,  ,  of  ,  and  of  , 

three  disinterested  persons,  be,  and  they  are  hereby,  appointed  apprais- 
ers to  appraise  the  real  and  personal  property  belonging  to  the  estate 
of  the  said  bankrupt  set  out  in  the  schedules  now  on  file  in  this  court, 
and  report  their  appraisal  to  the  court,  said  appraisal  to  be  made  as 
soon  as  may  be,  and  the  appraisers  to  be  duly  sworn. 

Witness  my  hand  this day  of ,  A.  D.  19 — . 

,  Referee  in  Bankruptcy. 

District  of ,  ss. 

Personally  appeared  the  within  named  and  severally  made  oath 

that  they  will  fully  and  fairly  appraise  the  aforesaid  real  and  personal 
property  according  to  their  best  skill  and  judgment. 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19- 


[OfiBcial  character.] 
We,  the  undersigned,  having  been  notified  that  we  were  appointed  to 
estimate  and  appraise  the  real  and  personal  property  aforesaid,  have 


235  Bankruptcy.  Forms  673, 674 

attended  to  the  duties  assigned  us,  and  after  a  strict'  examination  and 
careful  inquiry,  we  do  estimate  and  appraise  the  same  as  follows: 


Dollars.    I      Cents. 

I 


In  witness  whereof  v.e  have  hereunto  set  our  hands,  at  ,  thii 

—  day  of ,  A.  D.  19—. 


No.  673.    Order  of  Reference. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

Whereas  ,  of ,  in  the  county  of ,  and  district  aforesaid, 

on  the  day  of  ,  A.  D.  19 — ,  was  duly  adjudged  a  bankrupt 

upon  a  petition  filed  in  this  court  by  [or  against]  him  on  the day 

of ,  A.  D.  19 — ,  according  to  the  provisions  of  the  acts  of  Congress 

relating  to  bankruptcy. 

It  is  thereupon  ordered,  that  said  matter  be  referred  to  ,  one  of 

the  referees  in  bankruptcy  of  this  court,  to  take  such  further  proceed- 
ings therein  as  are  required  by  said  acts;  and  that  the  said shall 

attend  before  said  referee  on  the day  of ,  at ,  and  thence- 
forth shall  submit  to  such  orders  as  may  be  made  by  said  referee  or  by 
this  court  relating  to  said  bankruptcy. 

Witness  the  Honorable  ,  judge  of  the  said  court,  and  the  seal 

thereof,  at ,  in  said  district,  on  the day  of ,  A.  D.  19 — . 

[Seal  of  the  court]  ,  Clerk, 

No.  674.     Order  of  Reference  in  Judge's  Absence. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 


In  the  IMatter  of  , 

Whereas  on  the  day  of  ,  A.  D.  19—,  a  petition  was  filed 

to  have  ,  of  ,  in  the  county  of  and   district   aforesaid, 

adjudged  a  bankrupt  according  to  the  provisions  of  the  acts  of  Congress 
relating  to  bankruptcy;  and  whereas  the  judge  of  said  court  was  absent 
from  said  district  at  the  time  of  filing  said  petition  [or,  in  case  of  in- 
voluntary bankruptcy,  on  the  next  day  after  the  last  day  on  which 
pleadings  might  have  been  filed,  and  none  have  been  filed  by  the  bank- 
rupt  or  any  of  his  creditors],  it  is   thereupon   ordered   that  the   said 

matter  be  referred  to  ,  one  of  the  referees  in  bankruptcy  of  this 

court,  to  consider  said  petition  and  take  such  proceedings  therein  as  arc 


Forms  675,  G76  Cowdery's  Form  Book.  236 

required  by  said  acts;  and  that  the  said  shall  attend  before  said 

referee  on  the day  of ,  A.  D.  19 — ,  at . 

Witness  my  hand  and  the  seal  of  the  said  court,  at ,  in  said  dis- 
trict, on  the day  of ,  A.  D.  19 — . 

[Seal  of  the  court]  ,  Clerk. 

No.  675.    Bond  of  Pveferee. 

KJnow  all  men  by  these  presents:  That  we,  ,  of  ,  as  prin- 
cipal, and  of and  ,  of  ,  as  sureties,  are  held  and 

firmly  bound  to  the  United  States  of  America  in  the  sum  of dollars, 

lawful  money  of  the  United  States,  to  be  paid  to  the  said  United  States, 
for  the  payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors  and  administrators,  jointly  and  severally,  by  these 
presents. 

Signed  and  sealed  this day  of ,  A.  D.  19 — . 

The  condition  of  this  obligation  is  such  that  whereas  the  said  

has  been  on  the day  of ,  A.  D.  19 — ,  appointed  by  the  Honor- 
able   ,  judge  of  the  district  court  of  the  United  States  for  the 

district  of ,  a  referee  in  bankruptcy,  in  and  for  the  county  of , 

in  said  district,  under  the  acts  of  Congress  relating  to  bankruptcy. 

Now,  therefore,  if  the  said  shall  well  and  faithfully  discharge 

and  jjerform  all  the  duties  pertaining  to  the  said  office  of  referee  in 
bankruptcy,  then  this  obligation  to  be  void;  otherwise  to  remain  in  full 
force  and  virtue. 

(L.  S.) 

(L.  S.) 

(L.  S.) 

Signed  and  sealed  in  the  presence  of         ■. 
[Acknowledgment.] 

[Justification  of  sureties.] 

Approved  this day  of ,  A.  D.  19 — , 

— — ,  District  Judge. 

No.  676.    Referee's  Oath  of  OfBce. 

I,  ,  do  solemnly  swear  that  I  will  administer  justice  without  re- 
spect to  persons,  and  do  equal  right  to  the  poor  and  to  the  rich,  and 
that  I  will  faithfully  and  impartially  discharge  and  perform  all  the 
duties  incumbent  on  me  as  referee  in  bankruptcy,  according  to  the  best 
of  my  abilities  and  understanding,  agreeably  to  the  constitution  and 
laws  of  the  United  States.     So  help  me  God. 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19- 

• ,  District  Judge. 


237  Bankruptcy.  Forms  677-679 

No.  677.    Notice  of  First  Meeting  of  Creditors. 

In  the  District  Coui-t  of  the  United  States  for  the District  of , 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

To  the  creditors  of  ,  of  ,  in  the  County  of  and  district 

aforesaid,  a  bankrupt : 

Notice  is  hereby  given  that  on day  of ,  A.  D.  19 — ,  the  said 

was  duly  adjudicated  bankrupt;  and  that  the  first  meeting  of  his 

creditors  will  be  held  at  in  ,  on  the  day  of  ,  A.  D. 

19 — ,  at o'clock  in  the noon,  at  which  time  the  said  creditors 

may  attend,  prove  their  claims,  appoint  a  trustee,  examine  the  bank- 
rupt, and  transact  such  other  business  as  may  properly  come  before 
said  meeting. 

'  *  ,  Referee  in  Bankruptcy. 

No.  678.     Certificate  by  Referee  to  Judge. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

I,  ,  one  of  the  referees  of  said  court  in  bankruptcy,  do  hereby 

certify  that  in  the  course  of  the  proceedings  in  said  cause  before  me 
the  following  question  arose  pertinent  to  the  said  proceedings:  [Here 
state  tlie  question,  a  summary  of  the  evidence  relating  thereto,  and  the 
finding  and  order  of  the  referee  thereon.] 

And  the  said  question  is  certified  to  the  judge  for  his  opinion  tlicreon. 

Dated  at  ,  the  day  of  ,  A.  D.  19 — . 

,  Referee  in  Bankruptcy. 

No.  679.    List  of  Debts  Proved  at  Tirst  Meeting. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankri;pt. 

At ,  in  said  district,  on  the  day  of ,  A.  D.  19 — ,  before 

,  referee  in  bankruptcy. 

The  following  is  a  list  of  creditors  who  have  this  day  proved  their 
debts : 

Names  of  creditors.  Residence.  Debts  proved. 


Dollars.       Cents. 


-,  Referee  in  Bankruptcy. 


Forms  680, 681  Cowdery's  Form  Book.  23« 

No.  680.    General  Letter  of  Attorney  in  Fact  When  Creditor  is  not 
Represented  by  Attorney  at  Law. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

To  , 


I,  ,  of ,  in  the  county  of and  state  of ,  do  hereby 

authorize  you,  or  any  one  of  you,  to  attend  the  meeting  or  meetings 
of  creditors  of  the  bankrupt  aforesaid  at  a  court  of  bankruptcy,  wher- 
ever advertised  or  directed  to  be  holden,  on  the  day  and  at  the  hour 
appointed  and  notified  by  said  court  in  said  matter,  or  at  such  other 
place  and  time  as  may  be  appointed  by  the  court  for  holding  such  meet- 
ing or  meetings,  or  at  which  such  meeting  or  meetings,  or  any  ad- 
journment or  adjournments  thereof  may  be  held,  and  then  and  there 
from  time  to  time,  and  as  often  as  there  may  be  occasion,  for  me  and 
in  my  name  to  vote  for  or  against  any  proposal  or  resolution  that  may 
be  then  submitted  under  the  acts  of  Congress  relating  to  bankruptcy; 
and  in  the  choice  of  trustee  or  trustees  of  the  estate  of  the  said  bank- 
rupt, and  for  me  to  assent  to  such  appointment  of  trustee;  and  with 
like  powers  to  attend  and  vote  at  any  other  meeting  or  meetings  of 
creditors,  or  sitting  or  sittings  of  the  court,  which  may  be  held  therein 
for  any  of  the  purposes  aforesaid;  also  to  accept  any  composition  pro- 
posed by  said  bankrupt  in  satisfaction  of  his  debts,  and  to  receive  pay- 
ment of  dividends  and  of  money  due  me  under  any  composition,  and 
for  any  other  purpose  in  my  interest  whatsoever,  with  full  power  of 
substitution. 

In  witness  whereof  I  have  hereunto  signed  my  name  and  affixed  my 

seal  the  day  of  ,  A.  D,  19 — . 

[L.  S.] 


Signed,  sealed,  and  delivered  in  presence  of . 

Acknowledged  before  me  this day  of ,  A.  D.  19 — . 

[Official   character.] 

No.  681.    Special  Letter  of  Attorney  in  Fact. 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

To . 


I  hereby  authorize  you,  or  any  one  of  yon,  to  attend  the  meeting  of 

creditors  in  this  matter,  advertised  or  directed  to  be  holden  at ,  on 

the  day  of  ,  before  ,  or  any  adjournment  thereof,  and 

then  and  there  for and  in name  to  vote  for  or  against 

any  proposal  or  resolution  that  may  be  lawfully  made  or  passed  at 


239  Bankruptcy.  Forms  682, 683 

such  meeting  or  adjourned  meeting,  and  in  the  choice  of  trustee  or 
trustees  of  the  estate  of  the  said  bankrupt. 

[L.  S.] 

In  witness  whereof  I  have  hereunto  signed  my  name  and  affixed  my 
seal  the day  of ,  A.  D.  19 — . 

Signed,  sealed,  and  delivered  in  presence  of . 

Acknowledged  before  me  this  day  of ,  A.  D.  19 — . 


[Official  character.] 

No.  682.    Appointment  of  Trustee  by  Creditors, 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19—,  before 

,  referee  in  bankruptcy. 

This  being  the  day  appointed  by  the  court  for  the  first  meeting  of 
creditors  in  the  above  bankruptcy,  and  of  which  due  notice  has  been 
given  in  the  [here  insert  the  name  of  the  newspapers  in  which  notice 
was  published],  we,  whose  names  are  hereunder  written,  being  the 
majority  in  number  and  in  amount  of  claims  of  the  creditors  of  the 
said  bankrupt,  Avhose  claims  have  been  allowed,  and  who  are  present 

at  this  meeting,  do  hereby  appoint ,  of ,  in  the  county  of 

and  state  of ,  to  be  trustee  of  the  said  bankrupt's  estate  and  effects. 


Signatures  of  creditors.  Residence  of  the  same. 


Amount  of  debt. 


Dols.      1      Cts. 
I 


Ordered  that  the  above  appointment  of  trustee  be,  and  the  same  is 

hereby,  approved. 

,  Referee  in  Bankruptcy. 

No.  683.    Appointment  of  Trustee  by  Referee. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of  ,  Bankrupt. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19—,  before 

referee  in  bankruptcy. 


This  being  the  day  appointed  by  the  court  for  the  first  meeting  of 
creditors  under  the  said  bankruptcy,  and  of  which  due  notice  has  been 
given  in  the  [here  insert  the  name  of  the  newspapers  in  which  notice 
Avas  published],  I,  the  undersigned  referee  of  the  said  court  in  bank- 
ruptcy, sat  at  the  time  and  place  above  mentioned,  pursuant  to  such 
notice,  to  take  the  proof  of  debts  and  for  the  choice  of  trustee  under 


Form  684  Cowdery's  Form  Book.  240 

the  said  bankruptcy;  and  I  do  hereby  certify  that  the  creditors  whose 
claims  liad  been  allowed  and  were  present,  or  duly  represented,  failed 
to  make  choice  of  a  trustee  of  said  bankrupt's  estate,  and  therefore  I 
do  hereby  appoint  ,  of  ^  in  the  county  of  and  state  of 


-,  as  trustee  of  the  same. 


-,  Referee  in  Bankruptcy. 


No.  684.    Bond  of  Trustee. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

Know  all  men  by  these  presents:  That  we,  ,  of  ,  as  prin- 
cipal, and  Massachusetts  Bonding  and  Insurance  Company,  a  corpora- 
tion duly  organized  and  doing  business  under  and  by  virtue  of  the 
laws  of  the  commonwealth  of  Massachusetts,  and  duly  licensed  for 
the  purpose  of  making,  guaranteeing  or  becoming  a  surety  upon  bonds 
or  undertakings  required  or  authorized  by  the  laws  of  the  state  of 
California,  and  duly  qualified  for  the  purpose  of  making,  guaranteeing 
or  becoming  surety  upon  bonds  or  undertakings  required  or  authorized 
by  the  laws  of  the  United  States  of  America,  as  surety,  are  held  and 

firmly  bound  unto  the  United  States  of  America  in  the  sum  of  

dollars,  in  lawful  money  of  the  United  States,  to  be  paid  to  the  said 
United  States,  for  which  payment,  well  and  truly  to  be  made,  we  bind 
ourselves,  and  our  heirs,  executors,  administrators  and  successors, 
jointly  and  severally,  by  these  presents. 

Signed  and  sealed  tliis  day  of ,  A.  D.  19 — . 

The  condition  of  this  obligation  is  such,  that  whereas  the  above-named 

was,  on  the  day  of  A.  D.  19 — ,  appointed  trustee  in 

the  case  pending  in  bankruptcy  in  said  court,  wherein is  the  bank- 
rupt, and  he,  the  said  ,  has  accepted  said  trust  with  all  the  duties 

and  obligations  pertaining  thereunto; 

Now,  therefore,  if   the    said  trustee    as    aforesaid,    shall    obey 

such  orders  as  said  court  may  make  in  relation  to  said  trust,  and  shall 
faithfully  and  truly  account  for  all  the  monej^s,  assets  and  effects  of 
the  estate  of  said  bankrupt  which  shall  come  into  his  hands  and  posses- 
sion, and  shall  in  all  respects  faithfully  perform  all  his  official  duties 
as  said  trustee,  then  this  obligation  to  be  void;  otherwise  to  remain  in 
full  force  and  virtue. 

[Seal] 

By  ,  Its  Attorney  in  Fact. 

Attest;  ,  Its  Attorney  in  Fact. 

Signed  and  sealed  in  presence  of 


241  Bankruptcy.  Forms  685-68tf 

ITo.  385.    Notice  to  Trustee  of  His  Appointment 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

Tn  the  Matter  of ,  Bankrupt. 

To  ,  of  ,  in  the  County  of  ,  and  district  aforesaid: 

I  hereby  notify  you  that  you  were  duly  appointed  trustee  [or  one  of 
the  trustees]   of  the  estate  of  the  above-named  bankrupt  at  the  first 

meeting  of  the  creditors,  on  the  day  of  ,  A.  D.  19 — ,  and  I 

have  approved  said  appointment.     The  penal  sum  of  your  bond  to  such 

trustee  has  been  fixed  at  dollars.     You  are  required  to  notify  mo 

forthwith  of  your  acceptance  or  rejection  of  the  trust. 

Dated  at the day  of ,  A.  D.  19—. 

,  Referee  in  Bankruptcy. 

No.  686.    Order  that  No  Trustee  be  Appointed. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

It  appearing  that  the  schedule  of  the  bankrupt  discloses  no  assets, 
and  that  no  creditor  has  appeared  at  the  first  meeting,  and  that  the 
appointment  of  a  trustee  of  the  bankrupt's  estate  is  not  now  desirable, 
it  is  hereby  ordered  that,  until  further  order  of  the  court,  no  trustee 
be  appointed  and  no  other  meeting  of  the  creditors  be  called. 

,  Referee  in  Bankruptcy. 

No.  687.    Account  of  Trustee. 

The  Estate  of ,  Bankrupt,  in  Account  With ,  Trustee. 

Dr.  Ct- 

[Here  follows  statement  of  account.] 

No.  688.    Oath  to  Final  Account  of  Trustee. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of  ,  Bankrupt. 

On  this day  of ,  A.  D.  19—,  before  me  comes of , 

in  the  county  of and  state  of ,  and  makes  oath,  and  says  that 

he  was,  on  the  day  of ,  A.  D.  19—,  appointed  trustee  of  the 

estate  and  the  effects  of  above-named  bankrupt,  and  that  as  such 
trustee   he   has    conducted   the    settlement   of   the    said    estate.     That 

the  account  hereto  annexed  containing  sheets  of  paper,  the  first 

sheet   whereof   is   marked   with   the   letter  [reference    may   her( 

also  be  made  to  any  prior  account  filed  by  said  trustee]  is  true,  and 
such  account  contains  entries  of  every  sum  of  money  received  by  said 
trustee  on  account  of  the  estate  and  effects  of  the  above-named  bank- 
rupt, and  that  the  payments  purporting  in  such  account  to  have  been 
made  by  said  trustee  have  been  so  made  by  him.     And  he  asks  to  be 

Form  Boc^k — 16 


Forms  689-691  Cowdery's  Form  Book.  242 

allowed  for  said  payments  and  for  commissions  and  expenses  as  charged 
in  said  accounts. 

,  Trustee. 

Subscribed  and  sworn  to  before  me  at ,  in  said District  of 

,  this day  of ,  A.  D.  191—. 


[Official  character.] 

No.  689.    Order  Allowing  Account  and  Discharging  Trustee. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

The  foregoing  account  having  been  presented  for  allowance,  and 
having  been  examined  and  found  correct,  it  is  ordered,  that  the  same 
be  allowed,  and  that  the  said  trustee  be  discharged  of  his  trust. 

,  Referee  in  Bankruptcy. 

No.  690.    Petition  for  Removal  of  Trustee. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

To  the  Honorable ,  Judge  of  the  District  Court  of  the District 

of : 

The  petition  of  ,  one  of  the  creditors  of  said  bankrupt,  respect- 
fully represents  that  it  is  for  the  interest  of  the  estate  of  said  bank- 
rupt that ,  heretofore  appointed  trustee  of  said  bankrupt's  estates, 

should  be  removed  from  his  trust,  for  the  causes  following,  to  wit: 
[Here  set  forth  the  particular  cause  or  causes  for  which  said  removal 
is  requested.] 

Wherefore  prays  that  notice  may  be  served  upon  said  , 

trustee  as  aforesaid,  to  show  cause,  at  such  time  as  may  be  fixed  by 
the  court,  why  an  order  should  not  be  made  removing  him  from  said 

trust. 

[Signature.] 

No.  691.    Notice  of  Petition  for  Removal  of  Trustee. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  on  the day  of ,  A.  D.  191—. 

To ,  Trustee  of  the  Estate  of ,  Bankrupt: 

You  are  hereby  notified  to  appear  before  this  coixrt,  at  ,  on  the 

day  of ,  A.  D.  19 — ,  at  o'clock  —  M.,  to  show  cause  (if 

any  you  have)  why  you  should  not  be  removed  from  your  trust  as 
trustee  as  aforesaid,  according  to  the  prayer  of  the  petition  of ,  one 


243  Bankruptcy.  Forms  692, 693 

of  the  creditors  of  said  bankrupt,  filed  in  this  cause  on  the day  of 

,  A.  D.  19—,  in  which  it  is  alleged  [here  insert  the  allegation  of 

the  petition]. 

,  Clerk. 

No.  692.    Order  for  Removal  of  Trustee. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

Whereas  ,  of  ,  did,  on  the  day  of  ,  A.  D.  19—, 

present  his  petition  to  this  court,  praying  that  for  the  reasons  therein 

set  forth, ,  the  trustee  of  the  estate  of  said  ,  bankrupt,  might 

be  removed: 

Now,  therefore,  upon  reading  the  said  petition  of  the  said ,  and 

the  evidence  submitted  therewith,  and  upon  hearing  counsel  on  behalf 
of  said  petitioner,  and  counsel  for  the  trustee,  and  upon  the  evidence 
submitted  on  behalf  of  said  trustee. 

It  is  ordered  that  the  said be  removed  from  the  trust  as  trustee 

of  the  estate  of  said  bankrupt,  and  that  the  costs  of  the  said  petitioner 

incidental  to  said  petition  be  paid  by  said ,  trustee  [or,  out  of  the 

estate  of  the  said ,  subject  to  prior  charges]. 

Witness  the  Honorable  ,  Judge  of  the  said  court,  and  the  seal 

thereof,  at ,  in  said  district,  on  the day  of ,  A.  D.  191—. 

[Seal  of  the  court] 

,  Clerk. 

No.  693.    Order  for  Choice  of  New  Trustee. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At  ,  on  the day  of ,  A.  D.  19—. 

Whereas  by  reason  of  the  removal    [or  the  death  or  resignation] 

of ,  heretofore  appointed  trustee  of  the  estate  of  said  bankrupt,  a 

vacancy  exists  in  the  office  of  said  trustee, 

It  is  ordered,  that  a  meeting  of  the  creditors  of  said  bankrupt  be 

held  at  ,  in  ,  in  said  district,  on  the  day  of  ,  A,  D. 

19 — ^  for  the  choice  of  a  new  trustee  of  said  estate. 

And  it  is  further  ordered  that  notice  be  given  to  said  creditors  of  the 
time,  place,  and  purpose  of  said  meeting,  by  letter  to  each,  to  be  de- 
posited in  the  mail  at  least  ten  days  before  that  day. 

f  Referee  in  Bankruptcy. 


Forms  694-696 


Cowdery's  Form  Book. 


244 


No.  694.    List  of  Claims  and  Dividends  to  "be  Recorded  by  Referee 
and  by  Him  Delivered  to  Trustee. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19 — . 

A  List  of  Debts  Proved  and  Claimed  Under  the  Bankruptcy  of  , 

With Dividend  at  the  Rate  of  Per  Cent  This  Day  De- 


cl 

eferee  in  Bankruptcy. 

No. 

Creditors. 
[To     be    placed    alphabetically, 
and  the  names  of  all  the  par- 
ties to  the  proof  to  be  care- 
fully set  forth.] 

Sum  Proved. 

Dividend. 

Dollars. 

Cents. 

Dollars. 

C«nti. 

Referee  in  Bankruptcy. 


No.  695.    Notice  of  Dividend  in  Bankruptcy. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  on  the day  of ,  A.  D.  19 — . 

To  ,  Creditor  of  ,  Bankrupt. 

I  hereby  inform  you  that  you  may,  on  application  at  my  office, , 

on  the  day  of ,  or  on  any  day  thereafter,  between  the  hours 

of ,  receive  a  warrant  for  the dividend  due  to  you  out  of  the 

above  estate.     If  you  cannot  personally  attend,  the  warrant  will  be 
delivered  to  your  order  on  your  filling  up  and  signing  the  subjoined 

letter. 

,  Trustee. 

Creditor's  Letter  to  Trustee. 

To ,  Trustee  in  Bankruptcy  of  the  Estate  of ,  Bankrupt : 


Please  deliver  to 
said  estate  to  me. 


the  warrant  for  dividend  payable  out  of  the 

,  Creditor. 

No.  696.    Order  for  Examination  of  Bankrupt. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  on  the day  of ,  A.  D.  19—. 

Upon  the  application  of  ,  trustee  of  said  bankrupt  [or  creditor 

of  said  bankrupt],  it  is  ordered  that  said  bankrupt  attend  before , 


245  Bankruptcy.  Forms  697-699 

one  of  the  referees  in  bankruptcy  of  this  court,  at  ,  on  the  

day  of ,  at o'clock  in  the noon,  to  submit  to  examination 

under  the  acts  of  Congress  relating  to  bankruptcy,  and  that  a  copy  of 
this  order  be  delivered  to  him,  the  said  bankrupt,  forthwith. 

,  Referee  in  Bankruptcy. 

No.  697.    Examination  of  Bankrupt  or  "Witness. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19 — ,  before 

- — — ,  one  of  the  referees  in  bankruptcy  of  said  court. 

,  of  ,  in  the  county  of  ,  and  state  of  ,  being  dul\ 

sworn  and  examined  at  the  time  and  place  above  mentioned,  upon  his 
oath  says:  [Here  insert  substance  of  examination  of  party.] 

,  Referee  in  Bankruptcy. 

No.  698.    Summons  to  Witnass  in  Bajikniptcy. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

To  : 

Whereas  ,  of ,  in  the  county  of ,  and  state  of ,  has 

been   duly  adjudged  bankrupt,   and  the  proceeding  in  bankruptcy  is 

pending  in  the  district  court  of  the  United  States  for  the district 

of  . 

These  are  to  require  you,  to  whom  this  summons  is  directed,  per- 
sonally to  be  and  appear  before ,  one  of  the  referees  in  bankruptcy 

of  the  said  court,  at  ,  on  the  day  of ,  at  o'clock  in 

the noon,  then  and  there  to  be  examined  in  relation  to  said  bank- 
ruptcy. 

Witness  the  Honorable ,  judge  of  said  court,  and  the  seal  thereof, 

at ,  this day  of ,  A.  D.  19 — . 

■ ,  Clerk. 

No.  699.    Proof  of  Unsecured  Debt. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

At  ,  in    said    district    of  ,  on   the  day   of  ,  A.  D. 

19 — ,  came ,  of ,  in  the  county  of ,  in  said  district  of , 

and  made  oath,  and  says  that ,  the  person  by  (or  against)  whom  a 

X)etition  for  adjudication  of  bankruptcy  has  been  filed,  was,   at  and 
before  the  filing  of  said  petition,  and  still  is,  justly  and  truly  indebted  to 

^;aid  deponent  in  the  sum  of dollars ;  that  the  consideration  of  said 

debt  has  been  paid  (except ) ;  that  there  are  no  setoffs  or  counter- 
claims to  the  same  (except  ) ;  and  that  deponent  has  not,  nor  has 


Forms  700, 701  Cowdery's  Form  Book.  246 

any  person  by  his  order,  or  to  his  knowledge  or  belief,  for  his  use,  had 
or  received  any  manner  of  security  for  said  debt  whatever. 

,  Creditor. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 


[Official  character.] 
No.  700.    Proof  of  Secured  Debt. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district  of ,  on  the day  of ,  A.  D.  19 — , 

came ,  of ,  in  the  county  of ,  in  said  district  of ,  and 

made  oath,  and  says  that ,  the  person  by  (or  against)  whom  a  peti- 
tion for  adjudication  of  bankruptcy  has  been  filed,  was  at  and  before 
the  filing  of  said  petition,  and  still  is,  justly  and  truly  indebted  to  said 

deponent,  in  the  sum  of  dollars;  that  the  consideration  of  said 

debt  is  as  follows ;  that  no  part  of  said  debt  has  been  paid  (except 

) ;  that  there  are  no  setoffs  or  counterclaims  to  the  same  (except 

) ;  and  that  the  only  securities  held  by  this  deponent  for  said  debt 

are  the  following: .  ^     _,., 

°  ,  Creditor. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D. •. 


[Official  character.] 
No.  701.    Proof  of  Debt  Due  Corporation. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district  of ,  on  the day  of ,  A.  D.  19 — , 

came ,  of ,  in  the  county  of ,  and  state  of ,  and  made 

oath,  and  says  that  he  is of  the ,  a  corporation  incori^orated  by 

and  under  the  laws  of  the  state  of  ,  and  carrying  on  business  at 

,  in  the  county  of  and  state  of ,  and  that  he  is  duly  au- 
thorized to  make  this  proof,  and  says  that  the  said ,  the  person  by 

(or  against)  whom  a  petition  for  adjudication  of  bankruptcy  has  been 
filed,  was  at  and  before  the  filing  of  the  said  petition,  and  still  is,  justly 

and  trul}'^  indebted  to  said  corporation  in  the  sum  of dollars ;  that 

the  consideration  of  said  debt  is  as  follows:  ;  that  no  part  of  said 

debt  has  been  paid  (except ) ;  that  there  are  no  setoffs  or  counter- 
claims to  the  same  (except  ) ;  and  that  said  corporation  has  not, 

nor  has  any  person  by  its  order,  or  to  the  knowledge  or  belief  of  said 
deponent,  for  its  use,  had  or  received  any  manner  of  security  for  said 
debt  whatever. 

[Signature  of  said  corporation.] 

Subscribed  and  sworn  to  before  me  this ,  day  of ,  A.  D.  19 — . 

[Official  character.] 


247  Bankruptcy.  Forms  702, 703 

No.  702.    Proof  of  Debt  by  Agent  or  Attorney. 

lu  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district  of ,  on  the day  of ,  A.  D.  19 — , 

came ,  of ,  in  the  county  of ,  and  state  of ,  attorney 

[or  authorized  agent]  of ,  in  the  county  of ,  and  state  of 


and  made  oath,  and  says  that ,  the  person  by  [or  against]  whom  a 

petition  for  adjudication  of  bankruptcy  has  been  filed,  was  at  and  be- 
fore the  filing  of  said  petition,  and  still  is,  justly  and  truly  indebted 

to  the  said  ,  in  the  sum  of dollars;  that  the  consideration  of 

said  debt  is  as  follows:  ;  that  no  part  of  said  debt  has  been  paid 

(except  ) ;  and  that  this  deponent  has  not,  nor  has  any  person  by 

his  order,  or  to  this  deponent's  knowledge  or  belief,  for  his  use, 
had  or  received  any  manner  of  security  for  said  debt  whatever.  And 
this  deponent  further  says,  that  this  deposition  cannot  be  made  by  the 

claimant  in  person  because ;  and  that  he  is  duly  authorized  by  his 

principal  to  make  this  affidavit,  and  that  it  is  within  his  knowledge  that 
the  aforesaid  debt  was  incurred  as  and  for  the  consideration  above 
stated,  and  that  such  debt,  to  the  best  of  his  knowledge  and  belief,  still 
remains  unpaid  and  unsatisfied. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  191 — . 

[OflBcial  character.] 

No.  703.    Proof  of  Secured  Debt  by  Agent. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district,  of ,  on  the day  of ,  A.  D.  19 — , 

came  ,  of ,  in  the  county  of ,  and  state  of  ,  attorney 

[or  authorized  agent]  of ,  in  the  county  of ,  and  state  of , 

and  made  oath,  and  says  that ,  the  person  by  (or  against)  whom  a 

petition  for  adjudication  of  bankruptcy  has  been  filed,  was,  at  and  be- 
fore the  filing  of  said  petition,  and  still  is,  justly  and  truly  indebted 

to  the  said  in  the  sum  of  dollars;  that  the  consideration  of 

said  debt  is  as  follows:  ;  that  no  part  of  said  debt  has  been  paid 

(except  ) ;  that  there  are  no  setoffs  or  counterclaims  to  the  same 

(except ) ;  and  that  the  only  securities  held  by  said for  said 

debt  are  the  following:  ;  and  this  deponent  further  says  that  this 

deposition  cannot  be  made  by  the  claimant  in  person  because ;  and 

that  he  is  duly  authorized  by  his  principal  to  make  this  deposition;  and 
that  it  is  within  his  knowledge  tliat  the  aforesaid  debt  was  incurred  as 
and  for  the  consideration  above  stated. 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19- 

[Official  character.] 


Forms  704,  705 


Cowdery's  Form  Book. 


248 


No.  704.    Affidavit  of  Lost  Bill  or  Note. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

On  this day  of ,  A.  D.  19—,  at ,  came ,  of ,  in 

the  county  of  ,  and  state  of  ,  and  makes  oath  and  says  that 

tlie  bill  of  exchange  [or  note],  the  particulars  whereof  are  underwritten, 

lias  been  lost  under  the  following  circumstances,  to  wit,  ;  and  that 

he,  this  deponent,  has  not  been  able  to  find  the  same ;  and  this  deponent 

further  says  that  he  has  not,  nor  has  the  said  ,  or  any  person  or 

persons  to  their  use,  to  this  deponent's  knowledge  or  belief,  negotiated 
the  said  bill  [or  note],  nor  in  any  manner  parted  with  or  assigned  the 
legal  or  beneficial  interest  therein,  or  any  part  thereof,  and  that  he,  this 
deponent,  is  the  person  now  legally  and  beneficially  interested  in  the 
sam.e. 


Date. 


Drawer  or  Maker. 


Acceptor. 


Sum. 


Subscribed  and  sworn  to  before  me  this 


day  of 


A.  D.  19—. 


[Official  character.] 


No.  705.    Order  Redncing  Claim. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19^. 

Upon  the  evidence  submitted  to  this  court  upon  the  claim  of  

ugainst  said  estate  [and,  if  the  fact  be  so,  upon  hearing  counsel  there- 
on], it  is  ordered,  that  the  amount  of  said  claim  be  reduced  from  the 

smn  of ,  as  set  forth  in  the  affidavit  in  proof  of  claim  filed  by  said 

creditor  in  said  case,  to  the  sum  of ,  and  that  the  latter  named  sum 

be  entered  upon  the  books  of  the  trustee  as  the  true  sum  upon  which 
a  dividend  shall  be  computed   [if  with  interest,  with  interest  thereon 

from  the  day  of ,  A.  D.  19—]. 

f  Referee  in  Banl<;ruptcy. 


249  Bankruptcy.  Forms  706-708 

No.  706.    Order  Espunging  Claim. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19 — . 

Upon  the  evidence  submitted  to  tlie  court  upon  the  claim  of  

against  said  estate  [and  if  the  fact  be  so,  upon  hearing  counsel  there- 
on], it  is  ordered,  that  said  claim  be  disallowed  and  expunged  from  the 
list  of  claims  upon  the  trustee's  record  in  said  case, 

,  Referee  in  Bankruptcy. 

No.  707.    Trustee's  Report  of  Exempted  Property. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

At ,  on  the day  of ,  A.  D.  19 — . 

The  following  is  a  schedule  of  property  designated  and  set  apart  to 
be  retained  by  the  bankrupt  aforesaid,  as  his  own  property,  under  the 
provisions  of  the  acts  of  Congress  relating  to  bankruptcy : 


General  Head. 

Particular  Description. 

Value. 

Military     uniform,      arms,      and 
equipments   

Dols. 

CHs. 

Property      exempted     by     state 
laws    

Trustee. 


No.  708.    Petition  and  Order  for  Sale  by  Auction  of  Real  Estate. 

In  the  District  Court  of  the  United  States  for  the Distriet  of . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

Respectfully  represents  ,  trustee  of  the  estate  of  said  bankrupt, 

that  it  would  be  for  the  benefit  of  said  estate  that  a  certain  portion  of 
the  real  estate  of  said  bankrupt,  to  wit:  [Here  describe  it  and  its  esti- 
mated value]  should  be  sold  by  auction,  in  lots  or  parcels,  and  upon 
terms  and  conditions,  as  follows :  

Wherefore  he  prays  that  he  may  be  authorized  to  make  sale  by  auc- 
tion of  said  real  estate  as  aforesaid. 

Dated  ,  19—. 

,  Trustee. 

The  foregoing  petition  having  been  duly  filed,  and  having  come  on  for  a 
hearing  before  me,  of  which  hearing  ten  days'  notice  was  given  by  mail 
to  creditors  of  said  bankrupt,  now,  after  due  hearing,  no  adverse  in- 
terest being  represented  thereto  [or  after  hearing in  favor  of  sair" 

petition  and in  opposition    thereto],  it  is  ordered    that    the    said 


Forms  709, 710  Cowdery  's  Form  Book.  250 

trustee  be  authorized  to  sell  the  portion  of  the  bankrupt's  real  estate 
specified  in  the  foregoing  petition,  by  auction,  keeping  an  accurate  ac- 
count of  each  lot  or  parcel  sold  and  the  price  received  therefor  and  to 
whom  sold;  which  said  account  he  shall  file  at  once  with  the  referee. 

Witness  my  hand  this day  of ,  A.  D.  19 — . 

,  Referee  in  Bankruptcy. 

No.  709.    Petition  and  Order  for  Redemption  of  Property  from  Lien. 

In  the  District  Court  of  the  United  States  for  the District  of -. 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

Respectfully  represents  ,  trustee  of  the  estate  of  said  bankrupt, 

that  a  certain  portion  of  said  bankrupt's  estate,  to  wit:  [Here  describe 
the  estate  or  property  and  its  estimated  value]  is  subject  to  a  mortgage 
[describe  the  mortgage],  or  to  a  conditional  contract  [describing  it], 
or  to  a  lien  [describe  the  origin  and  nature  of  the  lien],  [or,  if  the 
property  be  personal  property,  has  been  pledged  or  deposited  and  is 
subject  to  a  lien]  for  [describe  the  nature  of  the  lien],  and  that  it  would 
be  for  the  benefit  of  the  estate  that  said  property  should  be  redeemed 
and  discharged  from  the  lien  thereon.  Wherefore  he  prays  that  he  may 
be  empowered  to  pay  out  of  the  assets  of  said  estate  in  his  hands  the 

sum  of  ,  being  the  amount  of  said  lien,  in  order  to  redeem  said 

property  therefrom. 

Dated  this day  of ,  A.  D.  19 — . 

,  Trustee. 

The  foregoing  petition  having  been  duly  fded  and  having  come  on  for 
a  hearing  before  me,  of  which  hearing  ten  days'  notice  was  given  by 
mail  to  creditors  of  said  bankrupt,  now,  after  due  hearing,  no  adverse 

interest  being  represented  thereat   [or  after  hearing  in  favor  of 

said  petition  and in  opposition  thereto],  it  is  ordered  that  the  said 

trustee  be  authorized  to  pay  out  of  the  assets  of  the  bankrupt's  estate 

specified  in  the  foregoing  petition  the  sum  of ,  being  the  amount  of 

the  lien,  in  order  to  redeem  the  property  therefrom. 

Witness  my  hand  this day  of ,  A.  D.  19 — . 

,  Referee  in  Bankruptcy. 

No.  710.    Petition  and  Order  for  Sale  Subject  to  Lien. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

Respectfully  represents  ,  trustee  of  the  estate  of  said  bankrupt, 

that  a  certain  portion  of  said  bankrupt's  estate,  to  wit:  [Here  describe 
the  estate  or  property  and  its  estimated  value]  is  subject  to  a  mortgage 
[describe  mortgage],  or  to  a  conditional  contract  [describe  it],  or  to 
a  lien  [describe  the  origin  and  nature  of  the  lien],  or  [if  the  property 
be  personal  property]  has  been  pledged  or  deposited  and  is  subject  to 


251  Bankruptcy.  Form  711 

a  lien  for  [describe  the  nature  of  the  lien],  and  that  it  would  be  for 
the  benefit  of  the  said  estate  that  said  property  should  be  sold,  siibject 
to  said  mortgage,  lien,  or  other  encumbrance.  Wherefore  he  prays  that 
he  may  be  authorized  to  make  sale  of  said  property,  subject  to  the  en- 
cumbrance thereon. 

Dated  this  —  day  of ,  A.  D.  19 — , 

,  Trustee. 

The  foregoing  petition  having  been  duly  filed  and  having  come  on 
for  a  hearing  before  me,  of  which  hearing  ten  days'  notice  was  given 
by  mail  to  creditors  of  said  bankrupt,  now,  after  due  hearing,  no  ad- 
verse interest  being  represented  thereat  [or  after  licaring in  favor 

of  said  petition  and  in  opposition  thereto],  it  is  ordered  that  the 

said  trustee  be  authorized  to  sell  the  portion  of  the  bankrupt's  estate 
specified  in  the  foregoing  petition,  by  auction  [or,  at  private  sale], 
keeping  an  accurate  account  of  the  property  sold  and  the  price  received 
therefor  and  to  whom  sold;  which  said  account  he  shall  file  at  once 
with  the  referee. 

Witness  my  hand  this day  of ,  A.  D.  19 — . 

,  Referee  in  Bankruptcy. 

No.  711.    Petition  and  Order  for  Private  Sale. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

Respectfully  represents  ,  duly  appointed  trustee  of  the  estate 

of  the  aforesaid  bankrupt: 

That  for  the  following  reasons,  to  wit:  it  is  desirable  and  for 

the  best  interest  of  the  estate  to  sell  at  private  sale  a  certain  portion 
of  the  said  estate,  to  wit :  

Wherefore  he  prays  that  he  may  be  authorized  to  sell  the  said  prop- 
erty at  private  sale. 

Dated  this  day  of ,  A.  D.  19—. 

,  Trustee. 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for 
a  rehearing  before  me,  of  which  hearing  ten  days'  notice  was  given 
by  mail  to  creditors  of  said  bankrupt,  now,  after  due  hearing,  no  ad- 
verse interest  being  represented  thereat  [or  after  hearing in  favor 

of  said  petition  and  in  opposition  thereto],  it  is  ordered  that  the 

said  trustee  be  authorized  to  sell  the  portion  of  the  bankrupt's  estate 
specified  in  the  foregoing  petition,  at  private  sale,  keeping  an  accurate 
account  of  each  article  sold  and  the  price  received  therefor  and  to 
whom  sold;  which  said  account  he  shall  file  at  once  "with  the  referee. 

Witness  my  hand  this  • day  of ,  A.  D.  19 — , 

,  Referee  in  Bankruptcy. 


Forms  712, 713  Cowdeey's  Form  Book.  252 

No.  712,    Petition  and  Order  for  Sale  of  Perishable  Property. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

Respectfully  represents ,  the  said  bankrupt  [or,  a  creditor,  or  the 

receiver,  or  the  trustee  of  the  said  bankrupt's  estate] : 

That  a  part  of  the  said  estate,  to  wit : now  in ,  is  perishable, 

and  that  there  will  be  loss  if  the  same  is  not  sold  immediately. 

Wherefore,  he  prays  the  Court  to  order  that  the  same  be  sold  imme- 
diately as  aforesaid. 

Dated  this day  of ,  A.  D.  19 — . 

The  foregoing  petition  having  been  duly  filed  and  having  come  on 
for  a  hearing  before  me,  of  which  hearing  ten  days'  notice  was  given 
by  mail  to  the  creditors  of  the  said  bankrupt  [or  without  notice  to  the 
creditors],  now,  after  due  hearing,  no  adverse  interest  being  represented 

thereat,   [or  after  hearing  in  favor  of  said  petition  and  in 

opposition  thereto],  I  find  that  the  facts  are  as  above  stated,  and  that 
the  same  is  required  in  the  interest  of  the  estate,  and  it  is  therefore 
ordered  that  the  same  be  sold  forthwith  and  the  proceeds  thereof 
deposited  in  court. 

Witness  my  hand  this day  of ,  A.  D.  19 — . 

,  Referee  in  Bankruptcy. 

No.  713.    Petition  for  Meeting  to  Consider  Composition. 

District  Court  of  the  United  States  for  the  District  of  . 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

To  the  Honorable ,  Judge  of  the  District  Court  of  the  United  States 

for  the District  of : 

The  above-named  bankrupt  respectfully  represents  that  a  composi- 
tion of per  cent  upon  all  unsecured  debts,  not  entitled  to  a  priority 

in  satisfaction  of  debts  has  been  proposed  by  to  

creditors,  as  provided  by  the  acts  of  Congress  relating  to  bankruptcy, 

and  verily  believes  that  the  said  composition  will  be  accepted  by 

a  majority  in  number  and  in  value  of  creditors  whose  claims  are 

allowed. 

Wherefore,  he  prays  that  a  meeting  of  creditors  may  be  duly 

called  to  act  upon  said  proposal  for  a  composition,  according  to  the 
provisions  of  said  acts  and  the  rules  of  court. 

,  Bankrupt. 


253  BANKRurTCY.  Forms  714, 715 

No.  714.    Application  for  Confinnation  of  CompositioTi. 

In  the  District  Court  of  the  United  States  for  the District  of  ■ 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

To  the  Ilonortible ,  Judj^'e  of  the  District  Court  of  the  United  States 

for  the District  of : 

At  the ,  in  said  district,  on  the day  of ,  A.  D.  19 — ,  now 

comes  ,  the  above-named  bankrupt,  and  respectfully  represents  to 

the  court  that,  after  he  had  been  examined  in  open  court  [or  at  a  meet- 
ing of  his  creditors]  and  had  filed  in  court  a  schedule  of  his  property 
and  a  list  of  his  creditors,  which  terms  have  been  accepted  in  writing 
by  a  majority  in  number  of  all  creditors  whose  claims  have  been  allowed, 
which  number  represents  a  majority  in  amount  of  such  claims;  that  the 
consideration  to  be  paid  by  the  bankrupt  to  his  creditors,  the  money 
necessary  to  pay  all  debts  which  have  priority,  and  the  costs  of  the  pro- 
ceedings, amounting  in  all  to  the  sum  of  dollars,  has  been  de- 
posited, subject  to  the  order  of  the  judge,  in  the  National  Bank 

of ,  a  designated  depository  of  money  in  bankruptcy  cases. 

Wherefore,  the  said  respectfully  asks  that  the  said  composition 

may  be  confirmed  by  the  court. 

,  Bankrupt. 

No.  715.    Order  Confirming  Composition. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

An  application  for  the  confirmation  of  the  composition  offered  by 
the  bankrupt  having  been  filed  in  court,  and  it  appearing  tliat  the  com- 
position has  been  accepted  by  a  majority  in  number  of  creditors  whose 
claims  have  been  allowed  and  of  such  allowed  claims;  and  the  consid- 
eration and  the  money  required  by  law  to  be  deposited,  having  been 
deposited  as  ordered,  in  such  place  as  was  designated  by  the  judge  of 
said  court,  and  subject  to  his  order;  and  it  also  appearing  that  it  is 
for  the  best  interests  of  the  creditors ;  and  that  the  bankmpt  has  not 
1)een  guilty  of  any  of  the  acts  or  failed  to  perform  any  of  the  duties 
which  v/ould  be  a  bar  to  his  discharge,  and  that  the  offer  and  its  accept- 
ance are  in  good  faith  and  have  not  been  made  or  procured  by  any 
means,  promises,  or  acts  contrary  to  the  acts  of  Congress  relating  to 
bankruptcy :  It  is  therefore  hereby  ordered  that  the  said  composition  be, 
and  it  hereby  is,  confirmed. 

Witness  the  Honorable ,  judge  of  said  court,  and  the  seal  thereof, 

this day  of ,  A.  D.  19—. 

[Seal  of  the  Court] 

,  Clerk. 


Forms  716-718  Cowdery's  Form  Book.  254 

No.  716.    Order  of  Distri"bution  on  Composition. 
United  States  of  America. 

In  the  District  Court  of  the  United  States  for  the District  ot . 

In  Bankruptcy. 
In  the  Matter  of ,  Bankrupt. 

The  composition  offered  by  the  above-named  bankrupt  in  this  case 
having  been  duly  confirmed  by  the  judge  of  said  court,  it  is  hereby 
ordered  and  decreed  that  the  distribution  of  the  deposit  shall  be  made 
by  the  clerk  of  the  court  as  follows,  to  wit:  First,  to  pay  the  several 
claims  which  have  priority;  second,  to  pay  the  costs  of  proceedings; 
third,  to  pay,  according  to  the  terms  of  the  composition,  the  several 
claims  of  general  creditors  v/hich  have  been  allowed,  and  appear  upon 
a  list  of  allowed  claims,  on  the  files  in  this  case,  which  list  is  made  a 
part  of  this  order. 

Witness  the  Honorable ,  judge  of  said  court,  and  the  seal  thereof, 

this day  of ,  A.  D.  19—. 

[Seal  of  the  Court] 

,  Clerk. 

No.  717.    Bankrupt's  Petition  for  Discharge. 

In  Bankruptcy. 

In  the  Matter  of ,  Bankrupt. 

To  the  Honorable ,  Judge  of  the  District  Court  of  the  United  States 

for  the  District  of . 

— — ,  of ,  in  the  county  of ,  and  state  of ,  in  said  district, 

respectfully  represents  that  on  the  day  of ,  last  past,  he  was 

duly  adjudged  bankrupt  under  the  acts  of  Congress  relating  to  bank- 
ruptcy; that  he  has  duly  surrendered  all  his  property  and  rights  of 
property,  and  has  fully  complied  Avith  all  the  requirements  of  said  acts 
and  of  the  orders  of  the  court  touching  his  bankruptcy. 

Wherefore  he  prays  that  he  may  be  decreed  by  the  court  to  have  a 
full  discharge  from  all  debts  provable  against  his  estate  under  said 
bankrupt  acts,  except  such  debts  as  are  excepted  by  law  from  such 
discharge. 

Dated  this day  of ,  A.  D.  19—. 

— — ,  Bankinipt. 

No.  718.    Specification    of    Grounds    of    Opposition    to    Bankrupt's 
Discharge. 

In  the  District  Court  of  the  United  States  for  the District  of . 

In  Bankruptcy, 

In  the  Matter  of ,  Bankrupt. 

of ,  in  the  county  of ,  and  state  of ,  a  party  inter- 
ested in  the  estate  of  said ,  bankrupt,  do  hereby  oppose  the  grant- 
ing to  him  of  a  discharge  from  his  debts,  and  for  the  grounds  of  such 
opposition  do  .file  the  following  specifications:  [Here  specify  the 
grounds  of  opposition.] 

,  Creditor. 


255  Bench  Warrant — Bills.  Forms  719-730 

No.  719.    Discharge  of  Bankrupt. 

District  Court  of  the  United  States,  District  of 


Whereas, of in  said  district,  has  been  duly  adjudged  a  bank- 
rupt, under  the  acts  of  Congress  relating  to  bankruptcy,  and  appears  to 
have  confonued  to  all  the  requirements  of  law  in  that  behalf;  it  is  there- 
fore ordered  by  this  court  that  said  be  discharged  from  all  debts 

and  claims  which  are  made  provable  by  said  acts  against  his  estate,  and 

which  existed  on  the  day  of ,  A.  D.  19—,  on  which  day  the 

petition  for  adjudication  was  filed  him;  excepting  such  debts  as 

are  by  law  excepted  from  the  o])eration  of  a  discharge  in  bankruptcy. 

Witness  the  Honorable ,  judge  of  said  district  court,  and  the  seal 

thereof  this day  of ,  A.  D.  19—. 

,   Clerk. 

BENCH  WARRANT. 

See  Warrant. 
Bench  Warrant  on  Indictment  or  Information,  No.  3850. 


BEQUEST. 

See  Wills. 

Bequest  of  an  Annuity  to  a  Wife  During  Widowhood,  No.  3915, 
Bequest  of  Jewels,  Furniture,  etc.,  to  the  Wife  of  the  Testator,  No.  3913. 
Bequest  of  One  Dollar  to   an  Imprudent   Son,   No.    3907. 
Bequest  of  the  Kesidue  of  the  Testator's  Estate,  No.  3917. 


BILLS. 

See  Pledge;  Promissory  Note;  Protest. 

730.  Bill  of  exchange. 

731.  A  set  of  hills  of  exchange. 

732.  Bank  check. 

733.  Draft. 

734.  Complaint  by  payee  against  drawer  of  bill  of  exchange. 

735.  Complaint  by  acceptor,  without  funds,  against  drawer. 

No.  730.    Bill  of  Exchange. 

$10,000.  San  Francisco,  July  10,  1916. 

On  ten  days  sight,  pay  to  the  order  of  J.  B.  &  Co.,  ten  thousand 
dollars,  and  charge  the  same  to  account  of 

A.  L.  B.  &  CO. 
To  Messrs.  S.  &  Co.,  New  York. 


Forms  731-734  Cowdery's  Form  Book.  256 

ITo.  731.    A  Set  of  Bills  of  Exchange. 

W.  F.  &  Co.,  Banking  Office. 

A.  Ex.  for  $10,000.  San  Francisco,  Cal.,  July  10,  1916. 
At  sight  of  this  first  of  exchange  [second  and  third  unpaid],  pay  to 

the  order  of  A.  L.  B.  &  Co.,  ten  thousand  dollars. 
Value  received,  and  charge  the  same  to  account  of 

W.  F.  &  CO. 
To  Messrs.  S.  &  Co.,  Bankers,  New  York. 

W.  F.  &  Co.,  Banking  Office. 

B.  Ex.  for  $10,000.  San  Francisco,  Cal.,  July  10,  1916. 
At  sight  of  this  second  of  exchange  [first  and  third  unpaid],  pay  to 

the  order  of  A.  L.  B.  &  Co.,  ten  thousand  dollars. 
Value  received,  and  charge  the  same  to  account  of 

W.  F.  &  CO. 
To  Messrs.  S.  &  Co.,  Bankers,  New  York. 

W.  F.  &  Co.,  Banking  Office. 

C.  Ex.  for  $10,000.  San  Francisco,  Cal.,  July  10,  1916. 
At  sight  of  this  third  of  exchange  [first  and  second  unpaid],  pay  to 

the  order  of  A.  L.  B.  &  Co.,  ten  thousand  dollars. 
Value  received,  and  charge  the  same  to  account  of 

W.  F.  &  CO. 
To  Messrs.  S.  &  Co.,  Bankers,  New  York. 

No.  732.    Bank  Check. 

San  Francisco,  May  8,  1917. 
W.  F.  &  Co.,  pay  to  J.  B.,  or  order,  five  thousand  dollars  ($5,000). 

A.  L. 
No.  733.    Draft. 


Dated  May  30,  1917. 

$1,000.                      San  Francisco,  May  30,  1917, 

Drawn  by  F.,  P.  &  Co. 

Thirty  (30)   days  after  date  pay  to  the  order 

Drawn  upon  W.  S. 

of  A.  L.   B.   &  Co.,  in  United  States  gold  coin. 

Order  of  A.  L.  B.  &  Co. 

one    thousand    (1,000)    dollars.     Value    received 

Time  thirty  days. 

and  charge  the  same  to  account  of 

Due  June  29,  1917. 

F.,  P.  &  Co. 

Amount  $1,000. 

To  W.  S. 

No.  174. 

No,  17^. 

No.  734.    Complaint  by  Payee  Against  Drawer  of  BiU  of  Exchange. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  sixth  day  of  March,  1917,  at  M.,  the  defendant  made 
and  delivered  to  the  plaintiff  his  certain  bill  of  exchange  of  that  date, 
of  which  the  following  is  a  copy:  [Copy  the  bill.] 

2.  That  on  the  sixth  day  of  May,  1917,  the  same  was  duly  presented 
to  the  said  A,  B,  for  acceptance,  but  was  not  accepted,  and  was  there- 
upon duly  protested  for  nouacceptance. 


257  Bills  of  Sale.  Forms  735-746 

3.  That  due  notice  thereof  was  given  to  the  defendant. 

4.  That  he  has  not  paid  the  same. 

5.  That  the  value  of  a  similar  bill  of  exchange  at  the  time  of  said 
protest,  in  M.,  that  being  tlie  place  where  said  bill  was  negotiated,  and 
wliere  such  bills  were  currently  sold,  was  $1,000. 

Wherefore,  the  plaintiff  demands  judgment  against  the  defendant  for 
the  sum  of  $1,000  (the  amount  named  in  the  bill)  and  $200  damages, 
and  interest  on  the  said  sums  from  the  sixth  day  of  May,  1906  [date 
of  protest],  and  costs  of  suit. 

No.  735.    Compiaint  by  Acceptor,  Without  Funds,  Against  Drawer. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains  and  alleges: 

1.  That  on  the  fourteenth  day  of  March,  1917,  at  M.,  the  defendant 
became  indebted  to  him  for  money  advanced  by  him,  and  paid  hy  him, 
upon  a  certain  draft  drawn  by  the  defendant,  bearing  date  on  the  four- 
teenth day  of  February,  1917,  whereby  the  defendant  requested  the 
plaintiff,  thirty  days  after  date,  to  pay  to  one  A.  B.,  the  sum  of  $500. 

2.  That  on  the  fourteenth  day  of  March,  1917,  at  M.,  the  plaintiff 
accepted  said  draft,  and  paid  it  [or,  2.  That  the  plaintiff  accepted  said 
draft,  and  paid  the  same  at  maturity]. 

3.  That  at  the  time  of  the  acceptance  and  payment  of  said  draft,  the 
plaintiff  was  without  funds  of  the  defendant  in  his  hands  to  meet  the 
same. 

4.  That  the  defendant  has  not  paid  the  same,  nor  any  part  thereof. 

BILLS  OF  SALE. 

746.  BiU  of  sale. 

747.  Bill  of  sale— Simple  form. 

748.  Bill  of  sale — Another  form. 

749.  Bill  of  sale,  with  warranty  of  title. 

750.  Bill  of  sale  of  ship  or  steamboat. 

751.  Bill  of  sale  and  power  of  attorney  to  transfer  stock. 

No.  746.    BiU  of  Sale. 

Know  all  men  by  these  presents:  That  I,  J.  B.,  the  party  of  the  first 
part,  for  and  in  consideration  of  the  sum  of  five  hundred  dollars,  gold 
coin  of  the  United  States  of  America,  to  me  in  hand  paid  by  S.  T.,  the 
party  of  the  second  part,  the  receipt  whereof  is  hereby  acknovrledged, 
do  by  these  presents,  sell  unto  the  said  party  of  the  second  part,  his 
executors,  administrators  and  assigns,  the  undivided  one-half  of  one 
hundred  acres  of  barley,  now  growing  on  my  ranch  near  the  said  town 
of  Monterey,  in  said  county  of  Monterej'-;  also  one  roan  horse,  about 
sixteen  hands  high,  having  a  white  spot  on  the  face  and  one  white  foot, 
and  the  letter  "B"  branded  on  the  left  shoulder ;  also,  eight  hundred 
sheep  now  in  my  possession,  on  my  place  aforesaid,  marked  one  slit  in 
right  ear  and  crop  off  the  left  ear. 

Dated  .  [Signature.] 

Form  Book — IT 


Forms  747-750  Cowdery's  Form  Book.  258 

No.  747.    Bill  of  Sale— Simple  Form. 

In  consideration  of  two  hundred  and  fifty  dollars,  to  me  in  hand  paid 
by  B.  B.,  I  do  hereby  sell  and  deliver  to  him  my  broncho  horse,  H.  W.  B., 
branded  T.  T.  on  the  left  hip. 

Dated  .  '  [Signature.] 

No.  748.    Bill  of  Sale — ^Another  FomL 

[Date.] 
Received  of  J.  P.,  one  thousand  dollars,  gold  coin  of  the  United  States, 
in  payment  of  five  thousand  fruit  trees  I  have  sold  and  delivered  to  him, 
this  fourth  day  of  May,  1917. 

[Signature.] 

No.  749.    BiU  of  Sale,  With  Warranty  of  Title. 

Be  it  known  that  I,  ,  of  ,  county  of  ,  state  of  ,  the 

party  of  the  first  part,  for  and  in  consideration  of  the  sum  of 

dollars  ($ ),  current  lawful  money  of  the  United  States  of  America, 

to  me  in  hand  paid  by ,  of  the  same  place,  the  party  of  the  second 

part,  the  receipt  whereof  is  hereby  acknowledged,  do  by  these  presents 
grant,  bargain,  sell,  and  convey  unto  the  said  party  of  the  second 
part,  his  executors,  administrators,  and  assigns,  certain  personal  prop- 
erty, described  as  follows,  to  wit:  

To  have  and  to  hold  the  same  to  the  said  party  of  the  second  part, 
liis  executors,  administrators,  and  assigns  forever.  And  I  do  for  myself, 
my  heirs,  executors,  and  administrators,  covenant  and  agree  to  and  with 
the  said  party  of  the  second  part,  his  executors,  administrators,  and 
assigns,  to  warrant  and  defend  the  sale  of  the  said  property,  goods, 
and  chattels  hereby  made  unto  the  said  party  of  the  second  part,  his 
executors,  administrators,  and  assigns,  against  all  and  every  person  and 
persons  whomsoever  lawfully  claiming  or  to  claim  the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  the day  o£ , 

19 — ,  [Signature.] 

Executed  in  presence  of . 

No.  750.    Bill  of  Sale  of  Ship  or  Steamboat. 

Be  it  known  that  ,  in  consideration  of  dollars   ($ ),  to 

him  paid  by ,  does  hereby  bargain  and  sell  to  said  ,  his  repre- 
sentatives and  assigns,  the  body  of  the  ship  called  the  ,  with  her 

apparel,    tackle,   and   furniture,    now    lying   at   the   port   of   ,    the 

certificate  of  whose  enrollment  is  as  follows,  namely:  ;   and  the 

said  does  avow  himself  to  be  the  lawful  owner  of  the  same,  and 

does  hereby  warrant  the  title  thereto. 

Witness  my  hand  this  day  of  ,  19 — . 

[Signature.] 

Executed  in  presence  of  . 


259  Blue  Sky  Law.  Form  751 

ITo.  751.    Bin  of  Sale  and  Power  of  Attorney  to  Tranr^.fer  Stock. 

Know  all  men  by  these  presents:  That  I,  A.  B.,  for  value  received, 
have  bargained,  sold,  and  assigned,  and  by  these  presents  do  bargain, 
sell,  and  assign  unto  L.  M.  the  following  described  stock,  to  wit:  [de- 
scribe the  kind  of  stock]  unto  me  belonging,  and  evidenced  by  certifi- 
cate No.  888,  in  my  name,  and  hereunto  annexed,  and  do  hereby 
constitute  and  appoint  N.  M.,  the  secretary  of  said  company,  my  true 
and  lawful  attorney,  irrevocably,  for  me  and  in  my  name  and  stead, 
to  assign  and  transfer  the  said  stock  unto  the  said  L.  M.,  and,  for  that 
purpose,  to  make  and  execute  the  necessaiy  acts  of  assignment  and 
transfer,  and  an  attorney,  or  attorneys,  under  him  for  that  purpose, 
to  make,  and  substitute,  and  to  do  all  other  lawful  acts  requisite  for 
effecting  the  premises,  hereby  ratifying  and  confirming  the  same. 

In  witness  whereof  [etc.]. 


[Signature.] 


BLUE  SKY  LAW. 


752.  Petition  for  leave  to  issue  securities. 

753.  Broker's  application — Individual. 

754.  Broker's  application — California  corporation. 

755.  Broker's  agent's  applicatio-i. 

756.  Certificate  of  corporate  authority. 

757.  Appouitmeut    of   commissioner   of  corporations   as   attorney  In   fact 

upon  whom  process  against  foreign  corporations  may  be  served. 

INTRODUCTORY  NOTE. 

Companies  making  application  for  authority  to  sell  securities 
should  follow  the  procedure  indicated  in  section  3  of  the  corporate 
securities  act: 

**§  3.  No  company  shall  sell,  except  upon  a  sale  for  a  delinquent 
assessment  made  in  accordance  with  the  provisions  of  article  II 
of  Chapter  II  of  Title  I  of  Part  IV  of  Division  First  of  the  Civil 
Code;  or  offer  for  sale,  negotiate  for  the  sale  of,  or  take  subscrip- 
tions for  any  security  of  its  own  issue  until  it  shall  have  first  ap- 
plied for  and  secured  from  the  commissioner  a  permit  authorizini:' 
it  so  to  do.  Such  application  shall  be  in  writing,  shall  be  verified 
as  provided  in  the  Code  of  Civil  Procedure  for  the  verification 
of  pleadings,  and  shall  be  filed  in  the  office  of  the  commissioner. 
In  such  application  the  applicant  shall  set  forth  the  names  and 
addresses  of  its  officers,  the  location  of  its  office,  an  itemized  ac- 
count of  its  financial  condition,  the  amount  and  character  of  its 
assets  and  liabilities,  a  detailed  statement  of  the  plan  upon  which 
it  proposes  to  transact  business,  a  copy  of  any  security  it  proposes 
to  issue,  a  copy  of  any  contract  it  proposes  to  make  concerning 
the  same,  a  copy  of  any  prospectus  or  advertisement,  or  other  de- 
scription of  such  securities,  then  prepared  by  or  for  it  for  dis- 


Cowdery's  Form  Book.  260 

tribution  or  publication,  and  sucli  additional  information  con- 
cerning the  company,  its  condition  and  affairs  as  the  commissioner 
may  require.  If  the  applicant  is  a  partnership  or  an  unincor- 
porated association  or  joint  stock  company,  it  shall  file  with  its 
application  a  copy  of  its  articles  of  partnership  or  association,  and 
all  other  papers  pertaining  to  its  organization.  If  the  applicant 
is  a  trustee,  it  shall  file  with  its^  application  a  copy  of  all  instru- 
ments by  which  the  trust  is  created  and  in  which  it  is  accepted, 
acknowledged,  or  declared.  If  the  applicant  is  a  corporation,  it 
shall  file  with  its  application  a  copy  of  all  minutes  of  any  proceed- 
ings of  its  directors  or  stockholders  or  members  relating  to  or 
affecting  the  issue  of  such  securities,  and  also  a  copy  of  its  articles 
of  incorporation  and  of  its  by-laws  and  of  any  amendments  thereto. 
If  the  applicant  is  a  corporation  or  association  organized  under 
the  laws  of  any  other  state,  territor}^,  or  government,  it  shall  also 
file  with  its  application  a  certificate,  executed  by  the  proper  officer 
of  such  state,  territory,  or  government  not  more  than  thirty  days 
l)eforc  the  filing  of  such  application,  showing  that  such  applicant 
is  authorized  to  transact  business  in  such  state,  territory,  or  gov- 
ernment; and  also,  in  such  form  as  the  commissioner  may  pre- 
scribe, its  written  instrument,  irrevocably  appointing  the  comrnis;- 
sioner  and  his  successor  in  office  its  true  and  lawful  attorney  upon 
whom  all  process  in  any  action  or  proceeding  against  it  may  be 
served,  with  the  same  effect  as  if  said  corporation  or  association 
were  organized  or  created  under  the  laws  of  this  state  and  had 
been  lawfully  served  with  process  therein." 

Among  matters  that  should  be  recited  in  or  accompany  the  ap- 
plication are: 

1.  The  securities  that  have  been  previously  issued  and  the  con- 
sideration received  for  each  issue. 

2.  The  amount  and  kind  of  securities  proposed  to  be  issned,  and 
the  price,  par  value  or  otherwise,  at  which  it  is  desired  to  sell  the 
same. 

3.  The  brokerage  or  commissions  paid  on  previous  sales  and 
proposed  to  be  paid  on  future  sales,  and  the  facts  showing  the 
necessity  for  such  payments  on  future  sales. 

4.  A  condensed  statement  of  the  liabilities  and  assets,  and  full 
trial  balance  sheet  of  same  date. 

5.  The  amount  of  money  actually  required  for  the  development 
of  enterprise,  as  far  as  it  can  be  anticipated,  segregated  into  the 
several  necessary  items  of  expenditure. 

6.  A  general  statement  of  the  nature  and  plans  of  applicant's 
business. 


2G1  Blue  Sky  Law.  Form  752 

7.  Names  and  addresses  of  officers  and  directors,  showing  the 
investment  of  each  in  the  company,  and  statement  of  business 
experience  of  those  who  will  be  actively  in  charge. 

8.  Where  patents  for  inventions  are  involved,  submit  a  copy  of 
the  file  wrapper  of  the  proceedings  in  the  patent  office,  as  far  as 
they  have  proceeded,  with  references  to  all  similar  patents. 

9.  Mining  applications  should  be  accompanied  by  copies  of  all 
instruments  from  location  notices  showing  chain  of  title  mth  an- 
nual proofs  of  labor. 

The  application  and  all  accompanying  data  must  be  properly 
verified  under  oath. 

No.  752.    Petition  for  Leave  to  Issue  Securities. 

To  the  Honorable  Commissioner  of  Corporations  of  the  State  of  Cali- 
fornia: 
The  application  of respectfully  shows: 

1.  That  applicant   is  a  corporation  incorporated  under  the   laws   of 

the  state  of  California,  on  the day  of ,  19 — ;  that  its  principal 

place  of  business  is  in  the county  of ,  state  of  California. 

2.  That   the  authorized  capital  stock  of  applicant   is  dollars, 

divided  into  shares  of  the  par  value  of  dollars  each;  that 

none  of  the  stock  of  this  corporation  has  been  issued,  except  one  share 
to  each  of  the  original  incorporators  to  qualify  them  as  directors. 

3.  That  applicant  proposes  to  sell  its  entire  capital  stock  at  par. 

4.  That  no  previous  sales  of  stock  have  been  made,  and  no  brokera^'e 
has  been  paid,  and  that  applicant  does  not  intend  to  pay  any  brokerage 
upon  the  sale  of  said  stock. 

5.  That  applicant  has  not  yet  commenced  business  and  does  not  pro- 
pose to  take  over  any  existing  business,  and  has  no  assets,  except  its 
unissued  capital  stock,  and  no  liabilities  except  its  issued  capital  stock. 

6.  That  the  amount  of  money  actually  required  for  the  development 
of  the  enterprise  will  be  the  sum  of  dollars,  which  applicant  pro- 
poses to  use  as  working  capital  in  the  purchase  and  sale  of  stocks,  bonds 
and  other  securities,  and  the  payment  of  expenses  of  operation. 

7.  That  a  general  statement  of  the  plans  and  nature  of  applicant's 
business  is  as  follows: 

Applicant  proposes  to  buy,  sell  and  act  as  broker  in  the  purchase  and 
sale  of  stocks,  bonds  and  other  corporate  securities. 

8.  That  the  officers  and  directors  of  applicant  are  as  follows : 

,  President. 

,  Vice-president. 

,  Secretary  and  Treasurer. 

,  Director. 

,  Dii"ector. 


Form  753  Cowdery's  Form  Book.  2G2 

Wherefore  applicant  respectfully  requests  that  a  permit  be  issued, 
authorizing  it  to  sell  and  dispose  of  shares  of  its  capital  stock  from 
time  to  time,  upon  the  terms  hereinabove  set  forth. 

By ,  President. 

State  of  California, 

County  of  ,  ss. 

,  being  first  duly  sworn,  deposes  and  says :  That  he  is  the  president 

of  the ,  the  applicant  named  in  the  foregoing  application;  that  he 

has  read  the  same  and  knows  the  contents  thereof,  and  that  the  same 
is  true  of  his  own  knowledge. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 


Notary  Public  in  and  for  the  County  of  ,  State  of  California. 

No.  753.    Broker's  Application — Individual 

In  the  State  Corporation  Department  of  the  State  of  California. 

In  the  Matter  of  the  Application  of for  a  Certificate  Authorizing 

Him  to  Act  as  a  Broker. 

To ,  Commissioner  of  Corporations,  Sacramento,  California: 

I,  ,  pursuant  to  the  provisions  of  the  corporate  securities  act, 

make  and  file  this  my  application  for  a  certificate  authorizing  me  to  act 
as  a  broker,  and  respectfully  set  forth  and  allege : 

1.  That  my  address,  at  which  mail  so  addi-essed  to  me  will  be  promptly 
delivered  to  me  or  to  a  responsible  agent  for  me,  is  . 

2.  That  my  business  reputation  is  good,  as  is  more  fully  shown  by 
the  statement  of  facts  concerning  myself,  attached  hereto,  marked 
Exhibit  "A,"  and  made  a  part  of  this  application.  [In  said  statement 
set  forth  briefly  your  business  biography,  with  a  brief  list  of  the  prin- 
cipal stock  or  bond  issues,  if  any,  heretofore  bought  or  sold  by  or 
through  you.] 

3.  That  the  general  plan  and  character  of  the  business  now  being 
carried  on  by  me,  and  to  be  carried  on  by  me  during  the  life  of  the 
certificate  for  which  application  is  herein  made,  are  fully  and  accurately 
set  forth  in  a  statement  thereof,  hereto  attached,  marked  Exhibit  "B," 
and  made  a  part  of  this  application.  [This  statement  should  include 
a  brief  description  of  the  general  nature  and  character  of  your  business, 
and,  as  far  as  it  can  be  anticipated,  the  character  of  securities  in  which 
you  will  probably  deal  during  the  period  of  the  license  applied  for. 
Although  a  statement  showing  your  financial  responsibility  is  not  essen- 
tial, it  will  add  materially  to  the  value  of  the  statement.] 

4.  That  below  are  set  forth  the  names,  businesses  and  full  addresses 
of  five  reputable  and  responsible  men,  to  each  of  whom  my  business 
reputation  is  well  known,  and  to  whom  you  may  refer  for  information 
concerning  it: 


2G3 


Blue  Sky  Law. 


Form  753 


Name. 

P.  0.  Address  (Give  city  and  street 
address). 

Business. 

' 

5.  Tliat  below  are  set  forth  the  names  and  adcLresses  of  all  persons 
who  are  nov/,  or  who,  as  far  as  it  is  now  known  to  me,  will  be,  during 
the  life  of  the  certificate  herein  applied  for,  employed  by  me,  either 
upon  a  salary  or  for  a  commission  or  other  compensation,  as  salesmen 
in  California,  of  securities  dealt  in  by  me: 


Name. 


Address. 


6.  That  no  judicial  action  or  proceeding  has  been  begun  or  prosecuted 
against  me,  wherein  I  was  charged  with  the  commission  of  a  public 
oft'ense,  or  in  which  it  was  alleged  that  I  had  committed  an  act  constitut- 
ing either  actual  or  constructive  fraud.  [If  any  such  action  or  proceed- 
ing has  been  begun  or  prosecuted,  state,  on  a  separate  sheet  attached 
hereto,  marked  Exhibit  "C,"  the  name  and  location  of  the  court  in  which 
it  was  brought,  its  approximate  date,  the  names  of  the  parties  to  it,  the 
nature  of  the  charge  or  allegation,  and  the  ultimate  disposition  of  the 
proceeding  or  the  final  determination  of  the  court.] 

7.  I  tender  with  this  application,  five  dollars,  the  fee  prescribed  by 
law  for  filing  the  sam.e. 

Wherefore,  I  request  that  this  application  may  be  filed,  and  that  a 
certificate  be  issued  authorizing  me  to  act  as  a  broker  within  the  state 
of  California  for  the  period  ending  the  thirty-first  day  of  December 
next  after  the  filing  of  this  application. 


State   of    California, 

County  of  ,  ss. 

,  being  first  duly  sworn,  deposes  and  says :  That  he  is  the  person 


making  the  foregoing  application;  that  he  has  read  the  same,  includ- 
ing ail  exhibits  attached  thereto  or  filed  therewith,  and  knows  the 
contents  thereof,  and  that  the  statements  made  therein  are  true  of  his 
own  knowledge. 


day  of 


-,  19-. 


-,  State  of  California. 


Subscribed  and  sworn  to  before  me  this  - 
[Notarial  Seal] 

Notary  Public  in  and  for  the  County  of 
My  Commission  expires  . 

EXHIBIT   "A." 

[NOTE. — If  desired,  statement  referred  to  in  paragrapli  2  may  be  inserted 
as  Exhibit  "A."] 


Form  754  Cowdery's  Form  Book.  26i 

No.  754,    Broker's  Application — California  Corporation. 

In  the  State  Corporation  Department  of  the  State  of  California. 

In  the  Matter  of  the  Application  of  for  a  Certificate  Authorizing 

it  to  Act  as  a  Broker, 

To  H.  L,  Carnahan,  Commissioner  of  Corporations,  Sacramento,  Cali- 
fornia : 
,  pursuant  to  the  provisions  of  the  corporate  securities  act,  makes 

and  files  this  its  application  for  a  certificate  authorizing  it  to  act  as  a 

broker,  and  respectfully  sets  forth  and  alleges: 

1.  Tliat  it  is  a  corporation  organized  and  existing  under  and  by  virtue 
of  the  laws  of  the  state  of  California;  that  neither  its  charter  nor 
its  right  to  do  business  in  said  state  is  now  forfeited  or  suspended; 
and  that  its  full  and  true  name  is  correctly  above  set  forth  in  the  title 
of   this    application. 

2.  That  its  address,  at  which  mail  so  addressed  to  it  will  be  promptly 
delivered  to  a  responsible  officer,  is  . 

3.  That  the  full  name  and  address  of  each  of  its  managing  officers 
and  agents  are: 

President:  

Vice-president :  

Secretary:  

Manager:  

Directors:  


4.  That  the  business  reputation  of  said  applicant  and  of  each  of  its 
managing  officers  and  agents  is  good,  as  is  more  fully  shown  by  the 
statement  of  facts  concerning  said  applicant  and  each  of  said  officers 
and  agents,  attached  hereto,  marked  Exhibit  "A,"  and  made  a  part 
of  this  application.  [In  said  statement  set  forth  briefly  a  history  of 
the  corporation,  with  a  brief  list  of  the  principal  stock  or  bond  issues, 
if  any,  heretofore  bought  or  sold  by  or  through  it,  together  with  a  brief 
business  biogi-aphy  of  each  of  such  officers   and  agents.] 

5.  That  the  general  plan  and  character  of  the  business  now  being 
carried  on  by  said  applicant,  and  to  be  carried  on  by  it  during  the 
life  of  the  certificate  for  which  application  is  herein  made,  are  fully 
and  accurately  set  forth  in  a  statement  thereof,  hereto  attached,  marked 
Exhibit  "B,"  and  made  a  part  of  this  application,  [This  statement 
should  include  a  brief  description  of  the  general  nature  and  character 
of  the  applicant's  business,  and,  as  far  as  it  can  be  anticipated,  the 
character  of  securities  in  which  the  applicant  will  probably  deal  during 
the  period  of  the  license  applied  for.  Although  a  statement  showing  the 
coi^oration's  financial  responsibility  is  not  essential,  it  will  add  mate- 
rially to  the  value  of  the  statement,] 

6,  That  below  are  set  forth  the  names,  businesses,  and  full  addresses 
of  five  reputable  and  responsible  men,  to  each  of  whom  the  business 
reputation  of  said  applicant  and  of  each  of  its  managing  officers  and 
agents  is  well  known,  and  to  whom  you  may  refer  for  information 
concerning  it: 


265 


Blue  Sky  Law. 


Form  754 


Name. 

P.  0.  Address  (Give  city  and  street 
address). 

Business. 

7.  That  below  are  set  forth  the  names  and  addresses  of  all  persons 
■vvho  are  now,  and  of  those  also  who,  as  far  as  it  is  now  known,  will  be, 
during  the  life  of  the  certificate  herein  applied  for,  employed  by  said 
applicant,  either  upon  a  salary  or  for  a  commission  or  other  compensa- 
tion, as  salesmen  in  California  of  securities  dealt  in  by  it: 


Name. 


Address. 


8.  That  no  judicial  action  or  proceeding  has  been  begun  or  prosecuted 
against  said  applicant  or  any  of  its  officers  or  managing  agents  above 
named,  wherein  said  applicant  or  any  of  said  officers  or  agents  was 
charged  with  the  commission  of  a  public  offense,  or  in  which  it  was 
alleged  that  said  applicant  or  any  of  said  officers  had  conunitted  an 
act  constituting  either  actual  or  constructive  fraud.  [If  any  such 
action  or  proceeding  has  been  begun  or  prosecuted,  state,  on  a  separate 
sheet  attached  hereto,  marked  Exhibit  "C,"  the  name  and  location  of 
the  court  in  which  it  was  brought,  its  approximate  date,  the  names  of 
the  parties  to  it,  the  nature  of  the  charge  or  allegation,  and  the  ultimate 
disposition  of  the  proceeding  or  the  final  determination  of  the  court.] 

9.  That  applicant  tenders  with  this  application,  five  dollars,  the  fee 
prescribed  by  law  for  filing  the  same. 

Wherefore,  your  petitioner  prays  that  this  application  may  be  filed, 
and  that  a  certificate  be  issued  by  said  commissioner  authorizing  your 
petitioner  to  act  as  a  broker  within  the  state  of  California  for  the 
period  ending  the  31st  day  of  December  next  after  the  filing  of  this 
application. 

[Corporate  Seal] 

State  of  California, 
County  of  ,  ss. 


By . 

[Name  of   Officer.] 


,  being  first  duly  sworn,  deposes  and  says:  That  he  is  an  officer 

of  the  corporation  making  the  foregoing  application,  to  wit,  the  • 

thereof,  and  that  he  makes  this  verification  for  it  and  in  its  behalf; 
that  he  has  read  the  foregoing  application,  including  all  exhibits  at- 
tached thereto  or  filed  therewith,  and  knows  the  contents  thereof,  and 
that  the  statements  made  therein  are  true  of  his  own  knowledge,  except 


Form  755 


Cowdery's  Form  Book. 


266 


as  to  the  matters  alleged  in  paragraph  numbered  8  above,  and  as  to 
such  matters,  that  he  believes  them  to  be  true. 


-,  19-. 


day  of 


-,  State  of  California. 


Subscribed  and  sworn  to  before  me  this  - 
[Notarial  Seal] 

Notary  Public  in  and  for  the  County  of 
My  commission  expires  . 


No.  755.    Broker's  Agent's  Application. 

Before  the  Commissioner  of  Corporations  of  the  State  of  California. 

In  the  Matter  of  the  Application  of for  a  Certificate  Authorizing 

Him  to  Represent  . 

To  the  Commissioner  of  Corporations: 

I,  ,  hereby  make  and  file  this  my  application  for  a  certificate 

authorizing   me  to   represent  ,   a  broker,   as   its   agent  within  the 

state  of  California  until  the day  of ,  19—,  and  in  support  of 

this  application  I  make  the  following  statement  of  facts: 

1st.     My  residence  is  [street  and  number],  in  the  city  of  , 

county  of  ,  state  of  . 

2d.     My  postoffice  address  is  ,   [street  and  number],  in  the  city 

of ,  county  of ,  state  of  Califoniia. 

3d.  The  following  is  a  full  statement  of  the  names  of  all  persons, 
firms  or  corporations  by  whom  I  have  been  employed  during  the  five 
vears  last  past,  the  period  of  each  employment,  my  residence  during 
each  employment,  and  the  nature  of  each  employment: 


Name  of  Employer. 

Period  of  Employment. 

Residence. 

Nature  of  Employment. 

From 

To 

4th.  The  following  is  a  complete  list  of  all  corporate  securities  sold 
or  otherwise  disposed  of  by  or  through  me  during  the  five  years  last 
past: 


Name  of  Corporation 
Issuing   Security. 


Character  of  Security, 
as  Stock,  Bonds,  etc. 


Period  During  Which 
Securities  Were  Sold. 


Place  Where    Such 
Securities  'Were  Sold. 


5th.     I  refer  you  to  the  following  men,  who  know  my  business  repu- 
tation in  the  communities  where  they  respectively  reside  and  the  char- 


267  Blue  Sky  Law.  Form  756 

acter  of  any  securities  sold  or  otherwise  disposed  of  by  me  in  their 
respective  localities: 

[NOTE. — Name  not  less  than  one  man  in  each  locality  where  you  have 
resided  or  sold  securities  during  last  five  years,  and  not  less  than  five 
men  in  all.] 


Name. 

P.  0.  Address. 

Business. 

Dated ,  19—. 

[Applicant]. 

State  of  California, 
County  of  ,  ss. 

[name  of  applicant],  being  first  duly  sworn,  deposes  and  says 

that  he  is  the  applicant  named  in  the  foregoing  application,  that  he 
has  read  and  signed  said  application  and  knows  the  contents  thereof, 
and  that  the  statements  therein  made  are  true. 

[Applicant  signs  here]. 

Subscribed  and  sworn  to  before  me  this  day  of  ,  19 — . 

f 

Notary  Public  in  and  for  the  County  of ,  State  of . 

My  commission  expires  . 

To  H.  L.  Carnahan,  Commissioner  of  Corporations: 

[name] ,  a  broker,  hereby  requests  that  the  foregoing  application 

be  granted. 

Dated ,  19—. 

[Corporate  Seal,  if  any.]  [Name  of  broker]. 

No.  756.     Certificate  of  Corporate  Authority. 

In  the  State  Corporation  Department  of  the  State  of  California. 
State  of  ,  ss. 

I  [name  and  title  of  officer],  of  the  state  of  ,  do  hereby 

certify  that  I  am,  by  the  laws  of  said  state,  the  custodian  of  the  records 
of  said  state  relating  to  the  forfeiture  or  suspension  of  coiporate  char- 
ters, or  the  right  of  corporations  to  transact  business  in  said  state,  and 
am  the  proper  ofiicer  to  execute  this  certificate. 

I  further  certify  that is  a  coi*poration  duly  organized  and  exist- 

injx  under  and  by  virtue  of  the  laws  of  said  state  of and  that  said 

corporation  is  at  the  date  of  this  certificate  duly  authorized  to  exercise 
therein  all  of  the  powers  recited  in  its  charter  or  articles  of  incoi-pora- 
tion,  and  to  transact  business  in  said  state. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  offi- 
cial seal  at in  said  state  of this day  of 19 — . 

[Official  seal]  [Title  of  officer]. 


I'orm  757  Cowdery's  Form  Book.  268 

No.  757.  Appointment  of  Commissioner  of  Corporations  as  Attorney 
in  Faxt  upon  Whom  Process  Against  Foreign  Corporations 
may  be  Served. 

Know   all  men   by  these   presents:   That  pursuant   to   the   corporate 

securities  act  of  the  state  of  California  ,  a  corijoratiou  organized 

and  existing  under  and  by  virtue  of  the  laws  of  the  state  of ,  carry- 
ing on  business  in  the  state  of  California,  with  offices  at  in  the 

city  of ,  county  of  ,  state  of  California,  and  liaving  applied 

or  being  about  to  apply  to  the  commissioner  of  corporations  of  said 
state  of  California  for  a  permit  authorizing  it  to  sell  securities  of  its 
own  issue  in  said  state  of  California,  has  irrevocably  constituted  and 
appointed  and  by  these  presents  does  irrevocably  constitute  and  appoint 
H.  L.  Carnahan,  as  such  commissioner  of  corporations  of  the  state  of 
California,  and  his  successor  or  successors  in  said  office,  its  true  and 
lawful  attorney  upon  whom  all  process  in  any  action  or  proceeding 
against  it  may  be  served  with  the  same  effect  as  if  said  corporation 
were  organized  or  created  under  the  laws  of  the  state  of  California  and 
had  been  lawfully  served  with  process  therein. 

Said  corporation  has  further  designated,  and  by  these  presents  does 

designate,  the  following  named  person,  to  wit:  ,  whose  address  is 

[street  and  number],  [town  or  city],  [state],  as  the  person 

to  whom  a  copy  of  eveiy  process  served  upon  said  commissioner  of  cor- 
porations in  any  action  or  proceeding  against  said  company  shall  be 
forwarded  by  mail,  in  accordance  with  the  provisions  of  said  act. 

In  witness  whereof  the  said  corporation,  by  a  resolution  of  its  board 
of  directors,  duly  and  regularly  passed  and  adopted,  has  caused  its  cor- 
porate name  to  be  hereunto  subscribed  and  its  corporate  seal  affixed  by 
its president,  and ,  secretary,  this day  of ,  A.  D.  19 — -. 

[Corporate  seal]  [Name  of  corporation]. 

By  ,  President. 

By  ,  Secretary. 

State  of , 

County  of ,  ss. 

On  this day  of in  the  year  19 — ,  before  me ,  a  notary 

public  in  and  for  the  county  of ,  state  of ,  personally  appeared 

,  known  to  me  to  be  the  president,  and  ,  known  to  me  to 

be  the secretary  of  the  ,  the  corporation  that  executed  the 

within  instrument,  and  acknowledged  to  me  that  such  corporation  exe- 
cuted the  same. 

Notary  Public  in  and  for  the  County  of ,  State  of . 

My  commission  expires . 

State  of , 

County  of ,  ss. 

,  being  first  duly  sworn,  deposes  and  says: 

1st.     That  he  is secretary  of ,  the  corporation  that  executed 

the  foregoing  power  of  attorney. 


269  Blue  Sky  Law.  Form  757 

2d.     That  at  a  meeting  of  the  board  of  directors  of  said  corporation, 

duly  and  regularly  called  and  held  on  the  day  of  19 — ,  in 

accordance  with  the  orders  or  resolutions  of  said  board,  the  by-laws  of 
said  eoi-poration,  and  the  laws  of  said  state,  of  which  meeting  notice 
was  duly  and  regularly  g-iven  and  at  which  said  meeting  a  quorum  was 
present  and  acting,  the  following  preamble  and  resolutions  were  duly 

and  regularly  adopted  by  the  affinnative  vote  of  directors,  voting 

in  favor  thereof,  to  wit : 

"Whereas,  this  corporation  has  applied  or  is  about  to  apply  to  the 
commissioner  of  coiT^orations  of  the  state  of  California  for  a  permit 
authorizing  it  to  sell  certain  securities  of  its  own  issue  in  tiie  state  of 
California;  now,  therefore, 

"Be  it  resolved,  that  pursuant  to  the  provisions  of  the  corporate 
securities  act  of  the  state  of  California,  H.  L.  Carnahan,  as  commissioner 
of  corporations  of  the  state  of  California,  and  his  successor  or  successors 
in  said  office,  be,  and  he  is  hereby  appointed  the  true  and  lawful  attor- 
ney of  this  corporation  upon  whom  all  process  in  any  action  or  proceed- 
ing against  it  may  be  served  with  the  same  effect  as  if  this  corporation 
were  organized  or  created  under  the  laws  of  the  state  of  California 
and  had  been  lawfully  served  with  process  therein,  and  that  service 
upon  such  attorney  shall  be  deemed  to  be  personal  service  upon  this 
corporation. 

"Be  it  further  resolved,  that  ,  whose  address  is  [street  and 

number],  [city],  [state],  be  and  he  is  designated  as  the  per- 
son to  whom  a  copy  of  every  process  served  upon  said  commissioner  of 
corporations  in  any  action  or  proceeding  brought  or  pending  against 
this  corporation  in  the  said  state  of  California  shall  be  forwarded  by 
mail,  in  accordance  with  the  provisions  of  said  coi^Dorate  securities  act 
of  said  state  of  California. 

"Be  it  further  resolved,  that  the president  and secretary  of 

this  corporation  be  and  they  are  authorized  and  directed  to  execute  and 
acknowledge,  as  the  act  and  deed  of  this  corporation  and  in  its  coi-po- 
rate  name,  a  power  of  attorney  in  writing  in  substantially  the  following 
form,  to  wit:  [Here  is  inserted,  in  the  resolution  herein  quoted,  a  true 
copy  of  the  executed  power  of  attorney  to  which  this  affidavit  is 
attached.] 

"Be  it  further  resolved,  that  when  said  power  of  attorney  shall  have 

been  so  executed  and  acknowledged,  said  secretary  be  and  he  is 

further  authorized  and  directed  to  file  the  same  in  the  office  of  the  said 
commissioner  of  corporations." 

3d.  That  said  resolutions  as  herein  above  quoted  and  recited  have 
been  duly  and  regularly  copied  and  entered  at  length  in  the  minutes  of 
said  meeting  of  said  board  of  directors. 

4th.  That  the  power  of  attorney  to  which  this  affidavit  is  annexed 
was  executed  by  the president  and seeretaiy  of  said  corpora- 


Cowdery's  Form  Book.  2/ J 

tion  and  its  corporate  seal  afiixed  thereto,  pursuant  to  and  in  accordance 
with  said  resolution. 

[Signature  of  affiant]. 

Subscribed  and  sworn  to  before  me  this day  of 19 — . 


Notary  Public  in  and  for  the  County  of ,  State  of 

My  commission  expires  , 


BONDS  AND  UNDERTAKINGS. 

762.  Bond — Common  form. 

763.  Bond  with  option  to  mature  in  case  of  default. 

764.  Bond  conditioned  if  interest  not  paid  within,  a  certain  time  whole 

sum  due. 

765.  Bond  for  payment  of  money. 

766.  Bond  for  deed. 

787.  Bond  for  deed  of  mining  property. 

768.  Official  bond. 

769.  Official  bond — Corporate  security. 

770.  Bond  of  indemnity  for  loss  of  original  bill  of  lading. 

771.  Fidelity  bond — Clerk. 

772.  Fidelity  bond. 

773.  Notary's  bond. 

774.  Bond  of  treasurer  or  trustee. 

775.  Bottomry  bond. 

776.  Legatee's  bond. 

777.  Sheriff's  indenuiity  bond  on  attachment. 

778.  Sheriff's  indemnity  bond  on  execution. 

779.  Bond  from  several  persons  for  several  smns. 

780.  Bond  for  performance  of  covenants. 

781.  Bond  for  performance — To  be  indorsed  on  contract. 

782.  Bond  of  indemnity  to  surety. 

783.  Bond  of  indemnity  to  surety — Another  form. 

784.  Bond  to  replace  stock  loaned. 

785.  Bond  to  save  hanuless  from  paying  rent  where  title  Is  In  question. 

786.  Bond  to  indemnify  indorser  of  promissory  note. 

787.  Bond  of  indemnity  to  surety  on  appeal  bond. 

788.  Bond  that  person  will  convey  land  on  reaching  age  of  majority. 

789.  Bond  to  indemnify  person  against  damage  from  carrsring  on  business 

in  his  name. 

790.  Bond  to  third  person,  on  wife's  behalf,  by  husband,  that  he  will  not 

interfere  with  business  of  wife,  who  lives  separate  and  apart  from 
him. 

791.  Bond  of  master  of  ship  to  deliver  up  ship  to  owners  on  demand. 

792.  Bond  to  convey  estate  at  future  time  free  from  encumbrances  and 

that  obligee  in  meantime  shall  receive  profits. 

793.  Bond  with  warrant  of  attorney  to  confess  judgment. 

794.  Bond  to  keep  person  during  life. 

795.  Contractor's  bond — Public  works  of  United  States. 

796.  Ma.terlal  and  labor  bond  on  public  work. 

797.  Common-law  completion  bond — Public  work. 
79S.  Bond  of  indemnity — Lost  stock. 

799.  Plumber's  bond — San  Francisco. 

800.  Indemnity  bond  en  claim  and  delivery. 

801.  Bail  bond — United  States  commissioner. 


271  Bonds  and  Undertakings. 

802.  Bond  of  counter-indemnity. 

jJ03.  Real  estate  broker's  bond. 

804.  Blasting  bond. 

805.  Bond  for  lost  instrmnent. 

806.  Reciprocal  demurrage  bond. 

807.  Common  carrier's  general  indemnity  "bond. 

808.  Notice  by  surety  to  his  guarantors  to  defend  action  on  a  bond  signed 

by  surety  and  guarantor. 

809.  Complaint  by  surety  against  principal. 

810.  Official  bond  of  county  treasurer. 

811.  Justification  of  sureties  on  state  or  county  bonds. 

812.  Condition  of  county  treasurer's  bond — Colorado. 

813.  Condition  of  sheriff's  bond — Colorado. 

814.  Condition  of  county  clerk's  bond — Kansas. 

815.  Official  undertaking  of  constable — Oregon. 

816.  Official  undertaking  of  justice  of  the  peace — Oregon, 

817.  Sheriff's  official  undertaking — Oregon. 

818.  County  treasurer's  official  undertaking— Oregon, 

819.  Condition  of  official  bond — Wyoming. 

820.  Bond  of  justice  of  the  peace — Washington. 

821.  Official  bond  of  city  and  county  officers  of  Honolulu. 

822.  Bond  of  public  officer — Hawaii. 

823.  Justification  of  siireties  on  official  bond — Hawaii. 

CROSS-REFERENCES. 

See  Undertakings. 

Bond  for  Attachment — Arizona,  No.  572, 

Bond  for  Attachment— New  Mexico,  No.  573. 

Bond  for  Attachment — Justice's   Court — Now  Mexico,  No.  574. 

Bond  for  Costs  by  Nonresident — Colorado,  No.  1360. 

Bond  for  Costs' — Justice's  Court — Oklahoma,  No.  1363. 

Bond  for  Costs  on  Appeal,  No.  358. 

Bond  for  Eelease  of  Attached  Property,  No.  593. 

Bond  for  Stay  of  Execution— Washington,   No.   1677. 

"Bail"  for  Stay  of  Execution— Wyoming,  No.  1676. 

Bond  in  Garnishment,  No.  602. 

Bond  of  Administrator,  No.  1757. 

Bond  of  Administrator  on  Sale  of  Real  Estate,  No.  3087. 

Bond  of  Agent  for  Absent  Distributees,  No.  292. 

Bond  of  Guardian  on  Qualifying,  No.  2008. 

Bond  of  Guardian  on  Sale  of  Real  Estate,  No.  2020. 

Bond  of  Petitioning  Creditor,  No.  638, 

Bond  of  Trustee,  No.  684. 

Bond  of  E-eferee,  No.  675. 

Bond  of  Special  Administrator,  No.  1746. 

Bond  on  Appeal  from  Money  Judgment,  No.   355. 

Bond  on  Appeal  from  Judgment  Directing  Delivery  of  Documents  or  Per- 
sonal Property,  No.  356.  _^      ^._ 

Bond  on  Appeal  from  Judgment  for  the  Recovery  of  Real  Property,  No.  oo/. 

Bond  on  Arbitration,  No.  410. 

Bond  on  Injunction,  No.  2142. 

Bond  on  Eelease  of  Attachment — Colorado,  No.  595. 

Bond  on  Eelease  of  Attachment— Justice's  Court— Nevada,  No.  598. 

Bond   to   Administrator   and  Interested  Person  upon   Sale   of  Contract  for 
Purchase  of  Lands,  No.  3088. 

Bond  to  Marshal,  No.  639. 

Bond  to  Prevent  Levy  of  Attachment — Nevada,  No.  584. 


Forms  762, 763  Cowdery's  Form  Book.  272 

No.  762.    Bond — Common  Form. 

Be  it  known  that  we,  ,  of  the  county  of  ,  state  of 


principal,   and  and  ,  as  sureties,   are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars   ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,  his  executors,  administrators,  or  assigns;  for  Avhich  payment,  well 

and   truly   to   be   made,   we   bind   ourselves,   our  heirs,    executors,   and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the  day  of ,  191 — . 

The  condition  of  the  above  obligation  is  such  that  if  the  above-bounden 

,  his  heirs,  executors,  or  administrators,  shall  well  and  truly  pay, 

or  cause  to  be  paid,  in  current  lawful  money  of  the  United  States  of 

America,  unto  the  said  ,  his  executors,  administrators,  or  assigns, 

the  just  and  full  sum  of dollars  ($ )  in  current  lawful  money 

of  the  United  States  of  America,  in  months  from  the  date  hereof, 

with  interest  thereon  at  the  rate  of per  cent  per  month,  then  the 

above  obligation  to  be  void;  otherwise,  to  remain  in  full   force  and 
virtue. 

Signed  and  delivered  in  the  presence  of . 

[Signatures.] 

No.  763.    Bond  With  Option  to  Mature  in  Case  of  Default. 

Know  all  men  by  these  presents:  That  J.  D.  and  R.  R.  of  Nipoma, 
county  of  San  Luis  Obispo,  state  of  California,  are  held  and  firiiily 
bound  unto  C.  W.  D.,  of  the  same  place,  in  the  sum  of  one  thousand 
five  hundred  dollars,  gold  coin  of  the  United  States  of  America,  to  be 
paid  to  the  said  C.  W.  D.,  his  executors,  administrators,  or  assigns;  for 
which  payment  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs, 
executors,  and  administrators,  jointly  and  severally,  and  firmly  by 
these  presents. 

Sealed  with  our  seals  and  dated  the  twentieth  day  of  January,  1916. 

The  condition  of  the  above  obligation  is  such  that  if  the  above-bounden 
J.  D.  and  R.  R.,  or  either  of  them,  tlieir  or  either  of  their  heirs,  execu- 
tors or  administrators,  shall  well  and  truly  pay,  or  cause  to  be  paid,  in 
gold  coin  of  the  United  States,  unto  the  said  C.  W.  D.,  his  executors, 
administrators,  or  assigns,  the  sum  of  five  hundred  and  fifty  f550) 
dollars,  on  or  before  the  seventh  day  of  March,  1916,  together  with 
interest  thereon  at  the  rate  of  one  and  one-fourth  (1%)  per  cent  per 
month,  payable  monthly,  on  the  seventh  day  of  each  and  every  montli — 
then  the  above  obligation  to  be  void;  otherwise,  to  remain  in  full  force 
and  virtue. 

And  it  is  hereby  expressly  agreed,  that  should  any  default  be  made 
in  the  payment  of  said  interest,  or  of  any  part  thereof,  on  any  day 
whereon  the  same  is  made  payable  as  above  expressed,  and  should 
the  same  remain  unpaid  and  in  arrears  for  the  space  of  ten  (10) 
days,  then   and  from   thenceforth — that  is  to  say,   after  lapse  of  the 


273  Bonds  akd  Undertakings.  Form  764 

said  ten  (10)  days — the  said  principal  sum  of  five  hundred  and  fifty 
dollars,  gold  coin  of  the  United  States,  with  all  arrearages  of  interest 
thereon,  shall,  at  the  option  of  the  said  D.,  his  executors,  administrators, 
or  assigns,  become  and  be  due  and  payable  immediately  tliercafter, 
although  the  period  first  above  limited  for  the  payment  thereof  may 
not  then  have  expired,  anything  hereinbefore  contained  to  the  contrary 
thereof  in  anyAvise  notwithstanding. 
In  witness  whereof  [etc.]. 

[Signature.] 

No.   764.    Bond  Conditioned  if  Interest  not  Paid  Within  a  Certain 
Time  Whole  Sum  Due. 

Know  all  men  by  these  presents:  That  I,  A.  B.,  of  the  city  of  A.,  in 
the  county  of  B.,  and  state  of  C,  am  held  and  firmly  bound  unto  A.  P., 
of  the  same  place,  in  the  sum  of  one  thousand  dollars,  lawful  money  of 
the  United  States,  to  be  paid  to  the  said  A.  P.,  his  executors,  adminis- 
trators, or  assigns,  for  which  payment  well  and  truly  to  be  made,  I 
bind  myself,  my  heirs,  executors  and  administrators,  and  every  of  them, 
firmly  by  these  presents. 

Sealed  with  my  seal.     Dated  the  second  day  of  May,  1916. 

The  condition  of  the  above  obligation  is  such  that  if  the  above-bounden 
A.  B.,  or  his  heirs,  executors  and  administrators,  shall  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the  above-named  A.  P.,  his  executors, 
administrators  or  assigns,  the  just  and  full  sum  of  one  thousand  dollars, 
on  the  second  day  of  January,  which  will  be  in  the  j^ear  one  thousand 
nine  hundred  and  seventeen,  and  the  interest  thereon,  to  be  computed 
from  the  date  hereof,  at  and  after  the  rate  of  twelve  per  cent  per 
annum,  and  to  be  paid  yearly — then  the  above  obligation  to  be  void; 
else  to  remain  in  full  force  and  virtue. 

And  it  is  hereby  expressly  agreed,  that  should  any  default  be  made 
in  the  payment  of  the  said  interest,  or  of  any  part  thereof,  on  any  day 
whereon  the  same  is  made  payable,  as  above  expressed,  and  should  the 
same  remain  unpaid  and  in  arrear  for  the  space  of  thirty  days,  then  and 
from  thenceforth — that  is  to  say,  after  the  lapse  of  the  said  thirty 
days — the  aforesaid  principal  sum  of  one  thousand  dollars,  together 
with  all  arrearage  of  interest  thereon,  shall,  at  the  option  of  the  said 
A.  P.,  his  executors,  administrators,  and  assigns,  become  and  be  due 
and  payable  immediately  thereafter,  although  the  period  above  limited 
for  the  payment  thereof  may  not  then  have  expired,  anything  herein- 
before contained  to  the  contrary  thereof,  notwithstanding. 

In  witness  whereof  [etc.], 

[Signature.] 

rorm  Book — 18 


Forms  765-767  Cowdery's  Form  Book.  274 

No.  765.    Bond  for  Payment  of  Money. 

Know  all  men  by  these  presents:  That  I,  W.  B.,  do  owe  unto  J.  F., 
the  sum  of  $10,000  to  be  paid  unto  the  said  J.  F.,  his  executors,  admin- 
istrators, or  assigns,  on  the  3d  day  of  June,  1918,  next  ensuing  the 
date  hereof;  for  which  payment,  well  and  truly  to  be  made,  I  bind 
myself,  my  heirs,  executors,  and  administrators  (in  the  sum  of  $10,000), 
firmly  by  these  presents.  In  witness  Avhereof,  I  have  hereunto  set  my 
hand  and  seal  this  3d  day  of  June,  1917, 

[Signature.] 

No.  766.    Bond  for  Deed. 

Know  all  men  by  these  presents:  That  we,  J.  N.  W.,  as  principal, 
and  J.  A.  M.  and  W.  P.,  as  sureties,  all  of  the  city  and  county  of 
San  Francisco,  are  held  and  firmly  bound  unto  W.  -S.,  of  the  same  place, 
in  the  sum  of  ten  thousand  five  hundred  dollars  gold  coin  of  the  United 
States  of  America,  to  be  paid  to  the  said  W.  S.,  his  executors,  admin- 
istrators or  assig-ns ;  for  which  payment,  well  and  truly  to  be  made, 
we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and 
severally,  firmly  by  these  presents.  Sealed  with  our  seals  and  dated 
the  twentieth  day  of  December,  one  thousand  nine  hundred  and  sixteen. 

The  condition  of  the  above  obligation  is  such  that  if  the  above-bounden 
obligor  shall,  on  the  twentieth  day  of  March,  1916,  make,  execute  and 
deliver  unto  the  said  W.  S.,  or  to  his  assigns  (provided  that  the  said  S. 
shall,  on  or  before  that  day,  have  paid  to  the  said  obligor  the  sum  of 
ten  thousand  five  hundred  dollars,  gold  coin  of  the  United  States  of 
America,  the  price  by  said  S.  agreed  to  be  paid  therefor),  a  good  and 
sufficient  deed  for  conveying  and  assuring  to  the  said  W.  S.,  free  from 
all  encumbrances,  all  his  right,  title,  and  interest,  estate,  claim,  and 
demand  both  in  law  and  equity  as  well  in  possession  as  in  expectancy, 
of,  in,  or  to  that  certain  portion,  claim,  and  mining  right,  title,  or  prop- 
erty on  that  certain  vein  or  lode  of  rock  containing  precious  metals 
of  gold,  silver,  and  other  minerals,  and  situated  in  the  Big  Cottonwood 
Mining  District,  county  of  Utah,  and  Teii'itory  of  Utah,  and  described 
as  follows,  to  wit:  Conunencing  on  the  east  or  right  bank  of  Big  Cot- 
tonwood Canyon,  as  you  ascend  said  canyon,  distant  soutlieasterly  one 
hundred  and  fifty  rods  from  Mill  "A,"  thence  southeasterly  two  thou- 
sand feet,  and  running  parallel  with  and  distant  two  hundred  (200) 
feet  easterly  from  that  mining  claim  designated  and  known  by  the  name 
of  "Dolly  Varden"— then  this  obligation  to  be  void;  otherwise,  to  remain 
in  full  force  and  virtue. 
In  witness  whereof  [etc.]. 

[Signatures.] 

No.  767.    Bond  for  Deed  of  Mining  Property. 

Be  it  known  that  we,  ,  of  the  county  of ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,  are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars  ($ ),  current 


275  Bonds  and  Undeetakings.  Form  768 

lawful  money  of  the  United  Slates  of  America,  to  be  paid  to  the  said 

,  his  executors,  administrators  or  assigns ;  for  whieli  payment,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the  day  of  ,  19 — . 

The  condition  oi'  the  above  obligation  is  such  that  if  the  above-bounden 

obligor  shall,  on  the day  of ,  19—,  make,  execute,  and  deliver 

unto  the  said  ,  or  to  his  assigns  (provided  that  the  said  shall 

on  or  before  that  day  have  paid  to  the  said  obligor  the  sum  of  — — 

dollars  ($ ),  current  lawful  money  of  the  United  States  of  America, 

the  price  by  said agreed  to  be  paid  therefor),  a  good  and  sufficient 

deed  for  conveying  and  assuring  to  the  said  ,  free  from  all  encum- 
brances, all  his  right,  title,  and  interest,  estate,  claim,  and  demand, 
both  in  law  and  equity,  as  well  in  possession  as  in  expectancy,  of,  in, 
or  to  that  certain  portion,  claim,  and  mining  right,  title,  or  property 
on  that  certain  vein  or  lode  of  rock  containing  precious  metals  of  gold, 

silver,   and  other  minerals,   and  situated  in  the   mining  district, 

county  of ,  and  state  of ,  and  described  as  follows,  to  wit:  ; 

then  tliis  obligation  to  be  void;  otherwise,  to  remain  in  full  force  and 
virtue.  [Signatures.] 

Signed  and  delivered  in  presence  of  . 

No.  768.     Official  Bond. 

Know  all  men  by  these  presents :  That  we,  S.  S.  M.,  as  principal,  and 
F.  D.  A.,  G.  H.  K.,  J.  T.  D.,  R.  S.  E.,  S.  M.  M.,  and  B.  G.  L.,  as  sureties, 
are  held  and  firmly  bound  unto  the  state  of  California  in  the  following 
penal  sums,  to  wit:  The  said  principal  in  the  penal  sum  of  fifty  thou- 
sand dollars,  and  the  said  sureties  in  the  following  penal  sums,  to  wit : 
the  said  F.  D.  A.  in  the  penal  sum  of  ten  thousand  (10,000)  dollars; 
the  said  G.  H.  K.  in  the  penal  sum  of  five  thousand  (5,000)  dollars; 
the  said  J.  T.  D.  in  the  penal  sum  of  five  thousand  (5,000)  dollars;  the 
said  R.  S.  E.  in  the  penal  sum  of  ten  thousand  (10,000)  dollars;  the 
said  S.  M.  M.  in  the  penal  sum  of  ten  thousand  (10,000)  dollars;  the 
said  B.  G.  L.  in  the  penal  sum  of  ten  thousand  (10,000)  dollars;  for 
the  payment  of  which,  well  and  truly  to  be  made,  wo  bind  ourselves, 
our  heirs,  executors,  and  administrators,  jointly  and  severally,  firmly 
by  these  presents.  Sealed  with  our  seals  and  dated  this  fourth  day  of 
February,  1917. 

The  condition  of  the  above  obligation  is  such,  that,  whereas  the 
above-bounden  principal,  S.  S.  M.,  was,  at  a  general  election  held  in  this 
state  on  the  tenth  day  of  September,  1917,  duly  elected  to  the  office 
of  county  treasurer,  in  and  for  San  Mateo  county  and  state  aforesaid. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the 
said  S.  S.  M.  shall  well,  truly,  and  faithfully  perform  all  official  duties 
now  required  of  him  by  law,  and  shall  well,  truly,  and  faithfully  execute 
and  perform  all  the  duties  of  such  office  of  county  treasurer  required 


Form  769  Cowdery's  Form  Book.  276 

by  any  law  to  be  enacted  subsequently  to  the  execution  of  this  bond, 
then  this  obligation  is  to  be  void  and  of  no  effect;  otherwise  to  remain 
in  full  force  and  effect. 
In  witness  whereof  [etc.]. 

[Signatures.] 

No.  769.    Ofacial  Bond— Corporate  Security. 

Know  all  men  by  these  presents :  That  we, ,  as  principal,  and 

Company,  a  corporation,  having  its  principal  place  of  business  in  the 
city  of  Boston,  Massachusetts,  and  having  a  paid-up  capital  of  not  less 
than  one  million  dollars  ($1,000,000),  duly  incorporated  under  the  laws 
of  the  commonwealth  of  Massachusetts,  for  the  purpose  of  making, 
guaranteeing  and  becoming  surety  on  official  bonds  and  having  com- 
plied with  all  the  requirements  of  the  laws  of  the  state  of  California 
respecting  such  corporations,  as  surety,  are  held  and  firmly  bound  unto 

the  state  of  California,  in  the  sum  of  dollars,  gold  coin  of  the 

United  States  of  America,  to  be  paid  to  the  said  state  of  California, 
or  its  assigns,  for  which  payment,  well  and  truly  to  be  made,  we  bind 
ourselves,  our  heirs,  executors  and  successors  jointly  and  severally, 
firmly  by  these  presents. 

The   condition   of   the   above   obligation  is   such,   that   whereas,   the 

above-bounden  was,  on  the  day  of  ,  A.  D.  19—,  duly 

,  a ,  in  and  for  the  city  of ,  county  of ,  state  of  Cali- 
fornia,   . 

Now,  if  the  said  shall  well,   truly  and   faithfully  perform   all 

official  duties  required  of  him  by  law,  and  all  such  additional  duties  as 
may  hereafter  be  imposed  on  him  as  such  officer  by  any  law  of  tho 
state  of  California,  then  the  above  obligation  to  be  void,  other- 
wise to  remain  in  full  force  and  virtue. 

In  witness  whereof,  the  seal  and  signature  of  said  principal  is  hereto 
affixed  and  the  corporate  name  of  the  said  surety  is  hereto  affixed  and 
attested  by  its  duly  authorized  officers  at ,  California,  this day 

of ,  19—. 

[Seal] 

Company, 

By  ,  Attorney  in  Fact. 

State  of  California, 

County  of ,  ss. 

I  do  solemnly  swear  [or  affirm]  that  I  will  support  the  Constitution 
of  the  United  States  and  the  constitution  of  the  state  of  California, 

and  that  I  will  faithfully  discharge  the  duties  of  the  office  of  

according  to  the  best  of  my  ability. 

Subscribed  and  sworn  to  before  me  this day  of ,  19—. 


277  Bonds  and  Undertakings.  Forms  770, 771 

No.  770.    Bond  of  Indemnity  for  Loss  of  Original  Bill  of  Lading. 

Whereas,  there  was  received  by  the  Northern  Pacific  Railway  Com- 
pany for  shipment  at  ,  on  or  about  the  day  of  ,  A.  D. 

19 — ,  the  following  personal  property  ,  consig-ned  by  to  , 

at  ,   on  W.    B.   ,   19 — ,   and   whereas,    the   original   bill 

of  lading  covering  this  shipment  has  and  desire  that  said 

property  be  delivered  to  : 

Xow,   therefore,   the   undersigned,  in  consideiaiion   of   the   premises, 

hereby  covenant  and  agree  with  the  said  railway  company  that  

will  save  it  harmless  from  all  damages  and  costs  on  account  of  deliver- 
ing said   property   to  ,  without   surrender  of  the   original  bill   of 

lading,  and  further  agree —  that  will  indemnify  and  save  harmless 

said  raihvay  company  from  and  against  all  claims  and  demands  of  any 
other  person  or  persons  whomsoever  claiming  said  shipment,  or  any 
sum  or  sums  of  money  in  lieu  thereof,  upon  or  in  respect  of  said  before 
mentioned  bill  of  lading;  and  also  from  any  and  all  actions,  suits  or 
other  proceedings,  which,  at  any  time  hereafter,  shall  or  may  be  brought 
or  prosecuted  against  said  railway  company  upon  said  bill  of  lading, 

or  on  account  of  the  deliveiy  of  said  property  to  said  ,  and  also 

from  all  costs,  damages  and  expenses  which  said  raihvay  company  may 
bear  or  incur  by  reason  of  any  such  claim  as  aforesaid,  and  defend 
all  actions  brought  against  said  railway  company  on  account  thereof. 

Dated  this  day  of  ,  19 — . 

[Seal] 

[Seal] 

No.  771.    Fidelity  Bond— Clerk. 

Know  all  men  by  these  presents:  That  we,  J.  S.  and  J.  D.,  of  Troy, 
Ohio,  are  held  and  firmly  bound  unto  R.  R.,  of  Troy,  Ohio,  in  the  sum 
of  one  thousand  dollars,  to  be  paid  to  the  said  R.  R.,  his  executors, 
administrators,  or  assigns;  for  which  payment,  well  and  truly  to  be 
made,  we  bind  ourselves,  our  heirs,  executors,  and  administrators  firmly 
by  these  presents. 

Sealed  with  our  seals.     Dated  the  first  day  of  January,  1916. 

The  condition  of  the  above  obligation  is  such,  that,  whereas  the  said 
R.  R.  has  employed  the  said  J.  S.  as  a  clerk  in  his  business  of  banker: 
Now,  if  the  said  J.  S.  shall  well  and  faithfully  discharge  his  duties  as 
such  clerk,  and  shall  also  account  for  all  moneys  and  property,  and 
other  things,  which  may  come  into  his  possession  or  under  his  control 
as  such  clerk — then  the  above  obligation  to  be  void;  otherwise  to  remain 
in  full  force  and  virtue. 

In  witness  whereof  [etc.]. 

[Signatures.] 


Form  772  Cowdery's  Form  Book.  278 

No.  772.    Fidelity  Bond. 

Whereas,  ,  hereinafter  called  the  "employee,"  has  been  appointed 

to  the  jjosition  of  in  the  service  of  ,  hereinafter  called  tho 

"emiDloyer" ;  and 

Whereas,  the  "employer"  has  delivered  to  the  Massachusetts  Bonding 
and  Insurance  Company,  a  corporation  of  the  commonwealth  of  Massa- 
chusetts, hereinafter  called  the  "company,"  certain  statements  in  writing 
relative  to  the  employee,  his  conduct,  duties,  employment  and  accounts, 
the  manner  of  conducting  the  business  of  the  employer  and  other  things 
connected  with  the  issuance  of  this  bond,  which,  together  with  any 
other  statements  in  writing,  hereafter  made  bj"  the  employer  to  the 
company  relating  to  any  such  matters  do  and  shall  form  part  of  this 
contract,  or  any  continuation  or  continuations  tliereof,  and  shall  be 
warranties,  and  it  is  hereby  agreed,  that  any  such  statements,  made 
in  writing  by  the  president,  cashier,  or  any  officer  or  director  of  the 
employer  shall  be  considered  the  statements  of  the  employer  within  the 
meaning  hereof; 

Now,   therefore,  in   consideration   of  the   sum   of  dollars,   paid 

as  a  premium  for  the  period  from  to  ,  at  12  o'clock  noon, 

and  of  said  warranties  of  said  employer  as  aforesaid,  it  is  hereby 
agreed,  that  subject  to  the  obligations  imposed  on  the  employer,  by 
this  bond  and  the  warranties  aforesaid  which  are  part  hereof,  the 
performance  of  which  shall  be  conditions  precedent  to  the  right  on  the 
part  of  the  employer  tt>  recover  under  this  bond,  the  company  shall, 
at  the  expiration  of  three  months  next  after  proof  of  a  pecuniary  loss, 
as  hereinafter  mentioned,  has  been  given  to  the  company,  reimburse 

the  employer  to  the  extent  of  the  sum  of dollars,  and  no  further 

for  such  pecuniary  loss  of  moneys,  securities  or  other  personal  prop- 
erty belonging  to  the  em^^loyer,  as  the  employer  shall  have  sustained 
by  any  dishonest  act  or  acts  committed  by  the  employee  in  the  per- 
formance of  the  duties  of  the  office  or  position  in  the  service  of  the 
employer  hereinbefore  referred  to,  or  of  such  other  office,  or  position 
as  the  employee  may  be  subsequently  appointed  to  or  called  upon  to 
fill  by  the  employer,  as  such  duties  have  been,  or  may  hereafter  be  stated 
in  writing  by  the  employer  to  the  company,  and  occurring  during  the 
continuance  of  this  bond,  and  discovered  at  any  time  within  six  months 
after  the  expiration  or  cancellation  of  this  bond,  or  in  case  of  the  death, 
resignation  or  removal  of  the  employee  prior  to  the  expiration  or  can- 
cellation of  the  bond,  within  six  months  after  such  death,  resignation 
or  removal; 

This  bond  may  be  continued  from  year  to  year,  at  the  option  of  the 
employer,  at  the  same  or  an  agi'eed  premium  rate,  so  long  as  the  com- 
pany shall  consent  to  receive  the  same;  provided,  that  the  liability  of 
the  company  as  surety  for  the  employee  to  the  employer  shall  not  exceed 
the  amount  above  written  whether  the  loss  shall  occur  during  the  term 
of  the  bond  above  named,  or  during  any  continuation  or  continuations 


279  Bonds  and  Undertakings.  Form  1 1 2 

thereof,  or  partly  during  the  said  term  and  partly  during  the  said  con- 
tinuation or  continuations. 

This  bond  is  issued  and  continued  upon  and  subject  to  the  following 
additional  conditions  and  provisions: 

That  the  actual  payment  of  the  premium  and  its  acceptance  by  the 
company,  for  either  the  issue  or  continuance  of  this  bond,  is  essential 
to  tlie  validity  of  this  bond  or  any  continuation  thereof,  and  a  condition 
precedent  to  any  right  to  claim  hereunder; 

That  the  employer,  on  becoming  aware  of  any  act  which  may  be  made 
the  basis  of  any  claim  hereunder,  shall  immediately  give  the  company 
notice  thereof,  in  writing,  by  a  registered  letter,  addressed  to  the  presi- 
dent of  the  company,  Boston,  Massachusetts,  and  shall,  within  ninety 
days  after  its  so  becoming  aware  of  such  act  as  aforesaid,  file  with 
the  company  its  itemized  claim  hereunder  at  its  own  cost  and  expense, 
with  full  particulars  thereof  duly  sworn  to;  and,  if  required,  the 
employer  shall  also  produce  in  support  thereof  for  investigation  by 
the  company,  or  its  representative,  at  the  office  of  the  employer,  all 
appropriate  books,  vouchers  and  evidence  as  may  be  required  by  the 
company;  and  this  bond  shall  become  void;  both  as  to  any  existing,  or 
future  liabilities  thereunder  unless  the  aforesaid  notice  shall  have  been 
given  as  provided  for,  and  unless  claim  is  filed  within  the  time  and 
manner  above  specified,  and  until  such  books,  vouchers  and  evidence 
(if  required)  have  been  furnished  to  the  company  for  investigation  as 
above  stated;  provided  that  no  claim  shall  be  payable  hereunder  that 
shall  be  filed  with  the  company  after  the  period  of  six  months  from 
the  expiration  or  cancellation  of  this  bond,  or  after  a  period  of  six 
months  from  the  death,  resignation  or  removal  of  the  employee,  occur- 
ring prior  to  the  expiration  or  cancellation  of  this  bond.  Provided, 
further,  that  there  shall  be  no  liability  on  this  bond  for  any  dishonest 
act  or  acts  committed  by  the  employee  after  the  employers  first  becom- 
ing aware  of  any  act  which  may  be  made  the  basis  of  a  claim  hereunder. 
That  upon  notification  to  the  company  of  any  loss  hereunder,  the 
company's  liability  shall  thereupon  terminate  as  regards  any  subse- 
quent act  of  the  employee; 

That  if,  without  previous  notice  to  and  consent  of  the  company 
thereto,  in  writing,  the  employer  shall  continue  the  employee  in  its 
employment,  after  having  become  aware  of  any  act  which  may  bo 
made  the  basis  of  any  claim  hereunder,  or  make  any  settlement  with 
the  employee  for  any  loss  hereunder,  or  do  any  act  whereby  the  liability 
of  the  employee  to  the  employer  is  changed  in  any  material  respect,  this 
bond  shall  be  null  and  void,  both  as  to  any  existing  or  future  liabilities 
hereunder,  and  any  willful  misstatement  or  suppression  of  facts  in  any 
claim  made  hereunder  shall  render  this  bond  void  from  the  beginning. 
That  there  shall  be  a  complete  inspection  of  the  accounts  and  books 
of  the  employee  on  behalf  of  the  employer  at  least  once  in  every  twelve 
months  from  the  date  of  this  bond,  such  inspection  to  include  exam- 


Form  772  Cowdery's  Form  Book.  280 

ination  of  all  cash  and  securities  of  which  the  employee  shall  have 
custody  or  charge; 

That  the  employer  shall  at  once  notify  the  company  on  becoming 
aware  of  the  employee  being  engaged  in  speculation  or  gambling  or 
indulging  in  any  disreputable  or  unlawful  habits  or  pursuits ; 

That  if  the  employer  shall  at  any  time  hold  concurrently  with  this 
bond,  or  represent  to  the  company  in  any  statement  to  it,  that  it  does 
or  will  at  any  time  hold  concurrently  with  this  bond,  any  other  bond 
or  guaranty  of  security  from  or  on  behalf  of  the  employee,  the 
employer  shall  be  entitled,  in  the  event  of  loss  as  hereinbefore  stated, 
to  claim  hereunder  only  such  proportion  of  the  loss  as  the  amount 
covered  by  this  bond  bears  to  the  whole  amount  of  security  carried, 
or  so  stated  as  carried  or  to  be  carried  on  the  employee's  behalf, 
wliether  the  employer  shall  be  able  to  reimburse  itself  from  such  other 
bond  or  guaranty  so  carried  or  stated  to  be  caiTied,  or  not,  or  whether 
the  same  has  been  allowed  to  lapse  or  not ; 

That  if  the  company  shall  so  elect,  this  bond  may  be  canceled  at  any 
time  by  giving  thirty  days'  notice  in  writing,  to  the  employer,  and 
this  bond  shall  be  deemed  canceled  at  the  expiration  of  the  said  thirty 
days,  the  company  remaining  liable  for  all  or  any  act  covered  by  this 
bond  which  may  have  been  committed  by  the  said  employee  up  to  the 
date  of  said  cancellation  under  the  terms,  conditions  and  provisions 
of  this  bond,  and  the  company  shall,  upon  the  surrender  of  this  bond, 
and  its  release  from  all  liability  thereunder,  refund  the  premium  paid, 
less  a  pro  rata  part  thereof  for  the  time  this  bond  shall  have  been  in 
force ; 

That  whenever  the  employer  warrants  by  any  of  the  statements  made 
the  basis  of  this  bond  or  any  continuation  or  continuations  tliereof, 
that  the  employee  shall  be  required  to  do  anything,  any  failure  by  the 
employee  to  do  such  thing,  to  the  knowledge  of  any  officer  or  director 
of  the  employer,  whether  in  collusion  with  the  employee  or  not,  shall 
render  this  bond  or  any  continuation  or  continuations  thereof  null  and 
void  as  to  any  subsequent  dishonest  act  or  acts  committed  by  the 
employee,  unless  upon  notice  of  such  failure  the  company  shall  waive 
the  same  in  writing  over  the  signature  of  one  of  its  officers; 

Tliat  no  proceeding  at  law  or  in  equity  shall  be  brought  to  recover 
any  claim  under  this  bond,  unless  the  same  is  commenced  and  the  pro- 
cess served  upon  the  company  within  a  period  of  twelve  calendar 
months  next  after  the  employer  first  becoming  aware  of  any  act  which 
may  be  made  the  basis  of  a  claim  hereunder; 

That  the  company,  upon  the  execution  of  this  bond,  shall  not  there- 
after be  liable  to  the  employer  under  any  bond  previously  issued  to 
the  employer  on  behalf  of  said  employee  in  any  employment  under  said 
employer,  the  acceptance  of  this  bond  being  a  release  to  the  company 
of  any  possible  liability  under  such  pi'ior  bond,  and  upon  the  issuance 
of  any  bond  subsequent  hereto  upon  said  employee  in  favor  of  said 
emploj'^er  in  any  employment  under  said   employer,  the   liability  here- 


281  Bonds  and  Undertakings.  Form  773 

under  shall  cease  and  determine,  and  the  acceptance  thereof  shall  be  a 
release  to  the  company  of  any  possible  liability  nnder  this  bond; 

That  the  employer  shall,  if  so  required  by  the  company,  duly  apply 
for  a  warrant  for  the  arrest  of  the  employee  for  the  dishonest  act  or 
acts  committed  by  the  employee,  which  is  the  basis  of  any  claim  here- 
under, and  give  all  the  aid  and  information  in  its  power  (at  the  cost 
and  expense  of  the  company)  to  bring  the  said  employee  to  justice,  or 
to  aid  the  company  to  sue  for  and  obtain  reimbursement  from  the 
employee  or  his  estate  or  third  persons,  of  moneys  which  the  company 
shall  have  paid  or  become  liable  to  pay,  by  virtue  of  this  bond; 

That  if  any  officer  or  director  of  said  employer  shall  become  aware 
of  any  act  of  the  said  emploj^ee  which  may  be  made  the  basis  of  any 
claim  hereunder,  the  employer  shall  be  deemed  to  have  become  aware 
of  such  act  v\dthin  the  meaning  of  this  bond,  even  though  such  officer 
or  director  shall  be  in  collusion  with  such  employee; 

That  no  one  of  the  above  conditions  or  provisions  contained  in  this 
bond,  shall  be  deemed  to  have  been  waived  by  or  on  behalf  of  the 
company,  unless  the  waiver  be  in  writing,  over  the  signature  of  an 
officer  of  the  company,  and  notice  to  any  agent  of  the  company,  or 
knoAvledge  possessed  by  any  agent  of  the  company  shall  not  be  held 
to  effect  a  waiver  or  change  in  this  contract  or  any  part  of  it. 

In  witness  whereof,  the  said  principal  has  hereunto  set  his  hand  and 

seal  and  the  said  company  has  caused  this  bond  to  be  signed  by  its 

president  and  its  secretary,  and  its  corporate  seal  to  be  hereunto 

affixed  this day  of . 

[Seal] 

■ ,  President. 

— — ,  Secretaiy. 

Examined  by  , 

No.  773.    Notary's  Bond. 

Know  all  men  by  these  presents:  That  we,  R.  H.,  as  principal,  and 
C.  K.,  E.  S.,  and  G.  H.,  as  sureties,  all  of  the  city  of  San  Francisco, 
state  of  California,  are  held  and  firmly  bound  unto  the  state  of  Cali- 
fornia, the  said  R.  H.  in  the  sum  of  five  thousand  dollars,  and  the 
said  sureties  in  the  following  named  sums,  viz. :  C.  K.,  for  five  thou- 
sand dollars,  and  E.  S.  and  G.  H.  for  the  sum  of  twenty-five  hun- 
dred dollars  each,  making  in  the  aggregate  the  whole  penal  sum  of  five 
thousand  dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  state  of  California;  for  which  payment,  well  and  truly  to  be  made, 
we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and 
severally,  firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this  twenty-sixth  day  of  March,  1916. 

The  condition  of  the  above  obligation  is  such,  that  whereas,  G.  C.  P., 
Governor  of  California,  has  appointed  and  commissioned  the  above- 
bounden  R.  H.,  a  notary  public  in  and  for  the  city  and  county  of  San 
Francisco,  by  commission  dated  the  third  day  of  March,  1916;  Now, 
therefore,  if  the  said  R.  H.  shall  well  and  truly  perform  the  duties  of 


Form  774  Cowdery's  Form  Book.  282 

a   notary   public,   as    aforesaid,    during   his   incumbency   of   said   office 

under   and  by   virtue   of  the   commission  aforesaid,  according   to   law, 

and  sliall  faithfully  discharge  all  duties  which  may  be  required  of  him 

by  any  law  enacted  subsequently  to  the  execution  of  this  bond,  then 

this  obligation  shall  become  void ;  otherwise,  to  remain  in  full  force  and 

effect. 

In  witness  whereof  [etc.]  r~.        ,  - 

^  [Signatures.] 

No.  774.    Bond  of  Treasurer  or  Trustee. 

Know  all  men  by  these  presents:  That  we,  J.  D.,  as  principal,  and 
R.  R.  and  I.  S.,  as  sureties,  all  of  the  city  and  county  of  San  Francisco, 
state  of  California,  are  held  and  firmly  bound  unto  H.  H.  and  T.  S., 
both  of  the  said  city  and  county,  in  the  sum  of  one  thousand  dollars, 
gold  coin  of  the  United  States,  to  be  paid  unto  the  said  H.  H.  and 
T.  S.,  or  their  successors  in  office,  or  their  certain  attorneys,  executors, 
administrators,  or  assigns;  to  which  payment,  well  and  truly  to  be 
made,  we  jointly  and  severally  bind  ourselves,  our  heirs,  executors,  and 
administrators,  firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  the  twenty-fourth  day  of  December, 
1916. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
named  J.  D.  has  been  chosen  by  an  association,  known  as  the  Union 
League,  treasurer  [or,  one  of  the  trustees]  of  said  association  by  reason 
whereof  and  as  such  treasurer  [or  trustee],  he  will  receive  into  his  hands 
and  possession  divers  sums  of  money,  goods,  and  chattels,  and  other 
things,  the  property  of  said  association;  and  is  bound  to  keep  true  and 
accurate  accounts  of  said  property,  and  of  his  receipts  and  disburse- 
ments for  and  on  account  of  said  association. 

Now,  therefore,  if  the  said  J.  D.  shall  well  and  truly  perform  all 
and  singular  the  duties  of  treasurer  [or  trustee]  of  said  association, 
for  and  during  his  official  term,  and  until  he  shall  deliver  all  the  prop- 
erty which  he  may  receive  as  such  treasurer  [or  trustee]  to  his  successor 
in  said  office,  or  to  such  other  person  as  the  said  association,  or  its 
authorized  officers,  may  direct,  according  to  the  provisions  of  the  con- 
stitution, bj'-laws,  rules,  and  regulations  of  said  association  now  exist- 
ing, or  which  may  be  by  said  association  adopted;  and  shall  keep  true 
and  just  accounts  of  all  property  belonging  to  the  said  association  that 
may  come  to  his  hands;  and  shall  exhibit  and  submit  to  the  said  asso- 
ciation, or  to  the  persons  by  them  thereunto  appointed,  his  said  accounts, 
and  the  vouchers  therefor,  whenever  he  shall  be  thereto  properly  re- 
quested; and  shall,  at  the  expiration  of  his  term  of  office,  by  any  cause 
v.'hatever,  deliver  up  to  his  successor  in  office  all  the  property  of  the 
said  association  that  may  be  found  to  remain  in  his  hands,  and  his 
books  of  accounts,  and  the  vouchers  thereunto  belonging — then  this 
obligation  shall  be  null  and  void;  otherwise,  to  remain  in  full  force 
and  virtue. 

In  witness  whereof  [etc.].  rr.-       j.         i 

'-  [Signatures.] 


283  Bonds  Ai^.D  Undertakings.  Forms  775, 776 

No.  775.    Bottomry  Bond. 

Know  all  men  by  these  presents:  That  I,  A.  B.,  master  and  one-third 
owner  of  the  ship  L.,  for  myself  and  P.  C,  who  owns  the  other  two- 
thirds  of  said  ship,  am  held  and  firmly  bound  unto  A.  F.,  in  the  penal 
sum  of  one  thousand  dollars,  lawful  money,  for  the  payment  of  which 
to  the  said  A.  F.,  his  heirs,  executors,  administi'ators,  or  assigns,  I 
hereby  bind  myself,  my  heirs,  executors,  and  administrators,  firmly  by 
these  presents. 

Sealed  with  my  seal.     Dated  the  second  day  of  June,  1917. 

Vvliereas,  the  above-bounden  A.  B.  hath  taken  up  and  received  of  the 
said  A.  F.  the  just  and  full  sum  of  one  thousand  dollars,  which  sum 
is  to  run  at  respondentia,  on  the  block  and  freight  of  the  said  L.,  whereof 
the  said  A.  B.  is  now  master  from  the  port  of  S.  F.  on  a  voyage  to 
the  port  of  N.  Y.,  having  permission  to  touch,  stay  at,  and  proceed 
to  and  call  at,  all  ports  and  places  within  the  limits  of  the  voyage,  at 
the  rate  of  premium  at  twelve  per  cent  for  the  voyage.  In  considera- 
tion whereof,  usual  risks  of  the  sea,  rivers,  enemies,  fires,  pirates,  etc., 
are  to  be  on  account  of  the  said  A.  F.  And  for  further  security  of 
the  said  A.  F.,  the  said  A.  B.  doth,  by  these  presents,  mortgage  and 
assign  over  to  the  said  A.  F.,  his  heirs,  executors,  administrators,  and 
assigns,  the  said  ship  L.  and  her  freight,  together  with  all  her  tackle, 
apparel,  etc.  And  it  is  hereby  declared,  that  the  said  ship  L.  and  her 
freight  is  thus  assigned  over  for  the  security  of  the  respondentia  taken 
up  by  the  said  A.  F.,  and  shall  be  delivered  to  no  other  use  or  purpose 
whatever,  until  payment  of  this  bond  is  first  made,  with  the  premium 
that  may  become  due  thereon. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the 
above-bounden  A.  B.,  his  heirs,  executors,  or  administrators,  shall  and 
do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  A.  F.,  or  to 
his  attorneys  legally  authorized  to  receive  the  same,  his  or  their  execu- 
tors, administrators,  or  assigns,  the  just  and  full  sum  of  one  thousand 
dollars,  being  the  principal  of  this  bond,  together  with  the  premium 
which  shall  become  due  thereon,  at  or  before  the  expiration  of  twenty 
days  after  the  arrival  of  the  ship  L.  at  the  port  of  N.  Y. ;  or,  in  case 
of  the  loss  of  the  said  ship,  such  an  average  as  by  custom  shall  have 
become  due  on  the  salvage — then  this  obligation  is  to  be  void;  other- 
wise, to  remain  in  full  force  and  virtue. 

Having  signed  to  three  bonds  of  the  same  tenor  and  date,  the  one  of 
which  being  accomplished,  the  other  two  to  be  void  and  of  no  effect. 

In  witness  whereof  [etc.]. 

[Signatures.] 

ITo.  776.    Legatee's  Bond. 

Know  all  men  by  these  presents:  That  we,  A.  B.,  principal,  and 
C.  D.  and  E.  F.,  of,  etc.,  are  held  and  firmly  bound  unto  A.  L.  and  P.  C, 
of,  etc.,  executors  of  the  last  will  and  testament  of  W.  B.,  deceased, 
late  of  the  town  of  D.,  in  the  sum  of  one  thousand  dollars,  lawful  money 


Form  777  Cowdery's  Form  Book.  284 

of  the  United  States,  to  be  paid  to  the  said  A.  L.  and  P.  C,  executors, 
as  aforesaid,  the  survivor  or  survivors,  or  his  or  their  assigns;  for 
which  payment,  well  and  truly  to  be  made,  we  bind  ourselves,  our  and 
each  of  our  heirs,  executors,  administrators,  jointly  and  severally,  firmly 
by  these  presents. 

Sealed  Avith  our  seals.     Dated  the  second  day  of  January,  1916. 

Whereas,  in  and  by  the  last  will  and  testament  of  the  said  "W".  B., 
deceased,  a  legacy  of  one  thousand  dollars  is  bequeathed  to  the  said 
A.  B.,  which  has  been  paid  to  him  by  the  said  executors  as  aforesaid. 

Now,  the  condition  of  this  obligation  is  such,  that  if  any  debts  against 
the  deceased  above  named  shall  duly  appear,  and  which  there  shall 
be  no  other  assets  to  pay,  and  if  there  shall  be  no  other  assets  to  pay 
other  legacies,  or  not  sufficient,  then  the  said  A.  B.  shall  refund  the 
legacy  so  paid,  or  such  ratable  proportion  thereof,  with  the  other 
legatees  of  the  deceased,  as  may  be  necessary  for  the  payment  of  such 
debts  and  the  proportional  parts  of  other  legacies,  if  there  be  any,  and 
the  costs  and  charges  incui-red  by  reason  of  the  payment  of  the  said 
one  thousand  dollars;  and  that  if  the  probate  of  the  will  of  the  said 
deceased  be  revoked  or  the  will  declared  void,  then  the  said  A.  B.  shall 
refund  the  whole  of  the  legacy,  with  interest,  to  the  said  A.  L.  and 
P.  C,  their  executors,  administrators  or  assigns. 

In  witness  whereof  [etc.]. 

[Signatures.] 

No.  777.    Sheriff's  Indemnity  Bond  on  Attachment. 

Know  all  men  by  these  presents:  That  we,  G.  B.,  as  principal,  and 
S.  D.  and  D.  S.,  as  sureties,  are  held  and  firmly  bound  unto  P.  H.,  sheriff 
of  the  city  and  county  of  San  Francisco,  state  of  California,  in  the 
sum  of  five  thousand  five  hundred  and  fifty  dollars,  gold  coin  of  the 
United  States  of  America,  to  be  paid  to  the  said  sheriff,  or  his  certain 
attorney,  executors,  administrators  or  assigns,  for  which  payment,  well 
and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents. 

Sealed  Avith  our  seals,  and  dated  the  twenty-sixth  day  of  January,  1916. 

Whereas,  under  and  by  virtue  of  a  writ  of  attachment,  issued  out  of 
the  superior  court  of  the  city  and  county  of  San  Francisco,  in  an 
action  v/herein  the  said  G.  B.  is  plaintiff,  and  J.  R.  S.  and  E.  H.,  de- 
fendants, against  said  defendants,  directed  and  delivered  to  said  P.  H., 
sheriff  of  the  city  and  county  of  San  Francisco,  the  said  sheriff  was 
commanded  to  attach  and  safely  keep  all  the  property  of  said  defendants 
within  this  county,  not  exempt  from  execution,  or  so  much  thereof 
as  may  be  sufficient  to  satisfy  the  plaintiff's  demand,  amounting  to  two 
thousand  five  hundred  and  sixty-six  dollars  and  forty-five  cents.  United 
States  gold  coin,  as  therein  stated,  and  the  said  sheriff  did  thereupon 
attach  the  following  described  goods  and  chattels,  viz. :  [Here  insert 
description.] 


285  Bonds  and  Undertakings.  Form  778 

And  whereas,  upon  the  taking  of  the  said  goods  and  chattels,  by 
virtue  of  the  said  writ,  one  N.  B.  claimed  the  said  goods  and  chattels 
as  his  own  property. 

And  whereas  the  said  plaintiff,  notwithstanding  such  claiming,  re- 
quires of  said  sheriff  that  he  shall  retain  said  property  under  such 
attachment  and  in  his  custody. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the 
said  G.  B.,  S.  D.,  and  D.  S.,  their  heirs,  executors,  and  administrators, 
or  either  of  them,  shall  well  and  truly  indemnify  and  save  harmless 
the  said  sheriff,  his  heirs,  executors,  and  administrators,  of  and  from 
all  damages,  expenses,  costs  and  charges,  and  against  all  loss  and 
liability  which  he,  the  said  sheriff,  his  heirs,  executors,  or  adminis- 
trators, shall  sustain,  or  in  anywise  be  put  to,  for  or  by  reason  of  the 
attachment,  seizing,  levying,  taking,  or  retention  by  the  said  sheriff, 
in  his  custody,  under  said  attachment,  of  the  said  property  claimed 
as  aforesaid,  then  the  above  obligation  to  be  void;  otherwise,  to  remain 
in  full  force  and  virtue. 

In  witness  whereof  [etc.]. 

[Signatures.] 

No.  778.    Sheriff's  Indemnity  Bond  on  Execution. 

[Title  of  Court  and  Cause.] 

Know  all  men  by  these  presents,  that  we, ,  of  the  city  and  county 

of  San  Francisco,  as  principal,  and ,  of  the  said  county,  and  . 

of  the  said  county,  as  sureties,  are  held  and  firmly  bound  unto  , 

sheriff  of  the  city  and  county  of  San  Francisco,  in  the  sum  of  

dollars,  gold  coin  of  the  United  States  of  America,  to  be  paid  to  the 
said  sheriff,  or  his  executors,  administrators  or  assigns,  for  which  pay- 
ment, well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors 
and  administrators,  jointly  and  severally,  firmly  by  these  presents. 

Dated  at  San  Francisco,  the day  of ,  A.  D.  19 — . 

Whereas,  under  and  by  virtue  of  a  writ  of  execution  issued  out  of 
the  superior  court  of  the  city  and  county  of  San  Francisco,  state  of 

California;   in  the   action  above   entitled  ,   directed  and  delivered 

to  said  ,  sheriff  of  the  city  and  county  of  San  Francisco,  the  said 

sheriff  was  commanded  to  satisfy  the  judgment  with  interest  and  costs, 
out  of  the  personal  property  of  such  defendant  within  his  said  city 
and  county,  not  exempt  from  execution,  or  as  much  thereof  as  may  be 

sufficient  to  satisfy  the  plaintiff's  demand;  amounting  to  dollars, 

as  therein  alleged,  and  the  said  sheriff  did  thereupon  levy  upon  and  take 
into  possession  the  following  described  goods  and  chattels:  

And   whereas,   upon   the   taking   of  the   said  goods   and   chattels   by 

virtue  of  the  said  writ  of  execution,  claimed  the  said  goods  and 

chattels  as  property. 

And  whereas,  the  said  plaintiff  requires  of  said  sheriff  that  he  shall 
retain  said  property,  under  such  levy  under  execution  and  in  his 
custody. 


Form  778  Cowdery's  Form  Book.  286 

NoAV,  therefore,  in  consideration  that  the  said  ,  sheriff,  by  him- 
self,  deputy,   keeper,   or  other  officer  or  person  retain   said  property 

in  his  custody,  we  ,  as  principal,  and  and  ,  as  sureties, 

hereby    agi-ee    to    indemnify    and   save    harmless   said   ,   sheriff,    in 

executing  said  writ  or  taking  or  retaining  in  custody  said  property  there- 
under, from  all  damages,  costs,  counsel  fees,  expenses  or  judgments  he 
may  incur  or  suffer  in  consequence  of  levying  upon,  taking  or  retaining 
in  custody  and  sale  of  said  goods  and  chattels  under  said  execution. 
Also,  that  we  will  pay  off  and  discharge  any  and  all  judgments,  damages 
and  costs  that  the  said  sheriff,  or  any  of  his  deputies,  may  or  shall 
become  liable  to  pay  by  reason  of  said  levy,  taking  or  retention  and 
sale  of  said  property  by  him  the  said  ,  sheriff. 

And  that  it  may  be  lav/ful  for  the  said  sheriff,  his  heirs,  executors, 
administrators  or  assigns,  to  bring  suit  against  the  principal  and  sure- 
ties hereto,  or  either  of  them,  or  their,  or  either  of  their  executors, 
administrators  or  assigns  immediately  upon  the  rendition  of  any  judg- 
ment against  the  plaintiff  in  said  cause,  or  upon  recovery  of  judgment 
against  the  said  sheriff,  his  heirs,  executors,  administrators  or  assigns, 
for  having  levied  upon,  taken  or  retained  said  property;  also  the  sale 
of  said  property  or  upon  the  rendition  of  any  judgment  against  said 

,   sheriff,   for   said   levy,   seizure   or   retention   under   said  writ   of 

execution,  and  written  notice  thereof  to  said  principal  and  sureties,  or 
either  of  them,  said  judgment  will  be  conclusive  evidence  of  the  right 

of  said  ,  sheriff,  to   recover  judgment  against  said  principal  and 

sureties,  or  either  of  them,  and  judgment  ma}^  be  entered  against  said 
principal   and  sureties,   or  either  of  them,  in  any  court  wherein   said 

judgment  against  said  ,  sheriff,  may  be  rendered,  for  the  amount 

recovered  against  said  ,  sheriff,  not  exceeding  said  sum  of  $ — — , 

including  costs  and  reasonable  counsel  fees,  on  motion,  upon  notice 
of  five  days  to  said  principal  and  sureties,  or  either  of  them.  And 
that  said  sheriff  shall  not  be  required  first  to  pay  the  said  judgment 
or  counsel  fees  in  order  to  entitle  him  or  his  legal  representatives  to 
maintain  such  suit  and  recover  judgment  thereon,  or  to  have  judgment 
entered  against  said  principal  and  sureties,  or  either  of  them,  then,  the 
above  obligation  to  be  void;  otherwise  to  remain  in  full  force  and  eft'ect. 

Sealed  and  delivered  in  the  presence  of 

[L.  S.} 

Residing  at  No. Street. 

• [L.S.] 

Residing  at  No. Street. 

[L.  S.] 

Residing  at  No. Street. 

State  of  California, 

City  and  County  of  San  Francisco,  ss. 

and  ,  whose  names   are   subscribed  as  the   sureties  to  the 

above  undertaking,  being  severally  duly  sworn,  each  for  himself,  de- 
poses and  says:  That  he  is  a  resident  and  holder  of  the  county  of 


2S7  Bonds  AND  Undertakings.  Forms  779-781 

San  Francisco,  and  is  worth  the  sum  in  the  said  undertaking  specified 
as  the  penalty  thereof,  over  and  above  all  his  debts  and  liabilities, 
exclusive  of  property  exempt  from  execution. 

[Signature.] 
Sworn  to  before  me,  this day  of ,  A.  D.  191 — . 

Witness:  

No,  779.    Bond  from  Several  Persons  for  Several  Sums. 

Know  all  men  by  these  presents:  That  A.  B.,  etc.,  C.  D.,  etc.,  E.  F., 
etc.,  G.  H.,  etc.,  and  J.  K.,  etc.,  are  severally  and  respectively  held 
and  bound  unto  N.  0.  in  the  respective  sums  following,  viz.,  each  of 
them  the  said  A.  B.,  C.  D.,  E.  F.,  G.  H.,  in  the  sum  of  $1,000  apicr-e, 
and  the  said  J.  K.,  in  the  sum  of  $5,000,  to  be  paid  to  the  said  N.  0., 
his,  etc.,  to  which  said  several  payments,  well  and  truly  to  be  made, 
each  of  them  doth  hereby  bind  and  oblige  himself,  his  heirs,  etc.,  sever- 
ally and  respectively,  but  not  jointly,  nor  one  for  the  other,  firmly  by 
those  presents. 

Dated  -.  [Signatures.] 

No.  780.    Bond  for  Performance  of  Covenants. 

Be  it  known  that  we,  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,  are  held  and  firmly  bound 

unto ■  of  said  county,  in  the  sum  of  dollars  ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,  his  executors,  administrators,  or  assigns ;  for  which  payment,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the  day  of  ,  19 — . 

The  condition  of  the  above  obligation  is  such  that  if  the  above-named 

,  his  heirs,   executors,   and  administrators,   do  and  shall  well  and 

truly  observe,  perform,  and  keep  all  and  every  the  covenants  specified 
and  contained  in  a  certain  indenture  of  [etc.],  bearing  even  date  Avith 
the  above  obligation,  and  made  between   [etc.],  which  on  the  part  and 

behalf   of  the  said  ,   his   heirs,   executors,   and  administrators,   is, 

are,  and  ought  to  be  observed,  performed,  fulfilled,  and  kept,  according 
to  the  true  intent  and  meaning  of  the  same  indenture,  then  the  above 
written  obligation  shall  be  void;  otherwise,  to  remain  in  full  force  and 
virtue. 

[Signatures.] 

Signed  and  delivered  in  presence  of . 

No.  781.     Bond  for  Performance — To  be  Indorsed  on  Contract. 

Be  it  known  that  we,  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,  are  held  and  firmly  boui>d 

unto  of  said  county,  in  the  sum  of  dollars  ($ ),  curreiit 


Form  782  Cowdery's  Form  Book.  288 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,  his  executors,  administrators  or  assigns ;  for  which  payment,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the  day  of ,  19—. 

The  condition  of  this  obligation  is  such  that  if  the  above-boimdcn 

J  his  executors,  administrators,  or  assigns,  shall  in  all  things  stand 

to  and  abide  by,  and  well  and  truly  keep  and  perform,  the  covenants, 
conditions,  and  agreements  in  the  within  instrument  contained  on  his 
or  their  part  to  be  kept  and  performed,  at  the  time  and  in  the  manner 
and  form  therein  specified,  then  the  above  obligation  shall  be  void; 
otherwise,  to  remain  in  full  force  and  virtue. 

[Signatures.] 

Signed  and  delivered  in  presence  of  . 

No.  782.    Bond  of  Indemnity  to  Surety. 

Be  it  known  that  we,  A.  B.,  as  principal,  and  G.  H.  and  L.  M.,  as 
sureties,  are  held  and  firmly  bound  unto  C.  D.  of  said  county,  in  the 

sum  of dollars  ($ ),  current  lawful  money  of  the  United  States 

of  America,  to  be  paid  to  the  said  C.  D.,  his  executors,  administrators 
or  assigns;  for  which  payment,  well  and  truly  to  be  made,  we  bind 
ourselves,  our  heirs,  executors  and  administrators,  jointly  and  sever- 
ally, firmly  by  these  presents. 

Dated  and  signed  the day  of ,  19—. 

Whereas,  the  said  C.  D.,  at  the  special  instance  and  request  of  the 
above-bounden  A.  B.,  has  bound  himself,  together  with  the  said  A.  B., 
unto  one  E.  F.,  of,  etc.,  in  a  certain  obligation,  bearing  even  date  here- 
with, in  the  penal  sum  of  one  thousand  dollars,  gold  coin  of  the  United 
States,  conditioned  for  the  payment,  in  like  gold  coin,  of  the  sum  of 
five  hundred  dollars,  due  and  owing  by  the  said  A.  B.  to  the  said  E.  F. 
on,  etc.  [as  in  the  bond ;  or,  if  a  bail  bond  be  referred  to,  say— condi- 
tioned for  the  appearance  of  the  said  A.  B.,  etc.] . 

Now,  therefore,  the  condition  of  the  above  obligation  is  such,  that 
if  the  said  A.  B.  shall  well  and  truly  perform  and  fulfill  the  condition 
of  the  said  bond  executed  to  the  said  E.  F.,  in  manner  and  form  as  he 
is  therein  required  to  do,  and  at  all  times  hereafter  save  harmless  the 
said  C.  D.,  his  heirs,  executors,  and  administrators,  of  and  from  the 
said  obligation,  and  of  and  from  all  actions,  costs  and  damages,  for 
or  by  reason  thereof,  then  this  obligation  to  be  void;  else  to  remain  in 
full  force  and  virtue. 

In  witness  whereof  [etc.]. 

[Signatures.] 


289  Bonds  and  Undertakings.  Form  783 

No.  783.    Bond  of  Indemnity  to  Surety— Another  Form. 

Whereas,  the  Massaclmsetts  Bonding  and  Insurance  Company,  a 
corporation  organized  under  the  laws  of  the  commonwealth  of  Massa- 
chusetts, and  having  its  principal  ofiice  in  the  city  of  Boston,  ]\Iassa- 
chusetts  (hereinafter  called  the  company)  at  the  request  of  the  under- 
signed   (hereinafter   called    the    indemnitor—)    and    upon    the    security 

hereof,   has   or  is   about   to   become  surety   for   to   ,   in   the 

sum  of  dollars   ($ )   by  its  certain  bond  or  undertaking  , 

a  copy  of  which  is  or  may  be  hereto  annexed  and  made  a  part  hereof. 

Now,  therefore,  in  consideration  of  the  premises,  the  indemnitor — 
hereby  undertake — ,  agree^  and  bind  legal  representatives,  suc- 
cessors and  assigns: 

First.  To  at  all  times  indemnify  and  keep  indemnified  the  company 
and  hold  and  save  it  harmless  from  and  against  any  and  all  damages, 
loss,  costs,  charges  and  expenses  of  whatsoever  kind  or  nature,  includ- 
ing counsel  and  attorneys'  fees,  which  the  company  shall  or  may,  at 
any  time,  sustain  or  incur  by  reason  or  in  consequence  of  having 
executed  said  bond;  and  that  the  indemnitor—  will  pay  over,  reimburse 
and  make  good  to  the  company,  its  successors  and  assigns,  all  sums  and 
amounts  of  money  which  the  company  or  its  representatives  shall  pay 
or  cause  to  be  paid,  or  become  liable  to  pay,  on  account  of  the  execu- 
tion of  such  instrument,  and  on  account  of  any  damages,  costs,  charges 
and  expenses  of  whatsoever  kind  or  nature,  including  counsel  and 
attorneys'  fees  which  the  company  may  pay,  or  become  liable  to  pay, 
by  reason  of  the  execution  of  such  instrument,  or  in  connection  with 
any  litigation,  investigation  or  other  matters  connected  therewith,  such 
payment  to  be  made  to  the  company  as  soon  as  it  shall  have  become 
liable  therefor,  whether  the  company  shall  have  paid  out  said  sum  or 
any  part  thereof  or  not.  And  the  indemnitor —  further  agi'ee —  that 
in  any  account  which  may  be  had  between  the  indemnitor —  and  the  com- 
pany, the  company  shall  be  entitled  to  credit  for  any  and  all  disburse- 
ments, in  and  about  the  matters  herein  contemplated,  made  by  it  in 
good  faith  under  the  belief  that  it  is  or  was  liable  for  the  sums  and 
amounts  so  disbursed,  or  that  it  was  necessary  or  expedient  to  make 
such  disbursements,  whether  such  liability,  necessity  or  expediency 
existed  or  not. 

Second.  That  in  case  any  action  at  law,  suit  in  equity  or  other 
proceeding  be  commenced,  or  notice  of  such  action,  suit  or  proceeding 
be  served  upon  the  indemnitor — not  affecting  the  liability  of  the  com- 
pany under  any  such  bond,  or  growing  out  of  any  matter  connected 
therewith,  or  on  account  of  which  any  such  instrument  was  or  may 
have  been  given,  the  indemnitor — will  immediately  so  notify  the  com- 
pany in  writing  at  its  principal  office  in  the  city  of  Boston. 

Third.  To  pay  or  cause  to  be  paid  to  the  company  the  premium  on 
said  bond  promptly  upon  the  execution  thereof  and  in  advance  in 
each  year  thereafter  until  the  company  shall  have  been  fully  discharged 

Form  Book — 19 


Forms  784, 785  Cowdery's  Form  Book.  290 

and  released  from  any  and  all  liability  upon  said  bond  and  all  matters 
arising  therefrom,  and  until  there  shall  have  been  furnished  to  the 
company,  at  its  principal  office  in  the  city  of  Boston,  due  and  satis- 
factory proof,  by  evidence  legally  competent,  of  such  discharge  and 
release. 

Dated  at ,  this  day  of  ,  19 — . 

[Seal] 

[Seal] 

[Seal] 

■ [Seal] 

Signed,  sealed  and  delivered  in  presence  of: 


No.  784.    Bond  to  Replace  Stock  Loaned. 

Be  it  known  that  we,  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,  are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars   ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,  his  executors,  administrators  or  assigns;  for  which  payment,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the day  of ,  19 — . 

Whereas  the  above-named  has  this  day  borrowed  of  one 

hundred  shares  of  the  capital  stock  of  the company,  a  corporation : 

Now  the  condition  of  this  obligation  is  such  that  if  the  above 


shall  transfer,   or  cause   to  be  transferred,   to  the  said  the   like 

nvmiber  of  shares  of  the  said  capital  stock,  on  or  before  ,  19 — , 

and  will  from  time  to  time  pay  said  all  dividends  declared  upon 

said  stock,  with  interest  thereon  at  the  rate  of  per  cent  per  year 

from  the  date  when  said  dividends  were  payable,  then  this  obligation 
to  be  void;  otherwise,  to  remain  in  full  force  and  virtue. 

[Signatures.] 
Signed  and  delivered  in  presence  of . 

No.  785.  Bond  to  Save  Harmless  from  Paying  Rent  Where  Title  is  in 
Question. 

Be  it  known  that  we,  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,  are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars   ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,    his    executors,    administrators    or    assigns;    for   which    payment, 

well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  fiiTnly  by  these  presents. 

Dated  and  signed  the  day  of  ,  19 — . 

The  condition  of  the  above  obligation  is  such  that  whereas  there 
is  a  suit  depending  between  the  above-bounden and  others,  touch- 
ing the  right  and  interest  in  the  now  dwelling-house  of  the  above-named 


291                            Bonds  and  Undertakings.  Form  786 
,   situate    [etc.] ;    and   whereas   the   said  hath   ageed   to   pay 


rent  of  the  said  house  to  the  said  ,  which  is,  to  pay  the  sum  of 

dollars   ($ ),  j^early,  as  the  same  shall  grow  due: 

If  therefore  the  said  ,  his  heirs,  executors,  or  administrators,  do 

and  shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said , 

liis  executors,  administrators,  or  assigns,  all  such  rent,  sum  and  sums 
of  money,  charges  and  damages  Avhatsoever,  as  shall,  by  due  proceed- 
ings  in  law,   be  adjudged  or  decreed   against   him,   the   said  ,  his 

heirs,   executors,   or  administrators,   and  all   other  costs   and   damages 

whatsoever  which  he,  the  said  ,  shall  sustain  or  be  at,  by  reason 

of  any  action,  suit,  or  forfeiture  whatsoever  which  shall  or  may  happen 

or  be  to  tlie   said  ,   his   executors,   administrators,   or  assigns,   by 

reason  of  paying  the  said  rent,  or  any  part  thereof,  to  the  said  , 

his  executors,  administrators,  or  assigns,  then  this  obligation  to  be  void; 
otherwise,  to  remain  in  full  force  and  virtue. 

[Signatures.] 

Signed  and  delivered  in  presence  of , 

No.  786.    Bond  to  Indemnify  Indorser  of  Promissory  Note. 

Be  it  known  that  we,  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,  are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars  ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,  his  executors,  administrators  or  assigns;  for  which  payment,  v.'fcxl 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  b}'  these  presents. 

Dated  and  signed  the  day  of  ,  19 — . 

Whereas  the  above-bounden  ,  by  bill   or  note  under  his   hand, 

dated  the  day  of  ,  191 — ,  hath  promised  to  pay  unto  • , 

or  order,  six  months  after  date,  the  sum  of  dollars  ($ ),  with 

interest  thereon  till  paid;   and  whereas  the  above-named  at  the 

request  and  for  the  only  debt  of  the  said  ,  hath  indorsed  the  said 

recited  bill  or  note,   and  is   thereby  become   chargeable  with   and  for 

payment  of  the  said  sum  of  dollars   ($ ),  and  interest,  at  the 

time  therein  mentioned,  as  by  the  said  bill  and  the  indorsement  there- 
upon may  appear: 

Now  the  condition  of  this  obligation  is  such  that  if  the  said  , 

his  executors  and  administrators,  do  and  shall  well  and  truly  pay  the 

said  sum  of  dollars   ($ ),  for  which  the  said  note  is  so  given, 

and  the  interest  thereof  added  on  the  day  of  payment  therein  men- 
tioned and  in  full  discharge  thereof,  and  from  all  actions,  suits,  charges, 
payment,  and  damages  by  reason  thereof,  shall  at  all  times  well  and 

sufficiently   save    harmless,    and    keep    indemnified    the    said    -,    his 

heirs,  executors,  and  administrators,  and  every  of  them,  then  this  obli- 
gation is  to  be  void;  otherwise,  to  remain  in  full  force  and  virtue. 

[Signatures.] 

Signed  and  delivered  in  presence  of . 


Form  787  Cowdery's  Form  Book.  292 

No.  787.    Bond  of  Indemnity  to  Surety  on  Appeal  Bond. 

Know  all  men  by  these  presents:  That  I,  C.  V.,  o£  the  city  of  New 
York,  in  the  state  of  New  York,  am  held  and  firmly  bound  unto  A.  D., 
of  the  city  of  San  Francisco,  in  the  state  of  California,  in  the  sum 
of  five  thousand  two  hundred  and  seventy-five  dollars,  gold  coin  of 
the  United  States  of  America,  to  be  paid  to  the  said  A.  D.,  his  execu- 
tors, administrators,  or  assigns,  for  which  payment,  well  and  truly 
to  be  made,  I  bind  myself,  my  heirs,  executors,  and  administrators, 
firmly  by  these  presents. 

Sealed  with  my  seal.     Dated  the  tenth  day  of  January,  1916. 

Whereas,  heretofore,  one  F.  B.  M.  filed  his  bill  in  the  district  court 
of  the  United  States  for  the  northern  district  of  California,  against  the 
steamship  C,  upon  cause  of  action  alleged  to  have  accrued  to  him  in 
the  early  part  of  the  year  1910;  and  whereas,  such  proceedings  were 
afterward  had  in  said  cause,  in  said  court,  that  a  judgment  or  decree 
was  made  and  entered  therein,  on  the  fifteenth  day  of  December,  1915, 
that  the  said  M.  do  have  and  recover  in  said  action  the  sum  of  two 
thousand  four  hundred  and  fifty-nine  dollars,  for  his  damages  therein, 
and  also  the  sum  of  one  hundred  and  seventy-one  dollars  and  fifty  cents, 
for  his  costs  of  said  action,  and  that  the  said  steamship  be  condemned 
and  sold  to  satisfy  him  for  his  said  damages  and  costs;  and  whereas, 
at  the  time  when  said  alleged  cause  of  action  accrued,  the  above-bounden 
obligor  was  the  mortgagee  and  owner  of  the  said  steamship,  and  liable 
ever  for  the  payment  of  such  damages  and  costs;  and  whereas,  an 
apiieal  has  been  taken  from  the  said  judgment  or  decree  to  the  supreme 
court  of  the  United  States ;  and  whereas,  the  said  above-bounden  obligor 
has  applied  to  the  above-named  obligee  to  become  one  of  the  sureties 
in  the  stipulation  to  be  given  on  the  said  appeal,  to  stay  the  execution 
of  said  decree,  and  abide  the  judgment  and  decree  of  the  appellate 
court;  and  whereas,  the  said  obligee  has  consented  to  become  such 
surety,  upon  being  indemnified  against  all  loss  or  damage  by  reason 
thereof,  and  has  executed  and  acknowledged  the  necessaiy  stipulations 
on  such  appeal. 

Now,  the  condition  of  this  obligation  is  such,  that  if  the  said  obligor, 
the  said  C.  V.,  or  his  heirs,  execvitors,  and  administrators,  shall  and  do, 
at  all  times  hereafter,  well  and  truly,  save  and  keep  the  said  obligee, 
A.  D.,  his  executors  and  administrators,  harmless  of  and  from  all 
actions,  costs,  damages,  and  counsel  fees,  of  and  from,  and  by  reason 
of,  or  gTowing  out  of,  such  suretyship,  and  shall  well  and  truly  repay, 
or  cause  to  be  repaid,  to  the  said  obligee,  his  executors  or  adminis- 
trators, on  demand,  any  and  all  such  sum  and  sums  of  money  that  he 
may  be  required  to  pay  as  such  surety,  as  aforesaid,  then  this  obligation 
to  be  void ;  else  to  remain  in  full  force  and  virtue. 

Subscribed  and  sworn  to  [etc.]. 

[Signatures.] 


293  Bonds  and  Undertakings.  Forms  788, 789 

No.  788.  Bond  That  Person  Will  Convey  Land  on  ReacMng  Age  of 
Majority. 

Be  it  known  that  we  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and and ,  as  sureties,  are  held  and  firmly  bound  unto 

of  said  county,  in  the  sum  of  dollars  ($ ),  current  lawful 

money  of  the  United  States  of  America,  to  be  paid  to  the  said  , 

his  executors,  administrators  or  assigns;  for  which  payment,  well  and 
truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  adminis- 
trators, jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the  day  of  ,  19—. 

Whereas  certain  lands,  tenements,  and  premises  described  as  follows, 

to  wit,  ,  were,  by  the  last  will  and  testament  of  ,  deceased, 

heretofore  devised  to  and  ,  and  the  said  has,  in  con- 
sideration of  the  sum  of  dollars  ($ ),  to  him  in  hand  paid  by 

the  said ,  agreed  to  convey  his  interest  in  said  property  to  the  said 

when  he,  the  said ,  shall  become  twenty-one  years  of  age: 

Now  the   condition  of  this  obligation  is  such  that  if  the  said  

do  and  shall,  when  and  as  soon  as  he  shall  have  attained  the  said  as:e 

of  twenty-one  years,  at  the  costs  and  charges  of  the  said  ,  convey 

and  assure   unto  the  said  ,  his  heirs   and  assigns,  by  such   deeds 

and  conveyances  as  the  counsel  of  the  said  shall  advise,  his  undi- 
vided moiety,  or  half  part,  of  and  in  the  said  lands,  tenements,  and 
premises,  devised  to  him  and  the  said  as  aforesaid,  and  that  with- 
out any  further  consideration  to  be  paid  him  by  the  said  for  so 

doing;  and  also  if  and  in  case  the  said  ,  his  heirs,  executors,  or 

administrators,  do  and  shall  in  the  meantime,  and  until  the  said  

shall  have  executed  such  conveyances  as  aforesaid,  save,  defend,  keep 
harmless,  and  indemnify  the  said  ,  his  heirs,  executors,  and  admin- 
istrators, and  his  and  their  goods  and  chattels,  lands,  tenements,  and 
premises,  to  be  conveyed  by  the  said  to  the  said  ,  as  afore- 
said, and  the  rfints,  issues,  and  profits  thereof,  of  and  from  all  claims 
and  demands  to  be  made  thereto  by,  or  on  the  part  and  behalf  of,  the 

said  ,  then  this  obligation  is  to  be  void;  otherwise,  to  remain  in 

full  force  and  virtue. 

[Signatures.] 

Signed  and  delivered  in  presence  of . 

No.  789.  Bond  to  Indemnify  Person  Against  Damage  from  Carrying 
on  Business  in  Sis  Name. 

Be  it  known  that  we  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,  are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars   ($ ),  cuiTcnt 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,  his  executors,  administrators  or  assigns;  for  which  payment,  v/ell 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the day  of ,  19 — , 


Furm  790  Cowdery's  Form  Book.  294: 

Whereas  the  above-named  ,  at  the  request  of  the  above-bounden 

,  hath  consented  that  during  the  term  of  three  years  from  the  date 

hereof  he,  the  said  ,  may  use  the  name  of  the  said  in  carry- 
ing on  the  business  of  hotel-keeper   (which  he  now  exerciseth  for  his 

own  profit,  and  not  for  the  advantage  or  the  account  of  the  said  , 

but  only  to  preserve  the  said  business  to  himself,  the  said  having 

wholly  left  off  and  discontinued  the  same),  which  the  said  hath 

permitted  him  to  use  for  the  said  term,  so  that  he,  the  said ,  may 

be  indemnified  against  all  damages  by  reason  of  the  said  trade,  or  his 
using  his  name  therein: 

Now  therefore  the  condition  of  this  obligation  is  such  that,  if  the 

said ,  his  executors  and  administrators,  shall  and  do  indemnify  and 

save  harmless  the  said  ,  his  executors  and  administrators,  of  and 

from  all  manner  of  damages,  charges,  and  expenses  which  he  or  they 

may  sustain  or  be  put  to  by  reason  of  the  said 's  so  using  the  name 

of  the  said as  aforesaid,  or  by  reason  of  anything  relating  thereto, 

then  the  above  obligation  to  be  void;  otherwise,  to  remain  in  full  force 
and  virtue. 

[Signatures.] 

Signed  and  delivered  in  presence  of  . 

No.  790.  Bond  to  Third  Person,  on  Wife's  Behalf,  by  Husband, 
That  He  will  not  Interfere  With  Business  of  Wife,  Who 
Lives  Separate  and  Apart  from  Him. 

Be  it  known  that  we,  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,   are  hold  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars  ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,  his  executors,  administrators  or  assigns;  for  which  payment,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the day  of ,  19 — , 

Whereas  ,  the  wife  of  the  above-bounden  ,  now  lives  sepa- 
rate and  apart  from  her  said  husband,  and  follows  the  business  and 

employment  of  making  and  selling  [etc.],  and  the  said hath  agreed 

tliat  his  said  wife  shall  have  and  receive  all  benefit  arising  thereby, 
or  by  any  other  trade  or  business  which  she  may  think  fit  to  follow, 

for  her  own  separate  use  and  support,  wherewith  he,  the  said  ,  is 

not  to  intermeddle,  or  have  any  profit  or  advanta^je  therefrom,  so  as 

she,  the  said  ,  doth  not  and  shall  not  contract  any  debt  or  debts 

for  which  the  person  or  effects  of  her  said  hiisband  shall  or  may  be 
sued,  chai"ged,  or  encumbered  by  any  means  whatsoever: 

Now  the  condition  of  this  obligation  is  such  that  if  the  said  

do  and  shall,  from  time  to  time,  and  at  all  times,  during  the  natural 

life  of  the  said  ,  permit  and  suffer  her,  thfi   said  ,  to  live 

separate  and  apart  from  him,  and  to  have  and  receive  all  profit,  benefit, 
and   advantage   arising,   or  which   shall   arise,   from   licr  said   trade   or 


295  Bonds  and  Undertakings.  Forms  791, 792 

business  of  making  and  selling  [etc.],  or  any  other  trade  or  business 
which  she  shall  follow  or  employ  herself  in,  to  and  for  her  own  sepa- 
rate use,  support,  and  maintenance,  without  any  account,  suit,  trouble, 
or  molestation  whatsoever,  and  without  doing,  or  causing  or  permit- 
ting to  be  done,  any  act,  matter,  or  thing  whatsoever,  whereby  or  where- 
with the  said  shall  or  may  be  molested  or  encumbered  by  any 

means  whatsoever;  and  also,  if  the  said  ,  his  heirs,  executors,  or 

administrators,  or  his  or  their  goods  or  chattels,  lands  or  tenements, 
shall  at  any  time  or  times  hereafter  be  sued,  attached,  or  otherwise 
charged,  or  encumbered  for  or  by  reason  or  means  of  any  debt  or 
debts  which  his  said  wife  hath  contracted,  then  this  obligation  to  be 
void;  otherwise,  to  remain  in  full  force  and  virtue. 

[Signatures.] 

Signed  and  delivered  in  presence  of  . 

No.  791.  Bond  of  Master  of  Ship  to  Deliver  Up  Ship  to  Owners  on 
Demand. 

Be  it  known  that  we,  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,  are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars   ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,    his    executors,    administrators    or    assigns;    for    which    payment, 

well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the day  of ,  19 — . 

Whereas,   the   above-named  ■ [the  obligee]    and  the   rest   of   the 

part  owners  of  the  ship  Julius  have  employed  the  above-bounden  

as  master  of  the  same,  for  so  long  a  time  as  they,  or  the  major  part 
of  them,   shall  think  fit,   and  have  thereupon  delivered  the  possession 

of  the  said  ship,  with  her  appurtenances  to  the  said  .     Now  the 

condition  of  this  obligation  is  such,  that  if  the  said  — — ,  after  notice 
and  demand,  shall  quietly  deliver  up  the  actual  possession  of  the  said 

ship  unto  the  said  ,   or  unto  such  other  person  as  the  said  part 

owners  or  the  major  part  of  them,  shall  appoint,  together  with  all  and 
singular,  the  furniture,  tackle,  apparel  and  appurtenances  to  the  said 
ship   belonging    (reasonable   wear   and   tear  excepted),   freed   from   all 

charges  and  encumbrances  done  or  suffered  by  the  said  ,  then  this 

obligation  shall  be  void;  otherwise  to  remain  in  full  force  and  virtue. 

[Signatures.] 

No.  792.  Bond  to  Convey  Estate  at  Future  Time  Free  from  Encum- 
brances and  That  Obligee  in  Meantime  Shall  Receive 
Profits. 

Be  it  known  that  we  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as   sureties,  are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars   ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 


Form  793  Cowdery's  Form  Book.  296 

,  liis  executors,  administrators  or  assigns;  for  which  payment,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the day  of ,  19 — . 

The  condition  of  this  obligation  is  such  that  if  the  above-bounden 

do  and  shall,  upon  and  at  the  request  of  the  said  ,  his  heirs 

or  assigns,  on  or  before  the  day  of  next  ensuing  the  date 

above  written,  convey  and  assure,  or  cause  to  be  well  and  sufficiently 

conveyed  and  assured,  unto  the  said  ,  his  heirs  and  assigns,  or  to 

such  other  person  and  persons,  and  his  and  their  heirs,  as  the  said • 

shall  nominate  and  appoint,  and  to  such  uses  as  he  shall  direct,  that 

property    described   as   follows: ,   now   in   the   possession   of  • 

by  such   convej'ances  and  assurances  in  the  law  as  by  the  said  , 

or  his  heirs,  or  his  or  their  counsel  learned  in  the  law,  shall  be  reason- 
ably devised  or  advised,  and  required,  freed  and  discharged  of  and 
from  all  encumbrances  whatsoever,  except   [etc.] ;  and  also  if  the  said 

,  his  heirs  or  assigns,  or  either  of  them,  do  and  shall,  until  such 

conveyance  and  assurance  be  made  and  executed  as  aforesaid,  permit 

and  suffer  the  said  ,  his  heirs  and  assigns,  peaceably  and  quietly 

to  have,  receive,  and  take  to  his  and  their  own  proper  use  and  uses  the 
rents,  issues,  and  profits  of  all  and  singular  the  premises,  and  every 
part  and  parcel  thereof,  without  any  manner  of  let,  suit,  trouble,  dis- 
turbance, hindrance,  or  denial  of  the  said  ,  his  heirs  or  assigns, 

or  any  of  them,  or  of  any  other  person  or  persons  whatsoever,  by  his 
or  their,  or  any  of  their,  means,  right,  title,  or  procurement,  then  the 
above  obligation  is  to  be  void;  otherwise,  to  remain  in  full  force  and 
virtue.  [Signatures.] 

Signed  and  delivered  in  presence  of  . 

No.  793.    Bond  With  Warrant  of  Attorney  to  Confess  Judgment. 

Be  it  known  that  we.  ,  of  the  county  of  ,  state  of  ,  as 

principal,  and  and  ,  as  sureties,  are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars   ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

,  his  executors,  administrators  or  assigns,  for  which  payment,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the day  of ,  19 — . 

The   condition   of    the   above   obligation  is   such,   that  if  the  above- 
bounden  shall  well  and  truly  pay  to  the  said  the  just  and 

full  sum  of dollars  ($ ),  on  demand,  then  the  above  obligation 

is  to  be  void;  otherwise,  to  remain  in  full  force  and  virtue. 

[Signatures,] 

Signed  and  delivered  in  presence  of  . 

Whereas  I,  ,  of  [etc.],  am  held  and  firmly  bound  unto  ,  of 

[etc.],  by  a  certain  bond  or  obligation  of  this  date,  in  the  penal  sum 


297  Bonds  and  Undertakings,  Fonns  794, 795 

of  dollars   ($ — — ),  conditioned  for  the  payment  of  dollars 

($ ),  on  demand: 

Now   therefore   I   do   authorize   and   empower   any   attorney   in   any 

court  of  record  in  the  state  of  to  appear  for  me  at  the  suit  of 

the  said  obligee,  or  his  representatives,  in  an  action  of  debt,  and  con- 
fess judgment  against  me  at  any  session  or  term  of  court  subsequent 
to  this  date,  upon  the  said  bond  or  obligation,  or  for  so  much  money 
borrowed;  and  to  release  to  the  said  obligee  all  errors  that  may  inter- 
vene in  obtaining  such  judgment,  or  in  issuing  execution  on  the  same. 

Witness  my  hand  this  day  of  ,  19 — . 


Signed  and  delivered  in  presence  of 


[Signature.] 


No.  794.    Bond  to  Keep  Person  During  Life. 

Be  it  known  that  we,  ,  of  the  county  of  ,  state  of  ,  as 

principal,   and  and  ,   as  sureties,  are  held  and  firmly  bound 

unto  of  said  county,  in  the  sum  of  dollars  ($ ),  current 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  said 

• ,  his  executors,  administrators  or  assigns;  for  which  payment,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents. 

Dated  and  signed  the day  of ,  19 — . 

The    condition   of   this   obligation   is   such   that   whereas   the    above- 

bounden   ,   for   and   in   consideration   of  the   sum   of   dollars 

($ ),  to  him  in  hand  paid  by  the  above-named  — ,  hath  agreed 

and  undertaken  to  keep  and  maintain  the  said  during  his  life;  if 

therefore   the   said   ,    his   executors   or   administrators,   shall    from 

time  to  time,  and  at  all  times  hereafter,  during  the  natural  life  of  the 

said  ,  well  and  sufficiently  maintain  and  keep,  or  cause  to  be  well 

and   sufficiently   maintained   and   kept,   the  said  in   the   house   of 

him,  the  said ,  with  meat,  drink,  clothes,  and  all  other  things  neces- 
sary and  convenient,  then  this  obligation  to  be  void;  otherwise,  to 
remain  in  full  force  and  virtue. 

[Signatures.] 

Signed  and  delivered  in  presence  of •• 

No.  795.     Contractor's  Bond— Public  Works  of  United  States. 

Know  all  men  by  these  presents:  That  we,  R.  A.,  as  principal,  and 
A.  S.  C.  of  New  York,  a  corporation  existing  under  the  laws  of  the 
state  of  New  York,  as  surety,  are  held  and  bound  unto  the  United  States 
of  America  in  the  penal  sum  of  one  hundred  thousand  dollars,  to  the 
paj^ment  of  which  sum,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors,  administrators  and  successors,  jointly  and  sever- 
ally, firmly  by  these  presents.  The  condition  of  this  obligation  is  such, 
that  whereas  the  above-bounden  R.  A.  has  on  the  fourteenth  day  of 
September,  1917,  entered  into  a  contract  with  the  United  States  rep- 


Form  796  Cowdery's  Form  Book.  298 

resented  by  Major  W.  11.  H.,  Corps  of  Engineers,  United  States  Army, 
for  removing  rocks  in  San  Francisco  Bay,  California: 

Now,  therefore,  if  the  above  R.  A.,  his  heirs,  executors  or  admin- 
istrators, shall  and  will  in  all  respects  duly  and  fully  observe  and  per- 
form all  and  singular  the  covenants,  conditions  and  agreements  in 
and  by  the  said  contract  agreed  and  covenanted  by  said  R.  A.  to  be 
observed  and  performed  according  to  the  true  intent  and  meaning  o£ 
the  said  contract,  and  as  well  during  any  period  of  extension  of  said 
contract  that  may  be  granted  on  the  part  of  the  United  States  as  during 
the  original  term  of  the  same,  and  shall  make  full  payments  to  all 
persons  supplying  him  labor  or  materials  in  the  prosecution  of  the 
work  provided  for  in  said  contract,  then  the  above  obligation  shall  be 
void  and  of  no  effect;  otherwise  to  remain  in  full  force  and  virtue. 

In  witness  whereof,  the  parties  hereto  have  executed  this  instrument 
this  fourteenth  day  of  September,  1917,  the  name  and  corporate  seal 
of  said  surety  being  hereto  affixed  and  these  presents  duly  signed  by  its 
proper  officers,  pursuant  to  a  resolution  of  its  board  of  trustees,  passed 
on  the  eighteenth  day  of  January,  1917,  a  copy  of  the  record  of  which 
is  on  file  in  the  War  Department. 

[Signatures.] 

No.  796.    Material  and  Labor  Bond  on  Public  Work. 

Know  all  men  by  these  presents:   That  we,  ,  as  principal,   and 

,  a  corporation,  created,  organized  and  existing,  under  and  by  virtue 

of  the  laws  of  the  commonwealth  of  Massachusetts,  liaving  its  head 
office  and  principal  place  of  business  at  Boston,  Massachusetts,  as  surety, 

are  held  and  firmly  bound  unto  for  the  use  and  benefit  of  any 

and  all  persons,  companies  or  corporations,  who  perform  work  or  labor 
on,  or  furnish  materials,  provisions,  provemler  or  other  supplies  used 
in  upon,  for  or  about  the  performance  of  the  work  contracted  to  be 
done  under  the  contract  hereinafter  mentioned,  or  rent  or  hire  of  teams 

for  or  contributing  to  said  work  to  be  done,  in  the  sum  of dollars, 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  such 
persons,  companies  or  corporations;  for  which  payment,  well  and  truly 
to  be  made,  we  bind  ourselves,  our  heirs,  executors,  administrators, 
successors  and  assigns,  jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  whereas  the  above- 

bounden ha —  entered  into  a  contract,  dated  the  day  of , 

19 ^  with  the  said  for  in  accordance  with  the  plans  and 

specifications  therefor,  and  referred  to  in  the  aforesaid  contract,  a 
copy  of  which  is  or  may  be  hereto  attached  and  forming  a  part  hereof; 

Now,  therefore,  if  the   above-bounden   ,   or  ,   subcontractor, 

fail  to  pay  for  any  materials,  provisions,  provender  or  other  supplies, 
or  teams  furnished  for  and  used  in,  upon,  for  or  about  the  perform- 
ance of  said  work  contracted  to  be  done,  or  for  any  work  or  labor 
done  thereon  of  any  kind,  the  surety  on  this  bond  will  pay  the  same, 
to  an  amount  not  exceeding  the  sum  specified  in  this  bond,  provided 


299  Bonds  and  Undertakings.  Fomis  797, 798 

that  claim  therefor  is  filed  as  required  by  act  of  the  legislature  of  the 
state  of  California,  approved  May  29,  1915,  entitled  "An  act  to  amend 
sections  one  and  two  of  an  act  entitled  'An  act  to  secure  the  payment 
of  the  claims  of  materialmen,  mechanics,  or  laborers,  employed  by 
contractors  upon  state,  municipal  or  other  public  work,'  approved  March 
27,  1897,  as  amended  by  an  act  approved  May  1,  1911";  otherwise  this 
obligation  to  be  null  and  void. 

Dated  at ,  Cal.,  this  day  of  ,  19 — . 

[Signature.] 

No.  797.     Common-law  Completion  Bond— Public  Work. 

Know  all  men  by  these  presents:  That  ,  as  principal,  and , 

a  corporation,  created,  organized  and  existing  under  and  by  virtue 
of  the  laws  of  the  commonwealth  of  Massachusetts,  and  duly  and  regu- 
larly   authorized   to   transact    business    in   the   state    of   California,    as 

surety,  are  held  and  firmly  bound  unto  in  the  just  and  full  sura 

of  dollars,  lawful  money  of  the  United   States  of  America,   for 

the  payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors,  administrators,  successors  and  assigns,  jointly  and 
severally,  firmly  by  these  presents. 

Given  under  our  hands  and  sealed  with  our  seals,  this  day  of 

,  A.  D.  19—. 

Now,  the  condition  of  the  foregoing  obligation  is  such  that  whereas 

the  above-bounden  entered  into  a  contract,  dated  the  day  of 

,  19 — ,  with  the   said  ,   whereby  the  said  contract—  to 

furnish  all  labor  and  material  for  in  accordance  with  the  plans 

and  specifications  therefor  and  referred  to  in  the  aforesaid  contract, 
a  copy  of  which  is  or  may  bs  hereto  attached  and  forming  a  party 
hereof ; 

Now,  therefore,  if  the  above-bounden  shall  well  and  truly  per- 
form, or  cause  to  be  performed,  every  and  all  of  the  requirements  of 
said  contract,  as  in  the  said  contract  set  forth,  then  this  obligation  to 
be  null  and  void;  otherwise  to  remain  in  full  force  and  effect. 

No.  798.    Bond  of  Indemnity— Lost  Stock. 

Whereas,  certificate  No.  11,502  of  the  C.  V.  M.  Company,  dated 
May  3,  1917,  for  twenty  shares,  in  the  name  of  J.  B.,  has  been  lost. 
Now,  we,  the  undersigned,  A.  B.,  as  principal  and  B.  C.  and  C.  D.,  as 
sureties,  are  bound  unto  the  C.  V.  M.  Company  in  the  sum  of  one 
thousand  dollars,  in  consideration  of  the  issuance  of  a  new  certificate 
of  stock  for  twenty  (20)  shares  of  the  capital  stock  of  said  company,  in 
place  of  said  certificate  lost  or  mislaid.  And  we  agree  to  hold  the  said 
C.  V.  M.  Company  harmless  and  free  from  all  loss,  damage,  counsel 
fees  and  costs  incurred,  or  to  be  incuiTed,  by  reason  of  said  loss,  and 
in  case  said  certificate  of  stock  should  be  hereafter  presented  to  said 
company  for  transfer. 

Dated  .  [Signatures.] 


Form  799  Cowdery's  Form  Book.  300 

No.  799.    Plumber's  Bond— San  Francisco. 

Under  rules  and  regulations  adopted  by  the  board  of  health  of  the 
city  and  county  of  San  Francisco,  state  of  California,  pursuant  to 
Ordinance  No.  615  (New  Series)  of  the  board  of  supervisors  of  tlie 
city  and  county  of  San  Francisco,  providing  for  the  pi-otection  of  the 
public  health,  and  requiring  jDlumbers  to  register  their  names  and 
addresses  at  the  department  of  public  health,  and  comply  with  regula- 
tions of  the  board  of  health  in  reference  to  the  drainage  and  plumbing 
of  buildings,   approved  November  27,  1908. 

has  registered  his  name  and  address  at  the  department  of  public 

health  of  the  city  and  county  of  San  Francisco,  as  a  master  plumber, 
in  and  for  the  city  and  county  of  San  Francisco,  state  of  California, 

and  whereas  the  said  is  required  by  a  regulation  of  the  board  of 

health  of  said  city  and  county  to  file  a  bond  to  insure  a  compliance 
with  the  provisions  of  said  act;  and  whereas  the  amount  of  such  bond 
has  been  fixed  at  five  hundred  dollars: 

Now,  therefore,  know  all  men  by  these  presents,  that  we  ,  of 

the  city  and  county  of  San  Francisco,  as  principal,  and  and  

of  the  said  city  and  county,  as  sureties,  are  jointly  and  severally  bound 
and  indebted  unto  the  state  of  California  in  the  said  sum  of  five  hun- 
dred dollars,  lawful  money  of  the  United  States  of  America,  for  the 
payment  of  which  several  sums  of  money,  well  and  truly  to  be  made, 
the  parties  jointly  and  severally  indebted  herein,  as  aforesaid,  jointly 
and  severally  bind  themselves,  their  heirs,  executors  and  administrators, 

firmly   by  these   presents,   sealed  with  our  seals,   and  dated  this  

day  of ,  in  the  year  of  our  Lord  one  thousand  nine  hundred  and . 

The  condition  of  this  obligation  is  such  that  if  the  above-bounden 
shall  well,  truly,  and  faithfully  perform  and  execute  the  duties 


of  master  plumber  of  the  city  and  county  of  San  Francisco,  as  required 
by  law,  as  well  as  those  which  may  be  required  of  him  by  any  rule 
or  regulation  of  the  board  of  health,  now  existing,  or  those  which 
may  be  required  by  any  law  or  rule,  or  regulation  enacted  subsequently 
to  the  execution  of  this  bond,  then  this  obligation  to  be  void;  other- 
wise to  be  and  remain  in  full  force  and  effect. 

Signed  and  sealed  in  presence  of  . 

[L.  S.] 

[L.  S.] 

. [L.  S.] 


State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being  duly  sworn,  each  for  himself  doth  depose  and  say  that 

he  is  a  resident  and  a  freeholder  or  householder,  in  the  city  and  county 
of  San  Francisco,  and  that  he  is  worth  the  amount  for  which  he  be- 
comes liable  as  surety  on  the  foregoing  bond,  over  and  above  all  his 
debts  and  liabilities,  in  unencumbered  property,  situated  within  this 
state,  which  may  be  levied  upon,  and  is  not  exempt  from  execution  and 
forced  sale  and  above  all  sums  for  which  he  is  already  liable,  or  in 


301  Bonds  and  Undertakings.  Form  800 

any   manner  bound,   whether   as   principal,   or   indorser,   or   surety,   or 

whether  such   prior  obligation  or   liability  be  conditional   or  absolute, 

liquidated  or  unliquidated,  certain  or  contingent,  due  or  to  become  due, 

in  fixed  property,  including  mortgages,  situate  in  said  city  and  county, 

and  that  he  is  not  a  banker,  doing  business  in  said  city  and  county, 

nor  any  such  banker's  partner,  clerk,  employee,  agent,  attorney,  father, 

son  or  brother. 

[RiQiiatnrcs.] 

Subscribed  and  sworn  to  before  me,  this day  of ,  19     . 

No.  800.    Indemnity  Bond  on  Claim  and  Delivery. 
[Title  of  Court  and  Cause.] 

Know  all  men  by  these  presents,  that  we,  ,  as  principal,  and  • 

and ,  as  sureties,  all  of  the  city  and  coixnty  of  San  Francisco,  state 

of  California,  are  held  and  firmly  bound  unto ,  sheriff  of  said  city  and 

county,  in  the  penal  sum  of ($ )  dollars,  gold  coin  of  the  United 

States  of  America,  for  the  payment  of  which,  well  and  truly  to  be  made, 
we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly,  sev- 
erally and  firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  at  San  Francisco,  the  day  of 

,19-. 

The  condition  of  this  obligation  is  such,  that  whereas,  the  plaintiff— 
in  the  above-entitled  cause  commenced  an  action  in  said  court  against 
the  defendant—  therein  for  the  recovery  of  the  possession  of  the  fol- 
lowing described  personal  property: ;  and 

Whereas,  said  plaintiff—  claimed  a  delivery  of  said  property,  and 
filed  in  said  court  an  affidavit  as  provided  by  law,  showing  that  plain- 
tiff—  w —  entitled  to  the  possession  thereof,  and  that  the  same  v^'as 
wrongfully  detained  by  said  defendant — ;  and 

Whereas,  said  plaintiff—  thereupon,  by  an  indorsement  in  writing 
upon  said  affidavit,  required  the  sheriff  of  said  city  and  county  to  take 
said  property  from  said  defendant — ;  and 

Whereas,  said  sheriff  did,  pursuant  to  the  directions  indorsed  upon 
said  affidavit,  take  the  property  therein  described,  and  now  retains  the 
same  in  his  custody;  and 

Whereas,  upon  the  taking  of  said  property  by  virtue  of  said  direc- 
tions,    claimed  to  have  title  thereto,  and  right  to  the  possession 

thereof,  and  made  affidavit  of  said  claim  as  required  by  laAv;  and 

Whereas,  said  plaintiff—  require—  said  sheriff  to  keep  said  property 
or  deliver  the  same  to —  h — ; 

Now,  therefore,  if  the  above-bounden  principal  and  sureties,  tlioir 
heirs,  executors  and  administrators,  shall  well  and  truly  indemnify  and 
save  harmless  the  said  sheriff,  his  heirs,  executors,  administrators  and 
assigns,  of  and  from  all  damages,  costs,  charges,  and  expenses,  includ- 
ing all  counsel  fees  which  the  said  sheriff,  his  heirs,  executors,  admin- 
istrators, or  assigns,  may  incur  in  consequence  of  the  legal  enforce- 


Form  800  Cowdery's  Form  Book.  302 

ment  of  payment  of  the  penalty  of  this  bond,  or  in  defending  any  action 
brought  against  him  for  the  recovery,  or  for  damages  for  the  taking 
or  conversion  of  said  property  claimed  as  aforesaid,  and  against  all 
loss  or  liability  which  said  sheriff,  his  heirs,  executors,  administrators, 
or  assigns,  shall  sustain  or  in  anywise  incur,  for  or  by  reason  of  the 
taking  of  said  property  by  said  sheriff,  or  by  reason  of  the  withholding 
of  the  same  from  the  riglitful  owner  or  delivery  thereof  to  said  plain- 
tiff— ,  tlien  this  obligation  to  be  void,  otherwise  to  remain  in  full  force 
and  virtue. 

And  it  is  expressly  provided  that  it  shall  be  lawful  for  the  said 
sheriff,  his  heirs,  executors,  administrators  or  assigns,  to  bring  suit 
against  the  principal  and  sureties  hereto,  or  either  of  them,  or  their 
or  either  of  their  executors,  administrators  or  assigns,  immediately  upon 
the  rendition  of  any  judgment  against  the  said  sheriff,  his  heirs,  execu- 
tors, administrators  or  assigns,  and  that  said  sheriff  shall  not  be  re- 
quired first  to  pay  the  said  judgment  or  counsel  fees  in  order  to  entitle 
him  or  his  legal  representatives  to  maintain  such  suit  and  recover  judg- 
ment thereon;  and  the  court  wherein  said  judgment  may  be  rendered 
against  said  sheriff,  for  the  taking,  or  conversion,  or  withholding  of  said 
property,  or  any  part  thereof,  from  the  rightful  owner,  or  delivery  of 
the  same  to  said  plaintiff—,  may,  on  motion  of  said  sheriff,  and  with  or 
witliout  notice  to  said  principal  and  sureties,  or  any  or  either  of  them, 
order  judgment  to  be  rendered,  and  cause  the  same  to  be  entered  against 
said  principal  and  sureties,  or  any  or  either  of  them,  for  the  amount 
of  such   judgment  recovered  against  said   sheriff,   and   for  costs  and 

reasonable  counsel  fees. 

.  [Seal] 

[Seal] 

[Seal] 


Sealed  and  delivered  in  the  presence  of , 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

and  ,  whose  names  are  subscribed  as  the  sureties  to  the 

above  undertaking,  being  severally  duly  sworn,  each  for  himself,  de- 
poses and  says,  that  he  is  a  resident  and holder  of  the  city  and  county 

of  San  Francisco,  and  is  worth  the  sum  in  the  said  undertaking  speci- 
fied as  the  penalty  thereof,  over  and  above  all  his  debts  and  liabilities, 
exclusive  of  property  exempt  from  execution. 

[Signatures.] 

Subscribed  and  sworn  to  before  me,  this day  of ,  A.  D.  19 — . 


303  Bonds  and  Undertakings.  Forms  81)1, 802 

No.  801.    Bail  Bond — United  States  Coinmissiouer. 

United  States  of  America, 

District  of  , 

Division, — ss. 

Be  it  remembered,  that  on  this  day  of  A.  D.,  before  me, 

a  United  States  commissioner  for  the  said district  of ,  division, 

personally  came ,  principal,  and  Massachusetts  Bonding  and  Insur- 
ance Company,  a  corporation  created,  organized  and  existing  under  and 
by  virtue  of  the  laws  of  the  commonwealth  of  Massachusetts  and 
having  its  head  office  and  principal  place  of  business  £.t  Boston,  in  said 
commonwealth,  as  surety,  and  jointly  and  severally  acknowledged  theni- 

selves  to  owe  the  United  States  of  America  the  sum  of  dollars, 

to  be  levied  on  their  goods  and  chattels,  lands  and  tenements,  if  default 
be  made  in  the  condition  folloAving,  to  wit: 

The  condition  of  this  recognizance  is  such,  that  if  the  said  shall 

personally   appear  before  me  ,   a  United   States   commissioner   as 

aforesaid,  at  my  office  in  the  city  of  and  district  aforesaid, 

on  the  day  of  ,  A.  D.  19 — ,  at  o'clock  — M,  and  from 

time  to  time  thereafter  to  which  the  case  may  be  continued,  then  and 

there  to  answer  the  charge  of  having  on  or  about  the day  of , 

A.  D.  19 — ,  within  said  district,  in  violation  of  section  of  the 

Revised  Statutes  of  the  United  States,  unlawfully  ,  and  then  and 

there  abide  the  order  of  the  said  commissioner,  and  not  depart  from 
said  district  without  leave,  then  this  recognizance  to  be  void,  otherwise 
to  remain  in  full  force  and  virtue. 

[Seal] 

[Seal] 

[Seal] 

Taken  and  acknowledged  before  me  the  day  and  year  above  written. 

,  United  States  Commissioner  as  Aforesaid. 

No.  802.    Bond  of  Counter-indemnity. 

Know  all  men  by  these  presents :  That  I,  ,  of ,  in  considera- 
tion of  the  ,  having  at  my  request  issued  a  bond  of  guarantee  to 

on  behalf  of ,  not  yet  of  age,  do  hereby  agree  that  I  will  pro- 
tect  and  immediately  indemnify  the   said  company  against   any 

and  all  loss,  damage  or  expense  it  may  sustain  or  become  liable  for  in 
consequence  of  such  bond  or  any  renewal  or  extension  thereof,  hereby 
admitting  that  the  vouchers  or  other  proper  evidence  showing  payment 

by  said  company  of  any  such  loss,  damage  or  expense,  shall  be 

conclusive  evidence  (except  for  fraud)  against  me  and  my  estate,  of  the 
fact  and  amount  of  my  liability  hereunder  to  said company. 

Witness  my  hand  and  seal  this day  of ,  19 — . 

[L.  S.] 

In  presence  of ,  ro-       ^  n  t    -,        •       , 

[Signature  of  Indemnitor.] 

[Signature  of  Witness.] 


Form  803  Cowdery's  Form  Book.  304 

No.  803.    Real  Estate  Broker's  Bond. 

Know  all  men  by  these  presents :  that  we  ,  of ,  as  principal, 

and  ,  as  surety,  are  held  and  firmly  bound  unto  the  people  of  the 

state  of  California  in  the  penal  sum  of  one  thousand  ($1,000)  dollars, 
lawful  money  of  the  United  States  of  America,  to  be  paid  to  the  state 
of  California,  for  which  payment  well  and  truly  to  be  made  and  done 
we  bind  ourselves,  out  heirs,  executors,  administrators,  successors  and 
assigns,  jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that,  whereas,  the  above- 

bounden  has  made  application  to  the  real  estate  commissioner  of 

the  state  of  California  for  a  license  to  carry  on  the  business  of  real 
estate  broker  in  the  state  of  California,  with  principal  place  of  business 

at  ,  county  of ,  said  state,  for  a  period  of  one  year  from  the 

■ day  of, ,  19 — . 

Now,  therefore,  the  condition  of  the  above  obligation  is  such  that  if 

tlie  snid  bounden  will  comply  with  the  piovisions  of  that  certain 

act  entitled,  "An  act  to  define  real  estate  brokers,  agents,  salesmen, 
solicitors;  to  provide  for  the  regulation,  supervision,  and  licensing  there- 
of: to  create  the  office  of  real  estate  commissioner  and  making  an 
appropriation  therefor"  (Stats.  1917,  c.  758),  and  will  faithfully  per- 
form every  undertaking  entered  into  by  him  as  a  licensed  real  estate 
broker  under  said  act,  then  the  above  obligation  to  be  void;  otherwise 
to  remain  in  full  force  and  effect. 

It  is  understood  and  agreed  that  this  bond  is  to  run  for  a  period  of 
one  year  from  the  date  of  the  license  hereinabove  mentioned,  but  shall 
continue  and  remain  in  like  force  and  effect  thereafter  for  each  annual 
period  of  said  bond  unless  written  notice  of  cancellation  is  given  to 
the  real  estate  commissioner  at  least  ten  days  prior  to  such  renewal 
period,  in  which  case  liability  of  the  surety  shall  cease  as  of  the  renewal 
date.  But  this  bond  may,  with  the  consent  of  the  real  estate  com- 
missioner, be  terminated  at  any  time  at  the  instance  of  the  surety  by 
its  giving  to  such  commissioner  and  the  insured  each,  a  written  notice 
of  its  desire  to  be  released  from  further  liability  on  this  bond.  Such 
notice  shall  be  served  personally  or  by  United  States  registered  mail, 
prepaid,  and  the  insured  shall  file  a  new  bond  satisfactory  to  such  com- 
missioner in  lieu  of  this  bond  within  ten  days  after  notice  of  the  con- 
sent of  such  commissioner  to  the  termination  of  this  bond.  Upon  the 
filing  of  such  new  bond  the  term  of  this  bond  shall  cease,  but  nothing 
herein  shall  affect  any  rights  or  liabilities  which  shall  have  accrued 
under  this  bond  prior  to  the  date  of  such  termination. 

In  witness  whereof  the  said  principal  has  hereunto  set  his  hand  and 
seal  and  the  said  surety  has  caused  its  corporate  name  and  corporate 

seal  to  be  hereunto  affixed  this day  of ,  A.  D.  19 — . 

By  . 

,  [Seal] 


305  Bonds  and  Undertakings.  Form  804 

No.  804.    Blasting  Bond. 

Know  all  men  by  tliese  presents:  That  ,  as  principal,  and  , 

as  sureties,  are  held  and  firmly  bound  unto  the  city  and  county  of  San 
Francisco,  a  municipal  corporation,  and  the  state  of  California,  in  the 
penal  sum  of  —  dollars,  gold  coin  of  the  United  States  of  America, 
to  be  paid  to  the  city  and  county  of  San  Francisco,  state  of  California, 
for  which  payment  well  and  truly  to  be  made,  we  bind  ourselves  and 
each  of  our  heirs,  executors,  administrators,  successors  and  assigns, 
jointly  and  severally  firmlj^  by  these  presents. 

Whereas,  the  above-bounden  principal  has  applied  to  the  board  of 
supervisors  of  the  city  and  county  of  San  Francisco  for  a  permit  to 

explode  blasts  for  the  purpose  of  ,  at  streets,  in  the  city  and 

county  of  San  Francisco;  and 

Whereas,  Ordinance  No.  1204  provides  as  a  condition  precedent  to 
the  granting  of  a  permit  to  explode  blasts,  that  a  bond  be  furnished  in 
an  amount  to  be  fixed  by  the  board  of  public  works ;  and 

Whereas,   said  board   of  pixblic  works  has  by  Resolution   No.  

fixed  the  amount  of  said  bond  at  dollars; 

Now,  therefore,  the  condition  of  this  obligation  is  such  that  if  the 

above-bounden   principal,    and    surety,    shall    without    delay 

adjust  and  pay  any  and  all  damages  not  exceeding  the  sum  of  ■ 

dollars,  that  in  the  judgment  of  the  board  of  public  works  may  result 
from  the  explosion  of  the  blasting  under  the  provisions  of  said  permit, 
or  any  other  permit  that  shall  be  granted  to  tlic  said ; 

And  further,  that  if  the  said  — — ,  its  heirs,  executors,  administrators, 
successors  or  assigns,  together  with  the  surety  lierein,  its  heirs,  executors, 
administrators,  successors  or  assigns,  shall  pay  and  liquidate  the  amount 

of  any  judgment  to  the  extent  of  dollars,  which  may  be  awarded 

in  any  court  or  courts  having  jurisdiction  in  the  city  and  county  of  San 

Francisco  against  the  said  citj^  and  county,  or  against  the  said  ,  its 

heirs,  executors,  administrators,  successors  or  assigns,  by  reason  of  any 
damage  suffered  through  injury  of  any  person  or  property  resulting 
from   any  act  of  exploding  blasts  within  the  limits   of  the   city   and 

county  of  San  Francisco  by  the  above-bounden  agent  or  agents, 

employee   or   employees   under   such   permit   or   permits   or   any   other* 

permit  granted  by  the  board  of  supervisors  to  the  said  ,  then  this 

obligation  to  be  null  and  void;  otherwise  to  remain  in  full  force  and 
effect. 

Signed,  sealed  and  delivered  this  day  of  ,  in  tlie  city  and 

county  of  San  Francisco. 

,  Principal. 

,  Surety. 

,  Surety. 

Form  Book — 20 


Forms  805, 806  Cowdery's  Form  Book.  306 

No.  805.    Bond  for  Lost  Instrument. 

Know  all  men  by  these  presents,  that  we, ,  as  principal — ,  and  the 

company,  a  corporation  established  under  the  laws  of  the  common- 
wealth of  Massachiisetts  and  having  its  principal  office  in  Boston  in  said 

commonwealth,  as  surety,  are  held  and  firmly  bound  unto in  the  sum 

of  dollars,  to  be  paid  to  the  said  administrators,  executors, 

successors,  or  assigns,  to  which  payment,  well  and  truly  to  be  made,  we 
bind  ourselves  and  each  of  us  by  himself,  and  our  and  each  of  our  heirs, 
executors,  and  administrators,  successors  and  assigns  firmly  by  these 
presents. 

Sealed  with  our  seals,  and  dated  this  day  of  ,  in  the  year 

nineteen  hundred  and  . 

The  condition  of  this  obligation  is  such,  that  whereas  the  said  

issued  to ,  certificate  number ■,  for shares  of  its stock 

,  and  whereas  upon  representation  of ,  that  said has  been 

lost  or  destroyed,  said has  at  the  special  request  of  said issued 

to  the  said  a  new  certificate  of  said  or  in  lieu  of  said 

certificate  or  formerly  held  as  aforesaid, •: 

Now,  then,  if  said  ,  heirs,  executors,  and  administrators,  suc- 
cessors and  assigns  shall  well  and  truly  at  all  times  indemnify,  save 

harmless,  and  protect  said from  and  against  all  loss,  trouble,  cost, 

damage,  and  expense,  by  reason  of  the  issue  of  said  new  as  afore- 
said, and  also  by  reason  of  any  and  all  claims  and  demands  to  or  for 

said shares,  or  any  part  thereof,  or  said  ,  and  if,  in  case  said 

certificate  or  alleged  to  have  been  lost  or  destroyed,  as  aforesaid, 

shall  come  into  the  possession  or  under  the  control  of  said  or  of 

h —  heirs,  executors,  administrators,  successors,  or  assigns,  the  same 
shall  be  forthwith  delivered  to  said  — — •  company,  and  by  it  to  said 

to  be  canceled,  and  if  said  ,  h —  heirs,  executors,  and  admin- 
istrators, shall  in  all  respects  save  harmless,  protect  and  indemnify  said 

from  and  against  any  and  all  claims  and  demands,  and  all  cost, 

trouble,  damage,  and  expense  in  the  premises,  arising  out  of  or  con- 
nected v/ith  said  of  said  shares  or  said  ,  including  all 

costs  and  counsel  fees  and  expenses  incurred  in  defending  any  claim 
or  demand  to  or  for  said ,  then  this  obligation  shall  be  void,  other- 
wise it  shall  remain  in  full  force  and  effect. 

[Signatures.] 
Signed,  sealed,  and  delivered  in  presence  of , 

No.  806.    Reciprocal  Demurrage  Bond. 

Know  all  men  by  these  presents:  That  whereas  of ,  county 

of ,  state  of  California,  hereinafter  desi£,uated  as  the  "shipper,"  de* 

sires  hereafter  to  order  from  time  to  time  from [insert  name  of  rail- 
way company],  a  corporation,  hereinafter  designated  as  the  "railway 
company,"  a  car  or  cars  for  loading  freight  for  transportation  within  the 
state  of  California  under  the  Uniform  Rules  for  Demurrage  and  Recip- 


307  Bonds  and  Undertakings.  Form  806 

rocal  Demurrage  prescribed  for  broad-gauge  railroads  by  the  railroad 
commission  of  the  state  of  California; 

Now,   therefore,   said   shipper,   as   principal,   and  and  ,   as 

sureties,  do  hereby  jointly  and  severally  agree  that  in  case  during  the 
life  of  this  bond  said  shipper  shall  order  from  the  railway  company  a 
car  or  cars  for  loading  freit^ht  and  shall  not  use  tlie  same,  they  will  pay 
to  the  railway  company,  upon  demand,  the  demurrage  char2;es  pre- 
scribed by  said  rules  for  failure  to  use  the  car  or  cars  so  ordered,  at 
the  rate  of  three  ($3)  dollars  per  car  for  each  day  or  fraction  of  a 
day  of  detention,  not  exceeding,  in  case  of  an  order  for  a  single  car, 
the  sum  of  twenty  ($20)  dollars,  and,  in  case  of  an  order  for  more  than 
one  car,  the  sum  of  twenty  ($20)  dollars  plus  fifteen  ($15)  dollars  for 
each  car  ordered  in  excess  of  one,  together  with  charges  for  necessary 
empty-car  haul  and  all  damages,  expenses  and  costs  which  the  railway 
company  may  incur  or  in  anywise  be  put  to  in  the  premises. 

The  term  of  this  bond  shall  be  from  date  hereof. 

It  is  mutually  understood  and  agreed  and  made  a  condition  hereof 
that  the  respective  rights  and  obligations  of  the  said  principal  and 
sureties  herein  and  the  said  railway  company  with  respect  to  the  mat- 
ters herein  contained  shall  be  governed  by  the  provisions  of  the  Uni- 
form Rules  for  Demurrage  and  Reciprocal  Demurrage  prescribed  for 
broad-gauge  railroads  by  the  raiload  commission  of  the  state  of  Cali- 
fornia by  its  Order  No.  2,  approved  March  28,  1911,  and  effective  May 
1,  1911,  together  with  such  amendments,  alterations  and  additions  to 
the  same  as  may  from  time  to  time  be  made  by  order  of  the  said  com- 
mission, and  it  is  further  understood  and  agreed  that  any  and  all  such 
amendments,  alterations  and  additions  shall  not  operate  to  discharge 
or  diminish  the  obligation  of  the  sureties  on  this  bond. 

This  obligation  shall  inure  to  the  benefit  of  the  railway  company,  its 
successors  and  assigns,  and  shall  be  binding  upon  the  parties  hereto 
and  their  respective  heirs,  executors,  administrators,  successors  and 
assigns. 

In  witness  whereof,  said  principal  and  sureties  have  caused  these 
presents  to  be  duly  executed  this day  of ,  19 — . 

Principal. 


Sureties. 

NOTE. Form  approved  by  Railroad  Commission  of  state  of  California, 

April  26,  1911.  To  be  furnished  by  shippers  under  Uniform  Rules  for  De- 
murrage'and  Reciprocal  Demurrage  prescribed  by  the  Railroad  Commission 
of  the  state  of  California.  This  bond  must  be  executed  by  two  sureties 
known  to  the  agent  to  be  responsible,  except  that  only  one  surety  will  bo 
required  if  bond  is  executed  by  a  surety  company.  Where  principal  is  a 
corporation,  corporate  seal  must  be  affixed  to  bond,  and  in  all  cases  where 
principal  is'  a  copartnership  or  corporation,  the  name  of  person  signing  in 
behalf  of  principal  must  appear  after  or  under  the  name  of  the  principal,  as, 
for  instance,  A.  B.  Company,  by ,  Smith  &  .Jones,  by  . 


Form  807  Cowdery's  Form  Book.  308 

No.  807.    Common  Carrier's  General  Indemnity  Bond. 

Station, 19—. 

Whereas,  the  undersigned  principal  does,  and  is  about  to  do,  business 
as  consignor  or  consignee,  or  both,  or  agent  for  consignors  or  consignees, 
with  Southern  Pacific  Company,  with  respect  to  shipments  of  goods, 
either  over  its  lines  alone  or  over  its  lines  in  conjunction  with  the  lines 
of  other  carriers,  or  with  respect  to  both  said  kinds  of  shipments ;  and 
Whereas,  for  the  mutual  accommodation  of  said  principal  and  said 
Southern  Pacific  Company,  it  is  desirable  that  the  various  things  here- 
inafter referred  to  shall  be  done  by  said  Southern  Pacific  Company  or 
by  any  one  or  more  of  the  other  carriers  hauling  or  handling  said  goods, 
in  consideration  of  the  indemnity  by  this  instrument  provided,  we,  the 
undersigned,  and  each  of  us,  in  consideration  of  what  is  hereinbefore 
and  hereinafter  more  particularly  set  forth,  hereby  jointly  and  severally 
agree  with  Soiathern  Pacific  Company,  as  follows: 

1.  In  all  cases  where  any  goods  shipped  under  a  straight  bill  of  lading 
or  as  a  stright  consignment  shall  by  said  Southern  Pacific  Company,  or 
by  any  other  carrier  hauling  or  handling  said  goods,  be  delivered  to 
said  principal,  or  to  any  other  person  or  persons  upon  written  request 

of  the  principal,  at ,  or  any  of  such  places,  without  surrender  of  the 

original  shipping  receipt  or  bill  of  lading  thereof,  or  at  any  other  place 
or  places  shall  by  said  Southern  Pacific  Company  or  by  any  carrier 
hauling  or  handling  said  goods,  be  delivered,  at  the  written  request  of 
the  principal,  either  to  the  principal  or  to  any  other  person  or  persons, 
without  surrender  of  the  original  shipping  receipt  or  bill  of  lading 
thereof,  we  will  fully  indemnify,  save  and  keep  harmless  said  Southern 
Pacific  Company  and  each  and  every  carrier  hauling  or  handling  said 
goods  or  any  part  of  them,  from  and  asainst  all  loss,  damage  or  liability, 
of  whatsoever  character,  caused  thereby,  or  in  any  way  connected  witli 
said  delivery,  or  by  any  bona  fide  failure  to  accomplish  such  delivery, 
including  all  reasonable  attorney's  fees,  counsel  fees,  costs  and  ex- 
penses, paid  or  incurred  in  the  premises  by  said  Southern  Pacific  Com- 
pany or  any  carrier  or  carriers  hauling  or  handling  said  goods. 

2.  In  all  cases  where,  at  request  of  said  principal,  goods  shall  be 
diverted  from  their  original  destination,  or  consignee  changed,  or 
inspection  permitted,  we  will,  whether  the  shipment  of  said  goods  may 
have  been  covered  by  a  straight  or  by  an  order  bill  of  ladinor,  fully  in- 
demnify, save  and  keep  harmless  said  Southern  Pacific  Company  and 
each  and  every  carrier  hauling  or  handling  said  goods  or  any  part  of 
them,  from  and  against  all  loss,  damage  or  liability,  of  whatsoever 
character,  caused  thereby,  or  in  any  way  connected  Avith  said  diversion, 
change  of  consignee,  or  inspection  or  by  any  bona  fide  failure  to  accom- 
plish such  diversion,  change  of  consignee,  or  inspection,  including  all 
reasonable  attorney's  fees,  counsel  fees,  costs  and  expenses,  paid  or  in- 
curred in  the  premises  by  said  Southern  Pacific  Company  or  any  carrier 
or  carriers  hauling  or  handling  said  goods. 


309  Bonds  and  Undertakings.  Form  807 

3.  In  all  cases  wliore  goods  sliall  have  been  stopped  in  transit,  or  other 
disposition  thereof  made  at  request  of  said  principal,  we  will,  whether 
the  shipment  of  said  goods  may  have  been  covered  by  a  straight  or  by 
an  order  bill  of  lading,  fully  indemnify,  save  and  keep  harmless  said 
Southern  Pacific  Company  and  each  and  every  carrier  hauling  or  hand- 
ling said  goods  or  any  part  of  them,  from  and  against  all  loss,  damage 
or  liability,  of  whatsoever  character,  arising  therefrom  or  in  any  way 
connected  therewith,  or  by  any  bona  fide  failure  to  accomplish  such 
stoppage  in  transit  or  other  disposition,  including  all  reasonable  attor- 
liey's  fees,  counsel  fees,  costs  and  expenses,  paid  or  incurred  in  the 
premises  by  said  Southern  Pacific  Company  or  any  carrier  or  carriers 
hauling  or  handling  said  goods. 

4.  As  to  all  goods  either  shipped  by  said  principal  tlirough  said 
Southern  Pacific  Company,  or  received  by  said  principal  from  said 
Southern  Pacific  Company,  or  shipped  to  said  principal  upon  written 
request  of  said  principal  and  offered  to  said  principal  for  delivery  by 
said  Southern  Pacific  Company,  whether  so  received  or  offered  for  de- 
livery for  account  of  said  principal  or  so  received  by  said  principal  or 
offered  for  delivery  to  said  principal  as  agent  for  any  other  person  or 
persons,  or  received  by  said  principal  for  further  transportation,  or 
delivered  to  any  person  or  persons  other  than  said  principal  upon 
written  request  of  said  principal  to  make  such  delivery  and  collect 
charges  from  said  principal,  and  upon  which  said  goods  transportation 
charges  or  other  customary  charges  made  by  the  carriers,  or  any  carrier, 
hauling  or  handling  said  goods,  including  demurrage  and  storage 
charges,  shall  remain  unpaid  in  whole  or  in  part  at  any  time  after 
arrival  of  said  goods  at  destination,  or  after  delivery  to  said  Southern 
Pacific  Company  of  goods  to  be  forwarded,  charges  prepaid,  or  after  the 
total  or  partial  destruction  of  said  goods  by  any  cause  other  than  negli- 
gence of  the  carrier,  we  will  promptly  pay  to  said  Southern  Pacific 
Company,  upon  demand,  the  amount  of  such  charges  so  remaining,  un- 
paid, including  proportions  of  all  other  carriers  hauling  or  handling 
said  goods,  and  in  default  will  further  pay  all  expenses  of  collection, 
including  any  reasonable  attorney's  fees  and  costs.  Such  default  will 
also  authorize  withholding  of  shipments,  or  refusing  to  forward  ship- 
ments without  prepayment,  until  all  arrearages  are  paid. 

5.  Provided,  that  if  the  transportation  charges  and  other  customary 
charges  (not  including  undercharges)  lawfully  made  by  carriers  upon 
goods  delivered  to  said  principal,  remain  unpaid  for  a  period  of  twenty 
days  after  the  delivery  of  said  goods  by  said  railroad  company  to  said 
principal,  or  if  any  undercharges  lawfully  due  remain  unpaid  for  a 
period  of  one  hundred  and  twenty  days  after  such  delivery,  then  and 
in  either  of  these  events,  the  said  railroad  company  shall  make  no 
further  delivery  of  goods  to  said  principal  without  the  requirement  of 
the  payment  of  all  transportation  charges  and  other  customary  charges 
in  advance.  Save  and  except  tluat,  in  the  case  of  bills,  including  under- 
charge bills,  disputed  on  account  of  alleged  errors  in  rates  or  weights,  or 


Form  807  Oowdery's  Form  Book.  310 

other  alleged  error,  the  period  of  twenty  days  and  one  hundred  and 
twenty  days  hereinbefore  respectively  provided  shall  not  apply,  but 
that  if  any  of  the  aforesaid  disputed  bills  remain  unpaid  for  a  period 
of  twenty  days  after  the  correctness  of  said  bills  has  been  establislied 
(either  by  mutual  agreement  or  to  the  satisfaction  of  said  railroad  com 
pany)  and  written  notice  by  said  railroad  company  certifying  to  the 
correctness  thereof  has  been  mailed  to  the  principal,  then  and  in  that 
event  the  said  railroad  company  shall  make  no  further  delivery  of  goods 
to  said  principal  without  the  requirement  of  the  payment  of  all  trans- 
portation charges  and  other  customary  charges  in  advance. 

6.  Provided,  however,  that  if  said  railroad  company  fails  to  mail  a 
notice  to  the  undersigned  guarantor  of  any  charges  or  undercliarges 
unpaid  by  the  principal  obligor,  within  ninety  days  after  th-e  railroad 
company  has  ceased  making  delivery  of  goods  as  hereinbefore  pre- 
scribed, all  liability  of  the  undersigned  guarantor  for  the  amount  of 
such  unpaid  charges  or  undercharges,  as  the  case  may  be,  shall  cease; 
and  from  the  date  of  said  notice  said  guarantor  will  be  released  from 
any  further  liability  under  said  bond  unless  by  consenting  thereto  in 
writing  but  not  from  liability  for  any  charges  or  charge,  undercharges 
or  undercharge,  claims  or  demands,  or  claim  or  demand,  of  any  char- 
acter accruing  or  arising  under  said  bond. 

Provided  tliat  in  no  event  shall  the  liability  of  the  guarantors  herein, 
or  the  liability  of  the  guarantor  herein,  exceed  the  sum  of dollars. 

The  obligation  of  principal  and  guarantors  or  guarantor  created  by 
this  instrument  shall  be  continuous  and  shall  remain  in  full  force  and 
effect  until  terminated  by  said  principal  or  the  undersigned  guarantors 
or  either  of  them,  or  by  the  undersigned  guarantor,  by  written  notice 
of  termination  or  revocation  given  to  said  Southern  Pacific  Company; 
but  such  notice  shall  not  have  the  effect  of  terminating  said  obligation 
until  the  expiration  of  five  (5)  days  from  and  after  the  date  of  its 
receipt  by  said  Southern  Pacific  Company. 

This  instrument  may  be  canceled  at  any  time  by  Southern  Pacific 
Company  upon  mailing  notice  addressed  to  the  principal. 

The  termination  hereof,  as  aforesaid,  by  principal  or  guarantors  or 
guarantor  or  such  cancellation  bj'  Southern  Pacific  Company  shall  in 
no  manner  relieve  or  release  said  principal  or  guarantors  or  eitlier  of 
them  or  guarantor  from  any  obligations  or  liabilities  or  obligation  or 
liability,  arising  under  this  instrument  prior  to  such  termination  or 
cancellation. 

Subject  to  and  controlled  by  provisions  of  foregoing  bond  as  to  limi- 
tation of  amount  of  liability  or  guarantors,  continuation  and  termina- 
tion of  obligation,  and  cancellation  of  bond,  and  eifect  of  such  termina- 
tion or  cancellation,  and  as  a  part  of  said  bond,  we,  the  undersigned, 
and  each  of  us,  hereby  jointly  and  severally  agree  with  Southern  Pacific 
Company  that,  as  to  all  goods  stored  by  or  in  behalf  of  undersigned 
principal,  on  and  after  date  hereof,  in  any  warehouse  of  Southern  Pa- 
cific Company,  and  subsequently  delivered  to  undersigned  principal,  or 


311  Bonds  and  Undertakings.  Form  R08 

any  of  the  agents  of  undersigned  principal,  or  to  any  other  person  in 
pursuance  of  request  or  authority  of  undersigned  principal,  withoiit 
payment,  or  full  payment,  of  storage  charges  due  thereon,  we  will 
promptly  pay  Southern  Pacific  Company,  upon  demand,  the  amount  of 
such  storage  charges  so  remaining  unpaid,  and  in  default  thereof  will 
further  pay  all  expenses  of  collection,  including  a  reasonable  attorney's 
fee  and  costs. 

By  the  word  "person,"  where  used  in  this  instrument,  is  meant  either 
a  natural  person  or  a  firm  or  corporation. 

In  witness  whereof,  the  parties  hereto  have  hereunto  set  their  hands. 

Principal,  . 

Address,    . 

Witness, . 

Guarantor,    . 

Address,    . 

Witness, . 

Approved :  ,  Agent. 

NOTE. — Street  address  of  prineipal,  also  of  guarantor,  should  be  giren  in 
all  cases.  "Where  principal  or  guarantor  is  a  corporation,  its  corporate  seal 
must  be  affixed  to  bond,  and  the  name  and  title  of  the  person  or  persons 
signing  in  its  behalf  must  appear  after  or  under  its  name,  as,  for  instance, 
A.  B.  Company,  by  John  Doe,  President,  Richard  Roe,  Secretary.  Where 
principal  is  a  copartnership,  the  name  of  the  person  signing  in  its  behalf 
must  appear  after  or  under  its  name,  as,  for  instance,  Smith  &  Jones,  by 
James  Jones,  of  and  for  the  firm. 

No.  808.    Notice  by  Surety  to  His  Guarantors  to  Defend  Action  on  a 

Bond  Signed  by  Surety  and  Guarantor. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice  that  on  or  about  the  25th  day  of  Septem- 
ber, 1899,  j'ou  signed  and  delivered  to  A.  S.  Company  a  certain  check 
in  the  sum  of  $5,000  to  be  held  and  which  is  held  by  it  to  indemnify 
and  save  harmless  said  A.  S.  Company,  from  and  against  all  loss,  dam- 
ages, costs,  charges,  counsel  fees  and  expenses  whatsoever,  which  said 
S.  Company  shall  or  may  for  any  cause,  at  any  time,  sustain  or  incur, 
by  reason  or  in  consequence  of  said  S.  Company  having  become  surety 
for  R.  A.  on  a  certain  bond  for  the  sum  of  one  hundred  thousand  dol- 
lars ($100,000),  which  bond  is  conditioned  that  said  R.  A.,  his  lieirs, 
executors,  administrators  and  assigns,  shall  well  and  truly  and  in  a 
satisfactory  manner  fulfill  and  perform  the  stipulations,  covenants  and 
agreements  of  a  certain  contract  entered  into  by  said  R,  A.  with  the 
United  States  of  America  represented  by  Major  W.  H.  H.,  Corps  of 
Engineers,  U.  S.  Army,  for  removing  certain  rocks  in  San  Francisco 
Bay.  California,  and  shall  promptly  make  payments  to  all  persons  sup- 
plying him  labor  or  materials  in  the  prosecution  of  the  work  provided 
for  in  the  said  contract. 

And  you  are  hereby  notified  that  on  or  about  the  first  day  of  October, 
1904,  the  United  States  of  America,  in  the  relation  of  and  for  the  use 


Forms  809, 810  Cowdery's  Form  Book.  312 

and  benefit  of  W.  W.  M.  and  Company,  commenced  an  action  in  the 
Circuit  Court  of  the  United  States,  Ninth  Circuit,  Northern  District  of 
California,  against  the  said  R.  A.  and  the  undersigned,  the  said  A.  S. 
Company  upon  said  above-mentioned  bond.  A  copy  of  the  summons 
and  complaint  in  said  action  is  herewith  handed  you.  The  summons 
and  complaint  were  served  upon  the  undersigned,  A.  S.  Company,  on 
the  fifth  day  of  October,  1904. 

And  you  are  hereby  furtlier  notified  to  take  such  action  in  defending 
said  suit,  or  appearing  therein,  as  you  may  be  advised  to  be  necessary 
"in  the  premises. 

The  undersigned  will  be  pleased  to  have  either  you  or  your  attorneys 
consult  with  Mr.  C.  A.,  1200  S.  St.,  San  Francisco,  California,  concern- 
ing said  suit. 

[Signature.] 

Dated,  . 

No.  809.    Complaint  by  Surety  Against  Principal. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  second  day  of  June,  1917,  at  P.,  in  consideration  that 
the  plaintiff  would  become  surety  for  him,  by  executing  an  undertaking, 
of  which  a  copy  is  annexed  as  a  part  of  this  complaint,  marked  "Ex- 
hibit A,"  the  defendant  agreed  with  the  plaintiff  that  he  would  indem- 
nify him,  and  save  him  harmless  from  and  against  all  damages,  costs, 
and  charges  which  he  might  sustain  by  reason  of  his  becoming  surety 
as  aforesaid. 

2.  That  the  plaintiff,  confiding  in  such  promise  of  the  defendant,  exe- 
cuted and  delivered  such  undertaking. 

3.  That  the  defendant  did  not  indemnify  the  plaintiff,  and  save  him 
harmless  from  such  damages,  costs  and  charges;  but,  on  the  contrary, 
the  plaintiff,  under  a  judgment,  on  the  fifth  day  of  August,  1917,  ren- 
dered against  him  by  the  justice's  court,  at  P.,  in  an  action  brought 
against  him  upon  said  undertaking,  paid,  on  the  sixth  day  of  August, 
1917,  $50  to  A.  B.,  in  satisfaction  and  discharge  of  said  undertaking, 
and  also  necessary  costs  and  expenses  in  said  action  and  on  account  of 
said  undertaking,  to  the  amount  of  $350. 

4.  That  notice  thereof  was  given  to  the  defendant,  and  that  the 
plaintiff  duly  performed  all  the  conditions  of  the  said  agreement  on  his 
part. 

5.  That  the  defendant  has  not  paid  the  same  to  the  plaintiff. 
[Annex  copy  of  undertaking,  marked  "Exhibit  A."] 

No.  810.     Official  Bond  of  County  Treasurer. 

Know  all  men  by  these  presents  that  we, as  principal,  and , 

J ^ ,  ,  and  ,  as  sureties,  are  held  and  firmly  bound 

unto  the  state  of  ,  in  the  following  penal  sums,  to  wit:  the  said 

,  in  the  penal  sum  of  dollars  ($ ) ;  the  said  ,  in  the 


313  Bonds  and  Undertakings.  Form  Sll 

penal  sum  of dollars  ($ ) ;  the  said  ,  in  the  penal  sum  of 

dollars   ($ ) ;  the  said  ,  in  the  penal  sum  of  dollars 

($ ) ;  the  said  ,  in  the  penal  sum  of  dollars  ($ ) ;  and 

the  said ,  in  the  penal  sum  of dollars  ($ ) ;  for  the  payment 

of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs, 
executors,  and  administrators,  jointly  and  severally,  firmly  by  these 
presents. 

Sealed  with  our  seals  and  dated  the day  of ,  19 — . 

The  condition  of  the  above  obligation  is  such  that,  whereas  the  above- 

bounden  principal,  ,  was,  at  a  general  election  held  in  said  state, 

on  the day  of ,  19 — ,  duly  elected  to  the  office  of  county  treas- 
urer, in  and  for  the  county  of and  state  aforesaid: 

Now,  therefore,  the  condition  of  this  obligation  is  such  that  if  the 

said shall  well,  truly  and  faithfully  perform  all  official  duties  now 

required  of  him  by  law,  and  shall  well,  truly,  and  faithfully  execute 
and  perform  all  the  duties  of  such  office  of  county  treasurer  required  by 
any  law  to  be  enacted  subsequently  to  the  execution  of  this  bond,  then 
this  obligation  is  to  be  void  and  of  no  effect;  otherwise,  to  remain  in 
full  force  and  effect. 

[Signatures.] 

[Justification  of  sureties.] 

NOTE. — Every  official  bond  in  California  miist  be  signed  by  the  princi- 
pal and  at  least  two  sureties:  See  Cal.  Pol.  Code,  sec.  954.  In  California, 
the  approval  of  every  official  bond  must  be  indorsed  thereon,  and  be  signed 
by  the  judge  or  other  officer  approving  the  same,  and  no  officer  with  whom 
any  official  bond  is  required  to  be  filed  must  file  such  bond  until  it  is 
approved:  See  Cal.  Pol,  Code,  sees.  952,  953,  955,  4022. 

No.  811.    Justification  of  Sureties  on  State  or  County  Bonds. 

State  of , 

County  of ,  ss. 

and  ,  whose  names  are  subscribed  as  sureties  to  the  above 

bond,  being  duly  sworn,  each  for  himself  says  that  he  is  a  resident  and 

freeholder  [or  householder]  within  said  state  of [if  it  is  a  county 

bond,  say  here,  "within  said  county;  or,  city  and  county;  or,  within 
an  adjoining  county,  or,  city  and  county"]  ;  that  he  is  worth  the  amount 
for  which  he  becomes  surety  over  and  above  all  his  debts  and  liabilities, 
in  unencumbered  property,  situated  within  this  state,  exclusive  of  prop- 
erty exempt  from  execution  and  forced  sale. 

[Signatures.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signatures.] 

Approved, . 

NOTE.— See  Cal.  Pol.  Code,  sec.  9S3. 

The  officer  whoso  duty  it  is  to  approve  official  bonds  must  not  do  so,  unless 
each  of  the  sureties  severally  justify  as  above  before  an  offir-er  authorized 
to  administer  oaths:  See  Cal.  Pol.  Code,  sec.  955.     When  this  justification  is 


Forms  812-814  Cowdery's  Form  Book.  31-1 

made,  the  approval  must  be  indorsed  on  the  bond  and  signed  by  the  officer 
approving  the  bond:  See  Cal.  Pol.  Code,  sec.  952. 

Any  corporation  with  a  paid-up  capital  of  not  less  than  one  hundred  thou- 
sand dollars  ($100,000),  incorporated  for  the  purpose  of  becoming  a  surety 
on  bonds  and  undertakings  required  or  authorized  by  law,  and  which  has 
complied  with  the  laws  of  this  state,  etc.,  may  become,"^  and  shall  be  accepted 
as,  sole  and  sufficient  surety,  subject  to  certain  provisions  of  law:  See  Cal. 
Pol.  Code,  sec.  955. 

No.  812.     Condition  of  Coimty  Treasurer's  Bond— Colorado. 

Wliereas  the  above-bounden  was  elected  to  the  office  of  county 

treasurer  of  the  county  of ,  on  the day  of ,  19 — : 

Now  therefore  the  condition  of  this  obligation  is  such  that  if  the  said 

■ ,  and  his  deputy,  and  all  other  persons  employed  in  his  office,  shall 

faithfully  and  promptly  perform  the  duties  of  said  office,  and  if  the  said 

,  and  his  deputies,  shall  pay,  according  to  law,  all  moneys  which 

shall  come  to  his  hands  as  treasurer,  and  will  render  a  just  and  true 
account  thereof  whenever  required  by  said  board  of  commissioners,  or  by 
any  provision  of  law,  and  shall  deliver  over  to  his  successors  in  office, 
or  to  any  other  person  authorized  by  law  to  receive  the  same,  all 
moneys,  books,  papers,  and  otlier  things  appertaining  thereto,  or  be- 
longing to  his  said  office,  then  the  above  obligation  to  be  void;  otherwise 
to  be  in  full  force  and  effect. 

NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  sec.  1431. 

No.  813.     Condition  of  Sheriff's  Bond— Colorado. 

Wliereas  the  above-bounden  was  elected  to  the  office  of  sheriff 

of  the  county  of ,  on  the day  of ,  19 — : 

Now  the  condition  of  this  obligation  is  such  that  if  the  said shall 

well  and  faithfully  perform   and  execute  the  duties  of  the  office  of 

sheriff  of  said  county  of ,  during  his  continuance  in  office,  by  virtue 

of  said  election,  without  fraud,  deceit,  or  oppression,  and  shall  pay  over 
all  moneys  that  may  come  into  his  hands  as  such  sheriff,  and  shall  de- 
liver to  his  successor  all  writs,  papers,  and  otlier  tilings  pertaining  to 
"his  office  which  may  be  so  required  by  law,  then  the  above  obligation 
shall  be  void;  otherwise,  to  be  and  remain  in  full  force  and  effect. 

NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  sec.  1386. 

No.  814.     Condition  of  County  Clerk's  Bond — Kansas. 

Vfhereas  the  above-bounden  was  elected  to  the  office  of  county 

cleik  of  the  county  of ,  on  the day  of ,  19 — : 

Now  therefore,  if  the  said shall  faithfully  perform  all  the  duties 

of  his  office,  and  shall  pay  over  all  moneys  that  may  come  into  his  hands 
as  such  clerk,  as  required  by  law,  and  shall  deliver  to  his  successor  in 
office  all  the  books,  records,  papers,  and  other  things  belonging  to  said 
office,  then  the  above  obligation  to  be  null  and  void;  otherwise,  to  re- 
main in  full  force. 

NOTE.— Kansas,  Gen.  Stats.  1915,  p.  2667. 


315  Bonds  and  Undertakings.  Forms  815-818 

No.  815,     Official  Undertaking  of  Constable — Oregon. 

Whereas  has  been  duly  elected  a  constable  for  the  precinct  of 

,  in  the  county  of ,  at  an  election  lield  on  the day  of , 

19 — ,  we,  and  ,  hereby  undertake  that  if  the  said  shall  not 

faithfully  execute  and  return  all  process  to  him  directed  and  delivered, 
and  pay  over  according  to  law  all  moneys  that  sliall  come  into  his  hands 
by  virtue  of  his  office,  then  we,  or  either  of  us,  will  pay  to  the  state  of 

the  sum  of  dollars  ($ ). 

[Signatures.] 
Approved, . 

NOTE. — See  Lord's  Oregon  Laws,  sec.  3188. 

This  undertaking  must  be  approved,  and  the  justification  of  the  sureties 
must  be  filed  with  it:  Lord's  Oregon  Laws,  sec.  3189. 

No.  816.     Official  Undertaking  of  Justice  of  the  Peace — Oregon. 

Whereas has  been  duly  elected  a  justice  of  the  peace  in  and  for 

the  precinct  of ,  in  the  county  of  ,  at  an  election  held  on  the 

day  of  ,  19 — ,  we,  and  ,  hereby  undertake  that  if 

the  said shall  not  faithfully  pay  over  according  to  law  all  moneys 

that  shall  come  into  his  hands  by  virtue  of  such  office,  then  we,  or 
either   of   us,  will  pay   to  the    state   of  the  sum  of  dollars 

($ ). 

[Signatures.] 
Approved,  . 

NOTE. — See  Lord's  Oregon  Laws,  sec.  3181. 

This  undertaking  must  be  approved  as  provided,  and  the  justificntion  of 
the  sureties  must  be  filed  with  the  undertaking:  Lord's  Oregon  Laws,  sec. 
3182. 

No.  817.     Sheriff's  Official  Undertaking— Oregon. 

Whereas,  at  an  election  held  on  the day  of ,  19 — , was 

duly  elected  sheriff  of  the  county  of  ,  we,  and  ,  hereby 

undertake  that  if  the  said  shall  not  faithfully  pay  over  according 

to  law  all  moneys  that  may  come  into  his  hands  by  virtue  of  such  office, 
and   otherwise  well   and  faithfully  perform  the   duties  of  such   office, 

tiien  we,  or  either  of  us,  will  pay  the  state  of  the  sum  of  

dollars  ($ ). 

[Signatures.] 

Approved,  , 

NOTE.— See  Lord's  Oregon  Laws,  sees.  2938,  2940,  2941. 

No.  818.    County  Treasurer's  Official  Underta,king — Oregon. 

Whereas,  at  an  election  held  on  the day  of ,  19 — ,  was 

duly  elected  county  treasurer  for  the  county  of ,  we, and , 

hereby  undertake  that  if  the  said shall  not  faithfully  keep,  account 

for,  and  pay  over  according  to  law  all  moneys  that  may  come  into  his 


Forms  819, 820  Cowdery's  Form  Book.  316 

hands  by  virtue  of  his  oflSce,  and  otherwise  well  and  faithfully  perform 
the  duties  of  such  office,  then  we,  or  either  of  us,  will  pay  to  the  state 
of the  sum  of dollars  ($ ). 

[Signatures.] 

Approved,  . 

NOTE.— See  Lord's  Oregon  Laws,  sec.  2963. 

K"o.  819.     Condition  of  Oflacial  Bond — Wyoming. 

Whereas  the  above-bounden was  elected  to  the  office  of ,  on 

the day  of ,  19 — ; 

Now  therefore  the  conditions  of  this  obligation  are  such  that  if  the 

said  bounden and  his  deputies  shall  well  and  truly  perform  all  the 

duties  of  his  said  office  of ,  as  is  or  may  be  prescribed  by  law,  and 

shall,  with  all  reasonable  skill,  diligence,  good  faith,  and  honesty,  safely 
keep  and  be  responsible  for  all  funds  coming  into  the  hands  of  such 
officer  by  virtue  of  his  office,  and  pay  over  without  delay  to  the  person 
or  persons  authorized  by  law  to  receive  the  same,  all  moneys  which  may 
come  into  his  hands  by  virtue  of  his  said  office,  and  sliall  well  and  truly 
deliver  to  his  successor  in  office,  or  such  other  person  or  persons  as  are 
authorized  by  law  to  receive  the  same,  all  moneys,  books,  papers,  and 
things  of  every  kind  and  nature  held  by  him  as  such  officer,  the  above 
obligation  to  be  void;  otherwise,  to  remain  in  full  force  and  effect. 

NOTE.— Wyoming,  Comp.  Stats.  1910,  see.  284. 

No.  820.    Bond  of  Justice  of  the  Peace — Washington. 

Know  all  men  by  these  presents  that  we, , ,  and ,  are  held 

and  firmly  bound  unto  the  board  of  county  commissioners  of  the  county 

of ,  in  the  state  of ,  in  the  sum  of dollars  ($ ),  for  the 

payment  of  which  we  jointly  and  severally  bind  ourselves,  our  heirs, 
executors  and  administrators. 

Sealed  Avith  our  seals;  dated  this day  of ,  19 — . 

Whereas  the  said  was,  on  the  day  of  ,  19 — ,  duly 

elected  a  justice  of  the  peace  in  and  for  the  precinct  of  ,  in  the 

county  of , : 

Now  the  condition  of  the  above  obligation  is  such  that  if  the  said 

shall  faithfully  pay  over  according  to  law  all  moneys  which  shall 

come  into  his  hands  by  virtue  of  his  office  as  justice  of  the  peace,  then 
this  obligation  shall  be  void;  otherwise,  in  full  force. 

[Signatures  and  seals.] 

Approved,  . 

NOTE. — See  Washington,  Eem.  Code,  sees.  6518,  8328. 


317  Bonds  and  Undertakings.  Forms  821, 822 

No.  821.     Official  Bond  of  City  and  County  Officers  of  Honolulu. 

Know  all  men  by  these  presents  that  we,  as  principal,  and  


and as  sureties,  are  held  and  firmly  bound  unto  the  city  and  county 

of  Honolulu,  in  the  territory  of  Hawaii,  in  the  penal  sum  of doll£.js 

($ ),  lawful  money  of  the  United  States  of  America,  for  the  pay- 
ment of  which,  well  and  truly  to  be  made,  we  do  bind  ourselves,  our 
heirs,  executors,  and  administrators,  jointly  and  severally,  firmly  by 
these  presents. 

Sealed  with  our  seals  and  dated  this day  of  ,  19 — . 

The  conditions  of  this  obligation  are  such  that  whereas  the  above- 

bounden  was  elected  to  the  office  of  ,  of  the  city  and  county 

of  Honolulu  [or,  district  of (giving  the  name  of  the  district  of  the 

city  and  county  of  Honolulu)],  territory  of  Hawaii,  on  the  day  of 

,  19-: 

Now  therefore,  if  the  said  bounden shall  faithfully  perform  all 

the  duties  of  his  said  office  as  prescribed  by  law;  shall  safely  keep  all 
moneys  which  may  come  into  his  possession  by  virtue  of  his  said  office ; 
shall  promptly  pay  over  to  the  person  or  persons  legally  authorized  to 
receive  the  same  all  such  moneys  in  the  manner  prescribed  by  law;  and 
shall  deliver  over  to  his  successor  in  office  all  moneys  lield  by  him  as 
such  officer,  then  this  obligation  to  be  null  and  void;  otherwise,  to 
remain  in  full  force  and  effect. 

[Signatures  and  seals.] 

[Justification  of  sureties.] 

Territory  of  Hawaii, 

City  and  County  of  Honolulu, — ss. 

and ,  parties  to  the  above  bond,  being  duly  sworn,  do  depose 

and  say,  each  for  himself,  that  he  is  a  resident  and  freeholder  in  said 
territory,  and  has  property  situated  therein;  and  tliat  lie  is  worth  the 

sum  of dollars  ($ )  over  and  above  his  debts  and  liabilities. 

[Signatures.] 


Subscribed  and  sworn  to  [etc.]. 
Approved,  . 


[Official  signature.] 


NOTE.— Hawaii,  Rev.  Code  1915,  sec.    Ifj?*. 


No.  822.     Bond  of  Public  Officer— Hawaii. 

Know  all  men  by  these  presents  that  we,  ,  of ,  as  principal, 

and  and  ,  of  ,  as  sureties,  are  held  and  firmly  bound  to 

the in  the  sum  of dollars  ($ ),  lawful  money  of  the  United 

States  of  America,  for  the  payment  of  which,  well  and  truly  to  be  made, 
we  do  firmly  bind  ourselves,  our  heirs,  executors,  and  administrators, 
jointly  and  severally  by  these  presents. 

Signed  at ,  this day  of  ,  19 — . 


J^''orm823  Cowdeby^s  Form  Book.  318 

The  condition  of  this  obligation  is  such  that  whereas  the  above- 
bounden  was,  on  the  day  of  ,  19 — ,  appointed  or  em- 
ployed as of  the : 

Now  therefore,  if  the  said shall  faithfully  perform  all  the  duties 

of  his  office,  appointment,  position,  or  employment  y/hich  are  now  or 
may  hereafter  be  required,  prescribed,  or  defined  by  law,  or  by  any 
departmental  rule  or  regulation  made  under  the  express  or  implied  au- 
thority of  any  statute,  or  by  any  order,  direction,  or  command  of  the 
head  of  the  department,  bureau,  office,  or  service  in  which  said  obligor 
is  engaged  or  employed,  and  all  duties  and  acts  undertaken,  assumed, 
or  performed  by  said  obligor  by  virtue  or  color  of  his  office,  appoint- 
ment, employment,  or  position,  and  shall  safely  keep,  promptly  pay 
over  to  those  legally  entitled  thereto,  and  faithfully  account  for  all 
moneys  which  may  come  into  his  possession  or  control  by  reason  of 
his  undertaking,  assuming,  performing,  or  doing  any  of  the  aforesaid 
duties  or  acts,  then  this  obligation  shall  be  void;  otherwise,  it  shall  be 
and  remain  in  full  force  and  virtue,  and  may  be  enforced  in  any  man- 
ner or  by  any  proceedings  authorized  by  law. 

[Signatures.] 

[Justification  of  sureties.] 

NOTE.— Hawaii,    Rev.    Code   1915,   sec.    139. 

No.  823.    Justification  of  Sureties  on  Oflacial  Bond — Hawaii. 

Territory  of  HaAvaii, 

Island  and  County  of ,  ss. 

and  ,  being  duly  sworn,  depose  and  say  that  thoy  are  resi- 
dents and  freeholders  within  the  territory  of  Hawaii,  and  are  worth  in 

the  aggregate,  in  real  property  situated  in  said  territory,  dollars 

($ ),  the  amount  of  the  foregoing  obligation,  over  and   above   all 

sums  for  which  they  are  already  liable. 

[Signatures.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

Approved,  . 

NOTE.— Hawaii,    Rev.   Code   1915,   sec.    139. 

BOTTOIVIRY. 

Bottomry  Bond,  No.  775. 


319  Breach  of  Promise.  Forms  824, 825 


BREACH  OF  PROMISJl, 

824.  Complaint  for  breacli  of  promise  of  marriage. 

825.  Complaint  for  refusal  to  maxry. 

No.  824.     Complaint  for  Breach  of  Promise  of  Marriage. 
[Title  of  Court  and  Cause.] 

Mollie  Lahey,  plaintiff  herein,  by  Jeremiah  Mason,  her  attorney,  com- 
plains of  the  defendant  above  named  and  for  cause  of  action  alleges, 
that  on  or  about  the  first  day  of  December,  1877,  in  consideration  that 
the  plaintiff,  v/ho  was  then  sole  and  unmarried,  at  the  request  of  the 
dciendant,  had  then  promised  the  said  defendant  to  marry  him;  the 
said  defendant,  at  said  Washint^ton  Citj'^,  promised  to  marry  the  said 
plaintiff  at  such  time  as  she,  the  plaintiff,  at  defendant's  request,  should 
come  from  Washington  City  to  the  city  of  Portland,  in  Oregon.  That 
in  j)ursuance  of  such  agreement  to  marry,  the  said  plaintiff  did,  on  or 
about  the  fifteenth  of  April,  1878,  at  the  request  of  the  defendant,  come 
from  said  Washington  City  to  Portland,  Oregon,  and  that  said  defend- 
ant, at  said  last-named  city,  on  or  about  the  day  last  named,  again 
promised  and  agi'eed  to  marry  said  plaintiff,  on  the  twentieth  day  of 
?>ray,  1878 ;  and  plaintiff  avers  that  she,  confiding  in  the  promises  of  the 
said  defendant,  hath  always  from  thence  hitherto  remained,  and  still 
is  sole  and  unmarried,  and  has  been  for  and  during  all  the  time  afore- 
said, to  wit,  since  the  fifteenth  day  of  April,  1878,  until  the  marriage 
of  the  defendant  hereinafter  named,  ready  and  willing  to  marry  the 
said  defendant,  whereof  the  said  defendant  has  always  had  notice;  yet 
that  the  said  defendant,  not  regarding  his  said  promise,  did,  after  the 
making  of  said  promise,  on  or  about  the  third  day  of  June,  1878,  wrong- 
fully marry  one  Mrs.  Harvey  (whose  name  is  not  more  fully  known  to 
plaintiff),  contrary  to  his  said  promise,  whereby  the  plaintiff,  as  she 
avers,  has  sustained  and  is  damaged  in  the  sum  of  twenty-five  thousand 
dollars. 

,  Attorney  for  Plaintiff. 

NOTE. — Precedent  in  Lahey  v.  Knott,  8  Or.  199. 

No.  825.     Complaint  for  Befnsal  to  Marry. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  heretofore,  to  wit,  on  the  fifth  day  of  June,  1917,  at  P.,  in 
consideration  that  the  plaintiff,  being  then  sole  and  unmarried,  at  the 
request  of  the  said  defendant,  had  then  promised  the  said  defendant  to 
marry  him,  tlie  said  defendant,  on  request,  the  defendant  promised  to 
marry  the  plaintiff  within  a  reasonable  time  [or,  if  a  time  certain  was 
agreed  upon,  state  the  time]. 

2.  That  the  plaintiff,  confiding  in  said  promise,  has  always  since 
remained,   and    continued,   and    still   is,   sole   and    unmarried,    and   has 


CowDERY's  Form  Book.  32u 

been  for  and  during  the  time  aforesaid,  and  now  is,  ready  and  willing 
to  marry  the  defendant. 

3.  That  the  defendant  refuses  to  marry  the  plaintiff,  although  a  rea- 
sonable time  elapsed  before  this  action  [or,  although  she,  on  the  twenty- 
fifth  day  of  June,  1917,  requested  him  so  to  do],  to  her  damage  in 
the  sum  of  forty  thousand  dollars. 


BUILDER'S  CONTRACT. 


Builder's  Contract,  No.  1184. 
Building  Contiact,  No.  llSo. 
Building  Contract,  No.  1186. 


BY-LAWS. 

By-laws  of  Corporation,  No.  1322. 


CERTIFICATES. 

841.  Certificate  of  authority  of  notary  or  other  officer. 

842.  Certificate  of  clerk  to  copy  of  minute  order. 

843.  Certificate  of  clerk  to  copy  of  paper  on  file. 

844.  Certificate  of  authentication  by  clerk  of  court. 

845.  Certificate  to  copy  of  decree. 

846.  Certificate  to  signature  and  form  of  instrument. 

847.  Certificate  of  residence  of  partnership. 

848.  Certificate  of  election. 

849.  Certificate  to  signature. 

850.  Certificate  of  marriage. 

851.  Certificate  of  marriage — Another  form. 

852.  Certificate  to  transcript  on  appeal. 

853.  Certificate  to  judgment-roil. 

854.  Certificate  of  service  of  jurors. 

855.  Certificate  on  motion  to  dismiss  appeal. 

856.  Certificate  of  county  clerk  that  person  issuing  writ  of  attachment  Is 

a  justice  of  the  peace. 

857.  Certificate  to  papers  on  transfer  from  justice's  court  to  higher  court. 

CROSS-REFERENCES. 

Certificate  as  to  Amendment  of  Articles — Washington,  No.  1327. 
Certificate  as  to  Copy  of  Docket  Entry — Justice's  Court.  No.  1591. 
Certificate  as  to  Official  Character  of  Magistrate,  No.  466. 
Certificate  of  Agreement  of  Association' — Washington,  No.  1325. 
Certificate  of  Conviction — Justice's  Court — Washington,  No.  2233. 
Certificate  of  Change  of  Individual  Doing  Business  Under  a  Fictitious  Name, 

No.  1880. 
Certificate  of  Copartnership,  No.  2S83a. 
Certificate  of  Copartnership  Transacting  Business  Under  Fictitious  Name, 

No.  1882. 
Certificate  of  County  Clerk  That  Person  Issuing  Writ  of  Attachment  is  a 

.Justice  of  the  Peace,  No.  856. 
Certificate  of  Discharge  of  Mortgage  or  Deed  of  Trust  Eelease  (Statutory) 

— Wyoming,  No.  3262. 


321  Certificates.  Form  841 

Certificate  of  Identity  of  Claim,  No.  2627. 

Certificate  of  Inheritance  Tax  Appraiser,  No.  2132. 

Certificate  of  Legal  Organization — Washington,  No.  1326. 

Certificate  of  Levy  of  Attachment — Colorado,  No.  592. 

Certificate  of  Levy  of  Execution — Colorado,  No.  1678. 

Certificate  of  Officer's  Authority,  No.  241. 

Certificate  of  Person  Transacting  Business  Under  Fictitious  Name,  No.  1881 

Certificate  of  Proof  of  Will,  No.  3968. 

Certificate  of  Proof  of  Will  and  of  Facts  Found — Another  Form,  No.  3969. 

Certificate  of  Proof  of  Lost  Will,  No.  3970. 

Certificate  of  Posting  Notice  of  Application  for  Mining  Patent,  No.  2642. 

Certificate  of  Qualification  of  Attorney  After  Examination,  No.  246. 

Certificate  of  Redemption,  Nos.  1712,  1961. 

Certificate  of  Eejection  of  Will,  No.  3971. 

Certificate  of  Residence  of  Partnership,  No.  2885. 

Certificate  of  Sale  of  Corporate  Stock  Ordered  by  Court  to  be  Sold,  No. 
1710. 

Certificate  of  Sale  of  Personal  Property  on  Execution,  No.  1708. 

Certificate  of  Sale  of  Real  Property  on  Execution,  No.  1707. 

Certificate  of  Sale  on  Foreclosure  by  Commissioner  or  Sheriff,  No.  1960. 

Certificate  of  Secretary  on  Application  for  Dissolution,  No.  1334. 

Certificate  of  Service  of  Jurors,  No.  854. 

Certificate  of  Service  of  Subpoena  in  Civil  Proceeding,  No.  3449. 

Certificate  of  Service  of  Subpoena  in  Criminal  Action,  No.  3450. 

Certificate  on  Motion  to  Dismiss  Appeal,  No.  855. 

Certificate  That  Copy  of  Judgment  is  Correct,  No.  2227. 

Certificate  to  be  Attached  to  Summons  to  be  Served  Out  of  the  County- 
Justice's  Court,  No.  3553. 

Certificate  to  Copy  of  Judgment,  No.  2223. 

Certificate  to  Copy  of  Judgment,  and  as  to  Papers  Constituting  Judgment- 
roll,  No.  2224. 

Certificate  to  Copy  of  Judgment  of  Imprisonment — Justice's  Court,  No.  2229. 

Certificate  to  Copy  of  Maritime  Protest,  No.  3159. 

Certificate  to  Papers  on  Transfer  from  Justice's  Court  to  Higher  Court,  No. 
857. 

No.  841.    Certificate  of  Authority  of  Notary  or  Other  Officer. 

State  of , 

County  of ,  ss. 

I,  ,  a  county  clerk  of  the  county  of ,  state  of ,  and  clerk 

of  the  court  of  said county  (which  is  a  court  of  record),  do 

hereby  certify  that  ,  whose  name  is  subscribed  to  the  annexed  in- 
strument, was,  at  the  date  of  the  same,  and  is  now,   a  in  and 

for  said  county,  duly  commissioned  and  qualified,  and  authorized 

by  law  to  administer  oaths  and  take  acknowledgments  of  instruments, 
and  full  faith  and  credit  are  due  to  all  his  official  acts  as  such.  And 
I  do  further  certify  that  I  am  acquainted  with  his  handwriting,  and 
believe  that  the  signature  attached  to  the  annexed  instrument  is  his 
proper  signature  and  is  genuine. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal 
of  the  said count  this day  of ,  191—. 

[Seal]  ,  County  Clerk. 

NOTE.— See  Cal.  Civ.  Code,  sec.  1194. 
Form  Book — 21 


Forms  812-844  Cowdery's  Form  Book.  322 

No.  842.    Certificate  of  Clerk  to  Copy  of  Minute  Order. 

Office  of  the  County  Clerk, 

Of  the  City  and  County  of  San  Francisco,— ss. 

I,  W.  A.  S.,  county  clerk  of  the  city  and  county  of  San  Francisco, 
and  ex-officio  clerk  of  the  superior  court  thereof,  do  hereby  certify 
the  foregoing  to  be  a  full,  true,  and  correct  copy  of  the  order  appoint- 
ing J.  R.  administrator,  with  will  annexed,  of  the  estate  of  J.  D.,  de- 
ceased, duly  made  and  entered  upon  the  minutes  of  the  said  court,  and 
that  I  have  compared  the  same  with  the  original;  that  it  is  a  correct 
transcript  therefrom,  and  of  the  whole  thereof. 

Dated , 

[Seal]  [Signature.] 

No.  843.    Certificate  of  Clerk  to  Copy  of  Paper  on  File. 

Office  of  the  County  Clerk  of  the  County  of ,  ss. 

I, ,  county  clerk  of  the  county  of ,  in  the  state  of ,  and 

ex-officio  clerk  of  the court  of  the  said  county  and  state  afore- 
said, liereby  certify  that  I  have  compared  the  foregoing  copy  with  the 
original  complaint  in  the  above-entitled  action,  filed  in  my  office  on  the 

day  of ,  191—,  and  that  the  same  is  a  full,  true,  and  correct 

copy  of  such  original,  with  the  indorsements  thereon,  and  of  the  whole 
thereof,  and  now  on  file  in  this  office. 

Witness  my  hand  and  the  seal  of  said  court  this  day  of  f 

19—. 

[Seal]  >  Clerk. 

By  ,  Deputy  Clerk. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1905,  1919-1922,  1924. 

No.  844.    Certificate  of  Authentication  by  Clerk  of  Court. 

State  of , 

County  of  ,  ss. 

I,  clerk  of  the  court  in  and  for  ,  the  same  being  a  court 

of  record  of  said  ,  and  having  by  law  a  seal,  do  hereby  certify 

that  the  Honorable ,  whose  name  is  attached  to  the  annexed  affidavit, 

was,  at  the  time  of  the  taking  of  said  affidavit,  a  member  of  the  said 

court,  which  court  then   and  there  existed;   and  that  I  am  well 

acquainted  with  his  handwriting,  and  verily  believe  that  the  signature 
to  the  annexed  affidavit  is  his  genuine  signature. 

In  witness  whereof  [etc.]. 

j^Seal]  [Official  signatui-e.] 


323  Certificates.  Forms  845-847 

No.  845.    Certificate  to  Copy  of  Decree. 

State  of , 

County  of  ,  ss. 

I, ,  county  clerk  of  the  county  of ,  state  of ,  and  ex-officio 

clerk  of  the  court  of  said  county,  hereby  certify  the  fore<?oing 

to  be  a  full,  true,  and  correct  copy  of  the  original  decree  in  the  above- 
entitled  cause,  filed  in  my  office  on  the  day  of  ,  191 — ,  and 

that  the  same  was  entered  of  record  on  the day  of ,  191 — ,  in 

judgment-book  ,  page  . 

"Witness  my  hand  and  the  seal  of  said  court  this  day  of 

,  19^. 

[Seal]  ,  Clerk 

By  ,  Deputy  Clerk. 

NOTE.— Cal.  Code  CiT.  Proc,  sees.  1905,  1919,  1922,  1924. 

No.  846.    Certificate  to  Signature  and  Form  of  Instrument. 

State  of , 

County  of  ,  ss. 

I,  ,  county  clerk  of  the  county  of  ,  state  of  ,  hereby 

certify   that   ,   before   whom   the    annexed   instrument   was   made, 

executed,    and    acknowledged,    and   who    has    thereunto    subscribed    his 

name,  was  at  the  time  of  so  doing  a in  and  for  the  said county, 

duly  commissioned  and  sworn;  that  I  am  acquainted  with  his  hand- 
writing, and  believe  that  his  signature  to  the  said  annexed  instrument 
is  genuine.  I  further  certify  that  the  said  instrument,  a  deed,  was 
made,  executed,  and  acknowledged  in  accordance  with  the  laws  of  the 
state  of . 

In  witness  whereof  I  have  hereunto  set  my  hand  and  afifixed  the 
seal  of  the court  of  said county  this day  of ,  19—. 

[Seal]  ,  Clerk. 

No.  847.    Certificate  of  Residence  of  Partnersliip, 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

A.  B.,  C.  D.  and  E.  F.,  being  sworn,  say:  That  they  are  partners, 
doing  business  in  several  cities  and  counties  in  said  state,  under  the 
firm  name  of  "A.  B.,  C.  D.  &  Co."  That  the  place  of  residence  of  said 
firm  is  the  city  and  county  of  San  Francisco,  state  of  California,  and 
is  the  place  where  service  of  summons  may  be  made  upon  said  firm. 

NOTE.— California,  Cod©  Civ.  Proc,  sec.  1163. 


Forms  848-851  Cowdery's  Form  Book.  324 

No.  848.     Certificate  of  Election. 

United  States  of  Americx 
State  of  California, 
County  of  Butte, — ss. 

I,  W.  A.  S.,  county  clerk,  in  and  for  the  city  and  county  of  San 
Francisco,  in  the  state  of  California,  do  hereby  certify  that  at  a  general 
election,  held  in  and  for  said  city  and  county  of  San  Francisco,  on  the 
seventh  day  of  September,  one  thousand  nine  hundred  and  seventeen, 
P.  J.  W.  was  duly  elected  to  the  office  of  sheriff  in  and  for  said  county, 
as  appears  by  the  official  returns  of  said  election,  and  the  statement 
of  voles  cast,  now  on  file  in  my  office. 

Dated  .  [Signature.] 

No.  849.    Certificate  to  Signature. 
State  of  California, 
County  of  San  Mateo, — ss. 

I,  H.  W.^  county  clerk  of  the  county  of  San  Mateo,  state  of  Califor- 
nia, hereby  certify  that  G.  W.  F.,  before  whom  the  annexed  instrument 
was  made,  acknowledged,  and  executed,  and  who  has  hereunto  sub- 
scribed his  name,  was  at  the  time  of  so  doing  a  notary  public  in  and 
for  the  said  San  Mateo  county,  duly  commissioned  and  sworn,  and  that 
his  signature  thereto  is  genuine.  I  further  certify  that  the  said  instru- 
ment, a  deed,  is  made,  acknowledged,  and  executed  in  accordance  with 
the  laws  of  the  state  of  California. 

Dated  .  [Signature.] 

No.  850.    Certificate  of  Marriage. 

This  certifies  that  the  rite  of  holy  matrimony  was  celebrated  be- 
tween J.  W.  Y.,  of  Sacramento,  state  of  California,  and  M.  M.  S., 
of  Redwood  City,  county  of  San  Mateo,  on  the  twenty-fifth  day  of 
December,  one  thousand  nine  hundred  and  seventeen,  at  the  city  and 
county  of  San  Francisco,  by  me,  J.  C.  P.,  justice  of  the  peace  of  said 
city  and  county. 

Dated  .  [Signature.] 

No.  851.     Certificate  of  Marriage — Another  Form. 

This  certifies  that  on  the  twenty-fifth  day  of  January,  in  the  j^ear 
of  our  Lord,  1917,  J.  Y.  and  L.  A.  were  by  me  united  in  marriage,  at 
Unitarian  Church,  San  Francisco,  according  to  the  laws  of  the  state  of 
California. 

[Signature.] 


325  Certificates.  Forms  852-855 

No.  852.    Certificate  to  Transcript  on  Appeal. 
[Title  of  Court  and  Estate.] 

I,  W.  A.  S.,  county  clerk  of  the  city  and  county  of  San  Francisco, 
state  of  California,  and  ex-ofificio  clerk  of  the  superior  court,  in  and 
for  the  said  city  and  county,  hereby  certify  that  I  have  compared  the 
foregoing  transcript  with  the  original  papers  in  the  above-entitled 
action,  now  on  file  in  my  office,  and  with  all  orders  therein  made  and 
entered  on  the  minutes  of  said  court,  and  that  the  said  transcript  is 
correct. 

I  further  certify,  that  a  sufficient  undertaking  on  appeal,  in  due  form 
of  law,  was,  on  the  tenth  day  of  May,  1917,  properly  filed  in  said  cause. 

In  witness  whereof  [etc.]. 

[Seal]  [Signature.] 

No.  853.    Certificate  to  Judgment-roll. 
[Title  of  Court  and  Cause.] 

I,  the  undersigned,  county  clerk  of  the  county  of  San  Mateo,  state  of 
California,  and  ex-officio  clerk  of  the  superior  court  of  said  county, 
do  hereby  certify  the  foregoing  to  be  a  full,  true,  and  correct  copy  of 
the  judgment  entered  in  the  above-entitled  action,  and  recorded  in 
Judgment  Book  C,  of  said  court,  at  page  174.  And  I  further  certify 
that  the  foregoing  papers,  hereto  annexed,  constitute  the  judgment-roll 
in  said  action. 

[Dated] 

[Seal]  [Signature.] 

No.  854.    Certificate  of  Service  of  Jurors. 

In  the  Superior  Court  of  the  County  of  San  Luis  Obispo,   State  of 

California. 
I  hereby  certify  that  J.  H.  H.  was  summoned  and  served  as  a  grand 
juror  of  said   superior  court   during  the  month   of  August,   1917,   and 
that  there  is  due  him  for  such  services  for 

Mileage    $  n.OO 

Per  diem   24.00 

Total  $30.00 

Dated  .  [Signature.] 

NOTE.— California,  Pol.  Code,  sees.  4344-4346. 

No.  855.     Certificate  on  Motion  to  Dismiss  Appeal. 

I,  William  Harney,  county  clerk  of  the  city  and  county  of  San  Fran- 
cisco, and  ex-ofificio  clerk  of  the  superior  court  in  and  for  said  city  and 
county,  do  hereby  certify  as  follows,  viz. :  That  judgment  of  dismissal 
was  rendered  and  entered  in  this  action  in  favor  of  defendants,  together 
with  defendants'  costs  and  disbursements  incurred  in  said  cause,  amount- 


Forms  S56, 857  Cowdery's  Form  Book.  32G 

ing  to  the  sum  of  nineteen  dollars  and  seventy-five  cents,  on  the  28th 
day  of  July,  A.  D.  1870.  That  on  the  19th  day  of  January,  A.  D.  1871, 
plaintiffs  filed  a  notice  of  appeal  in  said  cause,  wherein  they  appealed 
to  the  supreme  court  of  the  state  of  California,  from  the  said  judgment 
therein  made  and  entered  on  the  28th  day  of  July,  A.  D.  1870,  in  favor 
of  defendants  and  against  plaintiffs,  and  from  the  whole  thereof,  and 
that  said  notice  of  appeal  was  served  upon  the  respondent  on  the  19th 
day  of  January,  1871,  as  appears  from  the  indorsement  thereon  in  the 
following  vrords  and  figures:  "Service  of  within  made  on  plaintiff  this 
19th  January,  1871.  Pringle  &  Pringle,  attorneys  for  plaintiff."  That 
an  undertaking  on  appeal,  in  due  form  of  law,  was  filed  in  said  cause 
on  the  19th  day  of  January,  A.  D.  1871.  That  no  statement  on  appeal 
has  been  filed  in  said  cause.  That  the  appellants  have  not  requested 
the  clerk  of  said  court  to  make  or  to  certify  to,  a  correct  transcript  of 
the  record  in  said  cause. 

In  witness  whereof  [etc.].  [Signature.] 

NOTE. — Precedent  in  Gross  v.  Cassin,  43  Cal.  27.  In  this  case  the  court 
said:  "Many  of  the  certificates  presented  to  tbis  court  are  radically  de- 
fective, and  the  above  certificate  is  inserted  in  order  to  give  the  clerk  and 
counsel  a  convenient  and  accurate  form." 

No.  856.     Certificate  of   County  Clerk  That  Person  Issuing  Writ  of 
Attachment  is  a  Justice  of  the  Peace. 

[Title  of  Court  and  Cause.] 

State  of  California, 
County  of  Butte, — ss. 

I  hereby  certify  that  on  the  3d  day  of  June,  A.  D.  1917,  A.  B.  C, 
whose  name  is  signed  to  the  writ  of  attaeliment  to  which  this  instru- 
ment is  attached,  was  an  acting  justice  of  the  peace  of  the  county  of 
Butte,  state  of  California. 

[Signature.] 

NOTE. — California,  Code  Civ,  Proc,  sec.  868. 

No.  857.    Certificate  to  Papers  on  Transfer  from  Justice's  Court  to 

Higher  Court. 
[Title  of  Court  and  Cause.] 
To  the  County  Clerk  of  the  County  of  Nevada,  State  of  California: 

I  hereby  certify  that  the  accompanying  papers  in  the  above-entitled 
action  constitute  the  pleadings  and  other  papers  therein,  to  wit:  The 
complaint  and  indorsements  thereon;  the  summons  and  return  of  ser- 
vice indorsed  thereon;  the  defendant's  demurrer  to  the  complaint;  the 
defendant's  answer  to  said  complaint.  Transferred  from  this  court 
because  the  title  to  real  property  is  involved. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  838. 


327  Certiorari.  Form  858 


CERTIORARI. 

858.  Application  for  writ  of  certiorari. 

859.  Order  for  writ  of  certiorari  to  issue. 

860.  Writ  of  certiorari. 

No.  858.    Application  for  Writ  of  Certiorari. 

In  the  Supreme  Court  of  the  State  of  California. 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

A.  B.  C,  having  first  been  duly  sworn,  deposes  and  says: 

1.  That  heretofore,  to  wit,  on  September  18,  1915,  a  complaint  was 
made  and  filed  in  and  with  the  clerk  of  the  police  court  of  the  city 
and  county  of  San  Francisco,  state  of  California,  and  in  Department 
No.  4  thereof,  in  which  D.  E.  F.  then  presided  and  still  presides  as 
the  judge  thereof,  of  which  complaint  the  following  is  a  copy : 

[Title  of  Court  and  Cause.] 

[Then  set  out  in  full  the  complaint,  or  other  proceeding,  part  or  all 
of  the  subject,  etc.,  to  be  reviewed,  including  verification,  if  any,  in- 
dorsements and  record  marks.] 

That  under  and  on  said  complaint  process  was  duly  issued,  and  de- 
ponent (who  is  the  A.  B.  C.  in  said  complaint  named)  arrested  and 
brought  before  said  court  and  department,  and  the  matter  of  said 
complaint  against  him  set  for  trial  therein.  On  the  20th  day  of  Novem- 
ber, 1915,  the  said  matter  of  said  complaint  came  on  for  trial  in  said 
court  and  department  and  before  said  D.  E.  F.,  as  the  judge  thereof, 
and  deponoDt  having  challenged  the  sufficiency  of  said  complaint  as  not 
showing  that  any  public  offense  had  been  by  him  committed,  and  that 
challenge  having  been  by  said  court  and  judge  thereof  then  and  there 
denied  (and  it  was  so  denied),  pleaded  not  guilty  to  the  charge  in  said 
complaint  made.  Thereupon  the  trial  of  deponent  upon  said  charge  in 
said  complaint  made  was  had  in  said  court  and  before  said  judge  thereof 
(a  jury  trial  having  been  waived),  and,  after  hearing  the  evidence  intro- 
duced (and  evidence  was  so  introduced)  against  and  by  deponent,  the 
said  court  and  judge  thereof  found  and  adjudged  deponent  guilty  of 
said  charge,  and  after  denying  deponent's  motion  in  arrest  of  judgment 
then  and  there  by  him  made,  namely,  on  November  23,  1915,  sentenced 
him  to  pay  a  fine  of  one  hundred  dollars,  or,  in  lien  of  said  payment, 
to  be  impriscuAd  in  the  county  jail  of  said  city  and  county  for  a  period 
of  fifty  days,  unless  said  fine  was  sooner  paid.  Said  finding  and  sen- 
tence was  thereupon  duly  entered  in  said  police  court  as  the  judgment 
thereof  in  the  said  matter  of  said  complaint  against  this  deponent. 

2.  Thereafter,  to  wit,  on  November  24,  1915,  deponent  served  upon 
the  district  attorney  of  said  city  and  county,  and  filed  with  the  clerk 
of  said  police  court  and  department  thereof,  his,  deponent's,  notice  of 
appeal  to  the  superior  court  of  said  city  and  county  of  San  Francisco 


Form  858  Cowdery's  Form  Book.  328 

from  and  to  the  effect  that  he  did  appeal  to  said  superior  court  from 
said  judgment  of  said  police  court  and  from  the  Avhole  thci'oof.  That 
thereafter,  to  wit,  on  November  25,  1915,  the  deponent  prepared  and 
the  said  judge  of  said  police  court  settled  and  allowed  and  filed  with 
the  clerk  of  said  police  court,  the  statement  of  said  case  against  de- 
ponent in  said  police  court  required,  and  as  required  by  law,  and  of 
which  said  statement  the  follov/ing  is  a  copy: 

[Title  of  Court  and  Cause.] 

[Then  set  out  the  statement  of  the  ease  above  referred  to,  and  ordi- 
nance, statute,  order,  etc.,  to  which  objection  is  made.] 

Immediately  upon  conviction  defendant  made  a  motion  for  a  new 
trial  upon  the  grounds,  first,  that  the  verdict  of  the  court  (a  jury  trial 
having  been  waived)  is  contrary  to  the  evidence;  and  also  upon  the 
ground,  second,  that  the  verdict  is  contrary  to  law.  Motion  denied. 
Exception  taken. 

On  November  24th,  defendant  was,  upon  said  conviction  sentenced 
to  pay  a  fine  of  $100,  and  to  be  imprisoned  in  the  countj'  jail  for  a 
period  of  fifty  days,  unless  said  fine  was  soon^^r  paid.  The  evidcn.-^e 
established  the  facts  to  be  as  follows : 

[Set  out  the  facts  in  full,  and  omit  all  evidence  upon  which  the 
facts  depend.] 

(Sig-ncd)     A.  L., 
Attorney  for  Defendant. 

[Then  insert  the  judge's  certificate  settling  the  statement.] 

That  all  of  said  matters  so  contained  in  said  statement  of  the  case 
are  true,  and  are  herein  repeated  and  affirmed,  and  prayed  to  be  taken 
and  considered  as  herein  newly  and  independently  pleaded  as  part  of 
this  deponent's  application  for  a  writ  of  review. 

3.  That  thereupon  the  said  appeal  of  deponent  to  said  superior  court 
from  said  judgment  of  said  police  court  was  duly  perfected  as  by  law 
required,  and  the  record  thereof  on  such  appeal  by  law  provided  sent  to 
and  filed  in  said  superior  court. 

4.  Thereafter  the  said  appeal  and  the  matter  thereof  was  presented 
and  heard  in  and  by  said  superior  court,  and  before  three  judges  thereof 
sitting  in  bank,  this  deponent  (there  the  appellant)  challenging  vari- 
ously and  fully  the  validity  of  said  ordinance  upon  which  said  com- 
plaint in  said  police  court  was  based,  and  asking  that  said  judgment  of 
said  police  court  be  reversed  and  said  complaint  against  deponent  dis- 
missed. Nevertheless  the  said  superior  court,  so  sitting  in  bank  as 
aforesaid,  thereafter,  to  wit,  on  December  21,  1915,  rendered  its  judg- 
ment on  said  appeal,  affirming,  and  whereby  it  affirmed,  said  judgment 
of  said  police  court. 

5.  That  thereupon  a  copy  of  the  order  of  said  superior  court  aflirm- 
ing  said  judgment  of  said  police  court  was  remitted  to  said  police  court 
and  filed  with  the  clerk  thereof,  and  tliereafter,  to  Avit,  on  December 
23,  1915,  said  police  court  and  said  D.  E.  F.,  as  the  judge  thereof,  made 


329  Certiorari.  Form  853 

and  entered  an  order  therein  in  the  matter  of  the  said  complaint  against 
this  deponent  that  said  judgment  of  said  police  court  of  November  24, 
1915,  having  been  by  said  superior  court  affirmed  on  appeal  to  it,  be 
carried  into  effect,  and  that  deponent  pay  said  fine  of  one  hundred  dol- 
lars, or  be  imprisoned  in  said  county  jail  for  a  period  of  fifty  days, 
unless  said  fine  had  been  sooner  paid. 

Said  judgment  now  exists  as  above  stated,  not  reversed,  vacated  nor 
set  fiside,  and  said  fine  has  not  been  paid  nor  said  term  of  imprisonment 
yet  eniorced. 

Said  superior  court,  in  rendering  its  decision  on  said  appeal  made  to 
it  as  aforesaid,  suggested  and  recommended  that  the  questions  of  law 
tlierein  and  here  involved  and  raised  be  presented  to  and  passed  upon 
by  this  court  under  a  writ  of  review,  as  is  hercina.ter  prayed. 

And  deponent  now  says  and  represents  to  this  court  that  said  police 
court  and  said  D.  E.  F.,  as  the  judge  thereof,  has,  in  rend<^ring  and 
entering  said  judgment  against  deponent,  acted  without  and  in  excess 
of  the  jurisdiction  of  said  court  and  judge,  in  that  the  matters  stated 
in  and  charged  by  said  complaint  to  have  been  committed  by  this  de- 
ponent were  not,  and  do  not,  constitute  a  public  or  criminal  or  other 
offense — the  ordinance  of  the  board  of  supervisors  of  said  San  Fran- 
cisco, purporting  to  make  the  [state  the  act  constituting  the  crime] 
in  said  San  Francisco  such  an  offense,  and  under  the  provisions  of  which 
said  complaint  was  made,  and  said  judgment  given  being  invalid  and 
beyond  the  power  of  said  board  of  supervisors  to  enact,  especially  in 
this: 

a.  The  power  and  jurisdiction  in  said  ordinance  attempted  to  be  exer- 
cised has  not  been,  by  constitution  or  statute,  granted  to  said  board  of 
supervisors,  nor  is  it  inherent  in  said  board  as  a  municipal  corporation 
or  otherwise. 

b.  Said  ordinance  is  in  conflict  with  the  general  laws  of  this  state. 

c.  Said  ordinance  is  unreasonable,  in  that  it  would  operate  an  un- 
necessary restriction  upon  the  [here  state  fully  and  separately  how  the 
lavv  would  operate  to  injure  the  person  or  property  of  tlie  petitioner, 
and  conclude  as  follows:] 

Deponent  further  says  that  he  has  exhausted  his  right  of  appeal  from 
said  judgment  of  said  police  court,  and  judge  thereof,  without  redress, 
as  liereinbefore  stated;  and  that  said  judgment  and  sentence  thereunder 
will  be  carried  into  effect  and  deponent  fined  or  imprisoned  as  said 
judgment  requires,  unless  said  judgment  and  proceedings  leading 
thereto  be  reviewed  by  this  court. 

Deponent  applies  to  this  court  in  tlie  first  instance  for  such  review, 
because  the  superior  court  of  said  city  and  county  of  San  Francisco  lias, 
while  sitting  in  bank  on  the  said  appeal  as  aforesaid,  passed  upon  all 
the  questions  of  law  involved  in  the  review  here  soueht,  adversely  to 
deponent,  and  an  application  in  the  first  instance  to  said  superior  court 
lor  a  writ  of  review  of  said  judgment  and  proceedings  oC  said  police 
court  and  judge  thereof  would  be  an  idle  and  useless  proceeding. 


Forms  859, 860  Cowdery's  Form  Book.  330 

Deponent  therefore  prays  that  said  D.  E.  F.,  as  the  judge  of  said 
police  court  and  department  thereof,  be  by  the  court  required  to  certify 
to  this  court  at  a  specified  time  and  place  a  full  transcript  of  the  record 
and  proceedings  leading  up  to  and  including  said  judgment,  and  sen- 
tence thereunder  for  review  herein,  and  that  thereupon  the  court  review 
and  annul  the  same.  Also  that  the  said  sentence  and  proceedings 
thereunder  be  in  the  meantime  stayed. 

[Verification.] 

NOTE.— California,  Code  Civ.  Proc,  sees.   1067-1077. 

No.  859.     Order  for  Writ  of  Certiorari  to  Issue. 
[Title  of  Court  and  Cause.] 

On  reading  and  filing  herein  the  affidavit  and  application  of  A.  B.  C. 
for  a  writ  of  review  to  be  issued  by  this  court  to  D.  E.  F.,  as  judge  of 
the  police  court  of  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, requiring  him  to  certify  to  this  court  a  transcript  of  the  record 
and  proceedings  in  the  matter  of  the  "People  etc.  vs.  A.  B.  C,"  in  said 
affidavit  mentioned,  on  the  ground  therein  stated  that  in  said  proceed- 
ings against  said  A.  B.  C.  the  said  police  court  and  judge  thereof  acted 
without  and  in  excess  of  their  jurisdiction,  it  appearing  from  said  aifi- 
davit  that  the  writ  therein  prayed  for  should  be  issued; 

It  is  ordered  that  a  writ  issue  out  of  and  under  the  seal  of  this 
court  addressed  to  D.  E.  F.,  as  judge  of  tlie  police  court  of  the  city  and 
county  of  San  Francisco,  state  of  California,  commanding  him  to  certify 
and  return  to  this  court  at  its  session  in  said  city  and  county  of  San 
Francisco  on  the  3d  day  of  June,  1917,  at  10  o'clock  A.  M.,  a  full  and 
complete  transcript  of  the  record,  judgment  and  proceedings  in  that 
certain  matter  pending  in  said  police  court,  entitled  "People  of  the 
State  of  California  vs.  G.  R.  F.,"  to  the  intent  that  the  same  be  re- 
viewed by  this  court  as  to  said  claim  of  said  petitioner  that  said  pro- 
ceedings and  judgment  in  said  matter  was  without  or  in  excess  of  the 
jurisdiction  of  said  police  court  and  of  said  judge  thereof. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1067-1077. 

No.  860.     Writ  of  Certioraji. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  J.  C.  P.,  Justice  of  the  Peace 
in  and  for  said  City  and  County: 
Whereas,  it  manifestly  appears  to  us  by  the  affidavit  of  J.  P.,  the 
party  beneficially  interested,  that  in  a  certain  action  pending  before 
you,  against  J.  H.  and  J.  P.,  at  the  suit  of  said  J.  P.  aaainst  H.  and  P., 
you,  exercising  judicial  functions,  have  exceeded  your  jurisdiction,  and 
that  there  is  no  appeal  nor  any  other  plain,  speedy,  and  adequate 
remedy;  and  being  therefore  willing  to  be  certified  of  the  said  action 
or  proceedings: 


331  Change  of  Name.  Form  860a 

We  therefore  command  you,  that  you  certifj'^  ^ully  and  send  to  our 
superior  court  of  the  city  and  county  of  San  Francisco,  Department 
No.  1,  at  the  courtroom  thereof,  in  the  city  and  county  of  San  Fran- 
cisco, on  the  tenth  day  of  November,  1916,  a  transcript  of  the  record 
and  proceeding  in  the  action  aforesaid,  to  wit:  [The  complaint,  sum- 
mons, demurrer  of  defendant  to  the  complaint,  the  order  overruling  the 
said  demurrer,  and  the  judgment  of  the  court.]  With  all  things  touch- 
ing the  same  as  fully  and  entirely  as  it  remains  before  you,  by  what- 
soever names  the  parties  may  be  called  therein,  that  the  same  may  be 
reviewed  by  our  said  superior  court,  and  in  the  meantime  we  command 
and  require  the  said  J.  C.  P.,  justice  of  tlie  peace,  and  his  court,  to 
desist  from  further  proceedings  in  the  matter  so  to  be  reviewed. 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  1374  et  seq.;  Arizona,  Eev.  Stats. 
(Civ.  Code  1913),  sec.  1495;  California,  Code  Civ.  Proc,  sees.  1070,  1071; 
Coloi-ado,  Mill's  Ann.  Code  1912,  soe.  300;  Hawaii,  Eev.  Code  1915,  see.  2698; 
Idaho,  Eev.  Codes  1907,  sec.  4305;  Montana,  Eev.  Codes  1907,  sec.  7502; 
Nevada,  Eev.  Laws  1912,  sec.  56S7  et  seq.;  North  Dakota,  Comp.  Laws 
1913,  sec.  8447;  Oregon,  Lord's  Oregon  Laws,  sec.  607  et  seq.;  South 
Dalcota.  Comp.  Laws  1913,  sec.  5507  et  seq.;  Utah,  Comp.  Laws  1907,  sec. 
3633;  Washington,  Eem.  Code,  sec.  1003  et  seq. 


CHANGE  OF  NAME. 

See  Corporations. 
860a.    Order  to  show  cause  on  application  for  change  of  name. 

No.  860a.     Order  to  Show  Cause  on  Application  for  Change  of  Name. 
In  the  Superior  Court  of  the  State  of  Califoraia,  in  and  for  the  City 

and  County  of  San  Francisco. — Dept.  No.  10. 
In  the  Matter  of  the  Application  for  Change  of  Name  of  •. 

Whereas,   has   filed   his   petition   with   the   clerk   of  this   court 

for  iDermission  to  change  his  name  from  to  ,  and 

Now,  therefore,  it  is  hereby  ordered  that  all  persons  interested  in  the 
matter  aforesaid  appear  at  Department  No.  10  of  the  said  superior 
court,  at  the  City  Hall,  San  Francisco,  California,  on  the  third  day  of 
July,  1917,  at  the  hour  of  10  o'clock  A.  M.  of  said  day,  and  then  and 
there  to  show  cause,  if  any  they  may  have,  why  said  application  should 
not  be  granted. 

It  is  further  ordered  that  a  copy  of  this  order  to  show  cause  be  pub- 
lished in  "The  Recorder,"  newspaper  of  general  circulation,  published 
in  the  city  and  county  of  San  Francisco  for  four  successive  weeks  next 
preceding  the  date  set  for  the  hearing  thereof. 

Dated, ,  19—. 

■ ,  Judge  of  the  Superior  Court. 


Forms  861, 862  Cowdery  's  Form  Book.  332 


CHANGE  OF  PLACE  OF  TRIAL. 

861.  Notice  of  motion  for  change  of  place  of  trial. 

862.  Motion  for  change  of  place  of  trial. 

863.  Demand  for  change  of  place  of  trial. 

864.  Affidavit  of  residence  and  of  merits  for  change  of  place  of  trial. 

865.  Affidavit  for  change  of  venue. 

866.  Affidavit  of  merits  on  motion  for  change  of  venue. 
866a.  Stipulation  transferring  C8.se. 

8661).  Affidavit  for  change  of  place  of  trial  on  account  of  bias  or  prejudice 
of  citizens — Justice's  court. 

866c.  Affidavit  for  change  of  place  of  trial  because  of  justice  being  a  wit- 
ness— Justice's  court. 

866d.  Affidavit  for  change  of  place  of  trial  on  ground  of  interest,  prejudice 
or  bias — Justice's  court. 

866e.  Order  transferring  proceedings  on  account  of  disqualification  of  judge. 

866f.  Petition  for  retransfer  of  proceedings. 

866g.  Order  transferring  proceedings  back  to  original  court. 

866h.  Order  transferring  cause— Justice's  court. 

866i.    Notice  of  transfer,  and  of  time  and  place  of  trial. 

No.  861.    Notice  of  Motion  for  Change  of  Place  of  TriaL 

[Title  of  Court  and  Cause.] 

To  ,  as  executrix  of  the  last  will  and  testament  of  ,  deceased, 

plaintiff,   in   the   above-entitled  action,   and   to ,   attorney   for 

plaintiff : 

You  will  please  take  notice,  that  the  defendant,  ,  will  move  the 

above-entitled  court  at  the  courtroom  thereof  in  the  county  courthouse  of 

the  county  of  Santa  Clara,  state  of  California,  on  the day  of , 

19—,  at  the  hour  of o'clock,  —  M.,  of  said  day,  or  as  soon  there- 
after as  counsel  can  be  heard,  for  an  order  changing  the  place  of 
trial  of  the  above-entitled  action  to  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  to  be  tried  in  the  superior  court  of  the  state 
of  California,  in  and  for  said  city  and  county. 

Said  motion  will  be  made  upon  affidavits,  which  are  herewith  served 
upon  you,  and  upon  the  demand  for  change  of  place  of  trial  served 
herewith,  and  upon  the  papers  and  files  in  the  cause,  and  this  notice, 
upon  the  following  grounds: 

That  the  defendant  is  a  nonresident  of  the  county  of  Santa  Cruz, 
state  of  California,  and  that  the  defendant  has  demanded  that  the  place 
of  trial  of  said  action  be  changed  to  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  the  place  of  residence  of  said  defendant. 

Dated  ,  19—. 

,  Attorney  for  Defendant. 

No.  862.    Motion  for  Change  of  Place  of  Trial. 

[Title  of  Court  and  Cause.] 

Now  comes  the  defendant  in  the  above-entitled  action,  and  moves 
the  court  that  an  order  be  made  changing  the  place  of  trial  of  tlie  above- 
entitled  action  from  the  county  of  Santa  Cruz,  state  of  California,  to 


333  Change  of  Place  of  Trial.         Form;i  863, 864 

the  city  and  county  of  San  Francisco,  state  of  California,  for  the  follow- 
ing reasons,  and  upon  the  following  grounds,  to  wit: 

That  defendant,  ,  does  not  reside  in  the  county  of  Santa  Cruz, 

state  of  California,  and  at  the  time  of  the  commencement  of  this  action 
was,  and  ever  since  has  been,  and  now  is,  a  resident  of  the  city  and 
county  of  San  Francisco,  state  of  California; 

That  said  defendant  has  filed  herein  with  this  motion  an  affidavit 
of  merits,  and  has  demanded  that  this  action  be  transferred  for  trial 
to  the  city  and  county  of  San  Fi'ancisco,  state  of  California,  and  also 
has  filed  herein  an  affidavit  showing  the  residence  of  said  defendant 
as  above  set  forth,  and  has  served  upon  the  opposing  counsel  notice  of 
this  motion,  which  said  notice  sets  forth  that  this  motion  will  be  called 

for  hearing  on  the day  of  ^  19 — ,  at  the  hour  of o'clock, 

—  M.  of  said  day. 

Dated  ,  19—. 

,  Attorney  for  Defendant. 

No.  863.    Demand  for  Change  of  Place  of  Trial. 

[Title  of  Court  and  Cause.] 

To  the  Superior  Court  of  the  State  of  California,  in  and  for  the  county 
of  Santa  Cruz,  and  to  ,  attorney  for  plaintiff: 

I  hereby  demand  that  the  place  of  trial  of  this  case  be  changed  to 
the  proper  county,  viz.,  the  city  and  county  of  San  Francisco,  state  of 
California. 

Dated  ,  19—. 

Residing  at  the  City  and  County  of  San  Francisco,  State  of  California. 

,  Attorney  for  Defendant. 

No.  864.    Affidavit  of  Residence  and  of  Merits  for  Change  of  Place  of 

Trial. 
[Title  of  Court  and  Cause.] 

,  being  duly  sworn,  says :  That  he  is  the  defendant  in  this  action ; 

that  he  was  at  the  commencement  of  this  action  (and  now  is)  a  resident 

of  the  county  of  ,  in  the  state  of  ,  and  not  a  resident  of  the 

county   in   which   this   action   was  commenced;   that   he  has   fully   and 

fairly  stated  the  ease  of  ,  his  counsel,  who  resides  at  ,  in  the 

state  of  ,  and  that  he  was  thereupon  and  is  advised  by  his  said 

counsel,  and  verily  believes,  that  he  has  a  good  and  substantial  defense 

on  the  merits  to  the  action,  and  that  for  the  reason  said  county 

is  the  proper  county  for  the  trial  of  said  action,  he  makes  his  demand 

herein  for  a  change  of  the  place  of  the  trial  of  said  action  to  said 

county. 

[Jurat.] 


Forms  8G5-866a  Cowdery's  Form  Book.  33i 

No.  865.    Affidavit  for  Change  of  Venue. 

[Title  of  Court  and  Cause.] 

State  of  California, 

County  of  Santa  Barbara, — ss. 

Charles  Bradley,  being  first  duly  sworn,  deposes  and  says  that  he  is 
the  defendant  in  the  above-entitled  action;  that  he  now  is  and  at  the 
time  the  above-entitled  action  was  commenced,  and  for  twenty  years 
prior  thereto  had  been  a  resident  of  the  county  of  Santa  Barbara,  state 
of  California,  and  was  such  resident  when  the  summons  in  said  action 
was  served  on  him,  which  service  was  in  said  Santa  Barbara  county; 
that  I  have  fully  and  fairly  stated  the  case  in  this  action,  and  fully 
and  fairly  stated  all  the  facts  relating  to  such  action,  to  my  counsel 
and  attorney  in  said  action,  B.  F.  Thomas,  an  attorney  at  law,  residing 
in  the  city  and  county  of  Santa  Barbara,  state  of  California,  and  after 
such  statement  to  my  said  attorney  I  am  advised  by  him  that  I  have  a 
good,  substantial,  and  complete  defense  on  the  merits  of  said  action. 

Charles  Bradley. 

NOTE.— Precedent  in  Watt  v.  Bradley,  95  Cal.  416. 

No.  866.    Affidavit  of  Merits  on  Motion  for  Change  of  Venue. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

J.  WaiTcn  Cox,  being  sworn,  says  he  is  one  of  the  defendants  in  the 
above-entitled  action;  that  he  is  as  well  acquainted  with  the  facts  as 
the  codefendant  is;  that  he  has  fully  and  fairly  stated  the  case  in  this 
action  to  William  H.  Patterson,  who  resides  in  San  Francisco,  afore- 
said, and  who  is  defendant's  counsel  herein ;  and  after  such  statement 
he  is  advised  by  his  said  counsel,  and  verily  believes,  that  the  defendant 
has  a  good  and  substantial  defense  to  the  merits  in  this  action;  that 
it  is  bona  fide  the  intention  of  the  defendant  to  defend  the  same. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE.— Precedent  in  Francis  v.  Cox,  33  Cal.  324. 

No.  866a.    Stipulation  Transferring  Case. 
[Title  of  Court  and  Cause.] 

It  is  hereby  stipulated  that  the  above-entitled  action  may  be  trans- 
ferred to  the  superior  court  of  the  county  of  Yuba  because  of  the  dis- 
qualification of  the  judge  of  the  above-entitled  court  in  which  said 
action  is  pending. 

[Signatures.] 


335  Change  of  Place  of  Trial.     Forms  866b,  866c 

NOTE. — If  an  action  or  proceeding  is  commenced  or  pending  in  a  court 
and  the  judge  or  justice  thereof  is  disqualified  to  try  the  cage,  it  may  be 
transferred  to  a  court  the  parties  may  agree  upon  by  stipulation  in  writ- 
ing, or  made  in  open  court  and  entered  upon  the  minutes:  Cal.  Code  Civ. 
Proc.,  sec.  398. 

No.  866b.    Affidavit  for  Change  of  Place  of  Trial  on  Account  of  Bias  or 
Prejudice  of  Citizens — Justice's  Court. 

[Title  of  Court  and  Cause.] 

State  of  California, 
County  of  Butte, — ss. 

J.  B.,  being  duly  sworn  [as  in  the  preceding]  :  That  a  jury  trial  has 
been  demanded  by  the  plaintitf  in  this  action;  that  he  believes  that  he 
cannot  have  a  fair  and  impartial  trial  in  the  township  and  court  before 
which  the  summons  herein  is  made  returnable,  on  account  of  the  bias 
and  prejudice  of  the  citizens  of  said  township  against  him. 

Subscribed  and  sworn  to  [etc.]. 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sees.  833-838. 

No.  866c.    Affidavit  for  Change  of  Place  of  Trial  Because  of  Justico 
Eein!i  a  V/itness— Justice's  Court. 

[Title  of  Court  and  Cause.] 

State  of  California, 
County  of  Butte, — ss. 

J.  B.,  being  duly  sworn,  says :  That  he  is  the  defendant  in  the  above- 
entitled  action;  that  S.  C,  the  justice  of  the  peace  before  whom  the 
summons  herein  is  made  returnable,  will  be  a  material  witness  for  the 
defendant  herein  at  the  trial  of  said  action;  that  this  action  is  one 
founded  on  a  promissory  note  made  by  defendant  and  payable  to  plain- 
tiff; that  the  only  defense  to  said  action  is  part  payment  of  said  note 
by  defendant;  that  defendant  expects  to  prove  by  the  said  S.  C,  that 
he,  the  said  S.  C,  saw  defendant  pay  plaintiff  the  sum  of  one  hundred 
dollars,  after  said  note  was  due,  and  heard  him  direct  plaintiff  to  apply 
said  payment  on  said  note,  and  heard  plaintiff  promise  defendant  that 
he  would  apply  said  payment  as  directed;  that  no  other  person  except 
plaintiff,  defendant,  and  said  S.  C,  was  present  when  said  payment 
was  made,  and  defendant  is  informed  and  believes,  and  therefore  avers, 
that  plaintiff  disputes  said  payment. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE.— California,  Code  Civ.  Proc,  sees.  833-838. 


Forms  866d-866f        Cowdery's  Form  Book.  336 

No.  866d.    Affidavit  for  Change  of  Place  of  Trial  on  Gound  of  Interest, 
Prejudice   or  Bias — Justice's  Court. 

[Title  of  Court  and  Cause.] 

State  of  California, 
County  of  Butte, — ss. 

J.  B.,  being  duly  sworn,  says:  That  he  is  the  defendant  in  the  above- 
entitled  action;  that  he  believes  that  he  cannot  have  a  fair  and  impar- 
tial trial  before  S.  C,  Esq.,  the  justice  of  the  peace  before  whom  tlie 
summons  herein  is  made  returnable,  by  reason  of  the  [interest,  preju- 
dice, or  bias  of  said  justice]  interest  of  said  justice  in  the  result  of 
said  action.  [Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE. — When  the  justice  is  a  witness,  when  a  fair  trial  cannot  be  had 
before  the  justice,  and  when  a  jury  is  demanded  and  an  affidavit  shows  that 
a  fair  trial  cannot  be  had  on  account  of  bias  or  the  prejudice  of  the  peop^le, 
etc.,  the  place  of  trial  may  be  changed:  California,  Code  Civ.  Proc,  sec.  833, 

No.  866e.    Order  Transferring  Proceedings  on  Account  of  Disaualifica- 

tion  of  Judge. 
[Title  of  Court  and  Estate.] 

It   appearing   that   proceedings   are  pending   in   this   court   for  the 

administration   of  the  estate   of  ,   deceased,   and  that  there  is  no 

judge  of  this  court  qualified  to  act  in  the  matter  of  said  estate,  for  the 
reason  that  all  of  the  judges  of  said  court  are  next  of  kin  to  said  de- 
ceased : 

It  is  therefore  ordered  that  the  proceedings  in  the  matter  of  said 

estate  be  transferred  to  the  superior  court  of  the  state  of  ,  in  and 

for  the  county  of  ;  and  the  clerk  of  this  court  is  hereby  ordered 

and  directed  to  transmit  to  the  clerk  of  that  court  a  certified  copy  of 
this  order,  and  all  papers  on  file  in  his  office  relating  to  said  estate. 

Dated  ,  19—. 

,  Judge  of  Superior  Court. 

No.  866f.    Petition  for  Retransfer  of  Proceedings. 

[Title  of  Court  and  Estate.] 

To  the  Honorable  Superior  Court  Aforesaid: 

The  petition  of  respectfully  represents  that  on  ,  19 — ,  pro- 
ceedings in  the  above-entitled  case  were  commenced  in  the  superior  court 

of  the  state   of  California,  in  and  for  the  county   of  .     That  on 

,  19—,  all  of  the  judges  of  that  court  being  disqualified  to  act  in 

the  matter  of  said  estate,  that  court  made  the  following  order: 

"It   appearing  that  proceedings   are  pending  in  this   court  for  the 

administration  of  the  estate  of  ,  deceased,  and  that  there  is  no 

judge  of  this  court  qualified  to  act  in  the  matter  of  said  estate,  for 
the  reason  that  all  of  the  judges  of  said  court  are  next  of  kin  to  said 
deceased: 


337  Change  of  Place  of  Trial.     Forms  866g,  866h 

"It  is  therefore  ordered  that  the  proceedings  in  the  matter  of  said 
estate  be  transferred  to  the  superior  court  of  the  state  of  California 
in  and  for  the  county  of  ;  and  the  clerk  of  this  court  is  hereby- 
ordered  and  directed  to  transmit  to  the  clerk  of  that  court  a  certified 
copy  of  this  order,  and  all  papers  on  file  in  his  office  relating  to  said 
estate." 

That  on  ,  19 — ,  was  appointed  a  judge  of  said  court,  and 

now  is  a  duly  qualified  and  acting  judge  of  said  court;  and  that  said 

is  qualified  in  every  respect  to  act  as  judge  in  the  matter  of  said 

estate. 

That  the  convenience  of  the  persons  interested  in  said  estate  will 
be  promoted  by  the  transfer  of  the  proceedings  of  said  estate  back 

to   the   said   superior   court   of  the   county   of   ,   where   they   were 

commenced. 

Wherefore  your  petitioner  prays  that  said  proceedings  be  transferred 
back  to  the  superior  court  of  county. 

Dated  ,  19—. 

• ,  Petitioner. 

,  Attorney  for  Petitioner. 

No.  866g.    Order  Transferring  Proceedings  Back  to  Original  Court. 
[Title  of  Court  and  Estate.] 

The  proceedings  in  the  above-entitled  estate  having  been  transferred 
to  this  court  from  the  superior  court  of  the  state  of  California,  in  and 
for county,  by  an  order  made  ,  19 — ,  because  of  the  disquali- 
fication of  the  judges  of  that  court  to  act  in  said  proceedings;  and  such 
disqualification  having  since  been  removed  as  to  one  of  the  judges  of 
that  court,  to  wit.  Honorable  ;  and  it  appearing  tliat  the  con- 
venience of  the  parties  interested  in  said  estate  will  be  subserved  by  the 
retransfer  of  said  proceedings  to  that  court: 

It   is  therefore   ordered   that   the  proceedings   in   the   matter  of  tlie 

above-entitled  estate  be  transferred  back  to  said  superior  court  of  • 

county;  and  the  clerk  of  this  court  is  hereby  ordered  and  directed  to 
transmit  to  the  clerk  of  that  court  a  certified  copj'^  of  this  order,  and 
all  the  original  papers  on  file  in  his  office  relating  to  said  estate. 

Dated  — ,  19—. 

,  Judge  of  Superior  Court  of County. 

No.  866h.     Order  Transferring  Cause — Justice's  Court. 
[Title  of  Cause.] 

The  justice  of  this  court  being  sick  and  unable  to  act,  the  above- 
entitled  cause  is  hereby  transferred  to  ,  justice  of  township, 

for  trial.     The  costs  in  this  court  to  abide  the  event  of  the  suit. 

Dated  ,  191—. 

,  Justice  of  the  Peace  of  Townshij^. 

Form  Book — 22 


Form  866i  Cowdery's  Form  Book.  338 

NOTE. — A  cause  may  be  transferred  from  a  justice's  court  to  a  court  the 
parties  may  agree  upon;  but  if  they  do  not  so  agree,  then  it  must  go  to 
another  justice's  court  in  the  same  county:  See  Cal.  Code  Civ.  Proc,  see.  835. 

No.  866i.    Notice  of  Transfer,  and  of  Time  and  Place  of  Trial. 

[Title  of  Cause.] 

To   — — ,    the    Plaintiff   in   the    Above-entitled    Action,    and    ,    the 

Defendant  in  said  Action. 

You  will  please  take  notice  that  the  said  action  has  been  transferred 

to  the  above-entitled  court  from  the  justice's  court  of  township, 

county  of ,  state  of ,  and  is  set  for  trial  before  me  at  my  office 

in township,  in  said  county,  on  ,  the day  of  ,  191 — , 

at  o'clock  A.  M.  of  said  day. 

Dated  ,  191—. 

,  Justice  of  the  Peace  of  said  Township. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  398,  833,  836,  850. 


CHARITABLE  BEQUESTS. 

See  WiUa. 
Charitable  Bequests,  No.   3914. 

CHARTER-PARTY. 

Charter  of  Vessel  for  Term,  No.  1200. 
Charter  of  Vessel  for  Voyage,  No.  1201. 

CHATTEL  MORTGAGE. 

See  Foreclosure  of  Mortgages;   Mortgages. 

Chattel  Mortgage — General  Form,  No.  2715. 

Chattel  Mortgage — North  Dakota,  Oklahoma  and  South  Dakota,  No.  2721. 

Chattel  Mortgage— Statutory  Form— California,  No.   2717. 

Chattel  Mortgage  to  Secure  Performance  of  Lease,  No.  2719. 

CITATIONS. 

867.  Order  for  citation  to  administrator  to  account 

868.  Citation  to  show  cause. 

8G9.     Citation  to  executor  on  petition  of  heir  for  partial  distribution. 

870.  Citation  to  banker  to  appear  and  answer  as  to  unclaimed  deposit. 

871.  Answer  and  demurrer  to  citation  to  savings  bank. 

CEOSS-EEFERENCES. 

Citation  on  Application  to  Revoke  Probate,  No.   39S1. 

Citation  to  Administrator  to  Show  Cause  Why  He  Should  not  Give  Further 
Security,   No.    1792. 

Citation  to*  Administrator  to  Show  Cause  Why  Letters  Should  not  be  Re- 
voked, No.  1818. 


339  Citations.  Forms  867, 868 

Citation  to  Banker  to  Appear  and  Answer  as  to  Unclaimed  Deposit,  No. 

870. 
Citation  to  Executor  on  Petition  of  Heir  for  Partial  Distribution,  No.  869. 
Citation  to  Show  Cause,  No.  868. 

No.  867.     Order  for  Citation  to  Administrator  to  Account. 
[Title  of  Court  and  Cause.] 

More  than  six  months  having  expired  since  A.  B.  was  appointed 
administrator  of  the  estate  of  C.  D.,  deceased,  and  he  having  failed  to  ren- 
der an  exhibit  under  oath  as  directed  by  law;  it  is  ordered  tliat  a  cita- 
tion issue  commanding  him  to  render  such  exhibit  within  ten  days  from 
the  date  of  service  of  said  citation. 

NOTE. — A  court  or  judge  must  cause  a  citation  to  issue  under  such  cir- 
cumstances: Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec.  996;  Idaho,  Eer. 
Codes  1907,  sees.  5588,  5589;  Montana,  Eev.  Codes  1907,  sees.  7635,  7636; 
Nevada,  Eev.  Laws  1912,  sec.  6043;  North  Dakota,  Comp.  Laws  1913,  sec. 
8824;  Oregon,  Lord's  Oregon  Laws,  sec.  1283;  South  Dakota,  Comp.  Laws 
1913,   sec.   5890;    Washington,  Eem.   Code,  sees    1551,  1552. 

No.  868.     Citation  to  Show  Cause. 

[Title  of  Court  and  Estate.] 

The  People  of  the  State  of  California  to  F.  W.  and  H.  W.,  Greeting: 

By  order  of  this  court,  you  are  hereby  cited  and  required  to  appear 
before  the  judge  of  this  court,  at  tlie  courtroom  thereof,  at  the  City 
Hall,  in  the  city  and  county  of  San  Francisco,  on  Saturday,  the  tenth 
day  of  December,  1917,  at  eleven  o'clock  in  the  forenoon  of  that  day, 
then  and  tliere  to  show  cause,  if  any  you  have,  why  M.  J.,  the  mother 
of  said  minors,  W.  J.,  C.  J.,  and  E.  J.,  children  of  T.  J.,  late  of  said 
city  and  county,  deceased,  should  not  be  appointed  the  guardian  of  the 
persons  and  estates  of  the  said  minors. 

Witness,  the  Honorable  J.  F.  F.,  jiidge  of  the  said  superior  court  in 
and  for  the  city  and  county  of  San  Francisco,  state  of  California,  with 
the  seal  of  said  court  affixed,  this  the  third  day  of  December,  1917. 

[Seal]  [Signature.] 

NOTE. — In  California,  a  citation  must  be  directed  to  the  person  to  be 
cited,  signed  by  the  clerk,  and  issued  under  the  seal  of  the  court,  and  must 
contain:  1.  The  title  of  the  proceeding;  2.  A  brief  statement  of  the  nature 
of  the  proceeding;  3.  A  direction  that  the  person  cited  appear  at  a  time 
and  place  specified.  It  may  be  issued  by  the  clerk  upon  the  application 
of  any  party  without  an  order  of  the  judge,  except  in  cases  in  which  such 
order  is  by  law  expressly  required.  It  must  be  served  in  the  same  manner 
as  a  summons  is  served:  Code  Civ.  Proc,  sees.  1707,  1709,  1710.  If  neces- 
sary, a  citation  may  be  served  by  publication  in  like  manner  of  a  summons: 
Trumpler  v.   Cotton,   109  Cal.  250. 

Alaska,  Comp.  Laws  1913,  sec.  1642;  Arizona,  Eev.  Stats.  (Civ.  Code 
1916),  sees.  1076,  1077,  1079;  California,  Code  Civ.  Proc,  sees.  1707,  1709, 
1710;  Idaho.  Eev.  Codes  1907,  sees.  5658-5600;  Montana,  Eev.  Codes  1907, 
sees.  7705-7708;  Nevada,  Eev.  Laws  1912,  sec.  247;  North  Dakota,  Comp. 
Laws  1913,  sees.  8534,  8551  et  seq. ;   Oregon,  Lord's  Oregon  Laws,  sec.  1186; 


Forms  869, 870  Cowdery's  Form  Book.  340 

South  Dakota,  Comp.  Laws  1913,  sees.  5681,  5731,  5735,  5740,  5890,  5952, 
5953;  Utah,  Comp.  Laws  1907,  sec.  4034;  Washington,  Rem.  Code,  sec.  1281; 
Wyoming,  Comp.  Stats.  1910,  sec.  5460  et  seq. 

No.  869.    Citation  to  Executor  on  Petition  of  Heir  for  Partial  Distribu- 
tion. 
[Title  of  Court  and  Cause.] 
J.  C.  R.,  Executor  of  the  Will  of  S.  D.,  Deceased,  Greeting: 

You  are  hereby  cited  to  be  and  appear  in  our  superior  court  of  the 
city  and  county  of  San  Francisco,  at  the  courtroom  of  Department 
No.  10 — Probate — thereof,  a't  the  City  Hall,  in  said  city  and  county  of 
San  Francisco,  on  Monday,  the  29th  day  of  May,  A.  D.  1917,  at  10  o  'clock, 
A.  M.,  of  that  day,  then  and  there  to  show  cause,  if  any  you  have,  why 
the  petition  of  M.  G.  S.  for  a  partial  distribution  to  him  of  the  estate 
of  the  said  S.  D.,  should  not  be  granted. 

[Seal]  [Signature.] 

NOTE.— Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sec.  1028;  California, 
Code  Civ.  Proc,  sec.  1659;  Idaho,  Rev.  Codes  1907,  sec.  5622;  Montana,  Rev. 
Codes  1907,  sec.  7665;  Nevada,  Rev.  Laws  1912,  sec.  6065;  Oregon,  Lord's 
Oregon  Laws,  sec.  1306;  Utah,  Comp.  Laws  1907,  sec.  3948;  Washington, 
Rem.  Code,  sec.  1580. 

No.  870.     Citation  to  Banker  to  Appear  and  Answer  as  to  Unclaimed 

Deposit. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  the  C.  S.  and  L.  S.,  its  Presi- 
dent,   Secretary,    Cashier,   Treasurer,   or   Other   Officer   or   Officers 
Having   Charge   and   Custody   of   Its   Books,   Registers   or  Papers 
Containing   Names,    Signatures,   or   Other  Marks   of   Identification 
of  Its  Depositors,  Greeting: 
You   are  hereby  cited  to   be   and   appear   in   our   superior   court    of 
the  city  and  county  of  San  Francisco,  at  the  courtroom  of  Department 
No.  2 — Probate — thereof,  at  the  City  Hall,  in  said  city  and  county  of 
San  Francisco,  on  Tuesday,  the  21st  day  of  February,  A.  D.  1917,  at 
9:45  o'clock  A.  M.  of  that  day,  then  and  there  to  show  cause,  if  any 
you  have,  why  an  order  of  this  court  sliould   not  be   made   requiring 
you  to  deliver  to  W.  A.,  as  administrator  of  the  estate  of  the  above- 
named  A.  A.,  deceased,  such  sum  as  may  be  due  and  unpaid  on  a  cer- 
tain deposit  made  in  the  said  C.  S.  and  L.  S.  by  a  person  of  that  name, 
either  under   said   name   or  under   the  name   of  A.   M.   or  A.   M.   A., 
amounting  to  $1,251.46,  or  thereabouts;   and  then  and  there  to  bring 
and  have  with  you  any  and  all   books,  registers   and   papers   of  said 
society   containing   any   entry   or   entries   referring  to   said   A.   M.,   or 
A.  M.  A.,  and  to  be  examined  on  oath  concerning  the  same. 

Dated,  . 

[Seal]  [Signature.] 

NOTE. — Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sec.  864;  California,  Code 
Civ.   Proc,   sec.   1461;   Idaho,   Rev.    Codes    1907,   sec.    5434;    Montana,    Rer. 


341  Claim.  Form  871 

Codes  1907,  sec.  7507;  Nevada,  Ker.  Laws  1912,  sec.  5955;  North  Dakota, 
Comp.  Laws  1913,  sec.  8919;  Oregon,  Lord's  Oregon  Laws,  sec.  1189;  Wash- 
ington, Rem.  Code,  sec.  1463;   Wyoming,  Comp.  Stats.  1910,  sec.  556. 

No.  871.    Answer  and  Demurrer  to  Citation  to  Savings  Bank. 
[Title  of  Court  and  Cause.] 

Now  comes  the  C.  S.  and  L.  S.,  and  responding  to  the  citation  issued 
in  the  above-entitled  matter  and  addressed  to  the  respondent : 

1.  Here  it  appears,  and  by  its  secretary  produces  for  inspection  all 
books  and  papers  in  the  possession  or  control  of  said  respondent  con- 
taining any  entry  referring  to  A.,  A.  M.,  or  A.  M.  A.,  and  is  ready  to 
be  examined  on  oath,  or  otherwise,  concerning  the  same. 

2.  As  to  any  and  all  other  requirements  of  said  citation,  said  re- 
spondent objects  and  demurs  thereto,  and  saj'^s  that  this  court  has  no 
right,  authority  or  jurisdiction  in  said  matter  of  said  estate  to  make 
said  requirements,  or  any  or  either  of  them,  this  respondent  here  claim- 
ing the  right  to  have  a  determination  of  all  the  matters  of  said  other 
requirements,  namely,  as  to  its  rights  and  obligations  under  the  alleged 
deposit  of  moneys  by  A.  A.,  with  respondent,  as  a  savings  bank,  made 
and  adjudicated  by  a  court  of  law  or  equitj'^  in  such  action  or  proceed- 
ing as  will  be  finallj'  determinative  of  the  said  rights  and  obligations 
of  respondent  in  respect  to  or  growing  from  said  alleged  deposit  with 
it,  and  protect  this  respondent  in  complying  with  the  final  determina- 
tion and  adjudication  of  such  court  in  such  action. 

And  this  respondent  hereby  demurs  to  all  and  all  parts  of  the  peti- 
tion of  W.  A.,  upon  which  said  citation  was  issued  and  is  based,  save 
that  alleging  that  respondent  has  books  containing  entries  tending  to 
disclose  the  identity  of  A.  A.  as  a  depositor  of  respondent  S.  S.,  with 
the  deceased,  in  whose  estate  said  petition  is  filed  and  asking  the  pro- 
duction and  inspection  of  said  books,  upon  the  grounds : 

1.  That  this  court  in  this  proceeding  has  no  jurisdiction  of  tlie 
person  of  this  respondent,  nor  of  the  subject  of  said  parts  of  said 
petition. 

2.  That  said  parts  of  said  petition  and  the  allegations  thereof  do 
not  constitute  a  cause  of  action  herein  against  this  respondent,  nor 
show  any  cause  for  the  relief  by  said  parts  of  said  petition  sought  and 
prayed  for. 

Wherefore  respondent  asks  that  said  citation  and  the  order  to  show 
cause  therein  contained  be  discharged. 

[Signature.] 

CLAIM. 

See  Bankruptcy;   Creditors'  Claims. 

Claim  Against    Bond    Given    on    Contract    for    Public    Work — Washington, 

No.  2511. 
Claim  for  Mechanic's  Lien — Washington,  No.  2509. 
Claim   of  Lien.     See  I;iens. 
Creditor's  Claim — Contingent,  No.  1396. 


Cowdery's  Form  Book.  342 


CLAIM  AND  DELIVERY. 

882.  Complaint  In  claim  and  delivery. 

883.  Answer  to  complaint  in  claim  and  delivery. 

884.  Affidavit  on  claim  and  delivery  of  personal  property. 

885.  Undertaking  on  claim  and  delivery. 

886.  Undertaking  for  delivery  of  property  to  plaintiff — Oregon. 

887.  Requisition  to  take  property  from  defendant. 

888.  Order  for  delivery  of  property  to  plaintiff — Oregon. 

889.  Notice  of  exception  to  sufficiency  of  sureties. 

890.  Officer's  return  of  property  delivered  to  plaintiff. 

891.  Hequisition  to  return  property  to  defendant. 

892.  Undertaking  for  return  of  property  to  defsndant. 

893.  Officer's  return  of  property  returned  to  defendant. 

894.  Affidairit  to  claim  of  property  by  third  person. 

895.  Undertaking  to  indemnify  officer  against  claim  of  third  person. 

896.  Judgment  for  possession  of  personal  property  and  damages. 

897.  Judgment  for  value  of  personal  propeity. 

898.  Judgment  for  return  of  property  to  defendant. 

899.  Judgment  for  damages  in  lieu  of  return  of  property. 

900.  Execution  for  the  delivery  of  property — Oregon. 

901.  Replevin — Affidavit  before  justice  of  the  peace — New  Mexico. 

902.  Replevin — Affidavit  before  clerk  of  district  court — New  Mexico. 

903.  Replevin — Bond  of  plaintiff  to  defendant — New  Mexico. 

904.  Replevin — Bond  of  plaintilT  to  office — New  Mexico. 

905.  Writ  of  replevin — Nev/  Mexico. 

906.  Replevin — Undertaking  for  delivery  of  property  to  plaintiff — Wash- 

ington, 

907.  Replevin — Order  for  delivery  of  property — Washington 

908.  Complaint  on  undertaking  In  claim  and  delivery. 

CROSS-REFERENCES. 

Claim  and  Delivery.     See  Replevin, 

INTRODUCTORY  NOTE. 
Proceedings  for  the  seizure  of  personal  property  pending  suit  for 
its  recovery  are  found  in  all  the  western  states.     The  statutes  are 
in  general  similar  to  the  California  Statute. 

NOTE. — Alaska,  Comp.  Laws  1913,  sees.  955-966;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sees.  1604-1622;  California,  Code  Civ.  Proc.  sees.  509-520; 
Idaho,  Rev.  Codes  1907,  sees'.  4271-4282;  Kansas,  Geu.  Stats.  1915,  sees. 
7068-7081;  Montana,  Eev.  Codes  1907,  sees.  6622-6641;  Nebraska,  Rev. 
Code  1913,  sees.  7822  et  seq.,  8483  et  seq.;  Nevada,  Rev.  Laws  1912,  sees. 
5124-5135;  New  Mexico,  Stats.  Ann.  1915,  sees.  3252  _et  seq.,  4340  et  seq.; 
North  Dakota,  Comp.  Laws  1913,  sees.  7516-7527;  Oklahoma,  Harris  & 
Day's  Code  1910,  sees.  4798-4811,  5398-5413;  Oregon,  Lord's  Oregon  Laws, 
sees.  283-294;  South  Dakota,  Comp.  Laws  1913.  sees.  4972-4983;  Utah, 
Comp.  Laws  1907,  sees.  3045-3056;  Washington,  Rem.  Code,  sees.  707-717, 
1890;  Wyoming,  Comp.  Stats.  1910,  sees.  5005-5022. 


343  Claim  and  Delivery.  Forms  882, 833 

No.  882.     Complaint  in  Claim  and  Delivery. 
[Title  of  Court  and  Cause.] 

E.  H.,  the  plaintiff,  in  the  above-entitled  action,  complaining  of  N.  S., 
the  defendant  in  the  said  action,  alleges: 

That  on  the  fourth  daj^  of  June,  1917,  at  the  city  and  county  of 
San  Francisco,  said  plaintiff  was,  and  now  is,  the  owner  and  entitled 
to  the  possession  of  the  following  described  personal  property,  to  wit: 
[Description.] 

That  said  personal  property  is  of  the  value  of  two  hundred  and  fifty 
dollars. 

Til  at  said  defendant,  on  the  fourth  day  of  June,  1917,  at  the  county 
of  Sacramento,  without  the  plaintiff's  consent,  and  wrongfully,  came 
into  the  possession  of  said  personal  property,  and  still  retains  posses- 
sion of  the  same,  and  he  claims  to  be  the  owner  of  the  same. 

That  before  the  commencement  of  this  action,  to  wit,  on  the  sixth 
day  of  June,  1907,  at  the  place  last  aforesaid,  the  plaintiff  demanded 
of  the  defendant  the  possession  of  said  personal  property,  but  to  de- 
liver the  possession  thereof  the  defendant  refused  and  still  refuses. 

That  the  said  defendant  still  iinlawfully  withholds  and  detains  said 
property  from  the  possession  of  the  plaintiff,  to  his  damage  in  the  sura 
of  $250. 

Tliat  the  same  has  not  been  taken  for  a  tax,  assessment,  or  fine,  pur- 
suant to  a  statute,  or  seized  under  an  execution  or  an  attachment 
against  the  property  of  the  plaintiff.  [Or  if  it  had  been  so  seized  or 
attached,  allege  tlie  fact;  and  aver  that  the  said  property  is  by  law 
exempt  from  execution.] 

Wlierefore,  the  plaintiff  demands  judgment  against  the  defendant  for 
the  recovery  of  the  possession  of  said  personal  property,  or  for  the  sura 
of  two  Inmdred  and  fifty  dollars,  the  value  thereof,  in  case  a  delivery 
cannot  be  had,  together  with  twenty  dollars,  damages,  and  for  costs 

«*  ^"^*-  [Signature.] 

NOTE. — The  provisions  of  the  codes  and  statutes  relating  to_  "claim  and 
delivery  of  personal  property"  are  substantially  the  same  in  a  justice's  and 
superior  court:  California,  Code  Civ.  Proc,  sees.  509,  870. 

No.  883.    Answer  to  Complaint  in  Claim  and  Delivery. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  denies: 

1.  That  the  plaintiff,  at  the  time  stated  in  the  complaint,  or  ever, 
or  at  all,  was  in  possession,  or  entitled  to  the  possession,  of  the  per- 
sonal property  described  in  the  complaint,  or  any  part  thereof. 

2.  Denies  that  said  property,  or  any  part  thereof,  is,  or  ever  was, 
the  property  of  the  plaintiff. 

3.  Denies  that  said  property  is,   or  was  at  the  time  alleged,  or  at 

any  time  since,  of  the  value  of  dollars   ($ )   or  any  amount 

greater  than  dollars  ($ ). 

[Verification.]  [Signature.] 


Forms  884, 885  Cowdery's  Form  Book.  344 

NOTE— A  denial  that  the  property  is  of  the  rahie  mentioned  in  the 
complaint  or  of  any  greater  value  than  a  certain  less  sum  named  is  an 
admission  that  the  property  is  worth  the  less  sum  named:  Carlyon  v.  Launan, 
4  Nev.  156. 

No.  884.    Affidavit  on  Claim  and  Delivery  of  Personal  Property. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above- 
entitled  action;  that  he  is  the  owner  of  the  property  claimed  in  this 
action,  which  is  described  as  follows,  to  wit:  ; 

That  said  property  is  now  in  the  possession  of,  and  w^rongfuUy  de- 
tained by,  the  defendant  herein ;  that,  according  to  the  best  knowlodge, 
information,  and  belief  of  this  affiant,  the  alleged  cause  of  such  deten- 
tion of  said  property  is  as  follows,  to  wit:  ; 

That  neither  said  property  nor  any  part  thereof  has  been  taken  for  a 
tax,  assessment,  or  fine,  pursuant  to  a  statute;  or  been  seized  under 
an  execution  or  an  attachment  against  the  property  of  the  plaintiff  [or, 
that  it  was  seized  under  an  attachment  (or  execution)  against  the  prop- 
erty of  affiant,  but  that  affiant  is  a  mechanic,  to  wit,  a  carpenter,  and 
said  property  was  a  part  of  his  tools  necessary  to  carry  on  his  trade 
(or  other  statement  showing  exemption),  and  as  such  is  exempt  from 
such  seizure,  by  statute]. 

That  the  actual  value  of  the  said  property  is dollars  ($ ). 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE — In  California,  where  a  delivery  is  claimed,  an  affidavit  must  be 
made  by  the  plaintiff  or  by  someone  in  his  behalf,  showing:  1.  That  the 
plaintiff  is  the  owner  of  the  property  claimed  (particularly  describing  it), 
or  is  entitled  to  the  possession  thereof;  2.  That  the  property  is  wrongfully 
detained  by  the  defendant;  3.  The  alleged  cause  of  the  detention  thereof, 
according  to  his  best  knowledge,  information  and  belief:  California,  Code 
Civ.   Proc,   sec.   510. 

No.  885.    Undertaking  on  Claim  and  Delivery. 
[Title  of  Court  and  Cause.] 

Whereas,  it  is  alleged  by  the  plaintiff  in  the  above-entitled  action, 
that  the  defendant  in  the  said  action  has  in  his  possession  and  unjustly 
detains  certain  personal  property,  belonging  to  the  said  plaintiff,  to 
the  possession  of  which  the  said  plaintiff  is  lawfully  entitled,  of  the 
value  of  four  hundred  and  eighty  dollars; 

And  whereas,  the  said  plaintiff  being  desirous  of  having  the  said 
personal  property  delivered  to  him,  and  by  indorsement  in  writing  upon 
the  affidavit,  has  required  the  sheriff  of  the  county  of  Siskiyou  to  take 
the  said  property  from  the  said  defendant. 

Now,  therefore,  we,  the  undersigned,  residents  of  the  said  county, 
in  consideration  of  the  premises,  and  of  the  delivery  of  said  property 


3i5  Claim  and  Delivery.  Forms  886, 887 

to  the  said  plaintiff,  do  hereby  undertake  and  acknowledge  to  the  effect 
that  we  are  jointly  and  severally  bound  in  the  sum  of  nine  hundred 
and  sixty  dollars  (being  double  the  value  of  said  property  as  stated  in 
the  affidavit),  for  the  prosecution  of  the  said  action  for  the  return  of 
the  said  property  to  said  defendant,  if  return  thereof  be  adjudged, 
and  for  the  payment  to  the  said  defcnrlant  of  such  sum  as  may,  from 
any  cause,  be  recovered  against  the  said  plaintiff. 

Dated,  . 

[Signatures.] 

JSTOTE. — In  California,  upon  receipt  of  the  aflidavit  and  notice,  with 
undertaking,  by  two  or  more  sureties,  approved  by  the  sheriff,  that  they 
are  bound  to  the  defendant  in  double  the  value  of  the  property,  as  stated 
in  the  affidavit  for  the  prosecution  of  the  action,  for  the  return  of  the 
property  to  the  defendant,  if  return  thereof  be  adjudged,  and  for  the  pay- 
ment to  him  of  such  sum  as  may,  from  any  cause,  be  recovered  against  the 
plaintiff,  the  sheriff  must  forthwith  take  the  property  described  in  the 
affidavit,  if  it  be  in  the  possession  of  the  defendant  or  his  agent,  and  retain 
it  in  his  custody:  California,  Code  Civ.  Proc,  sec.  512. 

No.  886.    Undertaking  for  Delivery  of  Property  to  Plaintiff — Oregon. 

State  of , 

County  of . 


Civil  Action  for  the  Recovery  of  Personal  Property. 
[Title  of  Court  and  Cause.] 

Whereas,   upon   the   application  of  the  Above-named  plaintiff,  , 

an  order  has  been  made  in  the  above-named  action  for  a  provisional 
delivery  to  the  plaintiff  of  the  personal  property  thereby  souglit  to  be 
recovered  from  the  possession  of  the  defendant,  : 

We, and ,  sureties,  hereby  acknowledge  ourselves  bound  unto 

the  said  defendant  in  the  sum  of dollars  ($ ),  for  the  prosecu- 
tion of  such  action,  for  the  return  of  such  property  to  the  defendant, 
if  return  thereof  be  adjudged,  and  for  the  payment  of  any  sum  which 
the  defendant  may  recover  in  such  action  against  the  plaintiff. 

Dated  this day  of ,  19 — . 

[Signatures.] 

NOTE.— See  Lord's  Oregon  Laws,  sec.  286. 

No.  887.    Requisition  to  Take  Property  from  Defendant. 

To  the  Sheriff  of  the  County  of ,  State  of . 

You  are  hereby  required  to  take  from  the  defendant,  ,  the  prop- 
erty described  in  the  within  affidavit. 

Dated  the day  of ,  19—. 

• ,  Plaintiff. 


NOTE.— See  Cal.  Code  Civ.  Proc,  se,-^?.  511,  870. 

This  notice  to  seize  must  be  indorsed  in  writing  upon  the  affidavit. 


Foi-ms  888-890  Cowdery's  Form  Book.  316 

No.  888.    Order  for  Delivery  of  Property  to  Plaintiff— Oregon. 

State  of , 


County  of . 

Civil  Action  lor  the  Recovery  of  Personal  Property. 
[Title  of  Court  and  Cause.] 

To   tlie    Sheriff   of   such    County,   or   any   Constable   of   any  Precinct 
Therein,  Greeting. 

In  the  name  of  the  state  of ,  you  are  hereby  commanded  to  take 

the  personal  property  described  and  mentioned  in  the  within  affidavit 
and  deliver  the  same  to  the  above-named  plaintiff,  unless  before  such 
delivery,  and  within  the  time  allowed  by  law,  the  above-named  defend- 
ant enter  into  a  sufficient  undertaking  for  the  delivery  thereof  to  the 
plaintiff,  if  delivery  be  adjudged  in  the  action,  and  for  the  payment  of 
such  sum  as  may  be  recovered  against  the  defendant ;  and  of  this  order 
make  legal  service  and  due  return  to  me. 

Given  under  my  hand  this  day  of  ,  19 — . 

,  Justice  of  the  Peace. 

NOTE. — See  Lord's  Oregon  Laws,  p.   1049. 

No.  889.    Notice  of  Exception  to  Sufficiency  of  Sureties. 
[Title  of  Court  and  Cause.] 

Sir:  You  will  please  take  notice  that  the  defendant  in  the  above- 
entitled  action  does  not  accept  the  undertaking  given  on  the  part  of 
the  plaintiff  in  the  said  action,  upon  your  taking  the  personal  property 
claimed  by  him,  but  expressly  excepts  to  the  same,  and  to  the  sufficiency 
of  the  sureties  thereto;  and  that  such  sureties,  and  each  of  them,  are 
required  to  justify,  as  provided  by  law. 

[Signature.] 

No.  890.    Officer's  Return  of  Property  Delivered  to  Plaintiff. 

Sheriff's  Office, 

County  of , 

State  of ,  ss. 

I, ,  sheriff  of  said  county,  hereby  certify  and  return  that,  on  the 

day  of ,  19 — ,  I  executed  the  requisition  indorsed  licreon.  for 

delivery  of  the  personal  property  mentioned  in  the  within  affidavit,  by 

taking  such  property  into  my  possession,  namely,  ;  and,  at  tlie 

same  time,  I  delivered  to  the  defendant,  ,  personally,  on  the  — — 

day  of  ,  19—,  a  copy  of  the  within  affidavit  and  requisition  in- 
dorsed thereon,  and  of  an  undertaking  on  the  part  of  plaintiff,  received 
and  approved  by  me;  [or,  if  he  cannot  be  found,  to  his  agent,  from 
Avhose  possession  the  property  is  taken ;  or,  if  ncitlier  can  be  found,  by 
leaving  them  at  the  usual  place  of  abode  of  either,  with  some  person 
of  suitable  age  and  discretion;  or,  if  neither  has  any  known  place  of 


347  Claim  and  Delivery.  Forms  891, 892 

abode,  by  putting  them  in  the  nearest  postofi&ce,  directed  to  the 
defendant]  ;  and  defendant  having  failed  to  except  to  the  sureties  in 
such  landertaking  within  two  days  after  such  service,  and  not  having 
required  the  return  of  said  property  to  himself,  and  no  other  person 
than  the  defendant  or  his  agent  having  made  claim  thereto,  I  did,  on 

the  day  of  ,  19 — ,  after  the  expiration  of  the  time  ])rescribed 

by  statute  for  the  return  of  said  property  to  defendant,  deliver  tlie 
property  so  taken  to  the  plaintiff  as  by  said  indorsement  I  was  required 
to  do. 

Dated  the day  of ,  19 — , 

Sheriff's  fees,  $ -. 

[Signature.] 

No.  891.    Requisition  to  Return  Property  to  Defendant. 

[Title  of  Court  and  Cause.] 

To  the  Sheriff  of  the  County  of ,  State  of . 

You  are  hereby  required  to  return  to  me,  the  undersigned,  the  per- 
sonal property  taken  from  me  by  you  in  the  above-entitled  action,  and 
described  as  follows,  to  wit:  . 

Dated  the day  of ,  19—. 

,  Defendant. 

NOTE. — See  Cal.  Code  Civ.  Proc,  sccg.  514,  870. 

No.  892.    Undertaking  for  Return  of  Property  to  Defendant. 
[Title  of  Court  and  Cause.] 

Whereas,  under  a  requisition  duly  made  and  indorsed  in  writing  on 

the  affidavit  of  the  plaintiff  in  the  above-entitled  action, ,  tliC  sheriff 

of  the  county  of  ,  on  the  day  of  ,  19—,  took  from  the 

possession  of  ,  the  defendant  in  said  action,  and  still  retains,  the 

f ollovving  described  personal  property,  to  wit,  ;  and 

Whereas  said  defendant  has  required,  in  the  manner  prescribed  by 
law,  that  said  property  be  returned  to  him  by  said  sheriff: 

Now  therefore  Ave,  the  undersigned,  in  consideration  of  the  premises, 
and  of  the  return  of  said  property  to  the  said  defendant  by  said  sheriff, 
do   hereby   undertake   and   promise   to   the   eft'ect   that   we   are  jointly 

and  severally  bound  unto  the  said  sheriff  in  the  sum  of  dollars 

($ )^  being  double  the  value  of  said  property,  as  stated  in  the  affida- 
vit of  plaintiff  in  said  action,  for  the  delivery  of  said  property  to  the 
plaintiff,  if  such  delivery  be  adjudged,  and  for  the  payment  to  him  of 
such  sum  as  may  for  any  cause  be  recovered  against  the  said  defendant. 

Dated  and  signed  the day  of ,  19—. 

[Justification.]  [Signatures.] 

NOTE.— In  California,  at  any  time  before  the  delivery  of  the  property 
to  the  plaintifP,  the  defendant  may.  if  he  do  not  except  to  the  sureties  of 
the  plaintiff,  require  the  return  thereof,  upon  giving  to  the  sheriff  an  under- 
taking, bv  two  or  more  sureties,  to  the  effect  that  they  are  bound  in  double 


Forms  893, 894  Cowdery's  Form  Book.  348 

the  value  of  the  property,  as  stated  in  the  affidavit  of  the  plaintifF,  for  the 
delivery  thereof  to  the  plaintiff,  if  such  delivery  he  adjudged,  and  for  the 
payment  to  him  of  such  sum  as  may,  for  any  cause,  be  recovered  agaiust 
the  defendant:   California,  Code  Civ.  Froc,  sec.  514. 

No.  893.    Officer's  Return  of  Property  Returned  to  Defendant. 

Slieriff's  Office, 

County  of , 

State  of ,  ss. 

I,  ,  sheriff  of  said  county  do  hereby  certify  and  return  that,  on 

the  day  of  ,  19 — ,  I  executed  the  requisition  indorsed  hereon, 

for  delivery  of  the  personal  property  mentioned  in  the  v/ithin  affidavit, 

by  taking  such  property  into  my  possession,  namely,  ;  and,  at  the 

same  time,  I  delivered  to  the  defendant,  ,  personally,  on  the 

day  of  ,  19 — ,  a  copy  of  the  within  affidavit  and  requisition  in- 
dorsed thereon,  and  of  an  undertaking  on  the  part  of  plaintiff,  received 
and  approved  by  me;  and  the  defendant,  witliin  five  days  after  such 
taking  and  service,  and  not  excepting  to  the  sureties  in  such  undertak- 
ing, but  requiring  a  return  of  said  property  to  him,  having  given  me  an 
undertaking,  in  due  form,  for  such  return,  and  the  sureties  thereon  hav- 
ing justified,  and  no  other  person  than  defendant  or  his  agent  having 
claimed  said  property,  I  delivered  the  same  to  the  defendant. 

Dated  the day  of ,  19 — . 

Sheriff's  fees,  $ . 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  514.  870. 

No.  894.    Affidavit  to  Claim  of  Property  by  Third  Person. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  not  the  defendant  in  the 

above-entitled  action,  nor  the  agent  of  said  defendant,  and  that  he, 
the  said  affiant,  is  the  owner  of  the  property  taken  by  the  sheriff  of 

said   county,  on  the  day  of  ,   19 — ,   in   an   action   to   recover 

the  possession  thereof,  and  wherein  the  plaintiff  claimed  the  delivery 
of  said  property  to  him. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  aec.  519. 


349  Claim  and  Delivery.  Forms  895-898 

No.  895.    Unclertrking  to  Indemnify  Officer  Against  Claim  of  Third 

Person. 
[Title  of  Court  and  Cause.] 

Whereas,  in  the  above-entitled  action,  ,  sheriff  of  the  county  of 

■ ,   took    certain   personal   property,   in   proceedings    for   claim    and 

delivery,  from  the  possession  of  defendant  in  said  action,  and  whereas 
the  said  property  so  taken  is  claimed  by  another  person  than  defendant 
or  his  agent,  namely,  by  . 

Now  therefore  we,  the  undersigned,  in  consideration  of  the  premises, 

hereby  acknowledge  ourselves  bound  unto  the  said  in  the  sum  of 

■ dollars  ($ ),  to  indemnify  him  against  the  claim  of  such  third 

person. 

Dated  this day  of ,  19 — . 

[Signatures.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  519. 

No.  896.    Judgment  for  Possession  of  Personal  Property  and  Damages. 

[Title  of  Court  and  Cause.] 

In  this  case,  judgment  is  given  against  defendant  and  for  plaintiff 
for  the  possession  of  all  personal  property  described  in  the  complaint 

herein,   and  dollars    ($ )    damages  for  the  detention  thereof 

by  defendant,  and  dollars   ($ )  taxed  costs. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  667. 

No.  897.    Judgment  for  Value  of  Personal  Property. 
[Title  of  Court  and  Cause.] 

In  this  case,  it  appearing  that  the  delivery  of  the  property  described 
in  the  complaint  cannot  be  had,  judgment  is  given  for  the  plaintiff  for 

dollars   ($ ),  the  value  thereof,  and  dollars   ($ ■)   for 

the  detention  of  said  property  by  defendant,  and  dollars  ($ ) 

taxed  costs. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  667. 

No.  898.    Judgment  for  Return  of  Property  to  Defendant. 

[Title  of  Court  and  Cause.] 

In  this  case,  it  appearing  that  the  property  described  in  the  com- 
plaint has  been  delivered  to  the  plaintiff,  and  the  defendant  claiming 
a  return  thereof,  judgment  is  given  against  plaintiff  for  the  return  of 

said  property  to  defendant  and dollars  ($ )  damages  for  taking 

and  withholding  the  same,  and  dollars  ($ )  taxed  costs. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec  667. 


Forms  899-901  Cowdeby's  Form  Book.  350 

No.  899.    Judgment  for  Damages  in  Lien  of  Return  of  Property. 
[Title  of  Court  and  Cause.] 

In  this  case,  it  appearing  that  the  property  described  in  the  complaint 
has  been  delivered  to  plaintiff,  and  the  defendant  claiming  a  return 
thereof,  and  it  appearing  that  a  return  cannot  be  had,  judgment  is  given 

against  plaintiff,  and  in  favor  of  defendant,  for  dollars   ($ — — ), 

the  value  of  said  property,  and dollars  ($ ),  damages  for  taking 

and  withholding  the  same,  and  dollars  ($ )  taxed  costs. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  667. 

No.  900.    Execution  for  tlie  Delivery  of  Property — Oregon. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  SB. 


To  the  Sheriff  of  such  County,  or  any  Constable  of  any  Precinct  Therein, 
Greeting. 

Whereas  has  obtained  judgment  against  for  the  possession 

of  the  following  personal  property,  namely,  ,  and  also  for  the  sum 

of  ■  dollars   ($ ),  before  the  undersigned,  a  justice  of  the  peace 

for  the  precinct  aforesaid,  on  the  day  of  ,  191 — : 

Therefore,  in  the  name  of  the  state  of  — — -,  you  are  commanded  to 

take  and  deliver  the  property  aforesaid  to  the  said  ;  and  that  of 

the  personal  property  of  the  said  within  your  county  or  precinct, 

excepting  such  as  the  law  exempts,  you  cause  to  be  made  by  levy  and 
sale  according  to  law  the  amount  of  such  judgment  for  the  detention 
and  disbursements  aforesaid,  and  expenses  that  may  accrue ;  and  of  this 
writ  make  legal  service  and  due  return  to  me  within  thirty-six  days 
from  the  date  hereof. 

Given  under  my  hand  this  day  of  ,  191 — . 

,  Justice  of  the  Peace. 

No.  901.  Replevin — Affidavit  Before  Justice  of  the  Peace — New  Mexico. 
[Title  of  Court  and  Cause.] 

Before ,  Justice  of  the  Peace  for Precinct,  in County. 

The  above-named ,  being  duly  sworn,  says  that  he  has  good  right 

to  the  possession  of  the  following  described  goods  and  chattels,  and 
that  the  same  are  of  the  value  of  dollars  and  are  wrongfully  de- 
tained by  the  said -,  namely:  . 

[Signature.] 

Sworn  to  and  subscribed  before  me  this day  of  ,  191 — . 

,  Justice  of  the  Peace. 


351  Claim  and  Delivery.  Forms  902-904 

No.  902.    Replevin— Affidavit   Before    Clerk    of    District    Court — New 
Mexico. 

State  of , 

County  of . 

Before  me,  the  undersigned,  clerk  of  the  district  court  in  and  for 

the  county  of  ,  and  state  above  mentioned,   on  this  day  of 

■ ,  19 — ,  personally  appeared  ,  who,  being  duly  sworn,  declares 

and  says  that  he  has  the  legal  right  to  the  possession  of ;  that  the 

said  property  is  unlawfully  withheld  from  him  by  ;  and  that  the 

right  of  action  originated  within  one  year. 

,  Complainant. 

Subscribed  and  sworn  to  before  me  this  day  of  ,  19 — , 

,  Clerk  of  the  District  Court. 

No.  903.    Replevin— Bond  of  Plaintiff  to  Defendanl^-New  Mexico. 
[Title  of  Court  and  Cause.] 

Know  all  men  by  these  presents  that  we,  ,  as  principal,  and 

and  ,  as  "securities,"  are  held  and  firmly  bound  unto  ,  said 

defendant,  in  the  penal  sum  of  dollars   ($ ),  to  the  payment 

of  which  well  and  truly  to  be  made  we  do  hereby  jointly  and  severally 
bind  ourselves,  our  heirs,  executors,  and  administrators. 

Sealed  with  our  seals  and  dated  this day  of  ,  191 — . 

The  condition  of  the  above  obligation  is  such  that  whereas  the  said 

is  about  to  take  out  a  writ  of  replevin  against  the  said for  the 

following  goods  and  chattels:  . 

Now,  if  the  said  shall  appear  on  the  return  day  of  said  writ, 

and  prosecute  his  said  suit  to  effect,  and  pay  all  costs  and  damages 
which  shall  be  awarded  against  him,  then  this  obligation  shall  be  void; 
otherwise,  in  full  force. 

[Signatures.] 

Approved  this  day  of  ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— See  N.  M.  Stats.  Ann.  1915,  sec.  3281. 

No.  904.    Replevin— Bond  of  Plaintiff  to  Office— New  Mexico. 

Know  all  men  by  these  presents  that  we,  ,  as  principal,  and 

and ,  as  his  sureties,  are  held  and  firmly  bound  unto [here  the 

name  of  the  officer  to  whom  the  writ  is  directed],  in  the  sum  of  

dollars  ($ ),  for  the  payment  of  which  sum  well  and  truly  to  be  made 

we  hold  ourselves  and  our  heirs,  executors,  and  administrators  firmly  by 
these  presents. 

Signed  with  our  hands  and  seals  and  dated  this  day  of  , 

191—. 

The  condition  of  the  above  obligation  is  such  that  whereas  the  above- 
mentioned  has  applied  for  a  writ  of  replevin  from  the  county  clerk 


Forms  905 ,906  Cowdery's  Form  Book.  352 

of  the  county  of ,  whicla  writ  is  directed  to [here  the  name  of 

the  officer  to  whom  the  writ  is  directed],  and  is  against  [here  the 

name  or  names  of  the  persons  complained  against],  returnable  to  the  dis- 
trict court  in  and  for  the  county  of : 

Now,  if  the  said shall  prosecute  his  said  suit  without  delay  and 

with  effect,  and  shall  deliver  the  property  replevied  to ,  in  the  event 

of  restitution  being  so  adjudged  by  the  said  court,  and  shall  keep  harm- 
less the  said [here  the  name  of  the  officer],  and  shall  pay  all  the 

costs  which  may  arise  from  the  said  replevin,  then  this  obligation  shall 
be  null  and  of  no  value;  otherwise,  the  same  shall  remain  in  full  force 

and  effect. 

[Signatures.] 

No.  905.    Writ  of  Replevin— New  Mexico. 

[Title  of  Court  and  Cause.] 

Territory  of to  the  Constable  of Precinct,  in County. 

You  are  commanded  that,  without  delay,  you  cause  to  be  replevied 

imto  the  goods  and  chattels  following,  to  wit:  ,  which  

wrongfully  detains  from  the  said  ,  and  that  you  summon  the  said 

to  appear  before  me  in  my  office  in  precinct  in  county, 

at o  'clock  in  the  forenoon  of  the day  of ,  19 — ,  to  answer 

unto  the  said for  the  unlawful  detention  of  the  goods  and  chattels 

aforesaid. 

Given  under  my  hand  this  day  of ,  191 — . 

,  Justice  of  the  Peace. 

No.  906.    Replevin— Undertaking  for  Delivery  of  Property  to  Plaintiff- 
Washington. 
[Title  of  Court  and  Cause.] 

Whereas ,  plaintiff,  has  commenced  an  action  before ,  one  of 

the  justices  of  the  peace  in  and  for county,  against  ,  defend- 
ant, for  the  recovery  of  certain  personal  property,  mentioned  and  de- 
scribed in  the  affidavit  of  the  plaintiff,  to  wit,  : 

Now  therefore  we, ,  plaintiff,  and and ,  sureties,  acknowl- 
edge ourselves  bound  unto ,  in  the  sum  of dollars  ($ ),  for 

the  prosecution  of  the  action  for  the  return  of  the  property  to  the  de- 
fendant, if  return  thereof  be  adjudged,  and  for  the  payment  to  him  of 
such  sum  as  may  for  any  cause  be  recovered  against  the  plaintiff. 

Dated  the day  of ,  191—. 

[Signatures.] 

NOTE. — See   wash.  £em.  Coae,  see.  1890, 


353  Claim  and  Delivery.  Forms  907, 908 

No.  907.    Replevin— Order  for  Delivery  of  Property— Washington. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

To  the  Sheriff  or  any  Constable  of  said  County. 

In  the  name  of  the  state  of ,  you  are  hereby  commanded  to  take 

the  personal  property  mentioned  and  described  in  the  within  affidavit 
and  deliver  the  same  to  the  plaintiff  upon  receiving  a  proper  undertak- 
ing, unless  before  such  delivery  the  defendant  enter  into  a  sufacient 
undertaking  for  the  delivery  thereof  to  the  plaintiff,  if  delivery  be 
adjudged. 

Given  under  my  hand  this day  of ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Wash.  Eem.  Code,  see.  1890. 

No.  908.    Complaint  on  Undertaking  in  Claim  and  Delivery. 
fTitle  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  heretofore  this  plaintiff  commenced  an  action  in  the  superior 
court  of  San  Mateo  county,  against  A.  B.,  to  recover  possession  of  spe- 
cific personal  property. 

2.  That  in  the  course  of  said  action  such  proceedings  of  claim  and 
deliver^',  under  and  pursuant  to  the  statute,  were  had,  that  on  the 
twenty-fourth  day  of  June,  1917,  the  defendants  made  and  delivered  to 
the  constable  serving  said  Avrit,  for  the  use  of  this  plaintiff,  pursuant 
to  the  statute,  their  written  undertaking,  of  which  the  following  is  a 
copy:   [Copy  of  the  undertaking.] 

3.  That  the  personal  property  referred  to  in  said  undertaking  was 
delivered  [or  released]  to  the  said  A.  B.,  defendant  in  said  action,  pur- 
suant to  said  undertaking,  and  to  a  requisition  of  said  A.  B.,  defend- 
ant in  said  action,  made  pursuant  to  law,  and  said  undertaking  was 
thereupon  delivered  to  this  plaintiff. 

4.  That  such  proceedings  were  afterward  had,  that,  on  the  seventeenth 
day  of  July,  1917,  a  decision  in  the  said  court  was  rendered  against  the 
said  A.  B.,  wherein  the  value  of  the  said  property  was  found  to  be 
$2,750,  whereupon  judgment  was  rendered  against  A.  B.,  the  defendant 
therein,  that  the  plaintiff  recover  possession  of  said  property,  or  the  sum 
of  $2,750,  in  case  a  delivery  could  not  be  had. 

5.  That  the  defendant  has  not  returned  said  property,  nor  otherwise 
paid  or  satisfied  said  judgment. 

6.  [State  demand,  where  that  is  necessary.] 

7.  That  this  plaintiff  thereafter  caused  execution  to  be  issued  on  said 

judgment  against  the  said  defendant,  A.  B.,  which  execution  has  been 

returned  wholly  unsatisfied. 

[Signature.] 

Form  Book — 23 


Form  919  Cowdery's  Form  Book.  354 


CODICILS. 

See  Wills. 

Codicil,  No.  3920.  ^       ,     .  -    .  *x     .  .-^^ 

Codicil  Altering  the   Will,   etc.,  With   Proper  Conclusion   and   Attestation, 

Codicil,  Holographic  or  Witnessed,  Indorsed  upon  the  Back  of  a  Will,  No. 

3921. 
Codicil  Eatifyiag  the  Will,  No.  3922. 


COMMISSIONS. 

See  Depositions. 

Commission  to  Take  Testimony,  No.  1547. 

Commission — Shorter  Form,  No.  1548. 

Order  for  Commission  to  Take  Testimony,  No.  1546. 


COMMITMENT. 

919.  Commitment  to  prison — General. 

920.  Commitment  to  keep  the  peace — Oregon. 

921.  Commitment  to  prison. 

922.  Commitment  on  order  holding  to  answer — Justice's  court. 

923.  Commitment  to  county  jail. 

924.  Commitment  for  examination— To  be  indorsed  on  warrant  of  arrest. 
925!  Commitment  for  examination — To  be  indorsed  on  warrant  of  arrest. 

926.  Commitment  to  answer. 

927.  Commitment  to  answer — Arizona. 

928.  Mittimus — Ha.waii. 

929.  Commitment  to  answer — Justice's  court — Oregon. 

930!     Commitment  wliere  justice,  on  the  trial,  finds  that  he  has  no  Jurisdic- 
tion— Justice's  court — Washington. 

CROSS-REFERENCES. 

Commitment  to  Keep  the  Peace— Oregon,  No.  2353. 

No.  919.     Commitment  to  Prison — Gensral. 
[Title  of  Court  and  Cause.] 

The  district  attorney,  with  the  defendant  and  his  counsel,  came  into 
court.  The  defendant  was  duly  informed  by  the  court  of  the  nature 
of  the  charge  against  him  for  the  crime  of  petit  larceny,  committed  on 
the  fifth  day  of  July,  1917,  of  his  indictment  [or  of  the  information  filed 
against  him],  arraignment,  and  plea  of  "Not  guilty  of  the  offense  charged 
in  the  indictment"  [information],  of  his  trial  and  the  verdict  of  the 
jury,  on  the  third  day  of  August,  1917,  "Guilty  as  charged  in  the  indict- 
ment" [information],  and  the  defendant  was  then  asked  if  he  had  any 
legal  cause  to  show  why  judgment  should  not  be  pronounced  against  him. 
To  which  he  replied  that  he  had  none.  And  no  sufficient  cause  being 
shown  or  appearing  to  the  court,  thereupon  the  court  rendered  its  judg- 


355  Commitment.  Form  920 

mcnt  as  follows:  That  whereas  the  said  J.  S.,  having  been  dnl}'  convicted 
in  this  court  of  the  crime  of  petit  larceny  [or  other  crime]  : 

It  is  therefore  ordered,  adjudged  and  decreed,  that  the  said  J.  S.  be 
punished  and  imprisoned  in  the  county  jail  of  the  county  of  San  Mateo, 
in  the  state  of  California,  for  the  term  of  one  year.  The  defendant  was 
then  remanded  to  the  custody  of  the  sheriff  of  the  said  county  [or  in  the 
state  prison]. 

Office  of  the  County  Clerk, 

Of  the  County  of  San  Mateo,  State  of  California. 

I,  H.  W.,  county  clerk  of  the  county  of  San  Mateo,  state  of  California, 
do  hereby  certify  the  foregoing  to  be  a  full,  true,  and  correct  copy  of 
the  judgment  duly  made  and  entered  on  the  minutes  of  the  said  superior 
court  in  the  above-entitled  action,  and  that  I  have  compared  the  same 
with  the  original;  that  the  same  is  a  correct  transcript  therefrom,  and 
of  the  whole  thereof. 

Attest  my  hand  and  seal  of  the  said  superior  court,  this  fifth  day  of 
August,  1917. 

[Seal]  H.  W.,  Clerk. 

By  P.  S.,  Deputy  Clerk. 
Indorsed  as  Follows: 

[Title  of  Court  and  Cause.] 

Whereas,  J.  S.,  having  been  duly  convicted  in  the  superior  court  of 
the  county  of  San  Mateo  of  the  crime  of  petit  larceny,  and  judgment 
having  been  pronounced  against  him,  that  he  be  punished  by  imprison- 
ment in  the  county  jail  of  the  county  of  San  Mateo,  in  the  state  of 
California,  for  the  term  of  one  year.  All  of  which  appearing  to  us  of 
record,  and  a  certified  copy  of  the  judgment  being  indorsed  hereon  and 
made  a  part  thereof: 

Now,  this  is  to  command  you,  the  said  sheriff  of  the  county  of  San 
Mateo,  to  take  and  safely  keep  and  imprison  the  said  J.  S.  in  the  county 
jail  of  the  said  county  of  San  Mateo,  state  of  California,  for  the  terra 
of  one  year.     And  these  presents  shall  be  your  authority  for  the  same. 

Herein  fail  not. 

Witness,  Honorable  E.  F.  H.,  judge  of  the  superior  court  of  the  county 
of  San  Mateo,  this  fifth  day  of  August,  1917. 

Attest  my  hand  and  the  seal  of  the  said  court  the  day  and  year  last 
above  written. 

[Signature.] 

NOTE.— California,  Pen.  Code,  sees.  1017,  1207,  1213. 

No.  920.    Commitment  to  Keep  the  Peace — Oregon. 

In  the  Name  of  the  State  of . 

To  the  Sheriff  of  the  County  of  ,  Greeting. 

An  order, having  been  this  day  made  by  me  that give  an  under- 
taking in  the  sum  of dollars  ($ ),  as  security  to  keep  the  peace 

and  abide  the  order  of  the court  for  the  county  aforesaid,  and  the 


Form  921  Cowdeby's  Form  Book.  356 

said having  failed  to  give  such  undertaking,  you  are  therefore  com- 
manded to  receive  him  into  your  custody  and  detain  him  until  legally 
discharged. 

Dated  at  this day  of ,  19 — . 

[Official  signature.] 

NOTE.— See  Lord's  Oregon  Laws,  sec.  1822. 

No.  921.    Commitment  to  Prison. 
[Title  of  Court  and  Cause.] 

The  district  attorney,  with  the  defendant  and  his  counsel,  Mr.  O'Brien, 
came  into  court.  The  defendant  was  duly  informed  by  the  court  of  the 
information  duly  presented  and  filed  on  the  twenty-sixth  day  of  Janu- 
ary, 1887,  by  the  district  attorney  of  the  city  and  county  of  San  Fran- 
cisco, charging  said  defendant  with  the  crime  of  burglary  and  three 
prior  convictions ;  of  his  arraignment,  and  plea  of  not  guilty  as  charged 
in  said  information ;  of  his  trial,  and  the  verdict  of  the  jury,  on  the  six- 
teenth day  of  February,  1887,  "guilty  of  burglary  in  the  second  degree" ; 
and  defendant's  motion  for  a  new  trial  having  been  denied  by  the  court 
and  said  prior  conviction  having  been  admitted  by  defendant,  the  de- 
fondant  was  then  asked  if  he  had  any  legal  cause  to  show  why  judg- 
ment should  not  be  pronounced  against  him,  to  which  defendant  replied 
he  had  none,  and  no  sufficient  cause  being  shown  or  appearing  to  the 
court,  thereupon  the  court  renders  its  judgment,  that  whereas  the  said 
Gus  Williams  having  been  duly  convicted  in  this  court  of  the  crime  of 
burglary  in  the  second  degree,  it  is  therefore  ordered,  adjudged  and 
decreed  that  the  said  Gus  Williams  be  punished  by  imprisonment  in  the 
state  prison  of  the  state  of  California  at  San  Quentin  for  the  term  of 
ten  (10)  years.  The  defendant  was  then  remanded  to  the  custody  of 
the  sheriff  of  the  city  and  county,  to  be  by  him  delivered  into  the  cus- 
tody of  the  proper  officers  of  said  state  prison  at  San  Quentin. 

Office  of  the  County  Clerk, 

City  and  County  of  San  Francisco. 

I,  William  J.  Ruddick,  county  clerk  of  the  city  and  county  of  San 
Francisco  and  ex-officio  clerk  of  said  superior  court  thereof,  do  hereby 
certify  the  foregoing  to  be  a  true  and  correct  copy  of  a  judgment  entered 
on  the  minutes  of  said  court  in  and  for  the  city  and  county  of  San 
Francisco,  state  of  California,  in  the  above-entitled  cause,  as  appears 
of  record  in  my  office. 

Attest  my  hand  and  the  seal  of  said  superior  court  this  nineteenth  day 
of  February,  1887. 

William  J.  Ruddick. 

Clerk. 
By  Bert  McNulty, 

Deputy  Clerk. 

NOTE.— Precedent  in  Ex  parte  Williams,  89  Gal.  423. 


357  Commitment.  Forms  922, 923 

No.  922.    Commitment  on  Order  Holding  to  Answer — Justice's  Court. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  the  Sheriff  of  the  County  of 
Tehama : 
An  order  having  been  this  day  made  by  me,  that  J.  D.  be  held  to 
answer  upon  a  charge  of  [state  briefly  the  nature  of  the  offense]  com- 
mitted in  said  township  and  county,  on  or  about  the  fifth  day  of  August, 
1917,  you,  the  said  sheriff,  are  commanded  to  receive  him,  the  said  J.  D., 
into  your  custody,  and  detain  him  until  he  is  legally  discharged.  And 
I  hereby  order  that  the  said  J.  D.  be  admitted  to  bail  in  the  sum  of  $500. 

NOTE.— California,  Pen.  Code,  sec.  877. 

No.  923.     Commitment  to  County  Jail. 
[Title  of  Court  and  Cause.] 

The  district  attorney,  with  the  defendant  and  his  counsel,  came  into 
court.     The  defendant  was  duly  informed  by  the  court  of  the  nature 

of  the  charge  against  him  for  the  crime  of ,  committed  on  the 

day  of  ,  19 — ,  of  his  indictment,  arraignment,  and  plea  of  "Not 

guilty  of  the  offense  cliarged  in  the  indictment,"  of  his  trial,  and  the 

verdict  of  the  jury,  on  the day  of ,  19 ,  "Guilty  as  charged 

in  the  indictment."  And  the  defendant  was  then  asked  if  he  had  any 
legal  cause  to  show  why  judgment  should  not  be  pronounced  against 
him;  to  which  he  replied  that  he  had  none.  And  no  sufficient  cause 
being  shown  or  appearing  to  the  court,  thereupon  the  court  I'endered  its 

judgment  as  follows :   "That  whereas  the  said  having  been   duly 

convicted  in  this  court  of  the  crime  of  ,  it  is  therefore  ordered, 

adjudged,  and  decreed  that  the  said  be  punished  by  imprisonment 

in  the  county  jail  of  the  county  of ,  in  the  state  of  ,  for  the 

term  of  one  year." 

The  defendant  was  then  remanded  to  the  custody  of  the  sheriff  of 
the  said  county. 

Dated  . 

[Signature.] 

Office  of  County  Clerk  of  the  County  of , 

State  of ,  ss. 

I,  ,  county  clerk  of  the  county  of ,  state  of  ,  do  hereby 

certify  the  foregoing  to  be  a  full,  true,  and  correct  copy  of  the  judg- 
ment duly  made  and  entered  on  the  minutes  of  the  said  court  in 

the  above-entitled  action,  and  that  I  have  compared  the  same  with  the 
original;  that  the  same  is  a  correct  transcript  therefrom,  and  of  the 
whole  thereof. 

Attest  my  hand  and  the  seal  of  the  said court  this  day  of 

,  19-. 

[Seal]  ,  Clerk. 

By  ,  Deputy  Clerk. 


Forms  924, 925  Cowdery's  Form  Book.  358 

[Indorsement  on  Commitment:] 

The  People  of  the  State  of ,  to  the  Sheriff  of  the  County  of , 

Greeting. 

Whereas  having  been  duly  convicted  in  the  court  of  the 

county  of  of  the  crime  of  ,  and  judgment  having  been  pro- 
nounced against  him,  that  he  be  punished  by  imprisonment  in  the  county 

jail  of  the  county  of  ,  in  the  state  of  ,  for  the  term  of  one 

year;  all  of  which  appearing  to  us  of  record,  and  a  certified  copy  of 
the  judgment  being  indorsed  hereon  and  made  a  part  hereof: 

Now  this  is  to  command  you,  the  said  sheriff  of  the  county  of  — — -, 

to  take  and  safely  keep  and  imprison  the  said  in  the  county  jail 

of  the  said  county  of ,  state  of ,  for  the  term  of  one  year.     And 

tliese  presents  shall  be  your  authority  for  the  same.     Herein  fail  not. 

Witness  the  Honorable  ,  judge  of  the  court  of  the  county 

of ,  this day  of ,  19—. 

Attest  my  hand  and  the  seal  of  the  said  court  the  day  and  year  last 
above  written. 

[Seal]  ,  Clerk. 

By  ,  Deputy  Clerk. 

No.  924.    Commitment  for  Examination— To  be  Indorsed  on  Warrant 
of  Arrest. 

The  within  named  ,  having  been  brought  before  me  under  this 

warrant,  is  committed  for  examination  to  the  sheriff  of  county. 

[Official  signature.] 

NOTE. — If  the  sheriff  is  not  present,  the  defendant  may  be  committed 
to  the  custody  of  a  peace  oflfieer.  In  Alaska,  the  commitment  of  defendant 
is  "to  the  custody  of  the  officer  having  him  in  charge":  Alaska,  Comp.  Laws 
1913,  sec.  2413;  and  in  Oregon,  to  the  same  officer,  or,  if  the  magistrate  sit 

in  the  vicinity  of  the   county  jail,  "to  the  jailer  of  the  county   of  ": 

See  Lord's  Oregon  Laws,  sec.  1777;  Alaska,  Comp.  Laws  1913,  sec.  2413; 
Arizona,  Rev.  Stats.  (Pen.  Code  1913),  sec.  877;  California,  Pen.  Code,  sec. 
863;  Idaho,  Rev.  Codes  1907,  sec.  7570;  Nevada,  Rev.  Laws  1912,  sec.  6975. 

No.  925.     Commitment  for  Examination— To  be  Indorsed  on  Warrant 
of  Arrest. 

The  within  named  ,  having  been  brought  before  me  under  this 

warrant,  and  having  failed  to  give  bail  for  his  appearance,  is  committed 

to  the  sheriff  of  the  county  of ,  to  await  examination  on  the  

(Jay  of ,  19 — ,  at  o'clock  A.  M.,  at  which  time  you  will  have 

his  body  before  me  at  my  office. 

[Official  signature.] 

NOTE.— North  Dakota,  Comp.  Laws  1913,  sec.  10,601;  Oklahoma,  Harris 
&  Day's  Code  1910,  sec.  5672;  South  Dakota,  Comp.  Laws  1913,  sec.  7167. 


359  Commitment.  Forms  926-928 

No.  926.    Commitinent  to  Answer. 
State  of , 


County  of  . 

The  People  of  the  State  of to  the  Sheriff  of  the  County  of . 

An  Older  having  been  this  day  made  by  me  that  be  held  to 

answer  upon  a  cliarge  of : 

You  are  commanded  to  receive  him  into  your  custody  and  detain  him 
until  he  is  legally  discharged. 

Dated  this  day  of ,  19 — . 

[Official  signature.] 

NOTE. — Alasl^a,  Comp.  Laws  1913,  sec.  2432;  California,  Pen.  Code,  sec. 
877;  North  Dakota,  Comp.  Laws  1913,  sec.  10,616;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec.  5685;  Oregon,  Lord's  Oregon  Laws,  sec.  1797;  Utah, 
Comp.  Laws  1907,  sec.  4680. 

In  Alaska,  the  commitment  is  "In  the  Name  of  the  United  States  of 
America,"  and  the  direction  is  "To  the  United  States  Marshal  for  the  Dis- 
trict of  Alaska,  greeting":  Alaska,  Comp.  Laws  1913,  sec.  2432.  In  Oregon, 
the  commitment  is  "In  the  Name  of  the  State  of  Oregon."  These  words 
precede  "To  the  Sheriff,"  etc.:  Lord's  Oregon  Laws,  see.  1797. 

No.  927.     Commitment  to  answer — Arizona. 

[Title  of  Court.] 

The  State  of  Arizona  to  the  Sheriff  of  County. 

I  have  this  day  made  the  following  order:  .     You  are  therefore 

commanded  to  receive  the  said  defendant,  ,  into  your  custody  and 

detain  him  until  he  shall  give  the  said  amount  of  bail,  or  be  otherwise 
legally  discharged. 

Dated  this  — —  day  of ,  19—. 

[Official  signature.] 

No.  928.    Mittimus — Hawaii. 

To  ,  or  Any  Other  Police  Officer  of  the  District  of ,  Island  of 

,  Territory  of  Hawaii. 

It  appearing  to  my  satisfaction  that  there  is  reason  to  believe  that 

,  who  was  arrested  for ,  on  the  information  of  ,  would  be 

convicted  upon  indictment  for  the  said  offense: 

You  are  commanded  to  deliver  him,  the  said  ,  to  the  sheriff  of 

the  island  of  ,  or  his  deputy,  who  is  hereby  authorized  to  commit 

him  to  the  jail  of  the  said  island  for  trial  at  the  circuit  court  of  the 

judicial  circuit;  and  have  you  then  and  there  this  writ  with  full 

return  of  your  proceedings  thereon. 

Given  under  my  hand  this  day  of  — 


[Official  signature.] 
NOTE. — See  Eev.  Code  Hawaii  1915,  sec.  3766. 


Forms  929 ,930  Cowdery's  Form  Book.  360 

No.  929.    Commitment  to  Answer — Justice's  Court — Oregon. 

Justice's  Court  for  the  Preciuet  of  , 

State  of , 

County  of . 

In  the  Name  of  the  State  of . 

To  the  Sheriff  of  the  County  Aforesaid. 

An  order  having  this  day  been  made  by  me  that  be  committed 

for  trial  in  a  criminal  action  against  the  said  for  the  crime  of 

,  you  are  hereby  commanded  to  receive  him  into  your  custody,  and 

detain  him  accordingly,  or  until  he  be  otherwise  legally  discharged. 

Dated  at this day  of ,  19 — . 

,  Justice  of  the  Peace. 

No.  930.     Commitment  Where  Justice,  on  the  Trial,  Finds  That  He  has 
No  Jurisdiction — Justice's  Court — Washington. 

State  of , 

County  of ,  ss. 


To  Any  Constable  and  the  Keeper  of  the  Jail  of  Said  County. 

Whereas  ,  of  ,  has  been  brought  this  day  before  the  under- 
signed, one  of  the  justices  of  the  peace  in  and  for  said  county,  charged, 

in  the  oath  of  ,  with  having,  on  the  day  of  ,  19 — ,  in 

said  county,  committed  the  offense  of  ,  and  in  the  progress  of  the 

trial  of  said  charge  it  appearing  to  the  said  justice  that  the  said  

has  been  giailty  of  the  offense  of ,  connnitted  at  the  time  and  place 

aforesaid;  and  whereas  the  said has  failed  to  give  bail  in  the  sum 

of dollars  ($ )  for  his  appearance  to  answer  at  the  next  session 

of  the  court,  as  required  by  me : 

Therefore,  in  the  name  of  the  state  of  ,  you  are  commanded  to 

receive  the  said into  your  custody,  in  the  said  jail,  and  him  there 

safely  keep  until  he  be  discharged  by  due  course  of  law. 

Given  under  my  hand  this  day  of  ,  19 — . 

NOTE.— See  Wash.  Rem.  Code,  sec.   1935. 


COMPLAINTS— CIVIL. 

951.  Complaint  containing  several  counts. 

952.  Complaint  by  receiver  appointed  pending  suit. 

953.  Complaint  on  promise  of  third  person. 

954.  Complaint  to  recover  statutory  penalty. 

955.  Complaint  against  a  county. 

956.  Complaint  on  express  promise  to  pay  precedent  de"bt. 

957.  Complaint  to  recover  penalty  for  violation  of  ordinance. 

CROSS-REFERENCES. 

Complaint  Against  Administrator  or  Executor,  No.  1849. 
Complaint  Against  Borrower  for  Money  Loaned,  No.  2680. 
Complaint  Against  Builder   for  Special   Damages   from   Loss   of   Rent,   No. 
1195. 


361  Complaints — Civil. 

Complaint  Against  Carrier  to  Replevin  Goods,  No.  3280. 

Complaint  Against  Corporation,  No.   1330. 

Complaint  Against  Municipal    Corporation   for   Dainagea   Arising    Through 

Negligent  Control  of  Water  Supply,  No.  2741. 
Complaint  Against  Partners,  No.   2S87. 
Complaint  Against  Sheriff  for  False  Return,  No.  3350. 
Complaint  Against  Sheriff  for  Moneys  Collected,  No.  3'351. 
Complaint  Against  Sheriff  for  Neglecting  to   Return  Execution,  No.  3352. 
Complaint  Against  Sheriff  for  not    Executing   Process,   No.   3253. 
Complaint  Against  Sole  Trader,  No.  3374. 
Complaint  Against  Telegraph    Company    for    Negligence    in    Transmitting 

Message,   No.   2744. 
Complaint  Against  Water    Company   for   Negligence   in   Permitting   Water 

to  Escape,  No.  2743. 
Complaint  Against  Witness  for  Disobeying  Subpoena,  No.  3451. 
Complaint  and  Notice — Justice's  Court — Washington,  No.  3549. 
Complaint  Before  Railroad  Commission,  No.  3205. 
Complaint  by  Accepter,  Without  Funds,  Against  Drawer,  No.  735. 
Complaint  by  Administrator,    No.    1848. 

Complaint  by  Administrators  on  Promissory  Note,  No.  3138. 
Complaint  by  Assignee,   No.   529. 

Complaint  by  Assignee  for  Benefit  of  Creditors,  No.  552. 
Complaint  bv  Buyer   Against    Seller   for   not   Delivering   Merchandise,   No. 

1208. 
Complaint  by  Contractor  for  Extra  Work  Done  Under  Contract  Modified, 

No.    1196. 
Complaint  by  Corporation,  No.   1329. 
Complaint  by  Corporation  for  Subscription,  No.  1343. 
Complaint  by  Creditor     Against     Stockholder    on     Stockholder's    Liability, 

No.   3400. 
Complaint  by  Executor  for   Citation   to   Person   Alleged  to   have   Concealed 

or  Embezzled  Property,  No.  1812. 
Complaint  by  Holder   Against  Indorser  and   Maker,   No.   3137. 
Complaint  by  Infant,  Suing  by   General  Guardian,   No.  2024. 
Complaint  by  Infant,  Suing  by  Guardian  ad  Litem,  No.  2025. 
Complaint  by  Payee  Against  Drawer  of  Bill  of  Exchange,  No.  734, 
Complaint  by  Seller  Against  Purchaser,  No.  1209. 
Complaint  by  Sheriff  in  Aid  of  Attachment,  No.  618. 
Complaint  by  Surety  Against  Principal.  No.  809. 
Complaint  by  Surviving  Partner,    No.   2888. 
Complaint  by  Tenant    Against    Third    Person    for    Destroying    Pasturage, 

No.   3670. 
Complaint  for  Breach  of  Contract  to  Employ,  No.  1203. 
Complaint  for  Breach  of  Contract  to  Manufacture,  No.  1204. 
Complaint  for  Breach  of  Contract  to  Serve,  No.  1205. 
Complaint  for  Breach  of  Covenant  Against  Encumbrances,  No.  1473. 
Complaint  for  Breach  of  Covenant  of  Quiet  Enjoyment,  No.  2448. 
Complaint  for  Breach  of  Covenant  of  Warranty,  No.  1474. 
Complaint  for  Breach  of  Promise  of  Marriage,  No.  S24. 
Complaint  for  Breach  of  Warranty  of  Title,  No.  1476. 
Complaint  for  Condemnation  of  Land  by  Corporation,  No.  1617. 
Complaint  for  Conversion  of  Personal  Property,  No.  1247. 
Complaint  for  Damages  for  Erecting  a  Nuisance,  No.  2820. 
Complaint  for  Damages  for  False  Imprisonment,  No.  1862. 
Complaint  for  Damages  for  Injuries  Received  on  an  Elevator,  No.  2740. 
Complaint  for  Damages  for  Loss  of  Pledge,  No.  297,3. 

Complaint  for  Damages  for   Misrepresentations  as  to    Mining  Property,  No. 
1863. 


Cowdery's  Form  Book.  362 

Complaint  for  Divorce — Desertion,  No.  1577. 

Con, plaint  for  Divorce — Habitual  Intoxication,  No.  1578. 

Complaint  for  Forcible  Detainer,  No.  1900. 

Complaint  for  Forcible  Detainer,  No.  1901. 

Complaint  for  Forcible  Entry,  No.  1898. 

Complaint  for  Forcible  Entry  and  Detainer,  No.  1899. 

Complaint  for  Forcible  Entry  and  Detainer,  No.  1902. 

Complaint  for  Forcible  Entry  and  Detainer— New  Mexico,  No.  1903. 

Complaint  for  Fraudulent  Representations  in  Procuring  Credit,  No.  1976. 

Complaint  for  Goods  Sold,  No.  1987. 

Complaint  for  Hire  of  Furniture,  No.  2449. 

Complaint  for  Holding  Over  After  Expiration  of  Term,  No.  3711. 

Complaint  for  Holding  Over  After  Rent  Due,  No.  3710. 

Complaint  for  Injunction,  No.  2138. 

Complaint  for  Injunction  to    Restrain   Defendants   from   Flowing  Water  on 

Plaintiff's  Land,  No.   2139. 
Complaint  for  Libel  Charging  Plaintiff  With  Violating  Trust  as  Agent,  No. 

2480 
Complaint  for  Libel  Charging  Crime,  Words  not  Libelous  on  Their  Face,  No. 

2481. 
Complaint  for  Libel  Indirectly  Charging  Perjury,  No.  2482. 
Complaint  for  Libel  for  Words  not  Libelous  in  Themselves,  No.  2483. 
Complaint  for  Libel  for  Words  Spoken  in  Foreign  Language,  No.  2484. 
Complaint  for  Malicious  Arrest,  No.  2581. 

Complaint  for  Malicious  Prosecution — Opening  Flume,  No.  2580. 
Complaint  for  Money  Had  and  Received,  No.  2666. 
Complaint  for  Money  Had  and  Received,  No.  2667. 
Complaint  for  Money  Lent  by  Plaintiff's  Testator,  No.  2681. 
Complaint  for  Money  Paid  Out,  No.  2693. 
Complaint  for  Money  Paid  to  Third  Party,  No.  2691. 
Complaint  for  Negligence  Leaving  Pile  of  Earth  in  Highway,  No.  2742. 
Complaint  for  Partition  of  Real  Property,  No.  2860. 

Complaint  for  Partition  of  Land  Held  in  Common  With  Estate,  ^o.  2861. 
Complaint  for  Refusal  to  Marry,  No.  825. 
Complaint  for  Rent  of  Land— Justice's  Court,  No.  2450. 
Complaint  for  Repayment  of  Deposit,  No.  1206. 
Complaint  for  Repayment  of  Money  Paid  Where  Judgment  Reversed,  No. 

2692. 
Complaint  for  Replevin  of  Goods  in  the  Hands  of  Officer  Levying  Execu- 
tion, No.  3281. 
Complaint  for  Search-warrant,  No.  3330. 
Complaint  for  Services  of  Minor  Son,  No.  3342. 
Complaint  for  Services  Rendered  at  Fixed  Price,  No.  3341. 
Complaint  for  Trespassing  Cattle,  No.  3671. 
Complaint  for  Work  Done  and  Materials  Furnished,  No.  3340. 
Complaint  in  Action  to  Have  a  Deed  Absolute  Declared  a  Mortgage,  No. 

2722 
Complaint  in  Action  to  Recover  Damages  for  Revocation  of  Submission  to 

Arbitration,  No.  417. 
Complaint  in  Claim  and  Delivery,  No.  882. 
Complaint  in   Ejectment  by   Tenants   in   Common   Against  Strangers,   No. 

1603. 
Complaint  in  Ejectment — Fee  Simple,  No.  1600. 
Complaint  in  Ejectment— Prior  Possession,  No.  1601. 
Complaint  in  Intervention,  No.  2185. 
Complaint  in  Quo  Warranto,  No.  3200. 
Complaint  on  Account  for  Goods  Sold,  No.  1986. 

Complaint  on  Account  Stated,  No.  48.  -       ,,        .  ,     t^ 

Complaint  on  Bond  for  Government   Work  to  Recover   for  Matenal=   Fur- 
nished to  the  Contractor,  No,  1197. 


363  Complaints — Civil.  Form  951 

Complaint  on  Bond  to  Convey  Land,  No.  1207. 

Complaint  on  Endowment  Policy,  No.  2169. 

Complaint  on  Fire  Insurance  Policy,  No.  2170. 

Complaint  on  Fire  Insurance  Policy  by  Transferee  of  Property,  No.  2175. 

Complaint  on  Foreign  Judgment,  Nos.  2231,  2255. 

Complaint  on  Insurance  Policy  for  Cargo  Lost  by  Fire,  No.  2174. 

Complaint  on  Judgment,  No.  2257. 

Complaint  on  Life  Insurance  Policy,  No.  2172. 

Complaint  on  Life  Insurance  Policy  by  Wife,  Partner  or  Creditor,  No.  2173. 

Complaint  on  Lost  Note,  No.  3142. 

Complaint  on  Partnership  Note,  No.  3141. 

Complaint  on  Promissory  Note,  Nos.  3136,  3140. 

Complaint  on  Promissory  Note — Justice's  Court,  No.  3139. 

Complaint  on  Promise  to  Pay  in  Consideration  of  Surrender  of  Lease,  No. 

2447. 
Complaint  on  Undertaking  on  Attachment,  No.  619. 
Complaint  to  Cancel  Deed  and  Correct  Mortgage,  No.  2723. 
Complaint  to  Determine     Conflicting     Claims     to     Eeal     Property  —  North 

Dakota,  No.  3184. 
Complaint  to  Foreclose  Chattel  Mortgage,  No.  1956. 
Complaint  to  Foreclose  Mechanic's  Lien,  No.  1929. 
Complaint  to  Foreclose  Mechanic's  Lien — Short  Form,  No.  1930. 
Complaint  to  Foreclose  Mortgage  on  Land,  No.  1953. 
Complaint  to  Quiet  Title,  Nos.  3180,  3182. 
Complaint  to  Quiet  Title  to  Mining  Claim,  No.  3181. 
Complaint  to  Recover  Subscription  for  Public  Object,  No.  1210. 

No.  951.    Complaint  Containing  Several  Counts. 
[Title  of  Cause.] 

The  plaintiffs  complain,  and  allege: 

1.  That  at  the  times  hereinafter  mentioned  the  plaintiffs  were  part- 
ners, doing  business  in  the  county  of ,  state  of ,  under  the  firm 

name  of  ,  and  the  defendants  were  partners,  doing  business  in  the 

said  county  of  ,  under  the  firm  name  of . 

First.     For  a  first  cause  of  action  the  plaintiffs  allege: 

1.  That  on  the  day  of  ,  19 — ,  at  ,  at  the  request  of 

defendants,  the  plaintiffs  deposited  with  the  defendants  the  sum  of 

dollars  ($ ),  gold  coin  of  the  United  States,  which  sum  the  defend- 
ants promised  to  pay  the  plaintiffs  on  demand. 

2.  That  on  the  day  of  ,  19 — ,  at  ,  the  plaintiffs  de- 
manded payment  of  the  same  from  the  defendants,  but  they  have  not 
paid  the  same. 

Second.     And  for  a  second  cause  of  action  the  plaintiffs  allege: 

1.  That  on  the  day  of  ,  19 — ,  at  ,  the  defendants  re- 
ceived    dollars  ($ )  from  one  ,  to  be  paid  to  the  plaintiffs. 

2.  That  the  defendants  have  not  paid  the  same. 

Third.     And  for  a  third  cause  of  action  the  plaintiffs  allege : 

1.  Tliat  on  the  day  of  ,  19 — ,  at  ,  the  plaintiffs  lent 

to  the  defendants  dollars  ($ ). 

2.  That  the  defendants  have  not  paid  the  same. 
Wherefore   [etc.] . 

[Signatures.] 


Forms  952-954  Cowdery's  Form  Book.  364: 

No.  952.    Complaint  by  Receiver  Appointed  Pending  Suit. 

[Title  of  Cause.] 

The  plaintiff,   as   receiver  of  the  property  of  ,  complains   and 

alleges : 

1.  [State  cause  of  action.] 

2.  That  on  the  day  of  ,  19 — ,  at  the  county  of  ,  and 

state  of ,  in  an  action  then  pending  in  the  said court,  wherein 

was  plaintiff,  and  was  defendant,  upon  an  application  made 

by ,  and  by  order  duly  given  and  made  by  said  court,  this  plaintiff 

was  appointed  receiver  of  the  property  of  the  said  ,  hereinafter 

described,  to  wit, . 

3.  That  thereafter,  and  before  the  commencement  of  the  present 
action,  he  gave  his  bond  required  by  the  said  order,  as  such  receiver, 
approved  by  the  said  judge,  which  bond,  with  such  approval,  is  on  file 
in  the  said  court,  and  was  so  filed  prior  to  the  commencement  of  this 
action. 

4.  That  on  the  day  of  ,  19 — ,  said  receiver  duly  obtained 

leave  of  the  said  court  to  bring  this  action. 

Wherefore  [etc.].  __.       .        , 

[Signature.] 

No.  953.    Complaint  on  Promise  of  Third  Person. 

[Title  of  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  day  of ,  19 — ,  one was,  and  ever  since 

has  been,  indebted  to  the  plaintiff  in  the  sum  of dollars  ($ ). 

2.  That,  on  that  day  the  said was  the  holder  of  a  bill  of  exchange, 

and  then  indorsed  and  delivered  the  same  to  the  defendant ;  in  considera- 
tion of  which,  the  defendant  then  and  there  promised that  he  would 

endeavor  to  collect  the  same,  and  that  when  collected  he  would  apply 
the  proceeds  in  payment  of  said  indebtedness  of  said to  the  plaintiff. 

3.  That  afterward,  on  the day  of ,  19 — ,  the  defendant  col- 
lected and  received  the  same. 

4.  Tliat  no  part  thereof  has  been  paid  to  the  plaintiff. 

Wherefore  [etc.].  r„.        .        - 

[Signature.] 

No.  954.    Complaint  to  Recover  Statutory  Penalty. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges : 

1.  That  on  the  tenth  day  of  September,  1917,  at  R.,  the  defendant 
[here  state  acts  constituting  a  violation  of  the  statute,  either  following 
the  words  of  the  statute,  or  setting  forth  the  facts  more  specifically] 
against  the  form  of  the  statute  [or  statutes,  as  the  case  may  be],  in 
such  case  made  and  provided. 

2.  That  thereby  the  defendant  became  indebted  in  the  sum  of  [amount 

of  penalty]  to  [one  for  whose  use  the  action  is  given],  whereby  an  action 

accrued  to  the  plaintiff  according  to  the  provisions  of   [describing  the 

statute  in  such  terms  as  the  case  may  require]. 

Wherefore  [etc.].  rr^-       ■        -. 

[Signature.] 


365  Complaints — Civil.  Forms  955-S57 

No.  955.     Complaint  Against  a  County. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  [Allege  defendant's  corporate  existence.] 

2.  That  the  plaintiff  performed  services  for  the  said  defendant  in 
guarding  the  jail  of  said  county,  from  the  second  day  of  January,  1917, 
to  and  including  the  seventh  day  of  July,  1917. 

3.  That  the  sheriff,  with  the  assent,  in  Avriting,  of  the  superior  judge 
of  said  county,  employed  plaintiff  to  perform  said  service  as  a  temporary 
guard  for  -the  protection  of  the  county  jail,  and  for  the  safekeeping  of 
prisoners,  and  that  said  employment  was  necessary. 

4.  That  said  sheriff,  at  the  time  of  employing  said  plaintiff,  promised 
plaintiff  that  the  defendant  would  pay  plaintiff  for  said  services  what 
they  were  reasonably  worth,  and  that  said  services  were  reasonably 
worth  the  sum  of  $200. 

5.  [Allege  presentation,  rejection,  and  nonpayment  of  claim  as  in  pre- 
ceding fonn.] 

6.  [If  there  are  other  claims  for  similar  services,  performed  at  dif- 
ferent dates,  allege  them  as  separate  causes  of  action  ] 

No.  956.    Complaint  on  Express  Promise  to  Pay  Precedent  Debt. 

[Title  of  Cause.] 
The  plaintiff  complains,  and  alleges : 

1.  That  on  the  day  of  ,  19—,  at  ,  the  defendant  was 

then  indebted  to  the  plaintiff  in  the  sum  of  dollars   ($ )   for 

■ .     In  consideration  thereof,  he  then  promised  to  pay  to  the  plaintiff 

the  said  sum  on  the  day  of ,  19 — . 

2.  That  he  has  not  paid  the  same,  nor  any  part  thereof. 
Wherefore  [etc.]. 

[Signature.] 

No.  957.    Complaint  to  Recover  Penalty  for  Violation  of  Ordinance. 

[Title  of  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  or  about  the  day  of ,  19—,  the  board  of  super- 
visors of  the  county  of ,  in  pursuance  of  the  power  in  them  vested 

by  law,  passed  a  law  entitled  "An  order,  regulation,  or  ordinance"  [etc.], 
a  copy  of  which  is  annexed  as  a  part  of  this  complaint. 

2.  That  since  the  passing  thereof,  to  wit,  on  the  day  of  , 

19 — ^  the  defendant  ,  contrary  to  the  provisions  of  the  said  ordi- 
nance above  mentioned:  . 

3.  That  by  reason  of  the  premises,  the  defendant  forfeited  to  the 
plaintiff  the  sum  of dollars  ($ ). 

Wherefore  [etc.]. 

[Annexed  copy  of  ordinance.] 

[Signature.] 


Cowdery's  Form  Book.  366 


COMPLAINTS— CRIMINAL. 

982.  Complaint  or  information  that  public  offense  has  heen  committea. 

983.  Complaint  for  crime — Justice's  court. 

984.  Complaint  for  crime^JiTstice's  court — North  Dakota. 

985.  Complaint — Battery — Jus  ice's  court. 

986.  Complaint — Common  drunkard — Justice's  court. 

987.  Complaint — Vagrancy — Justice's  court. 

988.  Complaint  for  cruelty  to  animals — Justice's  court. 

989.  Complaint — Disturbing  the  peace — Justice's  court. 

990.  Complaint — Doing  business  without  a  license — Justice's  court. 

991.  Complaint — Drawing    and    exhibiting    a    deadly    weapon — Justice's 

court. 

992.  Complaint — Gaming — In  general — Justice's  court. 

993.  Complaint — Keeping  a  disorderly  house — Justice's  court 

994.  Complaint — Maintaining  a  public  nuisance — Justice's  court. 

995.  Complaint — Malicious  mischief— Justice's  court. 

996.  Complaint — Misdemeanor  embezzlement  by  agent — Justice's  court. 

997.  Complaint — Misdemeanor  embezzlement  by  bailee — Justice's  court. 

998.  Complaint — Obtaining  money,   personal   property   or  labor   by  false 

pretenses — Justice's  court. 

999.  Complaint — Petit  larceny — Justice's  court. 

1000.  Complaint — Selling  intoxicating  licLUors  to  common  drunkards  or  to 

Indians — Justice's  court. 

1001.  Complaint — Simple  assault — Justice's  court, 

1002.  Complaint — "Cubic-air"  law — Letting  a  room  in  violation  of — Jus- 

tice's court. 

1003.  Complaint — "Cubic-air"  law — Using  a  room  in  violation  of — Justice's 

court, 

1004.  Complaint — Keeping  house  of  ill  fame — Justice's  court. 

1005.  Complaint — Residing  in  a  house  of  ill  fame — Justice's  court. 

1006.  Complaint — Keeping  opium  resort — Justice's  court. 

1007.  Complaint — Visiting  place  where  opium  is  used — Justice's  court. 

1008.  Complaint — Keeping  office  open  for  sale  of  lottery  tickets — Justice's 

court. 

1009.  Complaint — Maintaining  lottery — Justice's  court. 

1010.  Complaint — Selling  lottery  tickets — Justice's  court. 

1011.  Complaint — Allowing    rubbish    to    accumulate    on    street — Justice's 

court. 

1012.  Complaint — Carrying  a  concealed  weapon — Justice's  court. 

1013.  Complaint — Depositing  rubbish  in  street^Justice's  court. 

1014.  Complaint — Discharging  firearms  within  city  limits — Justice's  court. 

1015.  Complaint — Employing  a  minor  in  exhibition — Justice's  court. 

1016.  Complaint — Having  a  lottery  ticket  in  possession — Justice's  court. 

1017.  Complaint — Having  possession  of  gambling  tools — Justice's  court. 

1018.  Complaint — Ke<^ping  a  minor  in  a  house  of  prostitution — Justice's 

court. 

1019.  Complaint — Obstructing  a  railroad — Justice's  court. 

1020.  Complaint — Obstructing  a  sidewalk — Justice's  court. 

1021.  Complaint — Obstructing  a  street — Justice's  court. 

1022.  Complaint — Peddling  without  a  license — Justice's  court. 

1023.  Complaint — Refusing  to  "move  on  and  disperse" — Justice's  court. 

1024.  Complaint — Violation  of  fire  ordinance — Justice's  court. 

1025.  Complaint — Violation    of    hack    ordinance — Disobedience    of    police 

directions — Justice's  court. 

1026.  Complaint — Violation    of   hack    ordinance — Soliciting   business — Jus- 

tice's court. 

1027.  Complaint — Violation  of  health  ordinance — Iieaviug  stagnant  water, 

etc.,  upon  premises — Justice's  court. 


367  Complaints — Criminal.  Form  9S2 

1028.  Complaint — Violation    of    health    ordin:i:ice — Wrongful    placing    of 

vault — Justice's  court. 

1029.  Complaint — Violation  of  water  ordinance — Justice's  court. 

1030.  Complaint — Visiting  a  gambling-house — Justice's  court. 

1031.  Complaint — Visiting  a  house  of  ill  fame — Justice's  court. 

1032.  Complaint — Visiting  gambling-house — Justice's  court. 

1033.  Complaint — Vulgar  langaage — Justice's  court. 

1034.  Complaint — Robbery. 

1035.  Complaint — Assault  with  a  deadly  weapon. 

1036.  Complaint — Forgery — Justice's  court. 

1037.  Complaint — Assault  to  murder. 

1038.  Complaint — Receiving  stolen  goods. 

1039.  Complaint — Burglary  in  the  first  degree. 

1040.  Complaint — Uttering  fictitious  check,  etc. — Justice's  court. 

1041.  Complaint — Receiving  .stolen  property— Justice's  court. 

1042.  Complaint — Petit  larceny  with  previous  conviction. 

1043.  Complaint — Obtaining  goods  or  money  by  false  pretenses — Justice's 

court. 

1044.  Complaint — Omitting  to  provide  for  n^lnor  child— Justice's  court. 

1045.  Complaint — Making  or  passing  fictitious  instrument — Justice's  court. 

1046.  Complaint — Grand  larceny, 

1047.  Complaint — Attempt  to  commit  burglary — Justice's  court. 

1048.  Complaint — Assault  with  a  deadly  weapon— Justice's  court. 

1049.  Complaint— Assault   by   means    and    force    likely   to    produce    great 

bodily  injury — Justice's  court. 

1050.  Complaint — Assault  with  intent  to  commit  m.urder— Justice's  court. 

1051.  Complaint— Assault  with  attempt  to  commit  robbery— Justice's  court. 

No.  982.    Complaint  or  Information  That  Public  Offense  has  Been  Com- 
mitted. 

Before  ,  Justice  of  the  Peace  of  the  County  of ,  State  of , 

as  Magistrate. 
[Title  of  Cause.]  [Title  of  Form.] 

,  being  duly  sworn,  makes  complaint  under  oath,  and  says  that, 

on  the  day  of  ,  19—,  a  public  offense,  to  wit,  the  crime  of 

. J  triable  in  said  county,  was  committed  in  said  county  and  state, 

contrary  to  the  form,  force,  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 

state  of . 

And  this  complainant,  upon  oath,  accuses  the  said  defendant,  , 

of  having  committed  the  said  crime,  and  prays  that  a  warrant  of  arrest 
issue,  to  apprehend  the  accused,  and  that  he  be  brought  before  a  magis- 
trate to  be  dealt  with  according  to  law. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

jg-QTE. — This  form  is  applicable  to  all  public  offenses  examinable  by  a 
magistrate.  It  will  be  noticed  that,  in  examination  cases  generally,  before 
a  magistrate,  the  statute  in  one  place  refers  to  the  initial  proceeding  as 
an  "information,"  probably  as  being  more  expressive  than  the  word  "com- 
plaint"; but  in  another  place  it  refers  to  the  "charge"  made  as  a  "com- 
plaint." This  has  a  tendency  to  confuse  the  mind,  but  upon  investigation  it 
will  be  found  that  the  words  "information,"  "charge,"  and  "complaint,"  in 
proceedings  before  committing  magistrates,  practically  mean  the  same  thing: 


Forms  983-985  Cowdery's  Form  Book.  368 

See  Cal.  Pen.  Code,  sees.  811,  858,  872.  But  all  proceedings  and  actions 
before  a  justice's  or  police  court,  for  a  public  offense  which  such  courts 
have  jurisdiction  to  try,  must  be  commenced  by  "complaint"  under  oath: 
See  Cal.  Pen.  Code,  sees.  811,  1426. 

No.  983.    Complaint  for  Crime — Justice's  Court. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the day  of  ,  19 — ,  in  the  county  of  ,  state  of  ,  the 

crime  of  misdemeanor,  namely,  ,  was  committed,  to  wit,  by  , 

who  then  and  there  did  willfully  and  unlawfully  ,  contrary  to  the 

form,  force,  and  effect  of  the  statute  in  such  case  made  and  provided, 

and  against  the  peace  and  dignity  of  the  people  of  the  state  of . 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

No.  984.    Complaint  for  Crime — Justice's  Court — North  Dakota. 

State  of  ,  County  of . 

[Title  of  Cause.]  In  Justices'  Court,  Before ,  J.  P. 

,  being  first  duly  sworn,  says  that  on  the day  of ,  191 — , 

in  said  county,  the  above-named  defendant  did  ,  against  the  peace 

and  dignity  of  the  state  of  . 

Wlierefore  complainant  prays  that  said  defendant  may  be  arrested 
and  dealt  with  according  to  law. 

[Signature.] 
Subscribed  and  sworn  to  [etc.], 

,  Justice  of  the  Peace. 

NOTE.— Comp.  Laws  1913,  sec.  9134. 

No.  985.     Com_plaint — Battery — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that  on 

tlie  day  of  ,  191 — ,  in  the  county  of  ,  state  of  ,  the 

crime  of  misdemeanor,  namely,  battery,  was  committed,  to  wit,  by  , 

who  then  and  there  did  willfully  and  unlawfully  use  force  and  violence 

in  and  upon  the  person  of ,  contrary'  to  the  form,  force,  and  effect 

of  the  statute  in  svich  case  made  and  provided,  and  against  the  peace 

and  dignity  of  the  people  of  the  state  of . 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  sigiiature.] 

NOTE.— See  Cal.  Pen.  Code,  sec  242. 


369  Complaints — Criminal.  Forms  986, 987 

No.  986.    Complaint — Common  Drunkard— Justice's  Court. 
[Title  of  Cause.] 

State  of  , 

County  of  ,  ss. 


,  being  duly  sworn,  makes  complaint  under  oath  and  says  that  on 

the  day  of ,  19 — ,  and  from  said  day  of  ,  19 — ,  up 

to  the  time  of  the  making  of  this  complaint,  in  the  county  of ,  state 

of ,  the  crime  of  misdemeanor,  namely,  being  a  common  drunkard, 

was  committed,  to  wit,  by ,  who  then  and  there,  and  from  said 

day  of  ,   19 — ,   up  to  the   time   of  the   making  of  this   complaint, 

willfully  and  unlawfully  was,  has  been,  and  still  is,  a  common  drunkard, 
contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of . 

No.  987.    Complaint — Vagrancy — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  sa. 

— ^,  being  duly  sworn,  makes  complaint  nnder  oath  and  says  that 

on  the  day  of  ,  19 — ,  and  from  said  day  of  ,  19 — , 

up  to  the  time  of  the  making  of  this  complaint,  in  the  county  of  , 

state  of ,  the  crime  of  misdemeanor,  namely,  being  a  vagrant,  was 

committed,  to  wit,  by ,  who  then  and  there,  and  from  said day 

of  ,  19 — ,  up  to  the  time  of  the  making-  of  this  complaint,  will- 
fully and  unlawfully  was  without  visible  means  of  living  [or,  was  a 
healthy  beggar,  who  solicited  alms  as  a  business ;  or,  roamed  about  from 
place  to  place  without  any  lawful  business;  or,  was  known  to  be  a  pick- 
pocket [thief,  burglar,  or  confidence  operator,  as  it  may  be],  by  his 
own  confession  [or  by  his  having  been  convicted  of  either  offense,  ac- 
cording to  the  fact],  and,  having  no  visible  or  lawful  means  of  support, 
was  found  loitering  around  a  specified  steamboat  landing,  or  railroad 
depot,  banking  institution,  broker's  ofuce,  place  of  amusement,  auction- 
room,  store,  shop,  crowded  thoroughfare,  car,  omnibus,  public  gather- 
ing or  assembly,  according  to  the  fact ;  or,  was  an  idle  [or  lewd,  or  dis- 
solute] person;  or,  was  an  associate  of  known  thieves;  or,  wandered 
about  the  streets  at  late  and  unusual  hours  of  the  night,  without  any 
visible  or  lawful  business;  or,  lodged  in  a  barn  [or  shed,  shop,  out- 
house, vessel,  or  place  other  than  such  as  is  kept  for  lodging  purposes], 
without  the  permission  of  the  owner  or  party  entitled  to  the  possession 
thereof ;  or,  lived  in  and  about  houses  of  ill  fame ;  or,  acted  as  a  runner 
[or  capper]  for  attorneys  in  and  about  police  courts  [or  city  prisons, 
as  it  may  be]  ;  or,  was  a  common  prostitute;  or,  was  a  common  drunk- 
ard] ;  that  the  said then  and  there  had  the  physical  ability  to  work, 

but  did  not  seek  employment;  and  that  employment  was  offered  to  the 

Form  Book — 24 


Forms  988-990  Cowdery's  Form  Book.  370 

said ,  but  that  he  did  not  labor  when  employment  was  offered  him, 

contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  647. 

No.  988.    Complaint  for  Cruelty  to  Animals — Justice's  Court. 

[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of 


the  crime  of  misdemeanor,  namely,  cruelty  to  animals,  was  committed, 
to  wit,  by  ,  who  did  then  and  there  willfully,  unlawfully,  mali- 
ciously,   and    cruelly    torture,    torment,    and    injure    a   certain    animal, 

namely,    a   by   ,    thereby   causing   great   pain    to    said   , 

contrary  to  the  form,  force  and  effect  of  tlie  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  tlie 
state  of  . 

NOTE.— See  Cal.  Pen.  Code,  sec.  597. 

No.  989.    Complaint — Disturbing  the  Peace — Justice's  Court. 

[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the day  of  • — ■ — ,  19 — ,  in  the  said  county  of  — — ,  state  of -, 

the  crime  of  misdemeanor,  namely,  disturbing  the  peace,  was  committed, 
to  wit,  by ,  who  then  and  there  did  willfully,  unlawfully,  and  mali- 
ciously disturb  the  peace  and  quiet  of  the  neighborhood  of ,  in  said 

county  and-  state,  by  then  and  there  making  loud  and  unusual  noises, 
contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of • 

NOTE.— See  Cal.  Pen.  Code,  sec.  415. 

No.  990.    Complaint — Doing    Business    Without    a    License — Justice's 
Court. 

[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  and  from  said  day  of .  19 — , 

up  to  the  time  of  the  making  of  this  complaint,  in  the  county  of  — — -, 


371  Complaints — Criminal.  Forms  991, 992 

state  of,  the  crime  of  misdemeanor,  namely,  doing  business  without  a 

license,  was  committed,  to  wit,  by ,  who  then  and  there,  and  from 

said  day  of  ,  191 — ,  up  to  the  time  of  the  making  of  this 

complaint,  willfully  and  unlawfully  commenced  and  carried  on  the  busi- 
ness of  ,  without  having-  first  taken  out  and  procured  the  license 

prescribed  by  law  for  the  transacting  or  carrying  on  of  said  business, 
contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  435, 

No.  991.    Complaint — Drawing  and  Exhibiting  a  Deadly  Weapon — Jus- 
tice's Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  tlie  day  of  ,  19 — ,  in  the  county  of  ,  state  of , 

the  crime  of  misdemeanor,  namely,   drawing  and  exhibiting  a  deadly 

weapon,  was  committed,  to  wit,  by  ,  who  then  and  there  did,  in 

the  presence  of  two  persons,  willfully  and  unlawfully  draw  and  exliibit, 
in  a  rude,  angry,  and  threatening  manner,  and  not  in  necessary  self- 
defense,  a  certain  deadly  weapon,  to  wit,  ,  contrary  to  the  form, 

force  and  effect  of  the  statute  in  such  case  made  and  provided,  and 
against  the  peace  and  dignity  of  the  people  of  the  state  of , 

NOTE.— See  Cal.  Pen.  Code,  sec.  417. 

No.  992.    Complaint — Gaming — In  General — Justice's  Court. 

[Title  of  Cause.] 

State  of , 

County  of ,  ss. 


,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  misdemeanor,  namely,  gaming,  was  committed  to  wit,  by 

■ ,  who  did  then  and  there  willfully  and  unlawfully  deal,  play,  carry 

on,  open,  conduct,  and  cause  to  be  opened  and  conducted,  a  certain 
game  known  as  and  called  by  the  name  of  — ^ — ;  said  game  being  then 
and  there  played  for  money  and  other  representatives  of  value  to  com- 
plainant unknown;   and   said  game  being  then  and  there  played  with 

,  contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case 

made  and  provided,  and  against  the  peace  and  dignity  of  the  people 
of  the  state  of . 

NOTE.- See  Cal.  Pen.  Code,  sec.  330. 


Forms  993-995  Cowdery's  Form  Book.  372 

No.  993.    Complaint — Keeping  a  Disorderly  House — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  tinder  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of 


the  crime  of  misdemeanor,  namely,  keeping  a  disorderly  house,  was 
committed,  to  wit,  by  ,  who  then  and  there  did  willfully  and  un- 
lawfully keep  and  maintain  a  disorderly  house,  to  wit,  at  ,  by 

which  the  peace,  comfort,  and  decency  of  the  immediate  neighborhood 
was  then  habitually  disturbed,  contrary  to  the  form,  force,  and  effect  of 
the  statute  in  such  case  made  and  provided,  and  against  the  peace  and 
dignity  of  the  people  of  the  state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  316. 

No.  994.  Complaint — Maintaining  a  Public  Nuisance — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  191 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  misdemeanor,  namely,  maintaining  a  nuisance,  was  com- 
mitted, to  wit,  by  ,  who  did  then  and  there  willfully  and  unlaw- 
fully suffer  and  permit  certain  premises  there  situate,  in  street, 

between  and  streets,  in  the  town  of  ,  and  belonging  to 

and  occupied  by  the  said  ,  to  become  nauseous,   foul,   offensive, 

and  prejudicial  to  public  health  and  public  comfort ;  said  nuisance  being 

caused  by  the  said allowing ;  and  said  nuisance  then  and  there 

being  indecent,  and  offensive  to  the  senses  and  injurious  to  the  health 
of  many  people  in  the  vicinity,  and  interfering  with  the  comfortable 
enjoyment  of  life  and  property  by  a  considerable  number  of  persons  in 
the  community  or  neighborhood,  contrary  to  the  form,  force  and  effect 
of  the  statute  in  such  case  made  and  provided,  and  against  the  peace 
and  dignity  of  the  people  of  the  state  of  . 

NOTE.— See  Cal.  Pen.  Code,  sec.  370. 

No.  995.    Complaint — Malicious  Mischief— Justice's  Court. 

[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the day  of ,  19 — ,  in  the  county  of  — — ,  state  of  ,  the 

crime  of  misdemeanor,  namely,  malicious  mischief,  was  committed,  to 
wit,  by  ,  who  then  and  there  did  willfully,  unlawfully,  and  mali- 


373  Complaints — Criminal  Forms  996, 997 

ciously  break   and   injure   certain  personal  property  not  his  own,  but 

of  the  personal  property  of  one  ,  to  wit,  ,  by  then  and  there 

striking  said  with  violence  and  without  cause,  and  thus  injuring 

said  ,  then  and  there  the  personal  property  of  ,  and  with  in- 
tent then  and  there  to  injure  the  said  ,  contrary  to  the  form,  force 

and  effect  of  the  statute  in  such  case  made  and  provided,  and  against 
the  peace  and  dignity  of  the  people  of  the  state  of , 

NOTE.— See  Cal.  Pen.  Code,  sec.  594. 

No.*  996.    Complaint — Misdemeanor  Embezzlement  by  Agent — Justice's 

Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  misdemeanor,  namely,  embezzlement  by  agent,  was  com- 
mitted, to  wit,  by  ,  who  then  and  there  was  the  clerk,  agent,  and 

servant  of  ,  and  then  and  there,  by  virtue  of  his  employment  as 

such   agent,   clerk,  and  servant,   there   came  into  the  possession,   care, 

custody,  and  control  of  him,  the  said  ,  certain  property,  to  wit, 

— — ,  of  the  value  of dollars  ($ ),  current  lawful  money  of  the 

United  States  of  America,  and  the  personal  property  of  the  said  , 

and  he,  the  said  ,  after  the  said  personal  property  had  come  into 

his  possession,  care,   custody,   and  control  as   aforesaid,  did  then  and 

there,  in  said  county  of  ,  state  of  ,  and  on  said  day  of 

■ ,   19 — ,   willfully,  unlawfully,   and   fraudulently   convert,   embezzle, 

and  appropriate  the  same  to  his  own  use,  with  intent  to  feloniously 
steal  the  same,  contrary  to  his  trust  as  such  clerk,  agent,  and  servant, 
and  contrary  to  the  form,  force  and  effect  of  the  statute  in  such  ease 
made  and  provided,  and  against  the  peace  and  dignity  of  the  people 
of  the  state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  508. 

No.  997.    Complaint — Misdemeanor  Embezzlement  by  Bailee — Justice's 

Court, 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 


the  crime  of  misdemeanor,  namely,  embezzlement  by  bailee,  was  com- 
mitted, to  wit,  by  ,  who  was  then  and  there  intrusted  as  bailee 

by  with  the  following  personal  proj^erty  of ,  to  wit:  ,  of 

the  value  of dollars  ($ ),  current  lawful  money  of  the  United 


Form  998  Cowdery's  Form  Book.  374: 

States  of  America;  and  the  said  then  and  there  received  the  said 

personal  property  as  bailee,  upon  the  condition  that  he  would  ; 

and  while  the  said ,  so  intrusted  as  aforesaid,  was  in  the  possession 

of  the  said  personal  property,  he,  the  said  ,  did,  in  the  count}-  of 

,  state  of  ,  and  on  the  date  aforesaid,  willfully,  unlawfully, 

and  fraudulently  convert  and  appropriate  the  same  to  his  own  use,  with 
the  intent  to  feloniously  steal  the  same,  contrary  to  his  said  trust  as 
said  bailee,  and  contrary  to  the  form,  force,  and  effect  of  the  statute  in 
such  case  made  and  provided,  and  against  the  peace  and  dignity  of  the 
people  of  the  state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  507. 

Under  the  California  statute,  embezzlement  is  punishable  in  the  manner 
prescribed  for  feloniously  stealing  property  of  the  value  of  that  embez- 
zled: See  Cal.  Pen.  Code,  sec.  514.  The  complaint  should,  therefore,  always 
allege  value,  as  in  larceny,  to  show  whether  the  crime  is  a  misdemeanor 
or  a  felony.  In  California,  if  the  value  of  the  property  taken  exceeds  fifty 
dollars  ($50),  the  crime  is  a  felony:  See  Cal.  Pen.  Code,  sees.  487,  514. 

No.  998.    Complaint — Obtaining  Money,  Personal  Property,  or  Labor 

by  False  Pretenses — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  misdemeanor,  namely,  obtaining  money  and  personal  prop- 
erty by  false  pretenses,  was  committed,  to  wit,  by ,  who  then  and 

there  devising  and  intending,  by  unlawful  ways  and  means,  and  by  false 
and  fraudulent  pretenses  and  representations,  to  obtain  and  get  into 

his  possession  the  money  and  personal  property  of  ,  with  intent 

to  cheat  and  defraud,  and  thereby  then  and  there  to  cheat  and  defraud 

said  of  the  same,  did  then  and  there   willfully  and  unlawfully, 

knowingly   and   designedlj^,   and   falsely   and   fraudulently   pretend   and 

represent  to  the  said  that  ,  whereas  in  truth  and  in  fact  all 

of  said  pretenses  and  representations  were  then  and  there  false,  fraudu- 
lent, and  untrue,  and  then  and  there  well  known  so  to  be  by  the  said 
;  and  the  said ,  then  and  there  believing  the  said  false  and  fraud- 
ulent pretenses  and  representations  so  made  as  aforesaid  by  the  said 

to  be  true,  and  reljang  thereon,  and  being  deceived  thereby,  was 

induced,  by  reason  of  his  confidence  in  the  truth  of  said  false  and 
fraudulent  pretenses  and  representations  so  made  as  aforesaid,  to  de- 
liver, and  did  then  and  tliere  deliver,  to  the  said  certain  money 

and  personal  property,  to  wit, ,  of  the  value  of dollars  ($ ), 

current  lawful  monej'  of  the  United   States  of  America,  and  of  the 

money  and  personal  property  of  the  said  ;  and  the  said  ,  by 

means  of  the  said  false  and  fraudulent  pretenses  and  representations 
so  made  as   aforesaid,  did  then  and  there  willfully  and   unlawfully, 


375  Complaints — Criminal.  Forms  999, 1000 

knowingly,  designedly,  and  fraudulently  receive  and  obtain  from  said 

• ,  the  said  money  and  personal  property  hereinbefore  described  and 

set  forth,  with  intent  to  cheat  and  defraud  the  said  of  the  same, 

and  the  said did  then  and  there  willfully,  unlawfully,  and  fraudu- 
lently take  and  carry  away  the  same ;  and  the  said ,  in  the  manner 

and  by  the  means  aforesaid,  did  then  and  there  and  thereby  willfully 
and  unlawfully,  and  knowingly  and  designedly,  cheat  and  defraud  the 
said  of  the  said  money  and  personal  property  hereinbefore  de- 
scribed and  set  forth;  all  to  the  great  damage  of  the  said  ,  and 

contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 

state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  532. 

No.  999.    Complaint — Petit  Larceny — Justice's  Court. 

[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of 


the  crime  of  misdemeanor,  namely,  petit  larceny,  was  committed,  to 
wit,  by  ,  who  then  and  there  did  willfully,  unlawfully,  and  felo- 
niously steal,  take,  and  carry  away  certain  personal  property,  to  wit, 

,  of  the  value  of  dollars   ($ — -),  current  law^ful  money  of 

the  United  States  of  America,  and  of  the  personal  property  of  , 

contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 

state  of . 

NOTE. — See  Cal.  Pen.  Code,  sec.  484. 

Ho.  1000.     Complaint — Selling  Intoxicating  Liquors  to  Common  Drunk- 
ards or  to  Indians — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 


,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  state  of  , 

the  crime  of  misdemeanor,  namely,  selling  intoxicating  liquors  to  com- 
mon  drunkards,   was   committed,   to  wit,  by  ,   who   did   then   and 

there  willfully  and  unlawfully  sell  and  furnish  to,  and  caused  to  be 

sold  and  furnished  to, and ,  who  were  then  and  there  habitual 

and  common  drunkards,  certain  intoxicating  liquors,  to  wit,  ,  con- 
trary to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of  . 

NOTE.— See  Cal.  Pen.  Code,  sec.  397. 


Forms  1001-1003        Cowdery's  Form  Book.  376 

:Mo.  1001.    Complaint— Simple  Assault— Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  misdemeanor,  namely,  simple  assault,  was  committed,  to 

■^yit,  by ,  who  then  and  there  did  willfully  and  intentionally  make 

an   unlawful   attempt,   having  then   and   there   the   present   ability,   to 

commit  a  violent  injury  on  the  person  of  • by  then  and  there,  in  a 

threatening  manner  ,   contrary  to   the  form,   force   and   effect   of 

the  statute  in  such  case  made  and  provided,  and  against  the  peace 
and  dignity  of  the  people  of  the  state  of . 

NOTE. — See  Cal.  Pen.  Code,  sec.  240. 

No.  1002.    Complaint— "Cubic-air"   Law— Letting  a  Room  in  Viola- 
tion of — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  tinder  oath  and  says  that 

on  the  day  of  ,  19—,  in  the  city  of  ,  state  of  ,  the 

crime  of  misdemeanor,  namely,  letting  a  room  in  violation  of  the  cubic- 
air  law,  was  committed,  to  wit,  by ,  who  then  and  there  being  the 

owner  of  a  certain  building  at  No. street,  between  and 

•^ ■  streets,  in  said  city,  did  then  and  there  willfully  and  unlawfully 

lease,  let,  and  hire  a  certain  room  in  said  building,  to  a  number  of 
persons,  to  wit,  ,  ,  and  ,  wliose  true  names  are  to  com- 
plainant unknown,  for  the  purpose  of  a  lodging  or  sleeping  apartment ; 

that  a  number  of  persons,  to  wit,  ,  ,  and ,  then  and  there 

occupied  such  room  and  apartment  as  a  lodging  or  sleeping  apartment ; 
and  that  such  room  and  apartment  then  and  there  had  less  than  five 
hundred  cubic  feet  of  space  in  the  clear  for  each  person  who  then 
and  there  occupied  such  room  and  apartment  as  aforesaid,  contrary  to 
the  form,  force  and  effect  of  the  statute  in  such  case  made  and  pro- 
vided and  against  the  peace  and  dignity  of  the  people  of  the  state  of 

NOTE.— See  Cal.  Pen.  Code,  sec.  315. 

No.  1003.    Complaint— "Cubic-air"  Law— Using  a  Room  in  Violation 

of — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19—,  in  the  city  of  ,  state  of  ,  the 


377  Complaints — Criminal.        Forms  1004, 1005 

crime  of  misdemeanor,  namely,  using  a  room  in  violation  of  the  cubic- 
air  law,  was  committed,  to  wit,  by ,  who  then  and  there  was  found 

willfully  and  unlawfully  sleeping  and  lodging  in,  and  using,  a  certain 
room  and  apartment  of  a  certain  building  at  No.  —  street,  be- 
tween    and  streets,  in  said  city,  said  room  and  apartment 

being  then  and  there  occupied  and  used  by  other  persons  than  defend- 
ant, whose  names  are  to  complainant  unknown,  and  which  said  room 
and  apartment  then  and  there  had  less  than  five  hundred  cubic  feet  of 
space  in  the  clear  for  each  person  who  then  and  there  occupied  said 
room  and  apartment,  contrary  to  the  form,  force  and  effect  of  the  stat- 
ute in  such  case  made  and  provided  and  against  the  peace  and  dignity 
of  the  people  of  the  state  of  , 

No.  1004.    Complaint— Keeping  House  of  III  Fame— Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  misdemeanor,  namely,  keeping  a  house  of  ill  fame,  was 
committed,  to  wit,  by  ,  who  did  then  and  there  willfully  and  un- 
lawfully keep  and  maintain  a  certain  house  of  ill  fame,  to  wit,  at , 

in  street,  in  said  county  and  state,  which   said  house  was  then 

and  there  resorted  to  for  the  purposes  of  prostitution  and  lewdness, 
contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of  . 

No.  1005.    Complaint— Residing  in  a  House  of  HI   rame— Justice's 

Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  misdemeanor,  namely,  residing  in  a  house  of  ill  fame,  was 
committed,  to  wit,  by  ,  who  then  and  there  did  willfully  and  un- 
lawfully reside  in  a  house  of  ill  fame,  to  wit,  in  street,  between 

and  streets,  in  the  town  of  : ,  in  said  county  and  state, 

which  said  house  was  then  and  there  resorted  to  for  the  purposes  of 
prostitution  and  lewdness,  contrary  to  the  form,  force  and  effect  of 
the  statute  in  such  case  made  and  provided  and  against  the  peace 
and  dignity  of  the  people  of  the  state  of . 

NOTE.— See  Cal.  Pen.  Code,  see.  315. 


Forms  1006-1008        Cowdery's  Form  Book.  378 

No.  1006.    Complaint — Keeping  Opium  Eesort — Justice's  Court. 

[Title  of  Cause.] 

State  of  , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 

the   crime  of  misdemeanor,  namely,  the   keeping  of  an  opium  resort, 

was  committed,  to  wit,  by  ,  who  did  then  and  there  v/illfuUy  and 

unlawfully  keep  and  maintain  a  certain  place,  house,  and  room  there 
situate,  where  opium  and  its  preparations  were  sold,  to  be  there  smoked, 
wlicre  opium  was  then  and  tlicre  smoked,  and  where  other  persons  did 
tlien  and  there  assemble  for  the  purpose  of  smoking  opium  and  inhaling 

the  fumes  of  opium;  said  place,  house,  and  room  being  at  No. 

street,  in  the  town  of ,  in  said  county,  contrary  to  the  form,  force 

and  effect  of  the  statute  in  such  case  made  and  provided  and  against 
the  peace  and  dignity  of  the  people  of  the  state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  307. 

No.  1007.    Complaint — Visiting  Place  Where  Opium  is  Used — Justice's 
Court. 

[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  misdemeanor,  namely,  visiting  place  where  opium  is  used, 

was  committed,  to  wit,  by  ,  who  did  then  and  there  willfully  and 

unlawfully  become  an  inmate  of,   and  a  visitor  to,  a  certain  place, 

house,   and  room  there  situate,   to  wit,   at  No.   —  street,   wliere 

opium  and  its  preparations  were  sold,  to  be  smoked  at  such  place,  and 
wliere  defendant  and  other  persons  did  assemble  for  the  purpose  of 
smoking  opium  and  its  preparations  and  inhaling  the  fumes  thereof, 
contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  307. 

No.  1008.    Complaint  —  Keeping    Office    Open    for    Sale    of    Lottery 

Tickets — Justice's  Court. 
[Title  of  Cause.] 

State  of  , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of  ,  state  of , 

the  crime  of  misdemeanor,  namely,  the  keeping  of  an  office  open  for 


37y  Complaints — Criminal.         Forms  1009,  1010 

the  sale  of  lottery  tickets,  was   committed,  to  wit,  by  ,  who  did 

then  and  there  willfully  and  unlawfully  open,  set  up,  and  keep  at , 

a  certain  office,  room,  and  place  there  situate  for  the  sale  of  tickets 
in  a  certain  lottery,  and  for  the  registering  of  the  numbers  of  tickets  in 

said  lottery,  to  wit,  the  tickets  of  the  ,  contrary  to  the  form,  force 

and  effect  of  the  statute  in  such  case  i-  ide  and  provided  and  against 
the  peace  and  dignity  of  the  people  of  the  state  of  . 

NOTE.— See   Cal.  Pen.  Code,  sec.  323. 

No.  1009.     Complaint — Maintaining  Lottery — Justice's  Court. 

[Title  of  Court.] 
[Title  of  Cause.]  [Title  of  Form.] 

State  of  , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  county  of ,  state  of  , 

the  crime  of  misdemeanor,  namely,  maintaining  a  lottery,  was  com- 
mitted, to  wit,  by  ,  and  ,  who  did   then  and   tliere   willfully 

and  unlaAvfully  contrive,  prepare,  set  up,  propose,  and  draw  a  certain 
lottery,  the  time  and  place  of  which  to  affiant  is  unknown;  said  lottery 
being  then  and  there  a  scheme  for  the  disposal  and  distribution  of 
certain  valuable  property  and  money,  the  true  value  of  which  is  to 
affiant  unknown,  by  chance,  among  certain  persons  wlio  then  and  there 

paid  to  said  defendants  a  certain  valuable  consideration,  to  wit,  , 

for  the  chance  of  obtainino-  said  property  and  money,  iipon  a  certain 
agreement  and  understanding  then  and  there  made  between  said  de- 
fendants and  said  persons  that  said  property  and  money  would  be 
disposed  of  and  distributed  by  lot  and  chance,  contrary  to  the  form, 
force  and  effect  of  the  statute  in  such  case  made  and  provided  and 
against  the  peace  and  dignity  of  the  people  of  the  state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  319. 

No.  1010.    Complaint — Selling  Lottery  Tickets — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  - — —  day  of  ,  19 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  misdemeanor,  namely,  the  selling  of  lottery  tickets,  was 
committed,  to  wit,  by  ,  who  did  then  and  there  willfully  and  un- 
lawfully sell,  give,  furnish,  and  transfer  to  one  a  certain  paper 

and  instrument  purporting  and  understood  to  be  and  to  represent  a 
ticket,  chance,  share,  and  interest  in  and  depending  upon  the  event  of 
a  lottery,  namely,  the  ,  not  authorized  by   the  laws  of  the  state 


Form  1011  Cowdeby's  Form  Book.  380 

of  ,  contrary  to  the  form,  force  and  effect  of  the  statute  in  such 

case  made  and  provided  and  against  the  peace  and  dignity  of  the  peo- 
ple of  the  state  of . 

NOTE.— See  Cal.  Pen.  Code,  sec.  321. 

No.  1011.    Complaint — Allowing  Rubbish  to  Accmnulate  on  Street — 
Justice's  Court. 

[Title  of  Cause.] 

State  of  , 

County  of , 

City  of ,  SB. 

,  being  duly  sworn,  makes  complaint  nnder  oath  and  says  that 

3n  the  day  of  ,  19 — ,  in  the   city  of  ,   county  of  -, 

state   of  ,   the   crime   of   misderncanor,   namely,    allowing  rubbish 

to   accumulate   on   street,   was   commilvcd,   to   wit,   by  ,  who   then 

and  there  being  the  owner,  and  having  control  of  a  certain  building, 
land,   and  premises  fronting  on  a  certain  public  street  there  situate, 

to  wit, ,  did  willfully  and  unlawfully  allow  earth,  sand,  rock,  stones, 

dust,  filth,  rubbish,  garbage,  hay,  straw,  and  other  matter  to  accumulate 

in  said  street,  in  front  of  said  building,  land,  and  premises;  tuat 

the  superintendent  of  public  streets,  highways,  and  squares  of  said 
city  caused  a  notice  to  be  duly  served  on  and  personally  delivered  to 

said  ,  requiring  him,  the  said  ,  to  remove  said  earth,   sand, 

rock,  stones,  dust,  filth,  rubbish,  garbage,  hay,  straw,  and  other  matter 
from  in  front  of  said  building,  land,  and  premises,  from  the  line  of 

said  building,  land,  and  premises,  to  the  center  of  said  street; 

that  more  than  days  have  elapsed  since  said  notice  was  served 

and  received  by  the  said  as  aforesaid,  yet  the  said  has  will- 
fully and  unlawfully  neglected  and  refused,  and  still  does  willfully 
and  unlawfully  neglect  and  refuse,  to  remove  said  earth,  sand,  rock, 
stones,  dust,  filth,  rubbish,  garbage,  hay,  straw,  and  other  matter  from 
in  front  of  said  building,  land,  and  premises,  from  the  line  thereof  to 

the  center  of  said  street,  or  from  any  portion  of  said  street, 

in   front   of   said   building,   land,   and  premises,   thereby  violating   the 

provisions  of  section  of  ordinance  number  ,  of  the  board  of 

supervisors  of  the  city  of  ;   and  all  of  which  is  contrary  to  the 

form,  force,  and  effect  of  the  statute  in  such  case  made  and  provided, 

and  against  the  peace  and  dignity  of  the  people  of  the  state  of . 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 


381  Complaints — Criminal.        Forms  1012-1014 

No.  1012.  Complaint— Oaxrying  a  Concealed  Weapon— Justice's  Court, 
[Title  of  Cause.] 

State  of  , 

County  of , 

City  of  ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19—,  in  the  city  of  ,  county  of  , 

state  of ,  the  crime  of  misdemeanor,  namely,  carrying  a  concealed 

weapon,  was  committed,  to  wit,  by  ,  who  did  then  and  there  will- 
fully and  unlawfully  wear  and  carry  concealed  a  certain  deadly  and 

dangerous  weapon,  to  wit,  a  ;  said  not  then  and  there  being 

a  public  officer,  or  traveler,  and  not  then  and  there  having  a  permit 

from  the  police  commissioners  of  said  city  of to  so  wear  and  carry 

said  weapon,  thereby  violating  the  provisions  of  section  of  ordi- 
nance No.  of  the  board  of  supervisors  of  the  state  of  ,  and 

all  of  which  is  contrary  to  the  form,  force  and  effect  of  the  statute 
in  such  case  made  and  provided  and  against  the  peace  and  dignity  of 
the  people  of  the  state  of  . 

No.  1013.    Complaint— Depositing  Rubbisli  ia  Street— Justice's  Court. 

[Title  of  Cause.] 

State  of f 

County  of , 

City  of  ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,   19—,   in  the   city  of  ,   county   of  -— -, 

state  of  ,  the  crime  of  misdemeanor,  namely,   depositing  rubbish 

in  street,  was  committed,  to  wit,  by  ,  who  did  then  and  there  will- 
fully and  unlawfully  deposit  a  cartload  of  within  the  limits  of 

the  said  city  of ,  and  not  within  that  tract  of  land  lying  and  being 

within  the  boundary  of  the  said  city  of ,  and  described  as  follows : 

,   thereby   violating  the   provisions   of   section   ,   of   ordinance 

No.  of  the  board  of  supervisors  of  the  state  of  ,  and  all  of 

which  is  contrary  to  the  form,  force  and  effect  of  the  statute  in  such 
case  made  and  provided  and  against  the  peace  and  dignity  of  the  peo- 
ple of  the  state  of  . 

No.  1014.    Complaints-Discharging    Firearms    Within    City    Limits- 
Justice's  Court. 
[Title  of  Cause.] 

State  of  , 

County  of  , 

City  of  ,  ss. 

^  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the' ^day  of  ,  19—,  in  the  city  of  ,  county  of  , 

state  of  ,  the  crime  of  misdemeanor,  namely,  discharging  firearms 


Forms  1015,  1016        Cowdery's  Form  Book.  382 

within  city  limits,  was  committed,  to  wit,  by  ,  who  did  then  and 

there  willfully  and  unlawfully  discharge  and  shoot  off  a  certain  fire- 
arm, to  wit,  a ,  within  yards  of  a  public  highway  and  street 

there  situate,  to  wit,  No. street,   and  also  within  yards 

of  a  certain  dwelling-house  there  situate,  to  wit,  the  dwelling-house  of 

,  whose   real  name  is  to   complainant   unknown,   and   witliin   that 

portion  of  said  city  bounded  by  streets,  the  said  then  and 

there  not  having  any  special  permission  in  writing  from  the  mayor 
of  said  city  to  then  and  there  discharge  and  shoot  off  said  firearm,  to 
^it,  said  ,  and  the  said  was  not  then  and  there  shooting  de- 
structive animals  within  or  upon  his  own  inclosure,  thereby  violating 

the  provisions  of  section  ,  of  ordinance  No.  of  the  board  of 

supervisors  of  the  state  of  ,  and  all  of  which  is  contrary  to  the 

form,  force  and  effect  of  the  statute  in  such  case  made  and  provided 
and  against  the  peace  and  dignity  of  the  people  of  the  state  of . 

No.  1015.    Complaints— Employing    a   Minor    in   Exhibition— Justice's 

Court. 
[Title  of  Cause.] 

State  of , 

County  of , 

City  of 


-,  being  duly  sworn,  makes  complaint  nnt^er  oath  and  says  that 

on  the  day  of  ,  19—,  in  the  city  of  ,  county  of  , 

state  of ,  the  crime  of  misdemeanor,  namely,  employing  a  minor  in 

exhibition,  was  committed,  to  wit,  by who  then  and  there  being  a 

parent,  to  wit,  the  father  of  a  certain  child,  to  wit, ,  under  the  age 

of years,  to  wit,  of  the  age  of ,  years,  the  real  name  of  which 

child  is  to   complainant  unknown,   and  the  said  then   and  there 

having  the  care,  custody,  and  control  of  the  said  child,  ,  did  then 

and  there  willfully  and  unlawfully  exhibit,  use,  and  employ  said  child 
in  and  for  the  vocation,  occupation,  service,  and  purpose  of  dancing  for 

liire  in  a ,  to  wit,  at  No. street,  in  said  city,  thereby  violating 

the  provisions  of  section  ,  of  ordinance  No.  ,  of  the  board  of 

supervisors  of  the  state  of ,  and  all  of  which  is  contrary  to  the  form, 

force  and  effect  of  the  statute  in  such  case  made  and  provided  and 
against  the  peace  and  dignity  of  the  people  of  the  state  of . 

No.  1016.    Complaint— Having  a  Lottery  Ticket  in  Possession— Justice's 
Court. 

[Title  of  Cause.] 

State  of  , 

County  of , 

City  of 


,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the ■  day  of ,  19—,  in  the  city  of ,  county  of  ,  state 


383  Complaints — Criminal.        Forms  1017, 101b 

of  ,  the  crime  of  misdemeanor,  namely,  having  a  lottery  ticket  in 

possession,  was  committed,  to  wit,  by  ,  who   did  then  and  there 

Avillfully  and  unlawfully  have  in  his  possession  a  certain  ticket,  certifi- 
cate, paper,  and  instrument,  purporting  representing,  and  understood 
to  be  and  to  represent  a  ticket,  chance,  share,  and  interest  in  and  de- 
pending upon  the  event  of  a  lottery,  and  that  said  possession  was  not 
innocent,  and  was  not  for  a  lawful  purpose;  said  ticket  was  number 

,  and  purported  to  have  been  issued  by  ,  thereby  violating  the 

provisions  of  section ,  of  ordinance  No. ,  of  the  board  of  super- 
visors of  the  state  of  ,  and  all  of  which  is  contrary  to  the  form, 

force  and  effect  of  the  statute  in  such  case  made  and  provided,  and 
against  the  peace  and  dignity  of  the  people  of  the  state  of . 

No.  1017.    Complaint— Having  Possession  of  Gambling  Tools — Justice's 

Court. 
[Title  of  Cause.] 

State  of , 

County  of , 


City  of  ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19—,  in  the  city  of  ,  county  of  , 

state  of  ,  the  crime  of  misdemeanor,  namely,  having  possession  of 

gambling  tools,  was  committed,  to  wit,  by ,  who  then  and  there  will- 
fully and  unlawfully,  had  in  his  possession  one  faro-box  and  spring, 
with  thumb-lever  attachment,  and  one  case-keeper,  whicli  tools  are  now 
in  the  possession  of ,  in  a  certain  house  and  on  premises  there  situ- 
ate, occupied  by  and  under  the  control  of  the  said ,  to  wit,  at  No. 

street,  between  and  streets,  in  said  city,  county,  and 

state,  with  intent  then  and  there  to  use  the  same  as  the  means  of  com- 
mitting a  public  offense,  to  wit,  the  offense  of  opening,  dealing,  playing, 
and  carrying  on  the  banking  game  of  faro,  thereby  violating  the  provi- 
sions of  section of  ordinance  No. of  the  board  of  supervisors 

of  the  state  of  ,  and  all  of  which  is  contrary  to  the  form,  force 

and  effect  of  the  statute  in  such  case  made  and  provided,  and  against 
the  peace  and  dignity  of  the  people  of  the  state  of . 

No.  1018.    Complaint— Keeping  a  Minor  in  a  House  of  Prostitution- 
Justice's  Court. 

[Title  of  Cause.] 

State  of  , 

County  of , 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that  on 

the  day  of  ,  19 — ,  in  tlie  city  of  ,  county  of  ,  state 

of, ,  the  crime  of  misdemeanor,  namely,  keeping  a  minor  in  a  house 

of  prostitution,  was  committed,  to  wit,  by  ,  who  then  and  there, 


Forms  1019, 1020        Cowdery's  Form  Book.  3S4 

being  the  proprietor,  keeper,  manager,  conductor,  and  person  having  the 
control  of  a  certain  house  of  prostitution,  and  house  and  room  resorted 
to  for  the  purpose  of  prostitution,  there  situate,  did  willfully  and  unlaw- 
fully admit  and  keep  a  certain  minor,  to  wit,  ,  of  the  age  of  seven- 
teen years,  therein,  thereby  violating  the  provisions  of  section  ,  of 

ordinance  No.  ,  of  the  board  of  supervisors  of  the  state  of  , 

and  all  of  which  is  contrary  to  the  form,  force  and  effect  of  the  statute 
in  such  case  made  and  provided,  and  against  the  peace  and  dignity  of 
the  people  of  the  state  of . 

No.  1019,    Complaint— Obstructing  a  Railroad— Justice's  Court. 
[Title  of  Cause.] 

State  of  , 

County  of, , 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that  on 

the  day  of ,  19—,  in  the  city  of ,  coimty  of ,  state  of 

,  the  crime  of  misdemeanor,  namely,  obstructing  a  railroad,  was 

committed,  to  wit,  by ,  who  did  then  and  there  willfully  and  unlaw- 
fully obstruct  a  certain  railroad  car  then  and  there  belonging  to  the 

,  a  corporation  then  and  there  existing  under  and  by  virtue  of  the 

laws  of  the  state  of ,  to  wit,  by  then  and  there  willfully,  unlawfully, 

and  while  said  car  was  in  motion  and  driving  in  and  along  and  upon 

street,  in  said  city,  put  and  place  a  certain in  and  upon,  along 

and  across,  the  track  upon  which  said  railroad  car  was  then  and  there 

so  driven  upon  said  street  as  aforesaid,  and  did  then  and  there 

willfully  and  unlawfully  stop,  delay,  hinder,  and  obstruct  said  railroad 

car  in  its  passage  in  and  upon  and  along  said  street  as  aforesaid, 

and  did  then  and  there  willfully  and  unlawfully,  in  said  manner,  and 
by  said  means   aforesaid,  obstruct  a  certain  railroad,  then  and  there 

being,  the  property  of  the  said  ,  thereby  violating  the  provisions 

of  section  ,  of  ordinance  No.  ,  of  the  board  of  supervisors  of 

the  state  of ,  and  all  of  which  is  contrary  to  the  form,  force  and 

effect  of  the  statute  in  such  case  made  and  provided,  and  against  the 
peace  and  dignity  of  the  people  of  the  state  of . 

No.  1020.    Complaint— Obstructing  a  Sidewalk— Justice's  Court. 
[Title  of  CaiTse.] 

State  of , 

County  of , 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  ihe day  of ,  19—,  in  the  city  of ,  county  of ,  state 

of ,  the  crime  of  misdemeanor,  namely,  obstructing  a  sidewalk,  was 

committed,  to  wit,  by ,  who  did  then  and  there  willfully  and  unlaw- 
fully use  the  sidewalk  of  said  city  in street,  not  for  the  display  of 


385  Complaints— Criminal.         Forms  1021, 1022 

goods,  wares,  and  merchandise,  but,  on  the  contraiy,  for  the  sale  of, 

and  traffic  in,  goods,  wares,  and  merchandise,  to  wit,  the  sale  of ,  upon 

a  certain  stand  then  and  there  having  been  constructed  and  placed  upon 
the  said  sidewalk,  and  not  by  the  person  or  business  firm  owning  or 
occupying  the  premises  in  front  of  which  said  sidewalk  is  constructed, 
and  not  for  the  purpose  of  a  cellarway  or  basement  window;  and  said 
defendant   did   then   and   there,   by   said   act,   obstruct   said    sidewalk, 

thereby  violating  the  provisions  of  section ,  of  ordinance  No.  , 

of  the  board  of  supervisors  of  the  state  of ,  and  all  of  which  is  con- 
trary to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of . 

No.  1021.    Complaint — Obstructing  a  Street — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of , 


City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of  ,  19 — ,  in  the  city  of  ,   county  of  , 

state  of  ,  the  crime  of  misdemeanor,  namely,  obstructing  a  street, 

was  committed,  to  wit,  by  ,  who  did  then  and  there  willfully  and 

unlawfully  leave,  place,  and  deposit,  and  cause  to  be  left,  placed,  and 
deposited,  upon  a  certain  street  of  said  city,  to  wit,  in  front  of  those 

certain  premises  known  as  ,  certain  boxes  of  merchandise  which 

boxes  of  merchandise  were  and  have  been  so  left,  placed,  and  deposited 

upon  said  street,  at  said  place,  for  a  longer  period  than hours ;  that 

said  boxes  of  merchandise  were  not  placed  in  said  street  for  building 
purposes;   and  that  said  defendant  'was  then  and  there  notified,  more 

than  hours  prior  to  the  filing  of  this  complaint,  by  one  ,  who 

was  then  and  there  a  duly  authorized,  qualified,  and  acting  police  officei 
of  said  city,  to  remove  said  obstructions,  but  that  he  has  failed  to  do 

so,  thereby  violating  the  provisions  of  section  ,  of  ordinance  No. 

■ ,  of  the  board  of  supervisors  of  the  state  of ,  and  all  of  which 


is  contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of . 

No.  1022.    Complaint — Peddling  Without  a  License — Justice's  Court. 
[Title  of  Cause.] 
State  of , 


County  of  , 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the day  of ,  19 — ,  in  the  city  of ,  county  of ,  state 

Form  Book — 25 


Forms  1023, 1024        Cowdery's  Form  Book.  386 

of ,  the  crime  of  misdemeanor,  namely,  peddling  without  a  license, 

was  committed,  to  wit,  by  ,  who  did  then  and  there  willfully  and 

unlawfully  hawk  and  peddle,  and  sell  and  offer  for  sale,  in  and  upon  the 
streets,  alleys,  sidewalks,  and  public  places  within  said  city  limits,  cer- 
tain goods,  wares,  and  merchandise,  to  wit,  ,  without  having  pro- 
cured from  the  requisite  authorities  of  said  city  permission  or  license 
to  so  hawk  and  peddle,  and  sell,  and  offer  for  sale,  the  said  articles, 

thereby  violating  the  provisions  of  section ,  of  ordinance  No.  , 

of  the  board  of  supervisors  of  the  state  of ,  and  all  of  which  is  con  ■ 

trary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made  and 
provided,  and  against  the  peace  and  dignity  of  the  people  of  the  state 

of . 

No.  1023.    Complaint — Refusing  to  "Move  on  and  Disperse"— Justice's 
Court. 

[Title  of  Court.] 
[Title  of  Cause.]  [Title  of  Form.] 

State  of , 

County  of  , 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the day  of ,  19 — ,  in  the  city  of ,  county  of  ,  state 

of ,  the  crime  of  misdemeanor,  namely,  refusing  to  "move  on  and 

disperse,"  was  committed,  to  wit,  by  ,  as  follows:  that  is  to  say, 

that  then  and  there  the  free  passage  of  a  public  street,  and  the  public 

sidewalk  thereof,  to  wit, street,  between and streets,  was 

obstructed  by  a  crowd,  it  then  and  there  not  being  an  occasion  of  a 

public  meeting;  that  said  was  then  and  there  one  of  the  person? 

composing  said  crowd;  that  this  complainant  was  then  and  there,  and 
still  is,  a  police  officer  of  the  said  city;  that  this  complainant,  as  said 

police  officer,  did  then  and  there  request  and  direct  said  and  the 

persons  composing  said  crowd  to  disperse  and  move  on,  and  said  • 

did  then  and  there  willfully,  unlawfully,  and  knowingly  refuse  to  move 
on  and  disperse  when  directed  so  to  do  by  said  police  officer,  as  afore- 
said, thereby  violating  the  provisions  of  section  ,  of  ordinance  No. 

,  of  the  board  of  supervisors  of  the  state  of ,  and  all  of  which 

is  contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 

state  of . 

No.  1024.    Complaint— Violation  of  Tire  Ordinance— Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of , 

City  of 


-,  being  duly  sworn,  makes  complaint  nnder  oath  and  says  that 

on  the  day  of,  19 — ,  in  the  city  of  ,  county  of  ,  state  of 

,  the  crime  of  misdemeanor,  namely,  violation,  of  fire  ordinance, 


387  Complaints — Criminal.         Forms  1025, 1026 

was  comniittod,  to  wit,  by  ,  who  then  and  tliere  did  Avill fully  and 

■unlawfully  erect,  build,  and  maintain,  and  cause  to  be  erected,  built,  and 
maintained,  over  and  upon  the  roof  of  a  certain  building  situate  witliin 

the  limits  of  said  city,  to  wit,  at  No. street,  between  and 

streets,  which  said  streets  were  then  and  there  public  streets  of 

and  in  said  city,  certain  scaffoldinjr,  without  having  first  obtained  the 
written  permission  of  the  board  of  supervisors  of  said  city  so  to  do, 

thereby  violating  provisions  of  section  ,  of  ordinance  No.  ,  of 

the  board  of  supervisors  of  the  state  of ,  and  all  of  which  is  con- 
trary to  the  form,  force  and  efi'ect  of  the  statute  in  such  case  luade  and 
provided  and  against  the  peace  and  dignity  of  the  people  of  the  state 
of . 

No.  1025.    Complaint — Violation  of  Hack  Ordinance— Disobedience  of 

Police  Directions — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of f 

City  of ,  ss. 


,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the day  of ,  19 — ,  in  the  city  of ,  county  of ,  state 

of ,  the  crime  of  misdemeanor,  namely,  violation  of  hack  ordinance, 

was  committed,  to  wit,  by ,  who,  then  and  there  being  at ,  with 

a  hackney  carriage  for  passengers,  did  then  and  there  willfully  and  un- 
lawfully disobey  the  directions  and  orders  of  one ,  who  was  then  and 

there  a  duly  appointed,  acting,  and  qualified  police  officer  of  said  city, 
respecting  the  standing  of  such  carriage  while  waiting  for  passengers, 

thereby  violating  the  provisions  of  section  ,  of  ordinance  No.  , 

of  the  board  of  supervisors  of  the  state  of  ,  and  all  of  which  is 

contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided  and  against  the  peace  and  digiiity  of  the  people  of  the 
state  of . 

No.  1026.    Complaint— Violation  of  Hack  Ordinance— Soliciting  Busi- 
ness— Justice's  Oouit. 
[Title  of  Cwuse.] 

State  of , 

County  of , 


City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that  on 

the  day  of  ,  19 — ,  in  the  city  of  ,  county  of  ,  state 

of ,  the  crime  of  misdemeanor,  namely,  violation  of  hack  ordinance, 

was  committed,  to  wit,  by  ,  who  did  then  and  there  willfully  and 

unlawfully,  while   following  the  employment  of  hackman  and  runner, 
and  being  then  and  there  actually  engaged  in  such  employment  at , 


Forms  1027, 1028        Cowdery's  Form  Book.                              3S3 
in  said  city,  leave  liis  hack  and  fail  and  refuse  to  remain  within  


feet  thereof  while  so  engaged  as  aforesaid,  thereby  violating  the  pro- 
visions of  section  ,  of  ordinance  No.  ,  of  the  board  of  super- 
visors of  the  state  of  ,  and  all  of  which  is  contrary  to  the  form, 

force  and  effect  of  the  statute  in  such  case  made  and  provided  and 
against  the  peace  and  dignity  of  the  people  of  the  state  of . 

No.  1027.     Complaint — Violation  of  Health  Ordinance— Leaving  Stag- 
nant Water,  etc.,  upon  Premises — Justice's  Court, 

[Title  of  Cause.] 

State  of , 

County  of  , 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  upon  oath  and  says  that  on 

the  day  of  ,  19 — ,  in  the  city  of  ,  county  of  ,  state 

of  ,   the   crime   of  misdemeanor,   namely,   leaving  stagnant   water 

f^tc]  upon  premises,  was  committed,  to  wit,  by ,  who  did  tlien  and 

there  willfully  and  unlawfully  discharge,  place,  keep,  and  leave  upon 

certain  premises,  to  wit,  on  lot  ,  being  on  the  side  of  

street,  between and streets,  in  said  city,  and  known  as  No.  — 

• street,  certain  stagnant  water,  filth,  and  garbage,  and  putrid,  un- 
sound,  and  unwholesome   matter,   thereby  violating  the   provisions   of 

section  ,  of  ordinance  No.  ,  of  the  board  of  supervisors  of  the 

state  of ,  and  all  of  which  is  contrary  to  the  form,  force  and  effect 

of  the  statute  in  such  case  made  and  provided  and  against  the  peace  and 
dignity  of  the  people  of  the  state  of . 

No.  1028.    Compla,int  —  Violation    of    Health    Ordinance  —  Wrongful 

Placing  of  Vault — Justice's  Court. 
[Title  of  Cause.] 

State  of  , 

County  of , 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that 

on  the  day  of ,  19 — ,  in  the  city  of ,  county  of ,  state 

of  ,  the  crime  of  misdemeanor,  namely,  violation  of  health  ordi- 
nance, was  committed,  to  wit,  by ,  who  did  then  and  there  willfully 

and  unlawfully  place  a  certain  vault  on  certain  premises,  to  wit,  at 

,  there  being,  which  said  vault  was  placed  as  aforesaid  at  a  less 

distance  than feet  from  the  line  of  said  property  upon  which  said 

vault  was  placed  as  aforesaid,  thereby  violating  the  provisions  of  sec- 
tion   ,  of  ordinance  No.  ,  of  the  board  of  supervisors  of  the 

state  of ,  and  all  of  which  is  contrary  to  tlie  form,  force  and  effect 

of  the  statute  in  such  case  made  and  provided  and  against  the  peace 
and  dignity  of  the  people  of  the  state  of  . 


389  Complaints— Criminal.         Forms  1029-1031 

No.  1029.    Complaint — Violation  of  Water  Ordinance — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of , 

City  of ,  ss. 


,  being  duly  sworn,  makes  complaint  under  oath  and  says  that  on 

the  day  of  ,  19 — ,  in  the  city  of  ,  county  of  ,  state 

of  ,  the  crime  of  misdemeanor,  namely,  violation  of  water  ordi- 
nance, was  committed,  to  wit,  by ,  who  did  then  and  there  willfully 

and  unlawfully  use  the  city  water  of  said  city  for  making ,  witliont 

having  made  an  application  to  the  clerk  of  the  waterworks  of  said  city, 
and  without  having  obtained  a  permit  from  the  superintendent  and 
clerk  of  said  waterworks  to  use  said  water  for  said  purpose,  thereby 

violating  the  provisions  of  section  of  ordinance  No.  ,  of  the 

board  of  supervisors  of  the  state  of  ,  and  all  of  which  is  contrary 

to  the  form,  force  and  effect  of  the  statute  in  such  case  made  and  pro- 
vided and  against  the  peace  and  dignity  of  the  people  of  the  state 
of . 

No.  1030.    Complaint — Visiting  a  Gambling-house — Justice's  Court. 
[Title  of  Cause.] 

State  of , 

County  of j 


City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that  on 

the day  of  — — ,  19 — ,  in  the  city  of ,  county  of ,  state  of 

,  the  crime  of  misdemeanor,  namelj'^,  visiting  a  gambling-house,  was 

committed,  to  wit,  by ,  who  then  and  there  did  willfully  and  unlaw- 
fully become,  and  was,  a  visitor  to  a  certain  house  and  place,  for  the 
practice  of  gambling,  there  situate,   and  in  that  portion  of  said  city 

bounded   by  streets,   thereby  violating  the   provisions   of  section 

,  of  ordinance  No.  ,  of  the  board  of  supervisors  of  the  state  of 

,  and  all  of  which  is  eontrarj'  to  the  form,  force  and  effect  of  the 

statute  in  such  case  made  and  provided  and  against  the  peace  and 
dignity  of  the  people  of  the  state  of . 

No.  1031.    Complaint — Visiting  a  House  of  111  Fame — Justice's  Court. 

[Title  of  Court.] 
[Title  of  Cause.]  [Title  of  Form.] 

State  of , 

County  of f 

City  of ,  ss. 

,  being  duly  sworn,  makes  complaint  under  oath  and  says  that  on 

the  day  of  ,  19 — ,  in  the  city  of  ,  county  of  ,  state 

of ,  the  crime  of  misdemeanor,  namely,  visiting  a  house  of  ill  fame. 


Forms  1032, 1033        Cowdery's  Form  Book.  '  390 

was  committed,  to  wit,  by  ,  who  then  and  there  did  willfully  and 

unlawfully  become,  and  was,  a  visitor  to  a  certain  house  of  ill  fame 

there  situate,  and  in  tliat  portion  of  said  city  bounded  by streets, 

thereby  violating  the  provisions  of  section ,  of  ordinance  No.  , 

of  the  board  of  supervisors  of  the  state  of ,  and  all  of  which  is  con- 
trary to  the  form,  force  and  effect  of  the  statute  in  such  ease  made  and 
provided  and  against  the  peace  and  dignity  of  the  people  of  the  state 
of . 

No.  1032.    Complaint — Visiting  Gambling-house — Justice's  Court. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

Personally  appears  before  me  this  fourth  day  of  May,  A.  D.  1917, 
C.  P.,  who,  on  oath,  makes  complaint,  and  deposes  and  says  that  on  the 
first  day  of  May,  A.  D.  1917,  in  the  city  and  county  of  San  Francisco, 
state  of  California,  the  crime  of  misdemeanor  was  committed,  to  wit, 
by  J.  H.  (whose  real  name  is  unknown  to  this  complainant),  who  then 
and  there  did  willfully  and  unlawfully  become  and  was  a  visitor  to  a 
certain  house  and  place  for  the  practice  of  gambling  there  situate,  and 
in  that  portion  of  said  city  and  county  of  San  Francisco  bounded  by 
Larkin,  IVlarket,  Church,  Eighteenth,  and  Channel  streets  and  the  Water 

Front,  thereby  violating  the  provisions  of  section  ,  of  ordinance 

No.  ,  of  the  board  of  supervisors  of  the  state  of  ,  and  all  of 

which  is  contrary  to  the  form,  force  and  effect  of  the  statute  in  such 
case  made  and  provided  and  against  the  peace  and  dignity  of  the  people 
of  the  state  of . 

No.  1033.    Complaint — Vulgar  Language — Justice's  Court. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

Personally  appears  before  me  this  fifteenth  day  of  July,  A.  D.  1917, 
M.  M.,  who,  on  oath,  makes  complaint,  and  deposes  and  says,  that  on 
the  thirteenth  day  of  June,  A.  D.  1917,  in  the  city  and  county  of  San 
Francisco,  state  of  California,  the  crime  of  misdemeanor  was  committed, 
to  wit,  by  C.  C.  (whose  real  name  is  unknown  to  this  complainant),  who 
then  and  there  did  v/illfully  and  unlawfully  address  to  this  complainant, 
and  utter  and  speak  vulgar  and  profane  and  obscene  language  and 
words,  and  langiiage  and  words  having  a  tendency  to  create  a  breach 
of  the  peace,  in  the  presence  and  hearing  of  two  or  more  persons,  there- 
by violating  the  provisions  of  section of  ordinance  No. ,  of  the 

board  of  supervisors  of  the  state  of ,  and  all  of  which  is  contrary 

to  the  form,  force  and  effect  of  the  statute  in  such  case  made  and  pro- 
vided and  against  the  peace  and  dignity  of  the  people  of  the  state 
of . 


391  Complaints — Ckiminal.        Forms  1034-1036 

No.  1034.    Complaint — Robbery. 

[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Marin, — ss. 

Personally  appears  before  me,  this  seventh  day  of  August,  A.  D.  1917, 
J.  J.,  who,  on  oath,  makes  complaint,  and  deposes  and  says,  that  on 
the  first  day  of  August,  A.  D.  1917,  in  the  county  of  Marin,  state  of 
California,  the  crime  of  robbery  was  committed,  to  wit,  by  J.  G.,  who 
then  and  there  did  feloniously  and  with  force  and  arms  make  an  assault 
upon  said  J.  J.,  and  with  violence  to  his  person,  and  against  his  will, 
did  tlien  and  there  feloniously  and  violently  steal,  take  and  carry  away 
by  force  from  the  person  of  the  said  J.  J.,  one  gold  watch  of  the  value 
of  one  hundred  dollars,  and  of  the  personal  property  of  said  J.  J.,  all 
of  which  is  contrary  to  the  form,  force  and  effect  of  the  statute  in  such 
cases  made  and  provided,  and  against  the  peace  and  dignity  of  the 
people  of  the  state  of  California.  And  this  complainant,  upon  oath, 
accuses  the  said  J.  G.  of  having  committed  the  said  crime;  and  this 
complainant  further  alleges  and  deposes  that  the  said  accused  was 
arrested  therefor,  and  prays  that  the  said  accused  may  be  brought  be- 
fore a  magistrate  and  dealt  with  according  to  law. 

No.  1035.    Complaint^Assault  Witb  a  Deadly  Weapon. 
[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Sierra, — ss. 

Personally  appears  before  me,  this  twenty-third  day  of  May,  A.  D. 
1917,  C.  W.,  who,  on  oath,  makes  complaint,  and  deposes  and  says,  that 
on  the  third  day  of  May,  A.  D.  1917,  in  the  county  of  Sierra,  state  of 
California,  the  crime  of  assault  upon  the  person  of  another  with  a  deadly 
weapon,  with  intent  to  do  bodily  harm,  and  without  just  cause  or  excuse, 
and  when  no  considerable  provocation  appears,  was  committed,  to  wit, 
by  J.  B.  (whose  real  name  is  unknown  to  this  deponent),  who  then  and 
there  did  willfully,  unlawfully,  and  feloniously,  and  with  force  and  arms, 
without  just  cause  or  excuse  make  an  assault  upon  C.  W.  with  a  deadly 
weapon,  to  wit,  a  Winchester  rifle,  and  did  then  and  there,  with  an  intent 
to  do  bodily  harm  to  and  upon  the  person  of  said  C.  W.,  there  being  no 
considerable  provocation  therefor,  contrary  to  the  form,  force  and  effect 
of  the  statute  in  such  case  made  and  provided  and  against  the  peace 
and  dignity  of  the  people  of  the  state  of . 

No.  1036.    Complaint— Forgery— Justice's  Court, 

[Title.] 

State  of , 

County  of  ,  ss. 


Personally   appears  before  me,  this  day  of  ,   A.   D.  19 — , 

who  on  oath  makes  complaint,  and  deposes  and  says,   that  on 


Forms  1037, 1038        Cowdery's  Form  Book.  392 

the  day  of  ,  A.  D.  19 — ,  in  the  county  of  ,  state 

of  California,  the  crime  of  felon)'',  to  wit:  Forgery,  was  ooiamitted  by 

■ (wliose  real  name  is  unknown  to  this  complainant),  who  did  then 

and   there   willfully,  unlawfully,   feloniously,  falsely,  fraudulently  and 

with  intent  to  prejudice,  damage  and  defraud  ,  make,  alter,  forge 

and   counterfeit   a  certain   instriament  in   writing  for  the   payment   of 

money  in  the  words  and  figures,  following  to  wit:  .     Aud  he,  the 

said   then    and    there    well    knowing   the    same   to   be    false    and 

forged,  did  then  and  there  to  wit,  on  the  day  of  ,  A.  D.  19 — , 

in    the    said    county   of   ,    willfully,    luilawfuUy,    feloniously, 

falsely,  fraudulenty  and  with  intent  to  prejudice,  damage  aud  defraud 

the  said  ,  utter,  publish  and  pass  the  same  as  true  and  j;enuine  to 

.     Contrary  to  the  form,   force  and  effect  of  the  statute  in  such 

case  made  and  provided,  and  against  the  peace  and  digTiity  of  the  people 
of  the  state  of  California.     And  this  complainant,  upon  oath,  accuses 

the  said  (whose  real  name  is  unknown  to  this  complainant)    of 

having  committed  the  said  crime,  and  this  complainant  further  alleges 
and  deposes  that  the  said  accused  was  then  and  there  arrested  therefor 
in  the  actual  commission  of  the  said  offense,  and  prays  that  the  said 
accused  may  be  brought  before  a  magistrate  and  dealt  with  according 
to  law. 

Subscribed  and  sworn  to  before  me,  this day  of ,  A.  D.  19 — . 

No.  1037.     Complaint — Assault  to  Murder. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

Personally  appears  before  me  this  tliird  day  of  July,  A.  D.  1917,  J.  H., 
who,  on  oath,  makes  complaint,  and  deposes  and  says  that  on  the  first 
daj'  of  July,  A.  D.  1917,  in  the  county  of  Placer,  state  of  California, 
the  crime  of  an  assault  with  an  intent  to  commit  murder  was  committed, 
to  wit,  by  J.  K.  (whose  real  name  is  unknown  to  this  complainant), 
who  then  and  there  did  unlawfully,  feloniously,  willfully,  and  with 
malice  aforethought,  make  an  assault  upon  J.  H.  with  a  deadly  weapon, 
to  wit,  a  shotgun,  and  did  then  and  there  make  said  assault;  and  all 
with  an  intent  feloniously,  willfully  and  unlawfully,  and  with  malice 
aforethought,  to  kill  and  murder  said  J.  H. ;  all  of  which  is  contrary  to 
the  form,  force  and  effect  of  the  statute  in  such  case  made  and  provided 
and  against  the  peace  and  dignity  of  the  people  of  the  state  of  . 

No.  1038.     Complaint — Pveceiving  Stolen  Goods. 
[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  El  Dorado,— ss. 

Personally  appears  before  me  this  third  day  of  May,  A.  D.  1917,  P.  P., 
who,  on  oath,  makes  complaint,  and  deposes  and  says  tliat  on  tlie  thir- 


393  Complaints — Criminal.         Forms  1039, 1040 

tieth  day  of  April,  A.  D.  1917,  in  the  county  of  El  Dorado,  state  of 
California,  the  crime  of  felony  was  committed,  to  wit,  by  J.  J.  (whose 
real  name  is  unknown  to  this  complainant),  as  follows,  to  wit,  that  on 
the  thirtieth  day  of  April,  A.  D.  1917,  at  said  county,  one  J.  B.  (whose 
real  name  is  unknown  to  this  complainant),  did  willfully,  unlawfully 
and  feloniously  steal,  take,  and  carry  away  a  diamond  ring,  of  the  value 
of  one  hundred  dollars,  of  the  personal  property  of  J.  G.  (whose  real 
name  is  unknown  to  this  complainant),  and  that  thereafter,  to  wit,  on 
the  said  thirtieth  day  of  April,  A.  D.  1917,  at  said  county,  the  said  J.  J. 
did  willfully,  unlawfully,  knowingly,  feloniously,  and  for  his  own  gain, 
and  to  prevent  the  owner,  the  said  J.  G.,  from  again  possessing  his  said 
personal  property,  buy  and  receive  from  said  J.  B.  the  said  diamond 
ring,  and  the  said  J.  J.  then  and  there,  well  knowing  the  same  to  have 
been  stolen,  as  aforesaid  stated;  all  of  which  is  contrary  to  the  form, 
force  and  effect  of  the  statute  in  such  case  made  and  provided,  and 
against  the  peace  and  dignity  of  the  people  of  the  state  of  California. 

No.  1039.    Complaint — Burglary  in  the  First  Degree. 
[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Tulare, — ss. 

Personally  appears  before  me  this  fourteenth  day  of  June,  A.  D.  1917, 
J.  B.,  who,  on  oath,  makes  complaint  and  deposes  and  says,  that  on 
the  thirtieth  day  of  May,  A.  D.  1917,  in  the  county  of  Tulare,  state  of 
California,  the  crime  of  burglary  of  the  first  degree  was  committed,  to 
wit,  by  C.  B.,  who  then  and  there,  in  the  night-time  of  said  day,  did 
feloniously,  forcibly  and  burglariously  break  and  enter  the  house,  room, 
shop,  warehouse,  store,  and  building  of  W.  C.  there  situate,  with  intent 
to  commit  grand  larceny,  and  did  there  and  then  feloniously  and  bur- 
glariously steal,  take,  and  carry  away  one  gold  watch  of  the  value  of 
two  hundi-ed  dollars,  and  of  the  personal  property  of  \Y.  C,  contrary 
to  the  form,  force  and  effect  of  the  statute  in  such  case  made  and  pro- 
vided and  against  the  peace  and  dignity  of  the  people  of  the  state  of 
California. 

No,  1040.    Complaint— Uttering  Tictitious  Check,  etc. — Justice's  Court. 

[Title.] 

State  of , 

of  San  Francisco, — ss. 


Personally  appears  before  me,  this  day  of  ,  A.  D.  191 — , 

,  who,  on  oath,  makes  complaint,  and  deposes  and  says,  that  on 

the  day  of  ,  A,  D.  19 — ,  in  the  ,  county  of  ,  state 

of ,  the  crime  of  felony,  to  wit :  Violating  section  476A  of  the  Penal 

Code,  was  committed,  to  wit,  by (whose  real  name  is  unknown  to 

this  complainant),  who  then  and  there  willfully,  unlawfully,  feloniously, 
falsely,  fraudulently  and  with  the  intention  to  defraud  ,  did  make, 


Form  1041  Cowdery's  Form  Book.  394 

draw,  utter  and  deliver  to  a  certain  check  and  draft  for  the  pay- 
ment of  money  drawn  on  a  certain  bank,  banker  and  depositary  for  the 

paj'ment  of  money,  to  wit: ,  and  in  the  words  and  figures  following, 

to  wit:  ,  said  knowing  at  the  time  of  such  making,  drawing, 

uttering  and  delivery  that  he  the  said  had  not  sufficient  funds  in 

or  credit  with  said  bank,  banker  and  depositary  for  the  payment  of 
money  to  meet  such  check  and  draft  in  full  upon  its  presentation  at 
isaid  bank,  banker  and  depositary  for  the  payment  of  money. 

Contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case 
made  and  provided,  and  against  the  peace  and  dignity  of  the  people  of 
the  state   of   California.     And   this   complainant,   upon   oath,    accuses 

the  said  (whose  real  name  is  unknown  to  this  complainant),  of 

having  committed  the  said  crime;  and  this  complainant  further  alleges 
and  deposes  that  the  said  accused  was  then  and  there  arrested  therefor 
in  the  actual  commission  of  the  said  offense,  and  prays  that  the  said 
accused  may  be  brought  before  a  magistrate  and  dealt  with  according 
to  law. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19 — . 

,  Justice  of  the  Peace. 

No.  1041.    Complaint — Receiving  Stolen  Property — Justice's  Court. 

[Title.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

Personally  appears  before  me,  this day  of ,  A.  D.  19 — , , 

who,  on  oath,  makes  complaint,  and  deposes  and  says,  that  on  the  

day  of  ,  A.  D.  19 — ,  in  the  county  of  ,  state  of  , 

the  crime  of  felony,  to  wit:  Receiving  stolen  property,  was  committed, 

to  wit,  by (whose  real  name  is  unknown  to  this  complainant)  that 

one  did  feloniously  steal,  take  and  carry  away  of  the  value 

of  dollars  in  lawful  money  of  the  United  States  of  America,  and 

of  the  personal  property  of  one  thereafter,  to  wit,  on  or  about 

the  said day  of ,  A.  D.  19—,  at  the  said  county  of , 

state  of  ,  the  said  did  willfully,  unlawfully,  knowingly  and 

feloniously  and  for  his  own  gain,  and  to  prevent  the  owner,  the  said 

from  again  possessing  his  said  personal  property,  buy  and  receive 

from  said ,  the  said  then  and  there  well  knowing  the  same  to 

have  been  stolen  as  aforesaid.  Contrary  to  the  form,  force  and  effect 
of  the  statute  in  such  case  made  and  provided,  and  against  the  peace 

and  dignity  of  the  people  of  the  state  of .     And  this  complainant, 

upon  oath,  accuses  the  said  (whose  real  name  is  unknown  to  this 

complainant),  of  having  committed  the  said  crime;  and  this  complain- 
ant further  alleges  and  deposes  that  the  said  accused  was  then  and 
there  arrested  therefor  in  the  actual  commission  of  the  said  offense,  and 


395  Complaints — Criminal.         Forms  1042,  1043 

prays  that  the  said  acrused  may  be  brought  before  a  magistrate  and 
dealt  with  according  to  law. 

Subscribed  and  sworn  to  before  me,  this day  of ,  A.  D.  19 — . 

No.  1042.    Complaint— Petit  Larceny  With  Previous  Conviction. 

[Title.] 

State  of , 

County  of ,  ss. 

Personally  appears  before  me,  this  day  of  ,  A.  D.  19 — , 

who   on   oath   makes   complaint,   and   deposes   and   says,   that   on 


the  day  of  ,  A.  D.  19 — ,  in  the  ,  county  of  ,  state 

of  ,  the  crime  of  felony,  to  wit:  Petit  larceny,  with  a  previous 

conviction  of  was  committed,  to  wit,  by  (whose  real  name 

is  unknown  to  this  complainant),  who  was  in  the  court  of  , 

county   of  ,  convicted   of  the   crime   of  ,   to  wit.   under 

the  name  of  ;  that  the  judgment  upon  said  conviction  was  pro- 
nounced, rendered,  given  and  made  on  the  day  of  ,  A.  D. 

,  and  bears  said  last-mentioned  date  and  has  never  been  reversed, 

annulled  nor  set  aside.     That  thereafter  and  on  the  day  of  , 

A.  D.   19—,  in  the  said  of  ,   state   of  ,  the   said  

did   then   and   there   willfully   and  unlawfully,   and   feloniously   steal, 

take   and   carry   away  of  the  value   of  dollars    ($ ),   m 

gold  coin  of  the  United  States  of  America,  and  of  the  personal  prop- 
erty of  .     Contrary  to  the  form,  force  and  effect  of  the  statute  in 

Buch  case  made  and  provided,  and  against  the  people  of  the  state  of 

.     And  this  complainant,  upon  oath,  accuses  the  said  (whose 

real'name  is  unknown  to  this  complainant)  of  having  committed  the 
said  crime,  and  this  complainant  further  alleges  and  deposes  that  the 
said  accused  was  then  and  there  ai-rested  therefor  in  the  actual  enm- 
mission  of  the  said  offense,  and  prays  that  the  said  accused  may  be 
brought  before  a  magistrate  and  dealt  with  according  to  law. 

Subscribed  and  sworn  to  before  me,  this day  of ,  A.  D.  19 — . 


No.  1043.    Complaint— Obtaining  Goods  or  Money  by  PaJse  Pretenses- 
Justice's  Court. 
[Title.] 

State  of , 

■ County  of ,  ss. 


Personally  appears  before  me,  this  day  of  ,  A.  D.  19^, 

,  who,  on  oath,  makes  complaint,  and  deposes  and  says,  that  on  the 

day  of  ,  A.  D.  19 — ,  in  the  ,  county  of  ,  state  of 

California,  the  crime  of  ,  to  wit:  Obtaining  money  by  false 


Form  1043  Cowdery's  Form  Book.  39G 

pretenses  was  committed,  to  wit,  by (whose  real  name  is  unknown 

to  this  complainant),  who  then  and  there  devising  and  intending  by 
unlawful  ways  and  means,  and  by  false  and  fraudulent  pretenses  and 
reijrescntations  to  obtain  and  get  into  his  possession  the  goods  and  per- 
sonal property  and  moneys  of  ,  with  intent  to  cheat  and  defraud, 

and  thereby  then  and  there  to  cheat  and  defraud  said of  the  same, 

did  then  and  there  willfully  and  unlawfully,  knowingly  and  designedly, 

falsely  and  fraudulently,  pretend  and  represent  to  the  said  that 

whereas,  in  truth  and  in  fact  as  — he —  the  said  then 

and  there  well  knew. 

And  the  said then  and  there  believing  the  said  false  and  fraudu- 
lent  pretenses   and  representations  so  made   as  aforesaid  by  the  said 

■ to  be  true,  and  relying  thereon,  and  being  deceived  thereby,  was 

induced  by  reason  of  the  said  false  and  fraudulent  pretenses  and  repre- 
sentations  so   made   as   aforesaid,   to   deliver,   and   did   then  and  there 

deliver  to  the  said  of  the  value  of  dollars,  in  gold  coin  of 

the  United  States  of  America,  and  of  the  goods  and  personal  property 

and  moneys  of  the  said and  the  said then  and  there,  by  means 

of  the  said  false  and  fraudulent  pretenses  and  representations  so  made 
as  aforesaid,  did  then  and  there  willfully  and  unlawfully,  knowingly, 

designedly  and  fraudulently  receive  and  obtain  from  said the  said 

goods  and  personal  property  and  moneys  hereinbefore  described  and  set 

forth,  with  intent  to  cheat  and  defraud  the  said of  the  same,  and 

the  said did  then  and  there,  willfully,  unlawfully  and  fraudulently, 

take  and  carry  away  the  same. 

Whereas,  in  tinith  and  in  fact,  the  said  pretenses  and  representations 
so  made  as  aforesaid,  was  and  were  then  and  there  in  all  respects  utterly 
false  and  untrue  and  fraudulent,  and  whereas  in  truth  and  in  fact  the 

said  well  knew  the  said  pretenses  and  representations  so  made  by 

h —  as  aforesaid  to  be  utterly  false  and  untrue  and  fraudulent  at  the 
time  of  making  the  same. 

And  the  said  then  and  there  in  the  manner  and  by  the  means 

aforesaid,   did  then  and  there  and  thereby  willfully,  and  unlawfully, 

knowingly  and  designedly  cheat  and  defraud  the  said  of  the  said 

goods  and  personal  property  and  moneys  hereinbefore  described  and  set 
forth. 

All  to  the  great  damage  of  the  said .     Contrary  to  the  form,  force 

mul  effect  of  the  statute  in  such  case  made  and  provided,  and  against 
the  peace  and  dignity  of  the  people  of  the  state  or .  And  this  com- 
plainant, upon  oath,  accuses  the  said (whose  real  name  is  unknown 

to  this  complainant)  of  having  committed  the  said  crime;  and  this 
complainant  further  alleges  and  deposes  that  the  said  accused  was  then 
and  there  arrested  therefor  in  the  actual  commission  of  the  said  offense, 
and  prays  that  the  said  accused  may  be  brought  before  a  magistrate  and 
dealt  with  according  to  law. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D. , 

19—.  


397  Complaints — Criminal.         Forms  1044,  1045 

No.  1044.    Complaint— Omitting  to  Provide  for  Minor  CMld— Justice's 
Court. 

[Title.] 

State  of , 

County  of ,  S8. 

Personally  appears  before  me,  this  day  of  ,  A.  D.  19 — , 

,  who,  on  oath  makes  complaint  and  deposes  and  says,  that  on  the 

day  of  ,  A.  D.  191—,  in  the  county  of  ,  state  of 


,  the  crime  of  felony,  to  wit :  Omitting  to  provide  for  a  minor  child, 

was  committed,  to  wit,  by  (whose  real  name  is  unknown  to  this 

complainant),  who  then  and  there  being  the  parent  and  guardian,  and 

having  the  custody  and  control  of  a  certain  minor  child,  to  wit,  

of  the  age  of  years,  did  then  and  there  willfully,  unlawfully  and 

feloniously  and  without  lawful  excuse,  omit  to  furnish  said  minor  child 
with  necessary  food,  clothing,  shelter  and  medical  attendance,  he  having 
the  ability  so  to  do.  Contrary  to  the  form,  force  and  effect  of  the 
statute  in  such   case  made  and  provided,  and   against  the  peace   and 

dignity  of  the  people  of  the  state  of .     And  this  complainant,  upon 

oath,  accuses  the  said  (whose  real  name  is  unknown  to  this  com- 
plainant), of  having  committed  the  said  crime;  and  this  complainant; 
further  alleges  and  deposes  that  the  said  accused  was  then  and  there 
arrested  therefor  in  the  actual  commission  of  the  said  offense,  and  prays 
that  the  said  accused  may  be  brought  before  a  magistrate  and  dealt  with 
according  to  law. 


Subscribed  and  sworn  to  before  me,  this day  of ,  A.  D.  19 — . 

No.  1045.    Complaint— Making  or  Passing  Pictitious  Instruments-Jus- 
tice's Court. 

[Title.] 
State  of , 


County  of ,  ss. 

Personally  appears  before  me,  this day  of ,  A.  D.  19 — , , 

who,  on  oath,  makes  complaint  and  deposes  and  says,  that  on  the  

day  of ,  A.  D.  19—,  in  the  county  of  ,  state  of  ,  the 

crime  of  felony,  to  wit:  Making  and  passing  a  fictitious  instrument  in 

writing  for  payment  of  money,  was  committed,  to  wit:  by  (whose 

real  name  is  unknown  to  this  complainant)  who  did  then  and  there 
willfully,  unlawfully,  feloniously,  falsely,  fraudulently  and  with  the  in- 
tention to  defraud  ,  make  a  certain  fictitious  bill,  note,  check  and 

instrument  in  writing  for  the  payment  of  money,  purporting  to  be  signed 

by ,  in  the  words  and  figures,  to  wit:  .     Whereas,  in  truth  and 

in  fact  there  was  and  is  no  such  as  in  existence  as  — he — , 

the  said  ,  then  and  there  well  knew;  and  he,  the  said  ,  then 

and  there  well  knowing  the  said  bill,  note,  check  and  instrument  in  writ- 
ing for  the  payment  of  money  to  be  then  and  there  false  and  fictitious, 


Forms  1016,  1047        Cowdery  's  Form  Book.  398 

did  then  and  there,  to  wit,  on  the day  of ,  A.  D.  19—,  in  the 

said  county  of  ,   willfully,   unlawfully,   feloniously,   falsely, 

fraudulently  and   with   the  intention   to   defraud  the   said  -,  utter, 

publish  and  pass  the  same  as  true  and  genuine  to  .     Contrary  to 

the  form,  force  and  effect  of  the  statute  in  such  cases  made  and  pro- 
vided, and  against  the  people  of  the  state  of  .  And  this  complain- 
ant, upon  oath,  accuses  the  said  (whose  real  name  is  unknoAvn  to 

this  complainant),  of  having  committed  the  said  crime;  and  this  com- 
plainant further  alleges  and  deposes  that  the  said  accused  was  then  and 
there  arrested  therefor,  in  the  actual  commission  of  the  said  offense, 
and  prays  that  the  said  accused  may  be  brought  before  a  magistrate 
and  dealt  with  according  to  law. 


Subscribed  and  sworn  to  before  me  this day  of ^  A.  D.  19 — . 

No,  1046.    Complaint — Grand  Larceny. 

[Title.] 

State  of , 

County  of ,  S3. 


Personally  appears  before  me,  this  day  of  ,  A.  D.   19 — , 

— ,  who  on  oath  makes  complaint  and  deposes  and  says,  that  on  tho 

—  day  of  ,  A.  D.  19—,  in  the  county  of  ,  state  of 

-,  the  crime  of  felony,  to  wit :  Grand  larceny,  was  committed  by 


(whose  real  name  is  unknown  to  this  complainant),  who  did  then  and 
there  willfully,  unlawfully  and  feloniously  steal,  take  and  caiTy  away 

,  of  the  value  of dollars  ($ ),  in  gold  coin  of  the  United 

States  of  America,  and  of  the  personal  property  of  .     Contrary  to 

the  form,  force  and  effect  of  the  statute  in  such  case  made  and  provided, 

and  against  the  peace  and  dignity  of  the  people  of  the  state  of  . 

And  this  complainant,  upon  oath,   accuses  the  said  (whose  real 

name  is  unknown  to  this  complainant)  of  having  committed  the  said 
crime;  and  this  complainant  further  alleges  and  deposes  that  the  said 
accused  was  then  and  there  arrested  therefor  in  the  actual  commission 
of  the  said  offense,  and  prays  that  the  said  accused  may  be  brought 
before  a  magistrate  and  dealt  with  according  to  law. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D. , 

19—.  —^ 

No.  1047.    Complaint — Attempt  to  Commit  Burglary — Justice's  Court. 
[Title.] 

State  of , 

■ County  of ,  S3. 

Personally  appears  before  me,  this  day  of  ,  A.  D.  19 — , 

who,  on   oath,   makes   complaint   and  deposes  and  says,   that  on 


the  day  of  ,  A.  D.  19 — ,  in  the  county  of  ,  state 


399  Complaints — Criminal.  Form  lOiS 

of ,  the  crime  of  felony,  to  wit :  Attempt  to  commit  burglary  was 

committed,  to  wit,  by  ,  (whose  real  name  is  unknown  to  this  com- 
plainant), who  did  then  and  there  willfully,  unlawfully,  feloniously, 
and  burglariously  attempt  to  enter  the  house,  room,  apartment,  tene- 
ment,  shop,   warehouse,   store   and   building   of  ,   and   situated   in 

the   said  county   of  ,   with   the   felonious   intent   then,   there 

and  therein  to  commit  larceny  .     Contrary  to  the  form,  force  and 

effect  of  the  statute  in  such  case  made  and  provided,  and  against  the 
peace  and  dignity  of  the  people  of  the  state  of  .  And  this  com- 
plainant, upon  oath,  accuses  the  said (whose  real  name  is  unknown 

to  this  complainant),  of  having  committed  the  said  crime,  and  this 
complainant  further  alleges  and  deposes  that  the  said  accused  was 
then  and  there  arrested  therefor  in  the  actual  commission  of  the  said 
offense,  and  prays  that  the  said  accused  may  be  brought  before  a 
magistrate  and  dealt  with  according  to  law. 

Subscribed  and  swom  to  before  me  this day  of ,  A.  D.  19 — . 


No.  1048.    Complaint  —  Assault   With   a   Deadly   Weapon  —  Justice's 

Court. 
[Title.] 
State  of  California, 

• County  of ,  ss. 

Personally  appears  before  me,  this  day  of  ,  A.  D.  191 — , 

-,   who,   on   oath,  makes   complaint   and   deposes  and  says,   that  on 


the  day  of  ,  A.  D.  19—,  in  the  county  of  ,  state 

of ,  the  crime  of  felony,  to  wit :  Assault  with  a  deadly  weapon  was 

committed,  to  wit,  by  (whose  real  name  is  unknown  to  this  com- 
plainant) who  did  then  and  there,  with  a  deadly  weapon  and  instrument, 

to  wit:   ,   willfully,  unlawfully  and  feloniously,   in   and   upon   the 

person  of  one  ,  make  an  assault  which  said  assault  was  likely  to 

produce  great  bodily  injury  to  and  upon  the  person  of  the  said  , 

contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 

state  of .     And  this  complainant,  upon  oath,  accuses  the  said  

(whose  real  name  is  unknown  to  this  complainant),  of  having  com- 
mitted the  said  crime;  and  this  complainant  further  alleges  and  de- 
poses that  the  said  accused  was  then  and  there  arrested  therefor  in  the 
actual  commission  of  the  said  offense,  and  prays  that  the  said  accused 
may  be  brought  before  a  magistrate  and  dealt  with  according  to  law. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19—. 


Forms  1049, 1050        Cowdery's  Form  Book.  400 

No.  1049.    Complaint — Assault  by  Means  and  Force  Likely  to  Produce 

Great  Bodily  Injury— Justice's  Court. 
[Title.] 

State  of , 

County  of ,  ss. 


Personally  appears  before  me,  this  day  of  ,   A.  D.   19 — , 

-,   who,  on   oath,  makes   complaint  and   deposes   and   says,   that  on 


the  day  of  ,  A.  D.  19—,  in  the  county  of  ,  state 

of ,  the  crime  of  felony,  to  wit :  Assault  by  means  and  force  likely 

to  produce  great  bodily  injury,  was  committed,  to  wit,  by  (wliose 

real  name  is  unknown  to  this  complainant),  who  did  tlien  and  there 
Avillfully,    unlawfully    and   feloniously   make    an   assault    in    and    upou 

the  person  of  one  ,  by  means  and  force  likely  to  produce  great 

bodily  injury,   to   wit:   .     Contrary  to  the   form,   force  and   effect 

of  the  statute  in  such  case  made  and  provided,  and  aarainst  the  peace 

and  dignity  of  the  people  of  the  state  of  .     And  this  complainant, 

upon  oath,  accuses  the  said  (whose  real  name  is  unknown  to  tliis 

complainant),  of  having  committed  the  said  crime,  and  this  complainant 
further  alleges  and  deposes  that  the  said  accused  was  then  and  there 
arrested  therefor  in  the  actual  commission  of  the  said  offense,  and 
prays  that  the  said  accused  may  be  brought  before  a  magistrate  and 
dealt  with  according  to  law. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19 — . 


No.  1050.    Complaints-Assault  With  Intent  to  Commit  Murder— Jus- 
tice's Court. 
[Title.] 

State  of , 

County  of ,  ss. 


Personally  appears  before  me,  this  day  of  ,  A.  D.  19 — , 

-,   who,  on  oath,  makes   complaint   and   deposes  and  says,   that   on 


the  day  of  ,  A.  D.  19—,  in  the  county  of  ,  state 

of  ,  the  crime  of  felony,  to  wit:  Assault  with  intent  to  commit 

murder  was  committed,  to  wit,  by  (whose  real  name  is  un- 
known to  this  complainant),  who  did  then  and  there  willfully,  unlaw- 
fully, feloniously  and  with  malice  aforethought,  by  means  of  a  deadly 

weapon,  to  wit,  ,  make  an  assault  in  and  upon  the  person  of  one 

,  with   the   felonious   intent,   then,   there   and  thereby  to   kill   and 

murder  the  said  .     Contrary  to  the  form,  force  and  effect  of  the 

statute  in   such   case   made   and   provided,   and   against   the  peace   and 

dignity  of  the  people  of  the  state  of .     And  this  complainant,  upon 

oath,  accuses  the  said  (whose  true  name  is  unknown  to  this  com- 
plainant), of  having  committed  the  said  crime,  and  this  complainant 
further  alleges  and  deposes  that  the  said  accused  was  then  and  there 


401  Complaints — Criminal.  Form  1051 

arrested  therefor  in  the  actual  commission  of  the  said  offense,  and 
prays  that  the  said  accused  may  be  brought  before  a  magistrate  and 
dealt  with  according  to  law. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  191 — . 


No.   1051.    Complaint— Assault  With  Attempt  to  Commit  Robbery- 
Justice's  Court. 
[Title.] 

State  of , 

Countv  of ,  ss. 


Personally  appears  before  me,  this  day  of  ,  A.  D.  19 — , 

who,  on   oath,  makes   complaint  and   deposes  and  says,   that  on 


the  day  of  ,  A.  D.  191 — ,  in  the  county  of  ,  state 

of  ,  the  crime  of  felony,  to  wit:  Assault  with  attempt  to  commit 

robbery,  was  committed,  to  wit,  by  (whose  real  name  is  un- 
known to  this  complainant),  who  did  then  and  there  willfully,  unlaw- 
fully, and  feloniously  atttempt  to  steal,  take  and  carry  away  from  the 

person,   possession,    and   immediate   presence   of   one   the    money, 

goods,  and  chattels  of  the  said  ,  without  the  consent  and  against 

the  will  of  the  said ,  and  to  accomplish  the  said  stealing,  taking  and 

carrying  away  by  means  of  force  used  upon  and  against  the  person 

of  the  said  by  ,  and  by  then  and  there  putting  the  said  

in  fear.  Contrary  to  the  form,  force  and  effect  of  the  statute  in  such 
case   made   and   provided,    and   against   the   peace   and    diirnity   of   the 

people  of  the  state  of .     And  this  complainant,  upon  oath,  accuses 

the  said  (whose  real  name  is  unknown  to  this  complainant),  of 

having  committed  the  said  crime,  and  this  complainant  further  alleges 
and  deposes  that  the  said  accused  was  then  and  there  arrested  therefor 
in  the  actual  commission  of  the  said  offense,  and  prays  that  the  said 
accused  may  be  brought  before  a  magistrate  and  dealt  with  according 
to  law. 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19 — . 

[Signature.] 

Res.  or  Place  of  Bus. 

form  Book — 20 


Form  1082  Coyvdeky's  Form  Book.  402 

COMPOSITION. 

1082.     Composition  agreement  between  debtor  and  creditors. 

No.  1082.     Composition  Agreement  Between  Debtor  and  Creditors. 

Know  all  men  by  these  presents:  That  A.  B.,  of  Jackson,  county  of 
Amador,  state  of  California,  is  indebted  unto  us,  his  said  several  cred- 
itors, in  divers  sums  of  money;  but  by  reason  of  sundry  losses,  hap- 
pened unto  the  said  A.  B.,  he  is  become  unable  to  satisfy  our  demands, 
and  therefore  we,  the  said  creditors,  have  resolved  and  agreed  to  undergo 
a  certain  loss,  and  to  accept  of  twenty  cents,  gold  coin  of  the  United 
States,  for  every  dollar  owing  by  the  said  A.  B.  to  us,  the  several  and 
respective  creditors  aforesaid,  to  be  paid,  in  such  gold  coin,  in  full 
satisfaction  and  discharge  of  our  several  and  respective  debts: 

Now  we,  the  said  creditors  of  the  said  A.  B.,  do,  for  ourselves,  sev- 
erally and  respectively,  and  for  our  several  and  respective  heirs,  execu- 
tors, and  administrators,  promise  and  agi'ee,  to  and  with  the  said  A.  B., 
by  these  presents,  that  we,  the  said  several  and  respective  creditors, 
shall  and  will  accept  of  and  from  the  said  A.  B.,  for  each  and  every 
dollar  that  the  said  A.  B.  does  owe  to  us,  the  said  several  and  respective 
creditors,  the  sum  of  twenty  cents,  payable  in  gold  coin  of  the  United 
States,  in  full  discharge  and  satisfaction  of  the  several  debts  and  sums 
of  money  that  the  said  A.  B.  does  owe  and  stand  indebted  unto  us; 
to  be  paid  unto  us,  the  said  several  and  respective  creditors,  within 
the  time  or  space  of  six  months  next  after  the  date  of  these  presents; 
and  we,  the  said  several  and  respective  creditors,  do  severally  and  re- 
spectively covenant,  promise,  and  agree,  to  and  with  the  said  A.  B., 
that  the  said  A.  B.  shall  and  may,  from  time  to  time,  and  at  all  times, 
within  the  said  time  or  space  of  twelve  months  next  ensuing  the  date 
hereof,  assign,  sell,  or  otherwise  dispose  of,  all  his  goods  and  chattels, 
wares  and  merchandise,  at  his  own  free  will  and  pleasure,  for  and 
toward  the  payment  and  satisfaction  of  the  said  twenty  cents  for  every 
dollar  the  said  A.  B.  does  owe  and  is  indebted  unto  us,  as  aforesaid; 
and  that  neither  we,  the  said  several  and  respective  creditors,  nor  any 
or  either  of  us,  shall  or  will,  at  any  time  or  times  hereafter,  sue,  arrest, 
molest,  or  trouble  the  said  A.  B.,  or  his  goods  and  chattels,  for  any 
debt  or  other  thing,  now  due  or  owing  to  us,  or  any  of  us,  his  respective 
creditors;  so  as  the  said  A.  B.,  well  and  truly  paid,  or  cause  to  be  paid, 
in  such  gold  coin,  the  said  sum  of  twenty  cents  for  every  dollar  he 
does  owe  and  stand  indebted  to  us,  respectively,  within  the  said  time 
or  space  of  six  months  next  ensuing  the  date  hereof;  and  all  and  every 
of  the  grants,  covenants,  agreements,  and  conditions,  herein  contained, 
shall  extend  to  and  bind  our  several  executors,  administrators,  and 
assigns. 

Dated . 

Signatures.  Amounts. 


403       Compromise — Confession  of  Judgment.    Forms  1090-1093 

COMPROMISE. 

1090.     Complaint  to  recover  amount  of  compromise. 

No.  1090.     Complaint  to  Recover  Amount  of  Compromise. 

[Title  of  Court.] 
[Title  of  Cause.]  [Title  of  Form.] 

The  plaintiff  complains,  and  alleges: 

1.  That  on  the  day  of ,  19 — ,  an  action  was  pending  in  the 

said court,  brou^^ht  by  the  plaintiff  to  recover  from  the  defendant 

the   sum   of  dollars    ($ ),   for  goods   sold  by  plaintiff  to   the 

defendant. 

2.  That  on  the day  of ,  19 — ,  at ,  in  consideration  that 

the    plaintiff   would    discontinue    said    action,    and   would    accept   

dollars    ($ )    in   satisfaction   of  his   claim,  the   defendant  promised 

to  pay  the  plaintiff  the  sum  of dollars   ($ ). 

3.  That  the  defendant  accordingly  discontinued  said  action. 

4.  That  no  part  of  said  sum  has  been  paid. 

Wherefore  [etc.].  [Signature.] 

CONDITIONS. 

Condition  of  Assignee's  Bond — Kansas,  No.  548. 

Condition  of  Bond  on  Special  Submission,  No.  411. 

Condition  of  County  Clerk's  Bond — Kansas,  No.  S14. 

Condition  of  County  Treasurer's  Bond — Colorado,  No.  812, 

Condition  of  Guardian's  Bond — Washington,  No.  2009. 

Condition  of  Official  Bond — Wyoming,  No.  819. 

Condition  of  Sheriff's  Bond— Colorado,  No.  813. 

CONFESSION  OF  JUDGMENT. 

3093.     Confession  of  judgment. 

1094.     Entry  of  confession  of  judgment. 

CROSS-REFEEENCES. 

Confession  of  Judgment — Power  of  Attorney  to  Confess  Judgment,  No.  2985. 

No.  1093.     Confession  of  Judgment. 
[Title  of  Court  and  Cause.] 

I,  R.  R.,  of  Oroville,  county  of  Butte,  state  of  California,  do  hereby 
confess  judgment  herein  in  favor  of  J.  D.  of  Quincy,  county  of  Plumas, 
state  of  California,  for  the  sum  of  $650,  gold  coin  of  the  United  States, 
and  authorize  judgment  to  be  entered  therefor  against  me,  with  legal 
interest  thereon  from  this  date. 

This  confession  of  judgment  is  for  a  debt  justly  due  and  owing  to 
the  said  J.  D.,  arising  upon  the  following  facts,  to  wit  : 

At  various  times  between  the  twentieth  day  of  September,  1917,  and 
the  fifteenth  day  of  September,  1917,  I  received  for  the  use  and  benefit 


Form  1094  Cowdery's  Form  Book.  404 

of  tlie  said  J.  D.,  and  from  one  J.  S.,  divers  sums  of  money,  gold  coin 
of  the  United  States,  amounting  in  the  aggregate  to  said  sum  of  $650, 
no  part  of  which  has  ever  been  paid  to  said  J.  D.,  and  it  is  now  due. 

[Signature.] 

State  of  California, 
County  of  Butte,^ss. 

R.  R.,  being  duly  sworn,  says  that  he  is  the  person  who  signed  the 
above  statement,  and  that  he  is  indebted  to  the  said  J.  D.  in  the  sum 
of  $650,  gold  coin  of  the  United  States,  in  said  statement  mentioned; 
that  there  are  no  offsets  to  the  same,  and  that  the  facts  stated  in  the 
above  confession  and  statement  are  true. 

[Signature.] 

Subscribed  and  sworn  to   [etc.]. 

NOTE. A  judgment  by  confession  may  be  entered  without  action  either 

for  money  due  or  to  become  due,  or  to  secure  any  person  against  contingent 
liability  on  behalf  of  the  defendant,  or  both,  in  the  manner  prescribed  by 
this  chapter.  Such  judgment  may  be  entered  in  any  court  having  juris- 
diction for  like  amounts.  -,  ^      ■,      i.         a 

A  statement  in  writing  must  be  made,  signed  by  the  defendant,  and 
Terificd  by  his  oath,  to  the  following  effect: 

1.  It  must  authorize  the  entry  of  judgment  for  a  specified  sum; 

2.  If  it  be  for  money  due,  or  to  become  due,  it  must  state  concisely  the 
facts  out  of  which  it  arose,  and  show  that  the  sum  confessed  therefor  is 
justly  due,  or  to  become  due; 

3.  If  it  be  for  the  purpose  of  securing  the  plaintiff  against  a  contingent 
liability,  it  must  state  concisely  the  facts  constituting  the  liability,  and 
show  that  the  sum  confessed  therefor  does  not  exceed  the  same:  Alaska, 
Comp.  Laws  1913,  sees.  1073-1079;  Arizona,  Eev.  Stats.  (Civ.  Code  1913), 
sec.  560;  California.  Code  Civ.  Proc,  sees.  1132,  1133;  Idaho,  Eev.  Codes 
1907,  sec.  5061;  Kansas,  Gen.  Stats.  1915,  sec.  7304  et  seq.;  Montana,  Eev. 
Codes  1907,  sees.  7250-7253;  Nebraska,  Eev.  Code  1913,  sec.  8002  et  seq.; 
Nevada,  Eev.  Laws  1912,  sees.  5249-5251;  New  Mexico,  Stats.  Ann.  1915, 
see.  3073  et  seq.;  North  Dakota,  Comp.  Laws  1913,  sec.  8477  et  seq.; 
Oklahoma,  Harris  &  Dav's  Codo  1910,  sec.  5306;  Oregon,  Lord's  Orrgoii 
Laws,  sec.  186  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sees.  5537-5539; 
Utah,  Comp.  Laws  1907,  sees.  3213-3215;  Washington,  Eem.  Code,  sec.  413 
et  seq.;   Wyoming,  Comp.  Stats.  1910,  sec.  4618. 

No.  1094.    Entry  of  Confession  of  Judgment. 
[Title  of  Court  and  Cause.] 

In  this  matter,  R.  R.,  having  filed  his  confession  of  judgment,  wherein 
he  authorizes  and  consents  that  judgment  be  entered  in  favor  of  J.  D., 
for  the  sum  of  $650,  gold  coin  of  the  United  States ;  therefore,  by  reason 
of  the  law  and  the  premises  aforesaid,  it  is  ordered  and  adjudged,  that 
tlie  said  J.  D.  do  have  and  recover  of  and  from  the  said  R.  R.  the  sum 
of  $650,  gold  coin  of  the  United  States,  with  interest  thereon,  at  the 
rate  of  seven  per  cent  per  annum,  from  the  date  hereof  until  paid,  to- 
gether with  the  sum  of  ten  dollars  costs  herein. 

Dated . 

NOTE.— California,  Code  Civ.  Proc,  sec.  1133. 


405  Consent — Contempt. 


CONSENT. 

Consent  of  Stockholders  to  Change  Principal  Place  of  Business,  No.  1297. 

Consent  to  Adoption,  No.  251. 

Consent  to  Adoption — Wyoming,  No.  252. 

CONTEMPT. 

1103.  Affidavit  of  contempt  by  disobedience  of  subpoena. 

1104.  Affidavit  of  contempt  in  unlawfully  detaining  witness. 

1105.  Affidavit— Contempt  by  member  of  jury  in  conversing  about  merits 

of  action. 

1106.  Affidavit — Contempt  by  person  summoned  as  juror,  improperly  con- 

versing about  merits  of  action. 

1107.  Affidavit— Unlawful  interference  with  the  proceedings  of  a  court- 

Contempt. 

1108.  Affidavit — Contempt  in  rescuing  a  person  in  the  custody  of  an  officer. 

1109.  Affidavit  of  contempt  by  referee,  in  neglecting  to  take  testimony. 

1110.  Affidavit  of  contempt  for  refusing  permission  to  take  copy  of  ac- 

count. 

1111.  Affidavit  of  contempt  by  person    assuming  to  be  attorney  without 

authority. 

1112.  Affidavit  of  contempt  in  abusing  process  of  court. 

1113.  Affidavit  of  contempt  in  applying  for  order  after  refusal  thereof  by 

another  judge  of  same  court. 

1114.  Affidavit  of  contempt  in  disobeying  mandate  of  court. 

1115.  Affidavit  of  contempt  by  clerk,  in  neglecting  to  enter  default. 

1116.  Affidavit  of  contempt  in  willfully  neglecting  to  serve  subpoena. 

1117.  Affidavit  of  contempt  in  refusing  to  obey  order  of  court. 

1118.  Affidavit  of  contempt  by  re-entry  into  real  property  after  ejectment. 

1119.  Affidavit  of  contempt  by  dissuading  witness  from  attending  court. 

1120.  Affidavit— Contempt  by  attorney  in  willfully  neglecting  his  duty. 

1121.  Order  for  defaulting  juror  to  show  cause. 

1122.  Order  to  show  cause  why  party  should  not  be  punished  for  contempt. 

1123.  Order  purging  of  contempt. 

1124.  Order  convicting  of  contempt  after  order  to  show  cause. 

1125.  Attachment  for  defaulting  witness. 

1126.  Judgment  of  conviction  of  contempt  in  view  of  judge. 

1127.  Judgment  of  conviction  for  contempt  in  presence  of  the  court. 

1128.  Order  directing  attachment  against  administrator  for  contempt  in 

not  rendering  account. 

1129.  Order  committing  administrator  for  contempt  for  disobeying  order 

of  court. 

1130.  Order  revoking  letters  after  commitment  for  contempt. 

1131.  Warrant  of  commitment  for  contempt  in  using  disrespectful  and  con- 

temptuous laRguap:e. 

1132.  Warrant  for  contempt — Justice's  court — Washington. 

1133.  Judgment  for  contempt — Justice's  court — Washington. 

INTRODUCTORY  NOTE. 

In  California,  the  following  acts,  in  respect  to  a  court  of  justice, 
are  contempts:  1.  Disorderly,  contemptuous,  or  insolent  behavior 
toward  the  judge  while  holding  the  court,  tending  to  interrupt 
the  due  course  of  a  trial  or  other  judicial  proceeding;  2.  A  breach 
of  the  peace,  boisterous  conduct,  or  violent  disturbance,  tending  to 
interrupt  the  due  course  of  a  trial  or  other  judicial  proceeding; 


Form  1103  Cowdeey's  Form  Book.  406 

3.  Misbehavior  in  office,  or  other  willful  neglect  or  violation  of  duty 
by  an  attorney,  counsel,  clerk,  sheriff,  coroner,  or  other  person  ap- 
pointed or  elected  to  perform  a  judicial  or  ministerial  service ;  4. 
Deceit  or  abuse  of  the  process  or  proceedings  of  the  court  by  a 
party  to  an  action  or  special  proceeding;  5.  Disobedience  of  any 
lawful  judgment,  order,  or  process  of  the  court;  6.  Assuming  to 
be  an  officer,  attorney,  counsel  of  a  court,  and  acting  as  such  with- 
out authority ;  7.  Rescuing  any  person  or  property,  in  the  custody 
of  an  officer  by  virtue  of  an  order  or  process  of  such  court ;  8.  Un- 
lawfully detaining  a  witness  or  party  to  an  action  while  going  to, 
remaining  at,  or  returning  from,  the  court  where  the  action  is  on 
the  calendar  for  trial;  9.  Any  other  unlawful  interference  with 
the  process  or  proceedings  of  a  court;  10.  Disobedience  of  a  sub- 
poena duly  served,  or  refusing  to  be  sworn  or  answer  as  a  witness; 
11.  When  summoned  as  a  juror  in  a  court,  neglecting  to  attend  or 
serve  as  such,  or  improperly  conversing  with  a  party  to  an  action 
to  be  tried  at  such  court,  or  with  any  other  person,  in  relation  to 
the  merits  of  such  action,  or  receiving  a  communication  from  a 
party  or  other  person  in  respect  to  it,  without  immediately  dis- 
closing the  same  to  the  court;  12.  Disobedience,  by  an  inferior 
tribunal,  magistrate,  or  officer  of  the  lawful  judgment,  order,  or 
process  of  a  superior  court,  or  proceeding  in  an  action  or  special 
proceeding  contrary  to  law,  after  such  action  or  special  proceeding 
is  removed  from  the  jurisdiction  of  such  inferior  tribunal,  magis- 
trate, or  officer.  Disobedience  of  the  lawful  orders  or  process  of 
a  judicial  officer  is  also  a  contempt  of  the  authority  of  such  officer. 
It  is  also  a  contempt  for  a  person  ejected  from  real  property 
to  re-enter  under  the  same  [old]  titles:  Code  Civ.  Proc,  sec.  1209. 

NOTE. — Alaska,  Comp.  Laws  1913,  sees.  1441-1455;  Arizona,  Eev.  Stats. 
(Civ.  Code  1913),  sees.  1798-1804;  California,  Code  Civ.  Proc,  sees.  1209- 
1222;  Hawaii,  Rev.  Code  1915,  sees.  4052-4056;  Idaho,  Eev.  Codes  1907, 
sees.  5155-5168;  Kansas,  Gen.  Stats.  1915,  sees.  3104-3109;  Montana,  Rev. 
Codes  1907,  sees.  7309-7322;  Nebraska,  Rev.  Code  1913,  sees.  8236-8238; 
Nevada,  Rev.  Laws  1912,  sees.  5394-5407;  North  Dakota,  Comp.  Laws  1913, 
sees.  8178-8201;  Oklahoma,  Harris  &  Day's  Code  1910,  sees,  2277-2280; 
Oregon,  Lord's  Oregon  Laws,  sees.  670-684;  Utah,  Comp.  Laws  1907,  sees. 
3358-3373;  Washington,  Rem.  Code,  sees.  1049-1062;  Wyoming,  Comp,  Stats. 
1910,  see.  4549. 

No.  1103.    Affidavit  of  Contempt  by  Disobedience  of  Subpoena. 
[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Butte, — ss. 

J.  B.,  being  duly  sworn,  says :  That  he  is  a  duly  elected,  qualified  and 
acting  sheriff  of  said  county;  that  on  the  second  day  of  Januarj^  1917, 
in  the  town  of  Downieville,  Sierra  county,  he  duly  served  a  subpoena 


4.07  Contempt.  Forms  llOi,  1105 

on  H.  C,  Esq.,  duly  issiied  out  of  this  court,  on  the  part  of  defendant, 
commanding  the  said  H.  C,  Esq.,  to  appear  in  this  court  on  this  third 
day  of  January,  1917,  at  the  hour  of  ten  o'clock  A.  M.,  as  a  witness  on 
behalf  of  defendant;  that  the  said  H.  C.  did  not  demand  his  fees  as  a 
witness;  that  the  said  H.  C.  has  not  obeyed  said  subpoena,  and  did  not 
appear  as  a  witness  this  day,  though  his  name  was  by  me,  as  directed 
by  the  judge  of  this  court,  called  in  a  loud  voice  at  the  door  of  this 
court. 

Wherefore,  affiant  prays  that  a  warrant  may  be  issued  for  the  arrest 
of  said  H.  C,  and  that  he  may  be  dealt  with  as  provided  by  law. 

[All  courts.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1209  (subd.  10),  1211. 

No.  1104.    Affidavit  of  Contempt  in  Unlawfully  Detaining  Witness. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

,  being  duly  sworn,  says  that  on ,  19 — ,  he  was  in  good  faith 

served  with  a  subpoena  to  attend  on  said  ,  19—,  as  a  witness  be- 
fore the  above-entitled  court ;  that  on  said said  action  was  on  the 

calendar  for  trial ;  that  on  said  day,  while  affiant  was  on  his  way  to  the 
room  where  this  court  was  then  sitting,  he  was  arrested  by  ,  eon- 
stable  of  township,  upon  a  warrant  of  arrest  issued  by  ,  a 

justice  of  the  peace  of  said  township,  in  a  civil  action  brought  in  said 

court  to  recover  the  possession  of ,  upon  a  complaint  alleging  that 

affiant  had  unjustly  detained  the  to  prevent  its  being  found;  and 

that  affiant  exhibited  his  subpoena  to  said  constable,  but  he  refused  to 
permit  affiant  to  obey  said  subpoena. 

Wherefore  [etc.]. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1209  (subd.  8),  1211. 

No.  1105.    Affidavit  —  Contempt  by   Member   of   Jury   in   Conversing 

About  Merits  of  Action. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  S3. 

being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above-en- 
titled action,  and is  a  defendant  in  said  action ;  that  said  action  is 

now,  on  this day  of ,  19 — ,  on  trial  before  said  court  before  a 

jury;  that is  a  member  of  said  jury;  that  on  said day  of , 


Forms  HOG,  1107        Cowdery's  Form  Book.  408 

s^^ia ,  while  a  member  of  said  jury,  improperly  conversed  with 

in  relation  to  the  merits  of  said  action. 

Wherefore  [etc.]. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1209  (subd.  11),  1211. 

No.  1106.    Afadavil^Contempt  by  Person   Summoned   as  Jnror,   Im- 
properly Conversing  About  Merits  of  Action. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

^  being  duly  sworn,  says  that  he  is  a  deputy  sheriff  of  the  said 

county' of  — ^;  that  he  summoned to  serve  as  a  juror  in  the  above- 
entitled  action;  that  after  the  said  was  summoned  as  aforesaid  he 

improperly  conversed  with  relating  to  the  merits  of  said  action; 

and  tliat  said  conversation  was  had  for  the  purpose  of  causing  him  to 
be  disqualified  to  sit  as  a  juror  in  the  trial  of  said  action. 

Wherefore  [etc.]. 

[Signature.]. 

Subscribed  and  sworn  to  [etc,]. 

[Official  signature.] 

NOTE.— See  Cal.  Code  CIt.  Proc,  sees.  1209  (subd.  11),  1211. 

No.  1107.    Afl&davit— Unlawful  Interference  With  the  Proceedings  of  a 

Court — Contempt. 
[Title  of  Court  and  Cause.] 
State  of  Calif orina, 
County  of  Butte, — ss. 

A.  B.,  being  duly  sworn,  says:  That  he  is  plaintiff  in  the  above-en- 
titled action,  and  C.  D.  is  defendant.  That  said  case  is  set  for  trial  on 
June  3,  1917,  at  10  o'clock  A.  M.,  before  the  judge  of  said  court  sitting 
Avithout  a  jury.  That  on  May  25,  1917,  plaintiff  caused  E.  F.,  a  com- 
petent and  material  witness  on  plaintiff's  behalf,  to  be  subpoenaed  to 
appear  before  said  court  at  said  trial.  That  on  June  2,  1917,  said  de- 
fendant dissuaded  said  witness  from  attending  said  court  to  testify  on 
behalf  of  plaintiff  in  said  action  [or,  that  he  dissuaded  him  not  to 
attend  after  promising  to  attend  without  subpoena;  or  that  he  threat- 
ened him  with  injury  if  he  did  attend;  or  that  he  threatened  a  party 
to  the  action  with  injury  if  he  attended ;  or  offered  to  influence  the  court 
or  jury  on  behalf  of  a  party].  That  said  witness  did  not  attend  at  said 
trial  because  of  said  dissuasion. 

Wherefore  [etc.]. 

[Signature.] 


409  Contempt.  Forms  1108, 1109 

NOTE. — Such  conduct  is  unlawful  interference  with  the  process  or  pro- 
ceedings of  a  court:  California,  Code  Civ.  Proc,  sees.  1209  (subd.  9),  1212. 
See  In  re  Buckley,  69  Cal.  1,  31,  10  Pae.  69. 

No.  1108.    Affidavit— Contempt  in  Rescuing  a  Person  in  the  Custody  of 

an  Officer. 
[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Butte, — ss. 

A.  B.,  being  sworn,  says :  That  he  is  a  deputy  sheriiT  of  the  county  of 
Butte.  That  under  the  authority  of  a  warrant  issued  out  of  said  court 
and  by  order  of  the  judge  thereof,  and  delivered  to  him  by  the  district 
attorney,  he,  on  the  third  day  of  June,  1917,  arrested  and  took  into 
custody  C.  D.,  the  person  said  warrant  directed  him  to  arrest,  and  bring 
before  this  court.  That  on  the  day  of  said  arrest,  the  said  C.  D.  was  by 
E.  F.  and  over  thirty  others,  to  affiant  unknown,  taken  from  the  custody 
of  affiant  with  violence  and  irresistible  force.  That  affiant  was  dis- 
armed and  beaten  by  said  E.  F.  and  others. 

Wherefore  [etc.]. 

[Signature.] 

NOTE. — Rescuing  a  person  or  property  in  the  custody  of  an  officer  by 
virtue  of  any  order  or  process  of  a  court  is  a  contempt:  California,  Code 
Civ.  Proc,  sees.  1209   (subd.  7),  1212. 

No.  1109.    Affidavit  of  Contempt  by  Referee,  in  Neglecting  to  Take 

Testimony. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above-en- 
titled action;  that  on  ,  19 — ,  said  action  was  referred  to  ,  to 

take  the  testimony  and  report  his  finding  and  judgment;  that  he  con- 
sented to  act,  and  did  act  to  the  extent  of  hearing  all  plaintiff's  testimony 
and  the  submission  of  his  case;  that  when  said  case  was  submitted  on 

the  part  of  plaintiff,  to  wit,  on ,  19 — ,  said  referee  announced  that 

he  would  take  defendant's  testimony,  commencing  on  ,  19 — ,  at  a 

time  and  place  then  agreed  upon  by  plaintiff  and  defendant;  that  at  the 
time  and  place  agreed  upon  said  referee  neglected  to  appear,  and  affiant 
has  repeatedly  requested  him  to  take  testimony  for  defendant,  so  that 
the  case  might  be  reported  back  to  the  court ;  but  he  obstinately  refused, 
and  does  still  refuse,  to  proceed  further  in  tlie  matter. 

Wherefore  [etc.]. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — See  Cal.  Code  Civ.  Proc,  sees.  1209   (subd.  3),  1211. 


Forms  1110, 1111        Cowdehy's  Form  Book.  410 

No.  1110.    Affidavit   of  Contempt  for  Refusing  Permission  to   Take 

Copy  of  Account. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  defendant  in  the  above- 
entitled  action;  that  on  ,  19 — ,  the  judge  of  said  court  made  an 

order  in  writing  that  ,  the  plaintiff  in  said   action,  give   affiant, 

witliin  ten  days  from  said  ,  19 — ,  permission  to  take  a  copy  of  the 

account  described  in  said  order;  that  on  the and days  of  said 

mouth  of ,  between  the  hours  of A.  M.  and P.  M.  of  said 

days,  affiant  went  to  the  place  of  business  of  said  plaintiff,  where  said 

account  is  kept,  to  wit,  plaintiff's  grocery  store,  number street,  in 

the  town  of ,  in  said  county,  and  demanded  of  plaintiff  permission 

to  take  a  cop}'  of  said  account;  but  each  and  every  application  was 

refused ;    and   when   application   was   made   on  ,   affiant   requested 

plaintiff  to  fix  a  day  and  hour  when  said  copy  could  be  taken;  but  he 
refused  to  do  so. 

Wherefore  [etc.], 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1000,  1209  (subd.  5),  1211. 

No.  1111.    Affidavit  of  Contempt  by  Person  Assuming  to  be  Attorney 

Without  Authority, 
[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

,  being  duly  sworn,  says  that  in  the  above-entitled  action  the 

name  of  is  signed  to  the  complaint  as  attorney  for  plaintiff,  and 

he  has  appeared  in  said  action  as  such  attorney;   that  said  action  is 
brought  to  obtain  a  divorce  from  plaintiff's  alleged  wife;  that  the  said 

has  not  been  admitted  to  practice  law  in  the  court  in  which  said 

action  is  pending. 

Wherefore  [etc.], 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  281,  1209  (subd.  6),  1211. 


411  Contempt.  Forms  1112, 1113 

No.  1112.    Affidavit  of  Contempt  in  Abusing  Process  of  Court. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  Si. 


,  being  duly  sworn,  says  that  he  is  the  defendant  in  the  abovo- 

entitled  action;   tliat  ,  the  plaintiff,   is   an  attorney  at  law;   that 

defendant  was  indebted  to  plaintiff  for  the  services  described  in  said 
complaint,  but  the  amount  of  said  indebtedness  was  the  issue  to  be  tried 
in  said  action;  that  defendant  is  the  owner  of  unencumbered  real  estate 

standing  of  record  in  his  own  name  in  said  county  of  ,  of  the 

assessed  value  of  over dollars  ($ ),  and  he  has  in  said  county 

unencumbered   personal   property   of  the   value   of  over  dollars 

($ ) ;  that  the  amount  involved  in  said  action  does  not  exceed  ■ 

dollars  ($ ),  and  the  interest  and  costs,  which  will  not  exceed  

dollars  ($ );  that  said  action  is  set  to  be  tried  on ,  19 — ;  that 

on  ,  19 — ,  defendant  caused  an  attachment  to  be  issued  in  said 

action,   and  caused  belonging  to   defendant   to  be  attached  and 

taken  from  his  possession  when  he  was  on  the  platform  of  a  railroad 
train  ready  to  take  the  cars  for  ;  that  immediately  after  said  at- 
tachment, and  before  the  departure  of  the  train,  plaintiff  said  to  affiant 
that  he  would  release  said  attachment  if  affiant  woiild  give  him  a  check 

for dollars  ($ ) ;  that  affiant  gave  plaintiff  said  check,  and  said 

attachment  was  released. 

Wherefore  [etc.]. 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1209  (subd.  4),  1211. 

No.  1113.    Affidavit  of  Contempt  in  Applying  for  Order  After  Refusal 

Thereof  by  Another  Judge  of  Same  Court. 
[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 

,  being  duly  sworn,  says,  that  he  is  the  attorney  for  plaintiff  in 

the  above-entitled  action ;  that  defendant  appeared  in  said   action  by 

,  his  attorney,  and  demurred  to  the  complaint;  that  said  demurrer 

was  overruled  and  defendant  allowed  to  answer  within  ten  days  from 

,  19 — ;  that  before  said  time  had  expired  defendant,  by  his  said 

attorney,  applied  to  the  judge  of  said  court  for  an  order  extending  the 
time  for  serving  and  filing  said  answer,  and  said  judge  extended  said 

time  to  ,  19 — ;  that  on  ,  19—,  said  attorney  applied  to  s.aid 

judge  for  a  further  extension  of  ten  days,  but  said  judge  refused  to  ex- 
tend such  time;  and  that  on  the  same  day,  notwithstanding  said  refusal, 

said  attorney  applied  to  a  judge  of  the  same  court,  to  wit,  ,  and 

obtnined  an  extension  of  time  to  answer  as  aforesaid,  to  . 


Forms  1114, 1115        Cowdery's  Form  Book.  412 

Wherefore  affiant  prays  for  an  order  citing  the  said  to  show 

cause  why  he  should  not  be  punished  for  contempt  because  of  sucli  ap- 
plication in  violation  of  the  statute. 

[Signature.] 
Subscribed  and  sworn  to  [etc.], 

[OflScial  signature,] 
NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  182,  183,  1209  (subd.  3),  1211. 

No.  1114.    AfSdavit  of  Contempt  in  Disobeying  Mandate  of  Court. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 


,  being  duly  sworn,  says  that  he  is  the  attorney  for  plaintiff  in 

the  case  of  v.  ,  hereinafter  referred  to;  that  on  ,  19—, 

tlie court  in  and  for  said  county  of issued  a  peremptory  writ 

commanding  ,  a  justice  of  the  peace  in  and  for  the  township  of 

,  immediately  after  the  receipt  of  said  writ,  to  issue  execution  on 

the  judgment  for  plaintiff  in  the  said  action  of  v.  ,  for  

dollars  ($ )  damages  and  costs,  by  said ,  entered  in  the  docket 

of  said  justice  of  tlie  peace,  on  ,  19—,  and  to  deliver  said  execu- 
tion to  ,  the  attorney  of  the  plaintiff  in  said  action. 

That  on  said day  of ,  affiant  delivered  the  said  writ  to  the 

said ,  and  requested  him  to  immediately  issue  said  writ;  and  there- 
after, on  the  and  of  said  month  of  ,  he  made  the  same 

request,  but  said  justice  of  the  peace  has  not  issued  said  writ. 

Wherefore  [etc.]. 

[Signature.] 
Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 
NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1209  (subd.  5),  1211, 

No.  1115.    Affidavit  of   Contempt  by  Clerk,   in  Neglecting  to  Enter 

Default. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  attorney  for  plaintiff  in 

the  above-entitled  action;  that  is  the  clerk  of  said  court;  that  on 

,  19 — ,  the  said  action  was  tried  in  said  court  and  judgment  was 

ordered  for  plaintiff  in  the  sum  of dollars  ($ ),  and dollars 

($ )  costs ;  that  the  said  clerk  willfully  neglected  to  enter  said  judg- 
ment at  the  time  and  in  the  form  and  manner  as  required  by  law. 


413  Contempt.  Forms  lllG,  1117 

Wherefore  affiant  prays  for  an  order  citing  the  said  to  show 

cause  why  he  should  not  be  punished  for  contempt  because  of  his  viola- 
tion of  his  duty  as  clerk  of  said  court. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1209  (subd.  3),  1211. 

No.  1116.    Affidavit   of   Contempt   in   Willfully  Neglecting   to   Serve 

Subpoena. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  attorney  for  defendant  in 

the  above-entitled  action;  that  is  the  sheriff  of  said  county;  that 

said  action  was  set  for  trial  on  ,  19 — ,  at  o  'clock  A.  M. ;  that 

on  ,  19 — ,  affiant  delivered  to  said  sheriff  a  subpoena  issued  by 

the  clerk  of  said  court  in  manner  and  form,  and  signed  and  sealed,  as 
by  law  required,  commanding  him  to  subpoena to  appear  as  a  wit- 
ness for  plaintiff  on  said  day  of ,  as  aforesaid ;  but  that  said 

sheriff  willfully  neglected  to  serve  said  subpoena. 

Wherefore  affiant  prays  for  an  order  citing  the  said  sheriff  to  show 
cause  why  he  should  not  be  punished  for  contempt  because  of  his  said 
violation  of  his  duty  as  sheriff. 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1209  (subd.  3),  1211. 

No.  1117.    Affidavit  of  Contempt  in  Refusing  to  Obey  Order  of  Court. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is,  and  was  during  all  the  times 

hereinafter  mentioned,  the  sheriff  of  said  county  of  ,  duly  elected 

and  qualified;  that  on  the  day  of ,  19—,  ,  superior  judge 

in  and  for  said  county,  duly  made  an  order  in  said  ease  that appear 

before  him  on  the  day  of  ,  19 — ,  and  then  and  there  submit 

himself  to  examination  in  said  action  in  proceedings  supplemental  to 
execution,  which  order,  and  the  affidavit  on  which  said  order  was  based, 
are  herein  referred  to  and  made  a  part  hereof,  and  marked  "Exhibit 

A"   and   "Exhibit  B";  that  in   obedience  to  said  order  the  said  

appeared  in  court  as  in  said  order  directed,  and,  on  examination  con- 
cerning his  property,  testified  that  he  had  on  his  person  and  under  his 


Forms  1118,  1119        Cowdery's  Form  Book.  414 

control  ,  all  of  which  was  his  property.     Thereupon  the  said  court 

made  an  order  that  he  deliver  all  of  said  property  to  affiant,  as  sheriff, 
to  be  applied  toward  the  satisfaction  of  the  execution  in  said  action; 
that  petitioner  was  informed  of  said  order,  but  refused  to  obey  it,  and 
he  still  does  refuse  to  deliver  any  of  said  property  to  affiant  to  be  ap- 
plied on  said  execution  as  aforesaid,  altthough  said  property  is  in  his 
possession. 

Wherefore  affiant  prays  that  the  said may  be  arrested  and  pun- 
ished as  for  a  contempt  of  this  court. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1209  (subd.  5),  1211. 

No.  1118.    Affidavit  of  Contempt  by  Re-entry  into  Real  Property  After 

Ejectment. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above-en- 
titled action,  and is  a  defendant  in  said  action;  that  on ,  19 — , 

a  judgment  was  rendered  by  said  court  restoring  plaintiff  to  the  posses- 
sion, and  evicting  said  therefrom;  that  under  the  order  of  said 

court,  based  upon  said  judgment,  said  was  on  ,  19 — ,  by  the 

sheriff  of  said  county  of  ,  dispossessed  from  said  premises,  and 

plaintiff  was  by  said  sheriff  placed  in  possession  thereof;  that  on  the 

■ day  of  said  month  of  ,  in  the  absence  of  plaintiff  from  said 

premises,  said  defendant  re-entered  and  took  possession  of  said  prem- 
ises, and  he  is  now  in  the  possession  thereof. 

Wherefore  [etc.]. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — Under  such  circumstances,  or  where  a  person  aids  or  abets  in 
dispossessing  an  evicted  person,  he  is  guilty  of  contempt.  The  court  will, 
after  conviction  for  contempt,  immediately  issue  an  alias  process  directing 
the  sheriff  to  restore  the  plaintiff,  or  his  grantee,  to  the  possession:  Cali- 
fornia, Code  Civ.  Proc,  sees.  1210-1212. 

No.  1119.    Affidavit  of  Contempt,  by  Dissuading  Witness  from  Attend- 
ing Court. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above-en- 
titled action,  and  is  the  defendant;  that  said  case  is  set  for  trial 


415  Contempt.  Form  1120 

on  ,  19 — ,  at  o'clock  A.  M.,  before  the  judge  of  said  court, 


sitting  without  a  jury;  that  on ,  19—,  plaintiff  caused ,  a  com- 
petent and  material  witness  on  plaintiff's  belialf,  to  be  subpoenaed  to 
appear  before  said  court  at  said  trial ;  that  on ,  191 — ,  said  defend- 
ant dissuaded  said  witness  from  attending  said  court  to  testify  on  behalf 
of  plaintiff  in  said  action  [or,  that  he  threatened  him  injury  if  he  did 
attend;  or,  that  he  threatened  a  party  to  the  action  with  injury  if  tlie 
witness  attended ;  or  other  facts  constituting  dissuasion]  ;  and  that  said 
witness  did  not  attend  at  said  trial  because  of  said  dissuasion. 

Wherefore  [etc.] 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1209  (subds.  8,  9),  1211. 

No.  1120.    Affidavit  —  Contempt  by  Attorney  in  Willfully  Neglecting 

His  Duty. 
[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Butte, — ss. 

A.  B.,  being  duly  sworn,  says :  That  he  is  the  defendant  in  the  above- 
entitled  action.  That  C.  D.  is  now,  and  was,  on  June  3,  1917,  an  attor- 
ney at  law,  admitted  to  practice  by  the  supreme  court  of  the  state  of 
California.  That  on  June  4,  1917,  affiant  employed  said  C.  D.  to  defend 
said  action  and  thereupon  he  drew  and  filed  defendant's  ansAver  in  said 
action.  That  on  motion  of  plaintiff  and  in  conformity  with  law  and 
the  rules  of  said  court  said  action  was  set  for  trial  by  a  jury  on  De- 
cember 10,  1917,  at  10  o'clock  A.  M.  That  on  December  3,  1917,  said 
C.  D.  notified  afiiant  that  said  action  would  be  tried  on  the  day  set. 
That  on  said  December  10th,  at  10  o'clock  A.  M.,  affiant,  with  his  wit- 
nesses, appeared  in  court.  That  said  C.  D.  did  not  appear.  That  the 
plaintiff  caused  a  jury  to  be  impaneled,  introduced  his  evidence,  and 
such  proceedings  were  had  that  in  the  absence  of  said  C.  D.,  who  did 
not  appear  at  the  trial,  a  verdict  and  judgment  were  entered  for 
plaintiff. 

Wherefore  affiant  prays  for  an  order  citing  the  said  C.  D.  to  show 
cause  why  he  should  not  be  punished  for  contempt  because  of  his  said 
violation  of  his  duty  as  an  attorney. 

Subscribed  and  sworn  to  [etc.]. 

[Signature.] 

NOTE. — Misbehavior  in  office,  or  other  willful  neglect  or  violation  of 
duty  by  an  attorney,  clerk,  sheriff,  coroner  or  other  person  elected  or 
appointed  to  perform  a  judicial  or  ministerial  office,  ia  a  contempt:  Cali- 
fornia, Code  Civ.  Proc,  sees.  1209  (subd.  3),  1212. 


Forms  1121-1124        Cowdery's  Form  Book.  416 

llo.  1121.     Order  for  Defaulting  Juror  to  Show  Cause. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  to  ,  Greeting. 

You  are  hereby  commanded  to  be  and  appear  before  the  court 

of  the  county  of ,  state  of ,  at  the  courtroom  of  said  court,  in 

the  courthouse,  on  ,  the  day  of  ,  19 — ,  at  o'clock 

A.  M.,  then  and  there  to  show  cause  why  you  should  not  be  punished 
for  contempt  in  failing  to  attend  the  said  court  as  a  juror. 

Witness  the  Honorable  ,  judge,  and  the  seal  of  said  court,  this 

day  of ,  19 — . 

[Seal]  Attest,    ,  Clerk. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  238,  1212. 

No.  1122.    Order  to  Show  Cause  Why  Party  Should  not  be  Punished 

for  Contempt. 
[Title  of  Court  and  Cause.] 

On  reading  and  filing  the  affidavit  of  charging  with  con- 
tempt of  this  court,  and  sufficient  cause  appearing  therefor,  it  is  ordered 

that  the  said  be  and  appear  before  this  court  in  open  court  at 

the   courtioom  thereof,  on  ,  the  day  of  ,  19 — ,  at  

o'clock  A.  M.,  to  show  cause  why  he  should  not  be  punished  for  con- 
tempt as  in  said  affidavit  alleged.     It  is  ordered  that  a  copy  of  said 

affidavit  and  of  this  order  be  served  on  the  said at  least  five  days 

before  said day  of ,  19 — . 

Dated  ,  19—. 

,  Judge. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1212, 

No.  1123.     Order  Purging  of  Contempt. 
[Title  of  Court  and  Cause.] 

The  said  having  this  day  purged  himself  of  the  charge  of  con- 
tempt preferred  against  him  by  ,  constable,  it  is  ordered  that  the 

said be,  and  he  now  is,  acquitted  of  said  charge,  and  he  is  hereby 

discharged  from  arrest. 

No.  1124.  Order  Convicting  of  Contempt  After  Order  to  Show  Cause. 
[Title  of  Court  and  Cause,] 

Whereas  [recite  the  facts  constituting  the  contempt,  and  state 

who  committed  it],  and  an  order  having  issued  for  the  said  to 

show  cause  why  he  should  not  be  punished  for  said  alleged  contempt, 

and  the  said  having  appeared  in  response  to  said  order,  and  an 

examination  of  the  charge  having  been  made  in  presence  of  the  accused: 

It  is  therefore  ordered  that  the  said be,  and  he  now  is,  adjudged 

giiilty  of  contempt  in  disobeying  the  lawful  order  of  this  court  as  afore- 
said, he  having  the  power  to  obey  said  order;  and  it  is  adjudged  that 
the  said  be  imprisoned  in  the  county  jail  of  said  county  for  the 


417  Contempt.  Forms  1125-1127 

period  of  five  days  [or,  until  he  complies  with  the  order  (where  the 
contempt  is  the  omission  to  perform  any  act)]. 

Dated  ,  19—. 

,  Judge. 

No.  1125.    Attachment  for  Defaulting  Witness. 

In  the Court  of  the  County  of  ,  State  of . 

The  People  of  the  State  of to  the  Sheriff  of  said  County,  Greeting. 

You  are  hereby  commanded  forthwith  to  attach  the  body  of  , 

defaulting  witness,  and  have  him  before  our  said  court  on  ,  the 

day  of  ,  19 — ,  then  and  tliere  to  show  cause  why  he  sliould 

not  be  punished  for  contempt,  in  disobeying  a  subpoena  of  this  court 
duly  served  on  him,  summoning  him  to  appear  in  this  court  as  a  wit- 
ness on  the day  of ,  19 — . 

Witness  the  Honorable  ,  judge,  and  the  seal  of  said  court,  this 

day  of ,  191—. 

[Seal]  Attest,    ,  Clerk. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1212. 

No.  1126.    Judgment  of  Conviction  of  Contempt  in  View  of  Judge. 
[Title  of  Court  and  Cause.] 

Whereas,  during  the  trial  of  the  above-entitled  action  in  this  court. 
at  Downieville,  Sierra  county,  state  of  California,  on  the  third  day  ot 
January,  1917,  before  the  undersigned,  a  judge  of  said  superior  court, 
H.  S.,  a  witness,  was  under  examination  on  the  part  of  plaintiff,  and 
while  said  witness  was  giving  his  evidence,  F.  A.,  Esq.,  the  attorney 
for  defendant,  objected  to  the  testimony  then  being  given  by  said  wit- 
ness, on  the  ground  that  said  witness  was  stating  facts  not  within  his 
own  knowledge,  the  same  being  hearsay,  which  objection  the  court 
sustained;  whereupon,  S.  D.,  Esq.,  the  attorney  for  plaintiff,  shook  his 
finger  at  the  undersigned,  and,  with  a  low  bow,  stated,  in  a  sneering 
manner,  that  the  undersigned  evidently  knew  more  law  than  Black- 
stone,  and  that  the  bar  of  the  state  of  California  would  take  it  kindly 
if  the  undersigned  would  condescendingly  write  a  treatise  on  evidence; 
for  which  conduct  I  then  and  there,  and  do  now,  adjudge  the  said  S.  D. 
guilty  of  contempt,  and  I  order  him  to  pay  a  fine  of  $500,  and  to  be 
imprisoned  one  day  in  the  county  jail  of  said  county  of  Sierra. 

Dated  . 

,  Judge. 

NOTE. — California,  Code  Civ.  Proc,  sec.  1211. 

No.  1127.    Judgment  of  Conviction  for  Contempt  in  Presence  of  the 
Court. 

[Title  of  Court  and  Cause.] 

The  court  having  met  pursuant  to  adjournment,  the  judges  proceeded 
to  their   respective   seats  upon   the  bench.     Charles   E.   Pickett,   being 

Form  Book — 27 


Form  1127  Cowdery's  Form  Book.  418 

then  present  in  the  courtroom,  suddenly  obtruded  himself  upon  the 
bench,  and  into  the  chair  of  Crockett,  J.,  and  announced  that  he  had  as 
good  a  right  to  occupy  a  seat  upon  the  bench  of  said  court  as  the  said 
Crockett  had,  and  the  said  Pickett  thereupon,  being  commanded  by 
the  chief  justice  to  leave  the  said  chair,  peremptorily  refused  to  do  so, 
and  was  subsequently  removed  therefrom  by  actual  force. 

Whereupon  it  is  now  here  by  the  court  adjudged  tliat  the  said  Charles 
E.  Pickett  is  guilty  of  a  contempt  of  this  court,  committed  in  its  im- 
mediate presence,  by  unlawfully  interfering  with  its  proceedings  in 
manner  as  aforesaid,  and  by  disorderly,  contemptuous,  and  insolent 
behavior  towards  the  court  and  the  judges  thereof  then  present  as 
aforesaid,  it  is  now  here  ordered  and  adjudged  by  the  court,  that  for 
such,  his  contempt  aforesaid,  he,  the  said  Charles  E.  Pickett,  shall  suf- 
fer imprisonment  by  close  confinement  in  the  common  jail  of  the  city 
and  county  of  San  Francisco  for  the  period  of  five  days,  and  further, 
that  he  pay  a  fine  of  five  hundred  dollars,  and  that  if  the  said  fine  be 
not  paid  at  the  expiration  of  five  days'  imprisonment,  then  it  is  fur- 
ther ordered,  adjudged,  and  decreed,  that  the  said  Charles  E.  Pickett 
be  imprisoned  and  kept  in  close  confinement  in  said  common  jail  until 
the  said  fine  be  paid,  provided  that  such  imprisonment  for  the  non- 
paj-ment  of  said  fine  may  extend  to,  but  shall  not  exceed,  one  day  for 
every  two  dollars  of  the  fine  due  from  him,  the  said  Charles  E.  Pickett, 
and  that  a  warrant  and  writ  of  execution  do  forthwith  issue,  directed 
to  the  sheriff  of  the  city  and  county  of  San  Francisco,  commanding' 
him  to  carry  the  aforesaid  judgment  into  effect. 

And  the  said  Charles  E.  Pickett  being  still  present,  and  having  been 
adjudged  guilty  of  the  contempt  of  the  court  aforesaid,  in  manner  and 
form  aforesaid,  and  the  judgment  of  the  court  in  that  behalf  having 
been  then  and  there  announced  in  open  court,  he,  the  said  Charles  E. 
Pickett,  then  and  there  insolently  and  contemptuously  used  and  ad- 
dressed to  the  court  then  and  there,  being  in  open  session,  the  following 
lantiunge  in  reference  to  the  said  judgment,  to  wit:  "I  defy  your 
authority. ' ' 

Whereupon  and  before  committing  the  said  Charles  E.  Pickett  into 
the  custody  of  the  sheriff,  it  is  now  here  adjudged  that  the  said  Charles 
E.  Pickett  is  guilty  of  a  further  contempt  of  this  court  committed  in 
its  immediate  presence,  by  reason  of  the  disorderly,  contemptuous,  and 
insolent  behavior  and  language  towards  the  court  and  the  judges 
thereof,  as  last  aforesaid,  and  that  for  such,  his  contempt  last  afore- 
said, he  shall  suffer  imprisonment  by  close  confinement  in  the  said 
common  jail  for  the  further  period  of  five  days,  and  that  he  pay  a  fine 
in  the  further  sum  of  five  hundred  dollars. 

It  is  therefore  ordered  that  the  said  Charles  E.  Pickett  be  committed 
into  the  custody  of  the  sheriff  of  the  city  and  county  of  San  Francisco, 
to  be  by  him  imprisoned  and  kept  in  close  confinement  in  the  common 
jail  of  said  city  and  county  of  San  Francisco  for  the  last-mentioned 
space  of  five  days,  and  until  he  pay  the  said  last-mentioned  sum  of 


419  Contempt.  Forms  1128, 1120 

five  hundred  dollars,  and  that  if  said  last-mentioned  fine  be  not  paid  at 
the  expiration  of  said  last-named  five  days'  imprisonment,  tlicn  and  in 
that  case  it  is  ordered  that  the  said  Charles  E.  Pickett  be  further  im- 
prisoned until  said  last-mentioned  fine  be  paid,  provided  such  imprison- 
ment shall  not  exceed  one  day  for  each  two  dollars  of  said  fine  last 
aforesaid  adjudged. 

The  imprisonment  for  the  contempt  last  aforesaid  to  commence  at 
the  expiration  of  the  imprisonment  for  the  contempt  adjudged  firstly 
aforesaid. 

NOTE.— Precedent  in  Pickett  v.  Wallace,  57  Cal.  555. 

No.  1128.     Order  Directing  Attachment  Against  Administrator  for  Con- 
tempt in  not  Rendering  Account. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  C.  D.,  the  administrator  of  the  estate 
of  E.  F.,  deceased,  has  neglected  to  render  an  exhibit  within  thirty 
days  after  the  expiration  of  the  time  mentioned  in  the  notice  to  the 
creditors  of  said  estate,  and  a  citation  having  been  issued  requiring 
said  C.  D.  to  appear  and  show  cause  why  an  attachment  shall  not  issue 
to  compel  him  to  render  said  account,  and  the  said  C.  D.  has  failed  to 
appear  and  render  said  account  or  show  cause  why  attachment  should 
not  issue  as  directed  in  said  citation,  and  the  citation  having  been  served 
and  returned  in  the  manner  and  form  as  is  by  law  provided,  it  is  ordered 
that  a  warrant  of  attachment  issue,  and  that  said  C.  B.  be  arrested  and 
brought  before  this  court  to  show  cause  why  he  should  not  be  com- 
mitted for  contempt  of  court  for  not  obeying  said  citation. 

Dated . 

,  Judge. 

NOTE. — In  such  cases  a  citation  must  be  first  issued,  served  and  returnod 
requiring  the  person  to  appear  and  show  cause  why  a  warrant  of  attach- 
ment should  not  issue:  California,  Code  Civ.  Proc,  sees.  1627,  1628. 

No.  1129.     Order  Committing  Administrator  for  Contempt  for  Disobey- 
ing Order  of  Court. 
[Title  of  Court  and  Estate.] 

An  order  having  been  made  by  this  court  that  C.  D.,  administrator 
of  the  estate  of  E.  F.,  deceased,  render  the  account  of  said  estate 
required  to  be  rendered  within  thirty  days  after  the  expiration  of  the 
time  mentioned  in  the  notice  to  the  creditors  of  said  estate  within  which 
claims  must  be  exhibited,  and  said  time  having  elapsed  before  said 
order  was  made ;  and  the  said  C.  D.  having  failed  to  render  said  account 
as  ordered  by  the  court;  and  the  said  C.  D.  having  been  cited  to  appear 
and  show  cause  why  a  warrant  of  attachment  should  not  issue  to  compel 
him  to  render  said  account  (the  said  citation  having  been  issued ;  served 
and  returned  as  is  by  law  required),  and  the  said  C.  D.  brought  into 


Forms  1130, 1131       Cowdery's  Form  Book.  420 

court,  who  then  and  tliere  refused  to  render  said  account,  it  is  ordered 
that  said  C.  D.  be,  and  he  is  hereby,  adjudged  to  be  in  contempt  of 
this  court,  and  that  he  be  committed  to  the  custody  of  the  sheriff  of 
the  county  of  Butte  until  he  obeys  the  said  order  of  this  court. 

Dated  . 

,  Judge. 

NOTE. — Whenever  an  executor  or  administrator  or  guardian  is  committed 
for  contempt  in  disobeying  any  lawful  order  of  the  court,  or  a  judge  thereof, 
and  he  remains  in  custody  for  thirty  days  without  obeying  such  order, 
etc.,  the  court  may  by  order  "reciting  the  facts"  revoke  his  letters  and 
appoint  (by  the  same  orders)  some  other  person  entitled  thereto  in  his 
stead:  California,  Code  Civ.  Proc,  sees.  1627,  1628,  1630  and  1721,  as  to 
revoking  letters. 

No.  1130.    Order  Revoking  Letters  After  Commitment  for  Contempt. 
[Title  of  Court  and  Estate.] 

Be  it  known  that  on  June  3,  1917,  C.  D.,  the  executor  of  the  will  of 
E.  F.,  deceased,  was  ordered  by  this  court  to  file  an  account  of  his 
administration  within  ten  days  from  May  20,  1917,  which  order  was 
not  obeyed;  whereupon  the  said  C.  D.  was  cited  to  answer  for  contempt 
of  this  court  because  of  said  disobedience  and  after  a  full  hearing  he 
was  committed  to  the  custody  of  the  sheriff  of  said  county  until  he 
obeyed  said  order,  and  has  remained  in  said  custody  for  thirty  days 
without  obeying  said  order,  or  purging  himself  otherwise  of  contempt; 
now,  for  the  reasons  aforesaid,  the  letters  issued  to  him,  the  said  C.  D., 
as  executor  as  aforesaid,  are  hereby  revoked. 

Dated . 

,  Judge. 

NOTE. — In  such  cases  an  executor,  administrator  or  guardian  may  be 
removed  for  disobeying  the  order  of  a  court  or  a  judge.  The  order  must 
recite  the  facts:  California,  Code  Civ.  Proc,  sec.  1721. 

No.  1131.    Warrant  of  Commitment  for  Contempt  in  Using  Disrespect- 
ful and  Contemptuous  Language. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of ,  to  the  Sheriff  of  the  County  of , 

Greeting. 
Whereas,   during  the  pendency  of  an   action   in  said   court,   on  the 
(Jay  of  ,  191 — ,  which  said  action  was  brought  by  ,  plain- 


tiff, against  ,  defendant,  for  the  purpose  of ;  and 

Whereas,  on  said  day,  during  the  hearing  of  said  action,  and  in  the 
presence  and  hearing  of  said  court,  and  while  said  court  was  in  session, 

did  publish,  utter,  and  say  aloud,  and  in  the  hearing  of  the  court 

and  others,  that  of  and  concerning  said  court,  with  the  view,  on 

the  part  of  the  said  ,  to  bring  tins  court  and  its  proceedings  in 

said  action  into  contempt,  and  that  such  misconduct  did  in  fact  impair, 


421  Contempt.  Forms  1132, 1133 

hinder,  and  prejudice ,  and  did  in  fact  interrupt,  impede,  and  hinder 

the  course  of  justice  in  the  hearing  and  deliberation  of  the  court  in 
said  action;  and  that  the  said  thereby  had  become  liable  to  pun- 
ishment for  said  disrespectful  and  contemptuous  language;  and 

Whereas  the  said  court  did,  at  the  same  time,  by  its  order,  then  duly 

entered,  adjudge  and  declare  that  the  said  had  been  guilty  of  a 

contempt  of  said  court  by  the  use  of  said  disrespectful  and  contemptuous 

language,  and  did  order  that  the  said  be  punished  for  his  said 

contempt  by  imprisonment  in  the   county  jail   of  the  county   of  

for  the  term  of days: 

Now,  therefore,  you  are  required  and  commanded,  and  we  do  war- 
rant  and   enjoin   you,   that   you   forthwith   attach   the    said   and 

commit  him  to  the  said  county  jail  of  county,   and  detain   him 

tliere  for  the  term  of days,  as  a  punishment  for  his  said  contempt 

of  the  court,  and  for  such  arrest,  imprisonment,  and  detention  this 

shall  be  your  sufficient  warrant. 

Witness  the  Honorable ,  judge  of  the  court,  at  ,  in  the 

county  of ,  state  of ,  this day  of ,  19 — . 

By  special  order  of  court. 

,  Judge. 

[Seal]  ,  Clerk. 

NOTE. — See  Cal.  Code  Civ.  Proc,  sec.  1218,  as  to  judgment  for  contempt. 

No.  1132.    Warrant  for  Contempt— Justice's  Court — Washington. 

State  of , 

County  of  ,  ss. 

To  the  Sheriff  or  any  Constable  of  said  County. 

In  the  name  of    the  state  of    ,  you  are  hereby  commanded  to 

apprehend  ,  and  bring  him  before  me,  ,  one  of  the  justices  of 

the  peace  of  said  county,  at  my  office  in  said  county,  to  show  cause 
why  he  should  not  be  convicted  of  a  contempt  alleged  to  have  been 

committed  on  the day  of ,  19 — ,  before  the  said  justice,  while 

engaged  as  a  justice  of  the  peace  in  a  judicial  proceeding. 

Dated  this  day  of ,  19 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Wash.,  Eem.  Code,  sec.  1895. 

No.  1133.    Judgment  for  Contempt — Justice's  Court — Washington. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

Whereas,  on  the  day  of ,  19 — ,  while  the  undersigned,  one 

of  the  justices  of  the  peace  of  said  county,  was  engaged  in  the  trial 


Cowdeby's  Form  Book.  422 

of  an  action  between ,  plaintiff,  and ,  defendant,  in  said  county, 

,  of  the  said  county,  did  interrupt  the  said  proceedings  and  impair 

the  respect  due  to  the  authority  of  the  undersigned,  by  ; 

And  whereas  the  said  was  thereupon  required  by  the  under- 
signed to  answer  for  the  said  contempt,  and  show  cause  why  he  should 

not  be  convicted  thereof;  and  whereas  the  said did  not  show  cause 

against  the  said  charge: 

Be  it  therefore  ordered  that  the  said  is  adjudged  to  be  guilty, 

and  is   convicted  of  the   contempt   aforesaid,   and  is   adjudged  by  the 

undersigned  to  pay  a  fine  of dollars  ($ )   [or,  be  imprisoned  in 

the  county  jail  for  the  period  of  days;  but  neither  the  fine  nor 

the  number  of  days'  imprisonment  must  exceed  the  statutory  limit]. 

Dated  [etc.]. 

,  Justice  of  the  Peace. 

NOTE.— See  Wash.  Rem.  Code,  §  1896. 

Upon  the  conviction  of  any  person  for  contempt,  an  entry  thereof  shall 
be  made  in  the  docket  of  such  justice,  stating  the  particular  circumstances  of 
the  offense,  and  the  judgment  rendered  thereon.  The  signature  of  the  justice 
or  police  judge  does  not  seem  to  be  required  by  the  statute;  and,  unless  so 
required,  the  judgment  is  valid  without  his  signature:  See  Freeman  on  Judg- 
ments, 4th  ed.,  sec.  50e. 

CONTEST  OF  WILL. 

See  Wills,  Contest  of. 

Contest  and  Opposition  to  Probate  of  Codicil,  No.  3979, 
Contest  of  Will  After  Probate,  No.  3983. 
Contest  of  Will  Before  Probate,  No.  3978. 

CONTINUANCE. 

1154.  Affidavit  for  continuance. 

1155.  Affidavit  on  motion  for  continuance  on  ground  of  surprise  by  forged 

written  evidence. 

1156.  Undertaking  on  adjournment  for  more  than  ten  days — Justice's  court. 

INTRODUCTORY  NOTE. 

Motion  to  Postpone  Trial.— A  motion  to  postpone  a  trial  on  the 

ground  of  the  absence  of  evidence  can  only  be  made  upon  affidavit 
showing  the  materiality  of  the  evidence  expected  to  be  obtained, 
and  that  due  diligence  has  been  used  to  procure  it.  A  trial  shall 
be  postponed  when  it  appears  to  the  court  that  the  attorney  of 
record,  party  or  principal  witness  is  actually  engaged  in  attendance 
upon  a  session  of  the  legislature  of  this  state  as  a  member  thereof. 
The  court  may  require  the  moving  party,  where  application  is 
made  on  account  of  the  absence  of  a  material  witness,  to  state  upon 
affidavit  the  evidence  which  he  expects  to  obtain;  and  if  the  adverse 
party  thereupon  admits  that  such  evidence  would  be  given,  and 
that  it  be  considered  as  actually  given  on  the  trial,  or  offered  and 


423  Continuance. 

overruled  as  improper,  the  trial  must  not  be  postponed.  In  actions 
involving  the  title  to  mining  claims,  or  involving  trespass  for  dam- 
age upon  mining  claims,  if  it  be  made  to  appear  to  the  satisfaction 
of  the  court  that,  in  order  that  justice  may  be  done  and  the  action 
fairly  tried  on  its  merits,  it  is  necessary  that  further  developments 
should  be  made,  underground  or  upon  the  surface  of  the  mining 
claims  involved  in  said  action,  the  court  shall  grant  the  postpone- 
ment of  the  trial  of  the  action,  giving  the  party  a  reasonable  time 
in  which  to  prepare  for  trial  and  to  do  said  development  work : 
California,  Code  Civ.  Proc,  sec.  598. 

Postponement  upon  Application  of  a  Party  (Justice's  Court). — ■ 

The  trial  may  be  postponed  upon  the  application  of  either  party, 
for  a  period  not  exceeding  four  months : 

1.  The  party  making  the  application  must  prove,  by  his  own 
oath  or  otherwise,  that  he  cannot,  for  want  of  material  testimony, 
which  he  expects  to  procure,  safelj^  proceed  to  trial,  and  must  show 
in  what  respect  the  testimony  expected  is  material,  and  that  he 
has  used  due  diligence  to  procure  it,  and  has  been  unable  to  do  so, 

2.  If  the  application  is  on  the  part  of  the  plaintiff,  and  the  de- 
fendant is  under  arrest,  a  postponement  for  more  than  three  hours 
discharges  the  defendants  from  custody,  but  the  action  may  pro- 
ceed notwithstanding,  and  the  defendant  is  subject  to  arrest  on 
execution,  in  the  same  manner  as  if  he  had  not  been  discharged. 

3.  If  the  application  is  on  the  part  of  a  defendant  under  arrest, 
before  it  can  be  granted  he  must  execute  an  undertaking,  with  two 
or  more  sufficient  sureties,  to  be  approved  by,  and  in  a  sum  to  be 
fixed  l)y,  the  justice,  to  the  effect  that  he  will  render  himself  amen- 
able to  the  process  of  the  court  during  the  pendency  of  the  action, 
and  to  such  as  may  be  issued  to  enforce  the  judgment  therein;  or 
that  the  sureties  will  pay  to  the  plaintiff  the  amount  of  any  judg- 
ment which  he  may  recover  in  the  action,  not  exceeding  the  amount 
specified  in  the  undertaking.  On  filing  the  undertaking  specified 
in  this  subdivision,  the  justice  must  order  the  defendant  to  be  dis- 
charged from  custody; 

4.  Tlie  party  making  the  application  must,  if  required  by  the 
adverse  party,  consent  that  the  testimony  of  any  witness  of  such 
adverse  party,  who  is  in  attendance,  may  be  then  taken  by  deposi- 
tion before  the  justice,  and  that  the  testimony  so  taken  may  be 
read  on  the  trial,  with  the  same  effect,  and  subject  to  the  same 
objections,  as  if  the  witness  was  produced;  but  the  court  may 
require  the  party  making  the  application  to  state,  upon  affidavit, 
the  evidence  which  he  expects  to  obtain ;  and  if  the  adverse  party 
thereupon  admits  that  such  evidence  would  be  given  and  that  it  be 


Form  1154  Cowdery's  Form  Book.  424 

considered  as  actually  given  on  the  trial,  or  offered  and  overruled 
as  improper,  the  trial  must  not  be  postponed :  California,  Code  Civ. 
Proe.,  sec.  876, 

NOTE.— See  Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sees.  504-506;  Cali- 
fornia, Code  Civ.  Proc,  sees.  595,  876;  Colorado,  Mill's  Ann.  Code  1912, 
sec.  177;  Idaho,  Eev.  Codes  1907,  sees.  4702-4908;  Kansas,  Gen.  Stats.  1915, 
sees.  7216,  7217;  Montana,  Eev.  Codes  1907,  sees.  6729-7036;  Nebraska,  Eev. 
Code  1913,  sec.  7889;  Nevada,  Eev.  Laws  1912,  sees.  5202-5759;  North 
Dakota,  Comp.  Laws  1913,  sees.  9032-9035;  Oklahoma,  Harris  &  Day's 
Code  1910,  sec.  5044;  Oregon,  Lord's  Oregon  Eaws,  sees.  115-2429;  South 
Dakota,  Comp.  Laws  1913,  sees.  6086,  6087;  Utah,  Comp.  Laws  1907,  sees. 
3133,  3137,  3710,  3713;  Washington,  Eem.  Code,  sees.  322,  1788;  Wyoming, 
Comp.  Stats.  1910,  sees.  5139,  5140,  5207. 

No.  1154.    Affidavit  for  Continuance. 

[Title  of  Court  and  Cause.] 

State  of  California, 
County  of  Sacramento, — ss. 

A.  B.,  being  duly  sworn,  says :  That  he  is  the  defendant  in  the  above- 
entitled  action ;  that  he  cannot  safely  go  to  trial  before  ninety .  days 
from  the  date  hereof,  on  account  of  the  absence  of  A.  L.  P.,  who  is  a 
material  witness  for  defendant;  that  a  subpoena  in  said  cause  was  duly 
issued  on  the  first  day  of  March,  1917,  and  placed  in  the  hands  of 
A.  B.  for  service  on  the  same  day;  that  on  the  second  day  of  said 
month  of  March,  the  said  subpoena  was  by  said  constable  duly  served 
on  the  said  A.  L.  P.,  in  said  county;  that  said  subpoena  commanded 
the  said  A.  L.  P.,  to  be  present  in  this  court  at  the  hour  of  ten  o'clock 
A.  M.  of  this  day,  to  testify  on  behalf  of  defendant ;  that  after  said  sub- 
poena was  served  the  said  A.  L.  P.  was  taken  violently  sick  and  was 
removed  from  said  county,  and  is  now  at  Coronado  Beach  in  the  county 
of  San  Diego,  in  said  state,  and  is  too  sick  to  submit  to  examination 
by  deposition;  that  the  evidence  of  the  said  A.  L.  P.  is  material  for 
defendant's  defense ;  that  he  will  prove  by  said  witness  that  [here  state 
the  facts  the  witness  will  testify  to] .  And  defendant  says  that  the  said 
facts  cannot,  to  his  knowledge,  be  proved  by  any  other  witness;  and 
that  the  application  is  not  made  for  delay,  but  that  justice  may  be  done 
in  the  premises,  and  affiant  believes  that,  if  this  case  be  continued 
for  three  months,  he  will  be  able  to  have  said  witness  present  to  testify 
as  aforesaid. 

Subscribed  and  sworn  to  [etc.], 

[Signature.] 

NOTE.— California,  Code  dv.  Proc,  sees.  595,  876. 


425  Continuance.  Forms  1155, 1155 

No.  1155.    Affidavit  on  Motion  for  Continuance  on  G-round  of  Surprise 

by  Forged  Written  Evidence. 
[Title  of  Court  and  Cause.] 

L.  B.  Mizner,  being  duly  sworn,  says  that  he  is  the  attorney  for  the 
plaintiff  in  the  above-entitled  action,  and  that  since  trial  of  said  action 
he  has  discovered  that  the  pretended  receipt  offered  in  evidence  in  said 
case,  2Durporting  to  have  been  signed  by  said  S.  C.  Hastings  in  favor  of 
eaid  D.  N.  Hastings  for  one  thousand  and  eighty  dollars,  was  in  fact 
sigiied  by  said  S.  C.  Hastings  for  Lloyd  Tevis,  and  that  the  name  "Lloyd 
Tevis"  has  been  removed  from  said  receipt  without,  as  this  deponent 
believes,  the  consent  of  said  S.  C.  Hastings  or  Tevis,  and  that  said 
fact,  or  at  least  some  word  or  words,  or  name,  has  or  have  been  removed 
from  said  receipt  in  fraud  of  and  to  the  prejudice  of  said  Hastings 
in  this  action,  and  that  the  same  appears  upon  the  face  of  said  receipt; 
that  this  deponent  had  never  seen  said  receipt  until  it  was  produced 
in  the  trial  of  this  case  yesterday  and  that  no  copy  of  said  receipt 
appears  in  the  pleadings  or  was  ever  served  upon  the  deponent  or  the 
said  plaintiff,  to  the  best  of  deponent's  information  and  belief;  that 
deponent  objected  to  the  introduction  of  said  receipt  on  the  gi-ound  that 
the  same  had  been  altered. 

Whereupon  deponent  asks  that  this  case  be  reserved  for  further 
consideration  until  the  next  regular  term  of  the  Court ;  that  this  appli- 
cation is  not  made  for  delay,  but  that  justice  may  be  done. 

L.  B.  Mizner. 

Subscribed  and  sworn  to  before  me  this  nineteenth  day  of  May,  1885. 

W.  J.  Costigan, 
Deputy  Clerk. 

NOTE.— Precedent  in  Hastings  v.  Hastings,  31  Cal.  96. 

No.  1156.    Undertaking  on  Adjournment  for  More  Than  Ten  Days — 

Justice's  Court. 
[Title  of  Court  and  Cause.] 

Whereas  this  case  was  this  day  called  for  trial  in  said  court,  and 
said  defendant  moved  the  court,  on  affidavit  showing  cause,  to  post- 
pone the  said  trial  for  thirty  days  from  date,  on  account  of  the  absence 
of  a  material  witness  for  defendant,  and  said  motion  having  been 
granted   upon    condition  that   defendant   file   an   undertaking   in    said 

action,   to   be   approved   by   said   justice,   in   the   sum    of   dollars 

($ ),  to  the  effect  that  the  sureties  thereon  will  pay  to  the  plaintiff 

the  amount  of  any  judgment  that  may  be  recovered  in  said  action  against 
the  defendant,  not  exceeding  the  sum  specified  in  this  undertaking: 

Now  therefore,  in  consideration  of  the  premises,  we,  the  undersigned, 
,  of ,  and ,  of ,  do  hereby  jointly  and  severally  under- 
take and  promise,  on  the  part  of  defendant,  that  we  will  pay  to  the  said 
plaintiff  the  jvmount  of  any  jud.2:ment  which  may  be  recovered  against 


Cowdery's  Form  Book.  426 

the  said  defendant,  not  exceeding dollars  ($ )  Cboing  the  amount 

for  that  purpose  fixed  by  said  justice),  to  which  amount  we  acknowledge 
ourselves  jointly  and  severally  bound. 

[Signatures.] 

Approved, ,  19 — . 

,  Justice  of  the  Peace. 

NOTE. — In  actions  in  justices'  courts,  an  adjourment  of  more  than  ten 
days  will  not  be  granted,  in  California,  unless  an  undertaking  be  given  for 
the  payment  of  any  judgment  recovered  against  the  party  demanding  the 
adjournment:  See  Cal.  Code  Civ.  Proc,  sec.  877. 


CONTRACTS. 

1177.  Subscription  for  the  accomplishment  of  an  object  of  interest  to  all. 

1178.  Subscription  for  charitable  purposes. 

1179.  Subscription  toward  building  railroad. 

1180.  Subscription  to  secure  right  of  way. 

1181.  Contract  and  specifications  to  construct  nume,  ditch,  etc. 

1182.  Contract — General  form. 

1183.  General  form  of  agreement  or  contract  witli  proviso  for  liauidatei 

damages. 

1184.  Builder's  contract. 

1185.  Building  contract. 

1186.  Building  contract. 

1187.  Contract  with  a  mason. 

1188.  Contract  for  sale  of  real  estate. 

1189.  AgTcement  to  sell  and  buy  land. 

1190.  Authority  to,  and  asreement  with,  agent  to  seU, 

1191.  Agreement  with  agent  or  broker  to  sell  laud. 

1192.  Broker's  contract  of  sale. 

1193.  Covenant  not  to  sue. 

1194.  Contract  to  cultivate  land  on  shares. 

1195.  Complaint  against  builder  for  special  damages  from  loss  of  rent. 

1196.  Complaint  by  contractor  for  extra  work  done  under  contract  modi- 

fied. 

1197.  Complaint  on  bond  for  government  work  to  recover  for  materials 

furnished  to  the  contractor. 

1198.  Agreement  for  conditional  sale  of  personal  property,  price  pr.yabla 

in  installments. 

1199.  Agreement  for  sale  of  real  propei-ty,  price  payable  in  installments. 

1200.  Charter  of  vessel  for  terra. 

1201.  Charter  of  vessel  for  voyage. 

1202.  Answer  denying  offer  to  perform  charter-party. 

1203.  Complaint  for  breach  of  contract  to  employ. 

1204.  Complaint  for  breach  of  contract  to  manufacture. 

1205.  Complaint  for  breach  of  contract  to  serve. 

1206.  Complaint  for  repayment  of  deposit. 

1207.  Complaint  on  bond  to  convey  laud. 

1208.  Complaint  by  buyer  against  seller  for  not  delivering  merchandise. 

1209.  Complaint  by  seller  against  purchaser. 

1210.  Complaint  to  recover  subscription  for  public  object. 

CROSS-REFERENCES. 

Contract  by  Landlord,  No.  24.54. 

Contract  by  Tenant,   No.   2455. 

Contract  Forming  Copartnership,  No.  2S80. 


427  Contracts.  Forms  117/,  1178 

Contract  for  Sale  of  T?cal  Estate,  No.  1188. 
Contract  of  Surety  for  Payment  of  Rent,  No.  2446. 
Contract  to  Cultivate  Land  on  Shares,  No.  1194. 
Contract  to  Dissolve  Partnership,  No.  2883. 
Contract  to  Ecuew  Partnership,  No.  2882. 
Contracts.     See  Party-wall. 

No.  1177.  Subscription  for  the  Accomplisliment  of  an  Object  of  In- 
terest to  All. 
We,  the  undersi^ied,  citizens  of  the  state  of  California,  for  and  in 
consideration  of  the  advancement  of  the  educational  interests  of  this 
state,  and  of  our  mutual  promises  herein,  do  hereby  promise  and  agree 
to  pay  to  the  finance  committee  to  be  elected  hereafter  by  the  Christian 
Church  of  Santa  Rosa,  the  sums  set  opposite  our  respective  names,  to 
aid  in  the  erection  and  furnishing  a  building  in  or  near  the  town  of 
Santa  Rosa,  Sonoma  county,  to  be  dedicated  and  used  as  a  college  for 
the  education  of  the  youth  of  this  state,  to  be  under  the  management 
and  control  of  the  Christian  Church,  payable  in  gold  coin  as  follows, 
to  wit:  One-third  to  be  paid  when  the  sum  of  ten  thousand  dollars  is 
raised  for  the  purposes  stated,  and  said  college  building  is  under  con- 
tract ;  one-third  when  the  building  is  put  up  and  inclosed,  and  one-third 
Avhcn  said  building  is  complete: 

[Dated.] 
Name.  Residence.  Amount. 

A.  J.  Santa  Rosa.  $500 

J.  H.  Santa  Rosa.  500,  or  ten  acres  of  land  if  required. 

G.  A.  Santa  Rosa.  200 

T.  J.  Santa  Rosa.  200 

NOTE. — Mutual  Obligations. — If  a  number  of  persons  subscribe  to  a  paper 
in  which  they  promise  to  contribute  money  for  the  accomplishment  of  an  ob- 
ject of  interest  to  all,  as  the  erection  of  a  building  for  a  college,  and  which 
object  cannot  be  accomplished  save  by  their  common  performance,  thpir 
mutual  promises  constitute  mutual  obligations,  and  are  a  sufficient  consid- 
eration to  support  the  promise  of  each:  Christian  College  v.  John  Hendley, 
49  Cal.  347.     Such  writings  are  contracts. 

No.  1178.     Subscription  for  Charitable  Purposes. 

San  Luis  Obispo,  Cal.,  January  2,  1916. 
We,  the  undersigned  citizens  and  business  men  of  the  city  of  San  Luis 
Obispo,  do  hereby  agree  to  pay  the  amount  set  opposite  our  respective 
names  to  the  subscription  committee  of  Los  Osos  Parlor,  No.  61, 
N.  S.  G.  W.,  on  or  before  the  fifteenth  day  of  March,  1916,  at  the  city 
of  San  Luis  Obispo.  The  money  to  be  used  in  entertaining  delegates 
to  the  Grand  Parlor  of  the  N.  S.  G.  W.  during  their  stay  in  the  city 
of  San  Luis  Obispo.  [Signatures.] 

XQTE. Subscriptions   for   Entertainments. — A    subscription    paper    went 

forth  to  obtain  promises  to  pay  the  amounts  set  opposite  each  subscriber'a 
name,  to  "entertain"  certain  "delegates"  scheduled  to  visit  a  city  at  a  time 
stated.     The   paper  was    circulated   by   a   committee    composed   of   citizens, 


Form  1179  Cowdery's  Form  Book.  428 

residents  of  tbe  city  to  be  visited.  The  paper  was  in  the  same  words  as 
the  above  form,  to  which  this  writing  is  a  note.  The  defendants  were 
subscribers  and  the  proprietors  of  a  large  hotel  in  that  city  at  the  time 
the  subscription  was  made.  A  committee  was  considering  the  matter  of 
giving  a  ball,  a  banquet,  or  both,  to  the  delegates,  and  it  was  agreed 
(verbally)  at  the  time  of  the  subscription,  or  immediately  thereafter,  be- 
tween the  committee  and  defendants  that  if  the  ball  and  banquet  were 
given,  that  one  of  them  should  be  given  at  defendants'  hotel,  and  in  case 
neither  were  given  at  their  hotel,  their  subscription  should  be  reduced  one- 
half.  The  court  says  that  this  agreement  converted  the  subscription,  which 
was,  on  its  face,  originally,  one  to  a  charitable  pilrpose,  into  a  contract  to 
pay  the  amount  subscribed  upon  the  condition  that  a  ball  or  banquet  should 
be  given  to  the  delegates  at  defendants'  hotel;  and  a  ball  was  given  pur- 
suant to  the  agreement.  The  promise  was  a  good  consideration  for  another 
promise  to  pay  the  full  sum  sued  for.  The  defendants  contended  that 
there  were  expenditures  made  that  did  not  come  within  the  meaning  of 
their  subscription  for  "entertainment"  which  they  said  was  synonymous  with 
"board,"  and  includes  only  the  ordinary  necessities  of  life.  The  court  took 
judicial  notice  of  the  fact  that  there  is  a  large  distinction  between  enter- 
taining a  friend  at  one's  home,  or  a  hotel-keeper  "entertaining"  a  traveler 
at  his  hotel  and  entertaining  a  large  body  of  strangers  by  the  residents 
and  business  men  of  a  city.  At  this  point  the  court  took  judicial  notice 
of  several  things  known  to  many  people  who  have  been  taken  judicial  notice 
of,  and  says:  "What  may  be  included  in  the  entertainment  of  the  visiting 
body  is  usually  limited  to  the  amount  of  money  available  for  the  purpose, 
and  the  ingenuity  of  the  entertainers  in  devising  sources  of  enjoyment." 
The  money  was  expended  for  purposes  fairly  within  the  intent  of  the  sub- 
scription paper:  Lasar  v.  Johnson,  125  Cal.  549,  58  Pac.  161.  This  note  is 
incomplete  unless  it  is  said  that  the  original  "charitable  purpose"  subscrip- 
tion was  toward  the  worthy  expense  of  entertaining  delegates  to  the  Grand 
Parlor  of  the  California  Native  Sons,  at  San  Luis  Obispo  in  April  and  May, 
1896. 

No.  1179.    Subscription  Toward  Building  Railroad. 

Whereas,  the  undersigned  desire  to  procure  the  construction  and 
operation  of  a  steam  railroad  from  the  Oakland  wharf  of  the  C.  P.  R.  R. 
Co.  to  the  State  University  at  Berkeley,  and  the  Western  Development 
Company  proposes  to  construct  and  operate,  or  cause  to  be  operated, 
a  steam  railroad  on  said  line,  provided  the  undersigned  will,  at  their 
own  expense,  procure  and  convey  to  it  the  right  of  way;  and  provided 
further  that  the  undersigned  will  pay,  or  cause  to  be  paid,  to  said  com- 
pany the  sum  of  twenty  thousand  dollars  upon  the  completion  of  the 
road — the  road  to  be  commenced  upon  the  execution  of  the  conveyance 
and  the  deposit  of  said  twenty  thousand  dollars  in  bank;  the  money 
to  be  paid  by  the  bank  to  the  company  upon  the  completion  of  the 
road:  Now,  therefore,  in  consideration  of  the  premises,  we,  the  under- 
signed, hereby  agree  to  contribute  and  pay  for  the  carrying  out  of  the 
foregoing  enterprise,  on  demand,  the  sum  of  money  set  opposite  our 
names,  in  United  States  gold  coin. 

Names.  Amount. 


NOTE. — Action  brought  on  the  subscription  in  name  of  Western  Devel- 
opment Company  and  sustained  in  Western  Development  Co.  v.  Emery,  61 
Oal.  611. 


429  Contracts.  Forms  1180, 1181 

No.  1180.     Subscription  to  Secure  Right  of  Way. 

We,  the  undersigned,  residents  of  valley,  county  of  ,  state 

of  ,   in   consideration   of  the  benefits   accruing  therefrom,   hereby 

subscribe  and  agree  to  pay  to  ,  the  amounts  set  opposite  our  re- 
spective names,  to  secure  the  right  of  way  and  depot  grounds  for  the 

railway  company,  on  the  line  known  as  the  ;  said  right  of 

way  to  be  feet  wide;  said  depot  grounds  to  consist  of  acres, 

at ;  and  said  amounts  to  be  paid . 

Name.  Residence.  Amount. 


NOTE.— See  Judson  v.  Gage,  91  Cal.  304,  27  Pac.  676. 

No.  1181.     Contract  and  Specifications  to  Construct  Flume,  Ditch,  etc. 

This  agreement,  made  and  entered  into  this  thirtieth  day  of  March, 
A.  D.  1917,  between  the  San  Diego  Flume  Company,  a  corporation,  or- 
ganized and  existing  under  the  laws  of  California,  the  party  of  the  first 
part,  and  J.  J.,  of  San  Diego,  California,  the  party  of  the  second  part, 
witnesseth : 

That  the  said  party  of  the  second  part,  for  and  in  consideration  of 
the  compensation  and  payments  hereinafter  promised  and  agreed  to  be 
made  by  said  party  of  the  first  part,  hereby  covenants,  promises,  and 
agrees  to  do  and  perform  certain  work  (in  accordance  with  the  plans 
and  specifications  hereunto  attached  and  which  are  hereby  made  a  part 
of  this  contract)  for  said  party  of  the  first  part,  along  the  flume  line 
of  said  party  of  the  first  part  from  said  first  party's  diverting  dam  on 
the  San  Diego  river  to  its,  said  first  party's,  city  reservoir  near  San 
Diego.  Said  works  so  contracted  and  agreed  to  be  done  and  performed 
by  said  second  party  hereto  for  said  first  party  to  consist  as  follows : 

First — Grading. 
Grading,  flume-bed,  surface  ditches,  and  tunnel  approaches  from  first 
party's  diverting  dam  on  San  Diego  river  to  its,  said  first  party's,  pro- 
posed city  reservoir  near  San  Diego. 

Second— Tunnels. 

Excavating  of  about  three  thousand  lineal  feet  of  tunnels  and  lining 
of  same  with  masonry,  and  also  timbering  same,  in  accordance  with 
plans  and  specifications  hereto  attached. 

It  is  hereby  expressly  agreed  and  understood  by  and  on  the  part 
of  the  second  party  hereto,  that  if  in  the  opinion  of  the  chief  engineer 
of  the  said  first  party  hereto,  or  his  assistant,  any  work  under  this 
contract  is  improperly  done  or  improper  materials  used  therein,  the 
same  shall  be  immediately,  upon  instructions  of  said  chief  engineer,  or 
his  assistant,  to  said  second  party,  be  replaced  and  removed  in  accord- 
ance with  said  instructions. 


Form  1181  Cowdery's  Form  Book.  430 

It  is  further  expressly  agreed  by  and  on  the  part  of  said  second 
party  hereto,  that  said  first  party  shall  have  the  right  to  change  the  line 
or  grade  or  flume-bed  or  tunnels  at  any  time  such  change  is  recom- 
mended by  its,  said  first  party's,  chief  engineer. 

It  is  further  agreed  by  said  party  of  the  second  part  hereto,  that 
he,  said  second  party,  will  furnish  and  provide  at  his  own  cost  all  tools 
and  implements  of  every  kind  and  description  used  in  rnd  about  said 
work,  and  also  all  material  used  and  employed  in  its  construction  other 
than  lumber  for  tunnel  lining,  and  also  all  lime  and  cement  required 
to  be  used,  in  accordance  witli  specifications  hereto  attached,  which  said 
lumber,  lime,  and  cement  said  first  party  hereto  agTces  to  furnish  and 
deliver  free  of  cost  to  said  second  party  hereto  upon  the  ground  where 
same  is  of  easy  access  to  said  second  party,  and  where  same  can  with- 
out unusual  delay  be  delivered  by  said  first  party. 

Said  second  party  hereto  liereby  agrees  to  furnish  at  his  own  cost 
ample  and  suitable  protection  from  damage  by  weather  for  all  lime  and 
cement  delivered  as  aforesaid  to  said  party  of  the  second  part. 

In  case  of  any  damage  to  any  portion  of  work  done  under  this  con- 
tract by  reason  of  freshets,  rains,  or  accidents,  or  any  cause  whatsoever, 
before  final  acceptance  of  said  work  by  the  chief  engineer  of  said  first 
party,  said  second  party  shall  and  will  at  his  own  proper  cost  and 
expense  fully  repair  the  same. 

It  is  hereby  further  expressly  agreed  by  and  on  behalf  of  said  second 
party  hereto,  that  no  part  of  work  under  this  contract  shall  be  sublet 
without  the  consent  in  writing  of  said  first  party  hereto. 

Said  second  party  hereto  hereby  covenants  and  agrees  to  hold  harm- 
less said  first  party  herein  as  against  all  liens  and  claims  of  laborers 
and  mechanics  for  labor  done  and  materials  furnished  under  this  con- 
tract, and  hereby  gi-ants  to  said  first  party  the  option,  within  its,  said 
first  party's,  discretion,  through  its  duly  accredited  agent,  to  be  present 
at  the  payment  of,  and  ascertain  that  all  wages  of  employees  of  the 
contractor  herein — i.  e.,  the  party  of  the  second  part — and  all  sums  of 
money  due  subcontractors,  if  any,  and  all  sums  of  money  due  for  mate- 
rials furnished,  are  paid  from  the  amounts  to  be  paid  on  the  monthly 
and  also  on  the  final  estimates,  before  paying  over  to  said  second  party 
herein  any  balance  that  may  be  due  hereunder. 

Said  second  party  hereto  hereby  covenants  and  agrees  to  begin  work 
under  this  contract  within  ten  days  from  date  hereof,  and  to  complete 
same  on  or  before  the  first  day  of  November,  1905 ;  and  in  case  of  failure 
of  said  second  party  thereto  to  diligently  prosecute  work  under  said  con- 
tract, or  according  to  specifications,  or  failure  to  hold  harmless  said  first 
party  hereto  as  against  all  and  every  lien  of  laborers,  mechanics,  and 
for  materials  furnished,  said  first  party  herein  is  hereby  gi-anted  the 
ri^ht,  upon  written  notice  to  said  second  party,  to  cancel  said  contract, 
and  to  complete  under  its  own  direction  the  work  herein  contracted  to 
be  done,  or  to  contract  anew  therefor,  as  in  its  judgment  shall  be  deemed 
proper,  and  to  declare  forfeited,  as  stipulated  and  liquidated  damages 


431  Contracts.  Form  1181 

for  the  nonperformance  of  the  covenants  and  agreements  herein  con- 
tained, the  unpaid  balance  and  all  thereof,  then  and  at  the  date  of  said 
written  notice  in  the  hands  of  said  first  party  herein. 

Said  second  party  hereto  hereby  further  covenants  and  agrees  to  hold 
harmless  said  first  party  herein  as  against  all  damages  at  law  resulting 
from  any  accident  or  accidents  to  men  in  his,  said  second  party's,  employ 
under  this  contract. 

Said  first  party  herein  further  covenants  and  agrees  to  provide  all 
right  of  way  along  its  heretofore  mentioned  flume  line  as  expeditiously 
as  possible,  and  said  second  party  hereto  herebj^  covenants  and  agrees 
to  hold  said  first  party  harmless  in  case  of  failure  to  provide  the  neces- 
sary right  of  way  caused  by  any  delay  resulting  from  legal  proceedings 
to  procure  the  same. 

And  for  and  in  consideration  of  the  foregoing  covenants,  promises, 
and  conditions  on  the  part  and  on  behalf  of  said  second  party  hereto 
to  be  kept  and  performed,  said  first  party  hereto  hereby  promises  and 
agrees  as  follows,  to  wit: 

To  pay  to  said  second  party  as  herein  set  forth: 

For  mason  work,  per  perch  of  I6I/2  cubic  feet $  2  00 

For  concrete  work,  per  cubic  foot 40 

For  earth  work,  per  cubic  yard 25 

For  all  gravel  and  cement,  per  cubic  yard 30 

For  grading  of  surface  rock,  per  cubic  yard 1  25 

For  approaches  to  tunnels,  per  cubic  yard 1  00 

For  approaches  to  tunnels,  hard  rock,  per  cubic  yard..     2  00 
Running  tunnels    (3,000   feet,   more  or  less),  per  lineal 
foot    (size  thereof  as  per  plan  "A"  to  set  contract 

attached)  15  00 

Timbering  tunnels,  per  lineal  foot 40 

Said  first  partly  hereto  hereby  reserves  the  right,  and  said  right  hereby 
conceded  by  said  second  party,  to  change,  alter  or  modify  the  shape  of 
all  tunnels  to  be  run,  and  to  enlarge  or  decrease  in  size  the  same  as  the 
chief  engineer  of  said  first  party  may  direct,  and  said  party  of  the  first 
part  shall  pay  an  amount  per  lineal  foot  for  said  tunnel  work  as  the 
changed  or  altered  size  thereof  shall  bear  to  the  annexed  plan,  marked 
plan  "A,"  and  said  heretofore  mentioned  sum  or  rate  of  $15  per  lineal 
foot. 

Payments  for  the  foregoing  work  to  be  made  by  said  first  party  to 
said  second  party  as  follows: 

Fifty  (50)  per  cent  cash,  on  estimates  to  be  made  monthly,  on  or 
about  the  first  of  each  and  every  month,  until  the  completion  of  said 
work  [state  the  agreements  as  to  payments]. 

In  witness  whereof,  said  party  of  the  first  part,  by  its  president  and 
secretary  thereunto,  first  duly  authorized,  has  caused  its  corporate  name 
and  seal  to  be  attached  hereto,  and  said  party  of  the  second  part  has  set 
3iis  hand  and  seal  the  dav  and  vear  first  above  written. 


Form  1181  Cowdery's  Form  Book.  432 

SPECIFICATIONS. 
Grading. 

Under  this  head  is  included  all  excavations  and  embankments  required 
for  the  formation  of  the  flume-bed  pits  for  trestle  bents,  surface  ditches, 
tunnel  approaches,  and  the  crossing  or  change  of  wagon  roads. 

All  cuttings  shall  be  measured  in  the  excavations  and  estimated  by 
the  cubic  yard  under  the  following  heads: 

Earth. 
Will  include  all  excavations,  irrespective  of  the  material,  except  the 
same  be  gravel,  cement,  surface  or  hard  blasting  rock  in  quantity  and 
at  any  one  place  of  more  than  thirty  (30)  cubic  yards. 

Hard  Rock. 

Will  include  all  hard  blasting  rock  occurring  in  quantity  at  any  one 
place  exceeding  thirty  cubic  yards. 

The  flume-bed  will  be  gi-aded  twelve  (12)  feet  wide,  and  with  such 
slopes  as  the  engineer  may  designate. 

All  material  excavated  (except  hard  rock)  shall  be  wasted  at  least 
three  feet  beyond  slope  of  cuts,  and  outside  line  of  timber  work  for 
flume,  and  on  the  lower  side  of  tlie  flume  line,  which  shall  be  designated 
by  the  engineer. 

The  hard  rock  excavated  must  be  deposited  in  the  adjacent  embank- 
ments when  the  haul  does  not  exceed  one  hundred  (100)  feet.  Large 
boulders  not  broken  up  and  difficult  to  move  may  be  wasted. 

Boulders  or  other  material  above  the  flume  line  which  the  engineer 
may  consider  will  endanger  the  flume  must  be  removed,  and  will  be  paid 
for  at  contract  price  for  similar  material. 

Public  roads  must  be  kept  open  and  not  obstructed  or  endangered  by 
any  of  the  material  handled  in  grading,  and  due  notice  given  teams  and 
travelers  on  public  roads  when  blasts  that  might  endanger  them  are 
about  to  be  set  off. 

Tunnels. 

Tunnels  must  be  excavated  to  the  lines  as  shown  on  the  drawings  of 
the  cross-sections  and  be  lined  or  left  without  lining,  as  the  engineer 
may  direct. 

Tunnel  work  will  be  classified  as  follows: 

First.  Tunnel  excavation  in  earth  will  include  all  material  excavated, 
except  the  same  be  in  hard  blasting  rock. 

Second.     Tunnel  excavation  in  hard  blasting  rock. 

Third.  Stone  masonry  will  include  the  stone  work  in  the  portals  and 
walls  of  tunnel  lining  and  plastering  the  same. 

Fourth.  Concrete  will  include  the  concrete  work  in  bottom  of  tun- 
nels, also  the  lining  of  the  sides  of  tunnels  in  hard  rock  and  plastering 
the  same. 


i33  Contracts.  Form  1182 

Fifth.  Tunnel  timbering  will  include  the  timber  lining  and  lagging 
of  roof  above  the  stone  masonry,  as  shown  on  plans  hereafter,  at  the 
option  of  the  engineer,  to  be  submitted  and  adopted. 

The  tunnel  excavation  will  be  estimated  by  the  lineal  foot,  and  will 
include  the  length  contained  between  the  two  portals. 

Stone  masonry  and  concrete  work  will  be  estimated  by  the  cubic  yard. 
Tunnel  timbering  will  be  estimated  by  the  lineal  foot  of  tunnel  for 
the  portion  that  may  be  timbered. 

Where  the  tunnels  require  lining  the  general  form  of  masonry  will 
be  as  shown  on  the  drawings  hereafter,  at  the  option  of  the  engineer, 
to  be  submitted  and  adopted,  or  increased  in  thickness,  as  the  engineer 
in  his  judgment  may  deem  necessary. 

The  stone  masonry  in  portals  and  tunnel  lining  will  be  of  broken 
range  rubble  work,  of  good  quality,  laid  in  mortar,  to  be  well  bonded 
and  leveled. 

The  arch  portals  to  be  built  at  each  end  of  tunnels,  and  arch  carried 
ten  feet  or  less  inside  of  tunnel. 

The  whole  inside  surface  of  the  stone  masonry  to  be  plastered  smooth 
with  one  coat  of  fine  cement  mortar. 

Any  spaces  remaining  between  the  walls  or  lagging  and  inside  of  tun- 
nels as  excavated  to  be  completely  filled  as  the  work  progresses  with 
dry  rubble  or  other  material,  solidly  tamped  in  and  acceptable  to  the 
engineer. 

The  proportions  of  sand,  cement  and  lime  in  the  mortar  used  and  of 
material  for  concrete,  as  well  as  the  manner  of  mixing  the  same  and 
putting  it  in  the  work,  shall  be  as  directed  by  the  engineer. 

In  all  cases  where  the  word  "engineer"  is  used,  the  engineer  in  charge 
of  construction  is  meant,  but  the  directions  of  any  subordinate  engineer 
shall  be  obeyed  when  transmitting  the  orders  of  his  superiors. 
Specifications  accompanying  contract  this  day  signed. 
See  plan  "A,"  attached  to  original  contract  on  file  in  office  of  San 
Diego  Flume  Company. 

No.  1182.    Contract— General  Form. 

This  agreement,  made  the  nineteenth  day  of  June,  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  seventeen,  between  J.  D.,  of  the 
city  and  county  of  San  Francisco,  state  of  California,  the  party  of  the 
first  part,  and  R.  R.,  of  the  same  place,  the  party  of  the  second  part, 
witnesseth : 

That  the  said  party  of  the  first  part,  in  consideration  of  the  cove- 
nants, on  the  part  of  the  said  party  of  the  second  part,  hereinafter  con- 
tained, hereby  covenants,  with  the  said  party  of  the  second  part,  that 
the  said  party  of  the  first  part  will  deliver  to  the  said  party  of  the  second 
part,  at  his  storehouse  in  said  city  and  county  of  San  Francisco,  one 
thousand  (1,000)  bushels  of  wheat,  of  good  merchantable  quality,  on 
or  before  the  tenth  day  of  October,  A.  D.  1917. 

Form  Book — 28 


Forms  1183, 118J:       Cowdery's  Form  Book.  434 

And  tiic  said  party  of  the  second  i:»art,  in  consideration  of  the  said 
covenants,  on  the  part  of  the  said  party  of  the  first  part,  hereinbofore 
contained,  agrees  to  and  with  the  said  party  of  the  first  part,  that  the 
said  party  of  the  second  part  will  pay  to  the  said  party  of  the  first  part, 
or  his  order,  one  dollar  in  United  States  gold  coin,  for  each  and  every 
bushel  of  said  wheat  so  delivered,  immediately  on  the  completion  of  the 
delivery  of  said  one  thousand  bushels  of  wheat  in  good  order  and  con- 
dition, as  aforesaid. 

[Signatures.] 

No.  1183.  G-eneral  Form  of  Agreement  or  Contract  With  Proviso  for 
Liquidated  Damages. 

This  agreement,  made  the  day  of  ,  191 — ,  between  ,  of 

the  county  of ,  state  of  ,  the  party  of  the  first  part,  and  , 

of  the  same  place,  the  party  of  the  second  part,  witnesseth :  That  the 
said  party  of  the  first  part,  in  consideration  of  the  covenants  on  the  part 
of  the  said  party  of  the  second  part  hereinafter  contained,  hereby  cove- 
nants with  the  said  party  of  the  second  part  that  the  said  party  of  the 

first  part  will [state  terms  of  contract,  with  any  conditions  agreed 

upon]. 

And  the  said  party  of  the  second  part,  in  consideration  of  the  said 
covenants  on  the  part  of  the  said  party  of  the  first  part  hereinbefore 
contained,  agrees  to  and  with  the  said  party  of  the  first  part  that  the 

said  party  of  the  second  part  will  pay  to [state  terms  of  payment, 

and  any  conditions  agreed  upon]. 

And  for  the  true  and  faithful  performance  of  all  and  every  of  the 
said  covenants,  the  said  parties  to  these  presents  bind  themselves,  each 

unto  the  other,  in  the  penal  sum  of dollars  ($ -),  current  lawful 

money  of  the  United  States  of  America,  as  fixed,  settled,  and  liquidated 
•damages,  to  be  paid  by  the  failing  party  to  the  other,  his  heirs  or  assigns. 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands  the 
day  and  year  first  above  written. 


Executed  in  presence  of 


[Signatures.] 


No.  1184.    Builder's  Contract. 

This  agreement,  made  the  tenth  day  of  January,  one  thousand  nine 
hundred  and  seventeen,  between  H.  W.,  the  party  of  the  first  part,  and 
J.  S.,  the  party  of  the  second  part: 

First.  The  said  party  of  the  second  part  does  hereby  promise  and 
agree,  with  and  to  the  said  party  of  the  first  part,  his  execi;tors,  adminis- 
trators, and  assigns,  that  he,  the  said  party  of  tlie  second  part,  will,  for 
the  consideration  hereinafter  mentioned  on  or  before  the  third  day  of 
January,  1918,  well  and  truly  build,  erect  and  finish  the  building  herein- 
after described,  conformable  to  the  drawings  and  specifications  made  by 
C  F.,  architect,  and  signed  by  the  parties,  and  hereunto  annexed,  within 


435  Contracts.  J:^'oriiil]84 

the  time  aforesaid,  in  a  good,  Avorkiiianlike  and  substantial  manner,  to 
the  satisfaction  and  under  the  direction  of  the  said  C,  to  be  evidenced 
by  a  writing  or  certificate  under  the  hand  of  the  said  F.,  and,  also,  shall 
and  will  find  and  provide  good  and  sufficient  materials,  of  all  kinds 
whatsoever,  as  sliall  be  pro])er  and  sufficient  for  completing  and  finisli- 
ing  all  the  foundations,  excavations,  building  materials  of  every  descrip- 
tion used  in  or  about  it  so  as  to  make  it  a  perfect  building  according 
to  said  draAvings  and  specifications  and  other  works  of  said  building 
mentioned  in  the  said  drawings  and  specifications  for  the  sura  of  six- 
teen thousand  seven  hundred  dollars.  And  the  said  party  of  the  first 
part  does  hereby  covenant,  promise  and  agree  with  and  to  the  said  party 
of  the  second  part,  that  when  said  building  is  completed,  the  said  party 
of  the  first  part  will  in  consideration  of  the  covenants  and  agreements 
being  strictly  performed  and  kept  by  the  said  party  of  the  second  part 
as  specified  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  party  of 
the  second  part,  the  said  sum  of  sixteen  thousand  seven  hundred  dollars 
of  the  United  States  of  America. 

In  the  manner  following:  When  the  walls  are  up  and  ready  for  the 
roof,  one-fourth  of  the  contract  price ;  when  the  roof  is  on  and  the  floors 
laid,  one-fourth  of  the  contract  price ;  when  the  building  is  finished,  one- 
fourth  of  the  contract  price,  and  within  sixty  days  from  the  date  of  the 
third  payment  the  balance  due  to  be  paid. 

Provided  that  in  each  of  the  said  cases  a  certificate  be  obtained  and 
signed  by  the  said  architect. 

And  it  is  hereby  further  agreed  by  and  between  the  said  parties: 

First.  The  specifications  and  di-awings  are  intended  to  co-operate, 
so  that  any  works  exhibited  in  the  drawings  and  not  mentioned  in  the 
specifications,  or  vice  versa,  are  to  be  executed  the  same  as  if  it  were 
mentioned  in  the  specifications  and  set  forth  in  the  drawings,  to  be  the 
true  meaning  and  intention  of  the  said  drawings  and  specifications. 

Second.  The  contractor,  at  his  own  proper  cost  and  charges,  is  to 
provide  all  materials,  labor  and  all  other  things  of  every  description, 
for  the  performance  of  the  several  erections. 

Third.  Should  the  owner,  at  any  time,  order  alterations,  deviations, 
additions  or  omissions,  from  the  said  contract,  specifications  or  plans, 
he  shall  be  at  liberty  to  do  so  and  the  same  will  be  added  to  or  deducted 
from  the  amount  of  the  said  contract  price,  as  the  case  may  be,  by  a 
fair  and  reasonable  valuation. 

Fourth.  Should  the  contractor,  at  any  time  during  the  progress  of 
said  works,  refuse  or  neglect  to  supply  a  sufficiency  of  materials  or 
workmen,  the  owner  shall  have  the  power  to  provide  materials  and  work- 
men (after  three  days'  notice  in  writing  given)  by  leaving  the  writing 
at  the  last  known  residence  or  place  of  business  of  the  contractor,  to 
finish  said  works,  and  the  expenses  of  finishing  said  works  shall  be 
deducted  from  the  amount  of  the  said  contract  price. 

Fifth.  Should  any  dispute  arise  respecting  the  meaning  of  the  draw- 
ings or  specifications,  the  same  shall  be  decided  by  the  architect,  builder 


Form  1185  Cowdery's  Form  Book.  436 

and  owner,  and  their  decision  shall  be  final,  but  should  any  dispute  arise 
respecting  the  value  of  the  extra  work  or  works  omitted,  the  same  shall 
be  valued  by  two  men — one  selected  by  the  owner,  and  the  other  by 
the  contractor — and  in  case  they  cannot  agree,  these  two  shall  have 
power  to  name  an  umpire,  whose  decision,  if  agreed  to  by  one  of  the 
two,  shall  be  final. 

Sixth.  The  owner  shall  not,  in  any  manner,  be  answerable  or  account- 
able for  any  loss  or  damage  that  shall  or  may  happen  to  the  said  works, 
for  any  part  or  parts  thereof  respectively,  or  for  any  of  the  materials 
or  other  things  used  and  employed  in  finishing  and  completing  the  same. 

Seventh.  If  delay  in  completing  said  structure  is  caused  by  strikes, 
or  by  the  acts  of  God,  the  time  lost  thereby  shall  be  added  to  the  time 
for  completion  of  this  contract. 

Eighth.  All  payments  shall  be  upon  the  certificate  of  the  architect, 
and  lliis  contract  is  completed  when  the  work  is  finished  in  accordance 
with  the  original  plans  as  modified  by  alterations  of  the  original  plans. 

[Signatures.] 

No.  1185.    Building  Contract. 

Articles  of  agreement,  made  this  day  of  ,  191 — ,  between 

,  of ,  county  of ,  state  of ,  the  party  of  the  first  part, 

and  who  is  hereinafter  designated  as  the  owner,  and ,  of  the  county 

of ,  state  of ,  the  party  of  the  second  part,  and  who  is  herein- 
after designated  as  the  contractor. 

First. 

The  said  contractor  agrees,  for  the  consideration  hereinafter  men- 
tioned, to  furnish  the  necessary  labor  and  materials,  including  tools, 
implements,  and  appliances  required,  and  to  perform  and  complete, 
according  to  this  agreement,  in  a  good,  workmanlike,  and  substantial 

manner,  and  within  the  period  of  working  days  from  and  after 

the  date  of  notification  is  given  by  the  architect  hereinafter  mentioned 
to  commence  work,  all  the  work  of  cleaning  the  lot  hereinafter  men- 
tioned, excavation,  grading,  concrete  work,  ironwork,  brickwork,  artifi- 
cial stonework,  carpentry,  joinery,  mantels,  lathing  and  plastering,  hard- 
ware, sheet  metal  work,  glazing,  and  other  works,  in  conformity  with 

the  plans,  drawings,  and  specifications  for  the  same  made  by ,  the 

authorized  architect  emploj'^ed  by  the  owner,  which  are  signed  by  the 
parties  hereto,  and  which  shall  be  kept  and  remain  on  file  in  the  ofiice 
of  the  recorder  of  the  county  of ,  state  of . 

Said  building  will  be,  when  completed,  a  four-story  building,  with 
basement,  concrete  foundation,  and  brick  walls,  to  be  erected  upon  a  lot 

of  land  situated  at  the  corner  of  and  streets,  in  the  city  of 

,  county  of ,  state  of ,  and  is  described  as  follows : . 

Second. 
The  owner  agrees,  in  consideration  of  the  performance  of  said  work 
by  the  contractor,  as  in  this  agreement  provided,  to  pay,  or  cause  to 


437  Contracts.  Form  1185 

be  paid,  to  the  contractor,  his  legal  representatives  or  aspi<?:n!5,  the  snni 
of  one  hundred  thousand  dollars  ($100,000),  in  gold  coin  of  the  United 
States  of  America,  in  installments,  at  the  times  and  in  the  manner 
following,  to  wit: 

Twenty  thousand  dollars  ($20,000)  when  the  concrete  work  for  the 
basement  is  com])leted;  twenty-five  thousand  dollars  ($25,000)  when 
the  walls  are  roughed  in;  fifteen  thousand  dollars  ($15,000)  when  the 
building  is  finished  and  accepted  and  notice  of  completion  is  filed  for 
record;  and  the  balance  of  forty  thousand  dollars  ($40,000),  upon  the 
expiration  of  thirty-five  (35)  days  after  the  day  of  filing  the  notice 
of  completion  of  said  contract. 

Provided,  that  when  each  payment  or  installment  shall  become  due, 
and  in  the  final  completion  of  the  work,  certificates  in  writing  shall  be 
obtained  from  the  said  architect  stating  that  the  payment  or  install- 
ment is  due  or  the  work  completed,  as  the  case  may  be,  and  the  amount 
then  due ;  and  the  said  architect  shall  at  said  times  deliver  said  certifi- 
cates under  his  hand  to  the  contractor,  or,  in  lieu  of  such  certificates, 
shall  deliver  to  the  contractor,  in  writing  under  his  hand,  a  just  and 
true  reason  for  not  issuing  the  certificates,  including  a  statement  of 
the  defects,  if  any,  to  be  remedied,  to  entitle  the  contractor  to  the  cer- 
tificate or  certificates.  And  in  the  event  of  the  failure  of  the  architect 
to  furnish  and  deliver  said  certificates,  or  any  of  them,  or  in  lieu 
thereof  the  writing  aforesaid,  within  three  days  after  the  times  afore- 
said, and  after  demand  therefor  made  in  writing  by  the  contractor, 
the  amount  which  may  be  claimed  to  be  due  by  the  contractor,  and 
stated  in  the  said  demand  made  by  him  for  the  certificate,  shall,  at 
the  expiration  of  said  three  days,  become  due  and  pa.yable,  and  the 
owner  shall  be  liable  and  bound  to  pay  the  same  on  demand. 

In  case  the  architect  delivers  the  writing  aforesaid  in  lieu  of  the 
certificate,  then  a  compliance  by  the  contractor  with  the  requirements 
of  said  writing  shall  entitle  the  contractor  to  the  certificate. 

The  owner  also  agrees  to  carry  an  insurance  for  the  full  amount  of 
the  labor  and  material  as  the  work  progresses. 

Third. 

And  it  is  further  agreed  by  and  between  the  said  owner  and  the 
said  contractor  that : 

1.  The  specifications  and  the  drawings  are  intended  to  co-operate, 
so  that  any  works  exhibited  in  the  drawings,  and  not  mentioned  in 
the  specifications,  or  vice  versa,  are  to  be  executed  the  same  as  if  botli 
mentioned  in  the  specifications  and  set  forth  in  the  drawings,  to  tlie 
true  intent  and  meaning  of  the  said  drawings  and  specifications  when 
taken  together.  But  no  part  of  said  specifications  that  is  in  conflict 
with  any  portion  of  this  agreement,  or  that  actually  is  not  descriptive 
of  the  work  to  be  done  thereunder,  or  of  the  manner  in  which  said  work 
is  to  be  executed,  shall  be  considered  as  any  part  of  this  agreement,  but 
shall  be  utterlv  null  and  void. 


Form  1185  Cowdery's  Form  Book.  438 

2.  The  said  architect  shall  provide  and  furnish  to  the  contractor  all 
details  and  working  drawings  necessary  to  properly  delineate  said 
plans  and  specifications;  and  the  work  is  to  be  done  and  the  materials 
furnislied  in  accordance  with  said  plans  and  specifications,  nndcr  the 
direction  and  supervision  and  subject  to  the  approval  of  said  architect, 
or  a  superintendent  selected  and  agreed  upon  by  the  parties  hereto, 
within  a  fair  and  equitable  construction  of  the  true  intent  and  meaning 
of  said  plans  and  specifications. 

3.  Should  any  dispute  arise  between  the  owner  and  contractor,  or 
between  the  contractor  and  architect,  respecting  the  true  construction 
of  the  drawings  and  specifications,  the  same  shall,  in  the  first  instance, 
be  decided  by  the  architect;  but  should  either  of  the  parties  hereto  be 
dissatisfied  with  the  justice  of  such  decision,  or  should  any  dispute 
arise  between  the  parties  hereto  respecting  the  valuation  of  the  extra 
work,  woi'k  done,  or  work  omitted,  the  disputed  matter  shall  be  referred 
to,  and  decided  by,  two  competent  persons  who  are  experts  in  the  busi- 
ness of  building,^one  to  be  selected  by  the  owner  or  architect,  and 
tlie  other  by  the  contractor;  and  in  case  they  cannot  agree,  these  two 
shall  select  an  umpire,  and  the  decision  of  any  two  of  them  shall  be 
binding  on  all  parties. 

4.  Should  the  owner  or  the  architect,  at  any  time  during  the  progress 
of  the  work,  request  any  alterations  or  deviations  in,  additions  to,  or 
omissions  from,  this  contract  or  the  plans  or  specifications,  either  of 
them  shall  be  at  liberty  to  do  so,  and  the  same  shall  in  no  way  affect 
or  make  void  this  contract;  but  the  amount  thereof  shall  be  added  to, 
or  deducted  from,  the  amount  of  the  contract  price  aforesaid,  as  the 
case  may  be,  by  a  fair  and  reasonable  valuation.  And  this  contract 
shall  be  held  to  be  completed  when  the  work  is  finished  in  accordance 
with  the  original  plans,  as  amended  by  such  clianges,  whatever  may  be 
the  nature  or  extent  thereof. 

5.  Should  the  contractor,  at  any  time  during  the  progress  of  the 
work,  refuse  or  neglect,  without  the  fault  of  the  owner,  architect,  or 
superintendent,  to  supply  a  sufficiency  of  materials  or  workmen  to  com- 
plete the  contract  within  the  time  limited  herein,  or  within  any  lawful 
extension  thereof,  for  a  period  of  more  than  three  days  after  having 
been  notified  by  the  owner  in  writing  to  furnish  the  same,  the  owner 
shall  have  power  to  furnish  and  provide  said  materials  or  workmen 
to  finish  the  said  work;  and  the  reasonable  expenses  thereof  shall  be 
deducted  from  the  amount  of  the  contract  price. 

6.  Should  the  contractor  fail  to  complete  this  contract,  and  the  works 
provided  for  therein,  within  the  time  fixed  for  such  completion,  due 
allowance  being  made  for  the  contingencies  provided  for  herein,  he  shall 
become  liable  to  the  owner  for  all  loss  and  damages  which  the  latter 

may  suffer  on  account  thereof,  but  not  to  exceed  the  sum  of dol- 

[jjj.g  ($ )  per  day  for  each  day  said  work  shall  remain  uncompleted 

beyond  such  time  for  completion. 


439  Contracts.  Form  1185 

7.  For  any  delay  on  the  part  of  the  owner  in  making  any  of  tlie 
payments  or  installments  provided  for  in  this  contract  after  they  shall 
become  due  and  payahle,  he  shall  be  liable  to  the  contractor  for  any 
and  all  damages  which  the  latter  may  suffer;  and  such  delay  shall,  m 
addition,  operate  as  an  additional  extension  of  the  time  for  completion 
aforesaid  for  the  length  of  time  of  such  delay.  And  such  delay,  if  for 
more  than  five  days  after  the  date  when  said  payments  or  installments 
shall  have  respectively  become  due  and  payable  as  in  this  agreement 
provided,  shall,  at  the  option  of  the  contractor,  be  held  to  be  preven- 
tion by  the  owner  of  performance  of  this  contract  by  the  contractor. 

The  time  during  which  the  contractor  is  delayed  in  said  work  by  the 
acts  or  neglects  of  the  owner  or  his  employees,  or  those  under  him  by 
contract  or  otherwise,  or  by  the  acts  of  God  which  the  contractor  could 
not  have  reasonably  foreseen  and  provided  for,  or  by  stormy  and  in- 
clement weather  which  delays  the  work,  or  by  any  strikes  or  like 
trouble  among  mechanics  or  laborers  which  delay  said  work,  and  which 
are  not  caused  by,  or  the  continuance  of  which  is  not  due  to,  any  un- 
reasonable acts  or  conduct  on  the  part  of  the  contractor,  shall  be  added 
to  the  aforesaid  time  for  completion. 

In  case  said  work  herein  provided  for  should,  before  completion,  be 
wholly  destroyed  by  fire,  defective  soil,  earthquake,  or  other  act  of  God 
which  the  contractor  could  not  have  reasonably  foreseen  and  provided 
for,  then  the  loss  occasioned  thereby  shall  be  sustained  by  the  owner 
to  the  extent  that  he  has  paid  installments  thereon,  or  that  may  be  due 
under  the  second  division  of  this  contract  respecting  payments  to  be 
made  by  the  owner ;  and  the  loss  occasioned  thereby,  and  to  be  sustained 
by  the  contractor,  shall  be  for  the  uncompleted  portion  of  said  work 
u])on  which  he  may  be  engaged  at  the  time  of  the  loss,  and  for  which 
no  payment  is  yet  due  under  said  second  division  of  this  contract. 

In  the  event  of  a  partial  destruction  of  said  work  by  any  of  the 
causes  above  named,  then  the  loss  to  be  sustained  by  the  owner  shall 
be  in  the  proportion  that  the  amount  of  installments  paid  or  due  bears 
to  the  total  amount  of  work  done  and  materials  furnished,  estimated 
according  to  said  contract  price,  and  the  balance  of  said  loss  to  be 
sustained  by  the  contractor. 

The  payment  of  the  progress  payments  by  the  owner,  shall  not  be 
construed  as  an  absolute  acceptance  of  the  work  done  up  to  tlie  time 
of  such  payments;  but  the  entire  work  is  to  be  subjected  to  inspection 
and  approval  of  the  architect  or  superintendents  at  the  time  when  it 
shall  be  claimed  by  the  contractor  that  the  contract  and  works  are 
completed ;  but  the  architect  or  superintendent  shall  exercise  all  reason- 
able diligence  in  the  discovery,  and  report  to  the  contractor  as  the  work 
progresses,  of  materials  and  labor  which  are  not  satisfactory  to  the 
architect  or  superintendent,  so  as  to  avoid  unnecessary  trouble  and 
cost  to  the  contractor  in  making  good  defective  parts. 

The  rule  of  practice  to  be  observed  in  the  fulfillment  of  the  fourth 
paragraph  of  the  third  division  of  this  contract,  concerning  alterations, 


Forms  1186, 1187      Cowdery's  Form  Book.  440 

etc.,  shall  be  that,  upon  the  demand  of  either  the  contractor,  the  owner, 
or  the  architect,  the  character  and  valuation  of  any  or  all  changes, 
omissions,  or  extra  work  shall  be  agreed  upon  and  fixed  in  writing, 
signed  by  the  owner,  the  architect,  and  the  contractor,  prior  to 
execution. 

Witness  our  hands  the  day  and  year  first  above  written. 

Executed  in  presence  of . 

[Signatures.] 

No.  1186.     Building  Contract. 

This  agreement,  made  the  tenth  day  of  July,  one  thousand  nine 
hundred  and  sixteen,  by  and  between  J.  D.,  of  Amador  City,  in  the 
county  of  Amador,  and  state  of  California,  of  the  first  part,  and  R.  R., 
of  the  said  Amador  City,  of  the  second  part,  in  these  words : 

The  said  party  of  the  second  part  covenants  and  agrees  to  and  with 
the  said  party  of  the  first  part,  to  make,  erect,  build,  and  finish,  in  a 
good,  substantial,  and  workmanlike  manner  a  two-story  brick  dwelling- 
house,  on  the  lot  of  land  situate  in  said  county,  and  described  as  fol- 
lows: [Description  of  lot.]  Agreeable  to  the  drafts,  plans  and  specifi- 
cations hereunto  annexed,  of  good  and  substantial  materials,  by  the 
first  day  of  January  next. 

And  the  said  party  of  the  first  part  covenants  and  agrees  to  pay 
unto  the  said  party  of  the  second  part,  for  the  same,  the  sum  of  two 
thousand  dollars,  gold  coin  of  the  United  States,  as  follows:  The  sum 
of  one  thousand  dollars  when  the  building  is  inclosed  and  the  roof  put 
on,  and  the  remaining  one  thousand  dollars  when  the  building  is 
comx'leted. 

And  for  the  true  and  faithful  performance  of  all  and  every  of  the 
covenants  and  agreements  above  mentioned,  the  parties  to  these  pres- 
ents covenant  and  agree,  each  with  the  other,  that  the  sum  of  one 
thousand  dollars,  gold  coin  of  the  United  States,  as  fixed,  settled,  and 
liquidated  damages,  shall  be  paid  to  the  other  by  the  failing  party, 

[Signatures.] 

No.  1187,    Contract  With  a  Mason. 

This  agreement,  made  the  ninth  day  of  September,  A.  D.  ore  thousand 
nine  hundred  and  sixteen,  between  A.  B.,  of  Oakland,  Alameda  county, 
and  C.  D.,  of  the  city  and  county  of  San  Francisco,  witnesseth : 

That  the  said  C.  D.,  for  the  consideration  hereinafter  mentioned, 
promises  and  agi-ees,  to  and  with  the  said  A.  B.,  that  he  will  do  and 
perform,  by  himself  or  persons  in  his  employ,  in  a  good  and  workman- 
like manner,  and  with  materials  to  be  furnished  by  the  said  A.  B.,  all 
the  mason  and  plastering  work  to  be  done  in  and  about  the  erecting  and 
building  a  new  dwelling-house  on  the  fifty-vara  lot  No.  124  of  the  said 
A.  B.,  ^at  northeast  corner  of  California  and  Webster  streets,  in  the 
city  of  San  Francisco,  according  to  the  plans  and  specifications  hereto 
annexed;  and,  also,  that  he  will  use  the  utmost  care  in  working  up  the 


441  Contracts.  Form  1188 

materials  to  be  furnished  by  the  said  A.  B.,  as  aforesaid,  to  the  best 
advantage  for  the  said  A.  B.,  and  that  he  will  complete  tlie  said  work 
on  or  before  the  first  day  of  December,  1916. 

And  the  said  A.  B.,  in  consideration  of  the  premises,  agrees  to  fur- 
nish and  provide  good  and  suflBcient  materials  for  the  said  work,  at 
such  time  or  times  as  the  said  C.  D.  may  request;  and  to  pay,  in  gold 
coin  of  the  United  States,  the  said  C.  D.,  for  all  such  work  as  shall 
be  performed  by  liim  or  his  servants  in  and  about  the  said  new  dwell- 
ing-house, ornamental  work  excepted,  on  the  completion  of  the  same,  at 
and  after  the  rate  of  fifty  cents  per  yard  of  three  feet  square,  and  the 
sum  of  six  hundred  dollars  for  all  the  ornamental  work  done  or  per- 
formed in  and  about  the  said  dwelling-house— it  being  expressly  under- 
stood and  agreed,  that  no  extra  charge  is  to  be  demanded  or  allowed 
for  corners,  arches,  jambs,  joints,  fireplaces,  or  any  other  kind  of  work 
not  strictly  ornamental,  but  all  the  work  is  to  be  measured  as  plain, 
except  the  ornamental  work  to  be  paid  for,  as  aforesaid,  in  gross. 

[Signatures.] 

No.  1188.    Contract  for  Sale  of  Real  Estate. 

This  agreement,  made  and  entered  into  the  ninth  day  of  September, 
1917,  between  G.  A.,  of  San  Diego,  county  of  San  Diego,  and  state  of 
California,  the  party  of  the  first  part,  and  D.  J.,  of  the  same  place, 
the  party  of  the  second  part,  Y\dtnesseth : 

Tliat  the  said  party  of  the  first  part,  in  consideration  of  the  cove- 
nants and  agTcements  on  the  part  of  the  said  party  of  the  second  part, 
hereinafter  contained,  agrees  to  sell  and  convey  unto  the  said  party 
of  the  second  part,  and  said  second  party  agrees  to  buy,  all  that  certain 
lot  and  parcel  of  land,  situate  in  the  city  of  San  Diego,  county  of  San 
Diego,  and  state  of  California,  bounded  and  described  as  follows,  to  wit : 
[Description.]  For  the  sum  of  fifty  thousand  (50,000)  dollars,  gold 
coin  of  the  United  States;  and  the  said  party  of  the  second  part,  in 
consideration  of  the  premises,  agi-ees  to  pay  to  the  said  party  of  the 
first  part,  the  said  sum  of  fifty  thousand  (50,000)  dollars  in  United 
States  gold  coin,  as  follows,  to  wit:  Twenty-five  thousand  (25,000)  dol- 
lars. United  States  gold  coin,  on  the  execution  of  this  contract;  five 
thousand  dollars  on  the  fourth  day  of  January,  1918,  and  the  balance 
of  twenty  thousand  dollars  with  interest  thereon  at  the  rate  of  nine 
per  cent  per  annum  from  this  date,  on  the  tenth  day  of  September,  1918. 

And  the  said  party  of  the  second  part  agrees  to  pay  all  state,  city, 
and  county  taxes,  or  assessments  of  Avhatsoever  nature,  which  are  or 
may  become  due  on  the  premises  above  described. 

In  the  event  of  a  failure  to  comply  with  the  terms  hereof  by  the 
said  party  of  the  second  part,  the  said  party  of  the  first  part  shall  be 
released  from  all  obligation  in  law  or  equity  to  convey  said  property, 
and  the  said  party  of  the  second  part  shall  forfeit  all  right  thereto. 

And  the  said  party  of  the  first  part,  on  receiving  such  payment,  at 
the  time  and  in  the  manner  above  mentioned,  agrees  to  execute  and 


Form  1189  Cowdery's  Foeji  Book.  442 

deliver  to  the  said  party  of  the  second  part,  or  to  his  assigns,  a  good 
and  sufficient  deed  for  the  conveying  and  assuring  to  said  party  of  the 
second  part,  the  title  to  the  above-described  premises  free  and  clear  of 
encumbrances. 

And  it  is  understood  that  the  stipidations  aforesaid  are  to  apply  to 
and  bind  the  heirs,  executors,  administrators,  and  assigns  of  the  respec- 
tive parties,  and  that  said  party  of  the  second  part  is  to  have  imme- 
diate possession  of  said  premises. 

[Signatures.] 

No.  1189.    Agreement  to  Sell  and  Buy  Land. 

This  agreement,  made  tlie  day  of  ,  191—,   by  and  between 

■ ,  the  party  of  the  first  part,  hereinafter  called  the  seller,  and  , 

the  party  of  the  second  part,  hereinafter  called  the  buyer,  witnesseth : 

That  the  seller  and  the  buyer,  in  consideration  of  their  mutual  prom- 
ises to  each  other,  hereinafter  stated,  have  agreed,  and  by  these  presents 
do  agree,  as  follows,  to  wit:  The  seller  agrees  to  sell  to  the  buyer, 
his  heirs  and  assigns,  the  following  lot  or  parcel  of  land  situated  in  the 
county  of ,  state  of ,  and  described  as  follows,  to  wit :  ; 

Being  lot  ,  in  block  ,  as  delineated  upon  that  certain  map 

entitled  ,  filed  on  the  day  of  ,  191—   in  the  office  of  the 

county  recorder  of  the  county  of  ,  state  of  . 

And  the  buyer  agrees  to  purchase  the  said  parcel  of  land,  and  to  pay 

the  seller  therefor  the  sum  of  dollars    ($ ),  in  gold  coin  of 

the  United  States,  as  follows,  to  wit:  the  sum  of  dollars  ($ ) 

on  tlie  execution  and  delivery  of  this  agreement,  the  receipt  whereof 
is  hereby  acknowledged,  and  the  residue  of  said  purchase  price  to  be 
paid  in  montlily  installments  of  dollars  ($ )  per  month,  pay- 
able monthly  in  advance,  on  the  day  of  each  and  every  month, 

commencing  on  the  day  of ,  191 — . 

It  is  further  agreed  between  the  parties  hereto  that  the  buyer  may, 
at  his  election  at  any  time,  pay  the  whole  or  any  part  of  said  install- 
ments, though  the  same  be  not  due. 

Upon  the  payment  by  the  buyer  of  the  said  purchase  price,  at  the 
time  and  in  the  manner  above  mentioned,  the  seller  hereby  agrees  to 
make,  execute,  and  deliver  to  the  buyer,  his  heirs  and  assigns,  a  grant 
bargain  and  sale  deed  to  said  property,  free  and  clear  of  all  encum- 
brances done  or  suffered  by  the  seller. 

The  seller  agrees  to  gi-ade  the  streets,  to  place  redwood  curbs,  and 
to  construct  cement  and  bituminous  or  asphaltum  sideAvalks;  to  con- 
struct a  sewer  in  the  street  in  front  of  said  lots  as  soon  as  three-fourths 
of  said  block  is  occupied  by  dwellings,  or,  in  any  event,  not  later  than 
two  (2)  years  from  date  hereof. 

The  seller  further  agrees  to  pay  the  state  and  county  taxes  assessed 
against  the  land  herein  described  during  the  term  of  this  contract,  and 
to  charge  no  interest  on  deferred  payments,  provided  the  payments 
are  made  as  agreed  herein. 


443  Contracts.  Form  1190 

The  due  performance  of  all  covenants  and  agreements  on  the  part  of 
the  buyer  is  a  condition  precedent,  whereon  depends  the  performance 
of  the  agreements  on  the  part  of  the  seller.  In  the  event  of  the  fail- 
ure of  the  buyer  to  comply  with  the  covenants  and  agreements,  or  any 
thereof,  on  his  part  entered  into,  the  seller  shall  be  released  from  all 
obligation  in  law  or  in  equity  to  transfer  and  convey  said  property,  or 
any  part  thereof;  and  the  buyer  shall  relinquish  all  rights  i;nder  this 
agreement;  and  all  moneys  which  he  shall  theretofore  have  paid  here- 
under shall  be  considered  as  rent  for  the  use  of  said  premises,  up  to 
tlie  time  of  default,  and  as  liquidated  damages  for  such  default,  and 
not  as  a  penalty;  and  in  such  event  the  buyer  will  at  once  vacate  and 
surrender  said  premises  to  the  seller  on  demand. 

The  buyer  may  transfer  this  agreement  at  any  time  by  assignment, 
witli  the  written  consent  of  the  seller. 

It  is  agreed  that  all  payments  under  this  agreement  shall  be  made 

at  the  office  of  ,  ,  ,  unless  otherwise  directed  by  a  notice 

signed  by  the  seller. 

The  word  "buyer"  is  intended  to  include  the  masculine,  feminine, 
and  neuter  genders,  and  to  be  applicable  where  there  are  two  or  more 
buyers  signing  this  agreement,  in  the  same  manner  as  when  there  is 
only  one. 

This  agreement  is  to  bind  the  successors,  heirs,  executors,  adminis- 
trators, and  assigns  of  the  respective  parties  hereto. 

Time  is  of  the  essence  of  this  agreement;  and  this  agreement  is  to 
be  executed  in  duplicate. 

Witness  the  hands  of  the  parties  to  this  agreement  hereunto  set  the 
day  and  year  first  above  written. 

,  Seller. 

,  Buyer. 

Executed  in  duplicate  in  the  presence  of  . 

No.  1190.    Authority  to,  and  Agreement  With,  Agent  to  Sell. 

I,  ,  the  undersigned,  having  due  authority,  hereby  appoint  and 

employ  &  ,  from  now  until  ,  191 — ,  as  sole  and  exclusive 

agents  for  the  sale  of  the  real  property  herein  described,  and,  in  con- 
sideration of  their  services  to  be  performed,  I  authorize  and  request 
them  to  sell  the  same,  either  personally  or  through  others,  within  that 
time,  on  the  following  terms  and  conditions : 

Said  property  is  located  in  the  county  of ,  state  of  ,  and  is 

described  as  follows,  to  wit:  The  purchase  price  is  dollars 

($ ),  and  the  agents'  compensation  is  to  be  dollars   ($         ), 

both  the  purchase  price  and  such  compensation  payable  in  gold  coin  of 
the  United  States  of  America,  within  the  time  allowed  for  accepting 
title,  and  upon  the  owner's  delivering  to  the  purchaser  a  grant,  bargain 
and  sale  deed. 

The  pnreliaser  shall  have  days  to  report  in  writing  all  valid  de- 
fects in  title,  and  the  owner days  to  remove  them.     On  approving 


Form  1190  Cowdery's  Form  Book.  444 

title,  or  removing  defects  reported,  both  of  which  slmll  be  done 
promptly   and   within   the   time    allowed,   the   purchaser   shall,    in   the 

manner  stipulated,  immediately  deposit  for  the  owner  with & , 

or  some  local  bank,  or  some  title  insurance  or  abstract  company,  the 
purchase  price  agreed  upon.  Thereupon  the  owner  shall  promptly  leave 
with  the  same  depositor^',  vv^ith  permission  to  deliver  or  record,  a  prop- 
erly executed  and  acknowledged  deed  of  grant,  bargain,  and  sale,  wliich, 
upon  payment  being  made  therefor  as  herein  or  hereafter  provided, 
shall  convey  to  said  purchaser  the  whole  of  said  property  with  an  un- 
qualifiedly valid  and  merchantable  title  in  fact  and  of  record,  entirely 
free  from  any  defect,  restriction,  or  encumbrance  reported  as  agTced, 
and  not  herein  expressly  excepted,  or  not  assumed,  created,  or  per- 
mitted by  the  purchaser. 

All  improvements  now  claimed  as  belonging  to  the  land  to  be  wlioUy 
and  vertically  within  its  boundary  lines  and  in  substantially  as  good 
condition  as  at  present,  and  no  improvements  to  be  projecting  on  to 
or  over  the  land  from  land  thereto  adjacent,  at  expiration  of  time  for 
examining  title  and  at  time  of  notice  to  purchaser  of  owner's  depositing 
the  above-named  document  on  the  conditions  specified. 

Rents  and  charges  for  taxes,  water,  and  accepted  insurance  or  in- 
debtedness arc  to  be  adjusted  pro  rata  from  close  of  day  following 
mutual  deposit,  within  the  time  provided,  of  document  and  considera- 
tion herein  or  hereafter  promised,  or  following  first  notice  to  either 
party  of  the  other's  performance  after  the  time  provided. 

&  are  authorized  to  enter  into,  sign,  and  deliver,  for  and 

in  the  name  of  the  owner,  an  agreement  for  the  sale  of  said  property 
at  the  price  and  in  substantial  conformity  with  the  terms  agTeed  to 
by  the  undersigned,  and  to  include  therein  all  changes  hereafter  ver- 
bally or  in  writing  authorized;  to  correct  all  errors  of  location  and 
boundary  of  the  land;  to  accept  and  receipt  for  in  the  owner's  name, 
and  to  hold  a  deposit  on  account  of  the  purchase  price  pending  com- 
pletion of  sale;  and  to  return  same  if  owner  fails  to  convey. 

To  extend  for days  the  time  to  examine  title  and  report  defects 

therein;  the  agents  to  return  purchaser's  deposit  in  their  possession, 
without  prejudice  to  any  rights  inherent  in  this  agreement,  or  any  sub- 
sequent agreement  to  buy  and  sell,  should  the  owner  refuse  or  fail 
to  clear  and  convey  said  property  in  the  manner  and  time  agreed,  or  if, 
in  the  agents'  judgment,  the  title  cannot  be  perfected  or  reasonabh' 

safeguarded  within  months  after  receipt  of  piirchaser's  written 

report  thereon.  Consummation  of  sale  shall  not  be  prevented  or  de- 
layed by  any  formal  defect  that  does  not  vitally  impair  the  title  and 
that  cannot  be  removed  withir  the  time  provided;  but  the  owner  shall 
be  permitted  to  sufficiently  guarantee  the  purchaser  that  the  defect 
will  be  removed  as  promptly  as  legal  process  allows,  and  shall  do  so  if 
required.  The  purchaser's  actual  and  reasonable  expenditure  for  ex- 
amining title  and  surveying  property,  not  exceeding  usual  charge  for 
such  survey  and  insuring  title  in  the  sum  of  said  purchase  price,  is,  in 


445  Contracts.  Form  1190 

exchange  for  all  benefits  acemcd  for  such  exponclitnre,  to  be  repaid  by 
owner  on  failinc;'  to  convey  the  projoerty  as  agreed, — surveying  charge 
to  be  included  only  if  title  is  otherwise  approved. 

Time  shall  be  of  the  essence  of  this  and  any  subsequent  agreement 
relating  to  said  property,  and  if  the  purchaser  fails  to  comply  with 
any  of  the  conditions  agreed  upon,  at  the  time  or  in  the  manner  stipu- 
lated, the  owner  shall  be  released  from  all  obligations  to  said  pur- 
chaser, and  all  rights,  legal  and  equitable,  of  the  purchaser  under  said 
agreement  shall  cease,  and  the  whole  of  the  deposit  and  all  additional 
payments  made  shall  be  retained  by  or  for  the  owner,  either  as  liqui- 
dated and  agreed  damages,  or  may  be  applied  on  account  of  the  pur- 
chase price,  and  suit  may  be  entered  against  the  purchaser  to  compel 
sf)ecific  performance  of  said  agreement  signed. 

Any  act  herein  promised  or  authorized  to  be  done  by  or  to  any  prin- 
cipal, except  the  formal  conveyance  of  the  property,  may  be  done  by 
or  to  his  agent,  attorney,  or  subordinate. 

All  benefits  and  obligations  anywhere  enumerated  or  implied  in  this 
or  any  corresponding  agreement  shall  form  an  equally  essential  part 
of  all  extensions  and  renewals  of  such  agreements,  and  shall  respec- 
tively inure  to  and  bind  the  heirs,  executors,  administrators,  succes- 
sors, assigns,  and  nominees  of  the  respective  principals  in  interest  whose 
names  are  here  or  there  inwritten  or  attached. 

Should  any  sale,  or  agreement  for  the  sale,  or  acceptable  exchange 

of  the  above-described  property  be  made  by  &  ,  or  by  or 

through  anyone  authorized  by  them,  or  by  me,  or  anyone  else  during 
the  existence  of  this  agreement  or  any  extension  or  renewal  thereof,  I 

will  pay & ,  upon  demand,  as  compensation  for  their  services 

performed  hereunder,  the  sum  of  dollars   ($ ). 

If  the  transaction  is  made  by  anyone  except  themselves  or  someone 

representing  them,  I  guarantee  that  the  compensation  of  &  

shall  not  be  less  than  two  and  one-half  per  cent  of  the  above-author- 
ized selling  price,  and  not  less  than  fifty  dollars  ($50). 

I  also  agree  to  pay  &  ,  upon  demand,  the  larger  named 

compensation  for  their  services  performed  hereunder,  and  as  agreed 
and  liquidated  damages,  should  a  sale  or  agreement  for  the  sale  or 
acceptable  exchange  of  the  above-described  property  be  made  by  or 
through  me  or  any  owner  within  two  months  [or  other  specified  time] 
after  the  expiration  of  this  agreement  or  its  last  extension  or  renewal, 
to,  for,  or  with  anyone  whose  attention  said  agents  directly  or  indii'ectly 
called  to  the  property  while  authorized  to  do  so ;  or  should  their  author- 
ity be  canceled  before  such  expiration;  or  should  an  offer  to  purchasf 
in  conformity  with  this  agreement  not  be  accepted  and  a  conveyance, 
not  be  made  on  the  conditions  named ;  or  should  an  agreement  for  the 
sale  or  acceptable  exchange  of  said  property  be  made  by  or  through 
said  agents  within  two  months  [or  other  specified  time]  after  the  ex- 
piration of  this  agi-eement  or ,  its  last  extension  or  renewal,  and  pre- 
vious to  the  can<^ellation  in  writing  of  such  extended  authoritv  three 


Form  1190  Cowdery's  Form  Book.  446 

or  more  days  [or  other  specified  time],  before  a  deposit  has  been  paid 
on  the  purchase /price  under  the  terms  authorized. 

All  purchase  moneys  deposited  in  trust  for  the  owner  in  excess  of 
agents'  compensation  shall  be  paid  over  on  completion  of  the  trans- 
action, and  the  balance  paid  to,  or  retained  by,  said  agents. 

I  hereby  warrant  full  performance  of  all  the  acts  above  stipulated 
to  be  done  by  the  owner,  and  give  &  ,  and  their  agents,  ex- 
clusive permission  to  bill,  advertise,  and  show  said  property  while 
authorized  to  sell  the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  this  day  of 

,  191— 

[Signatures.] 

Executed  in  the  presence  of and  . 

In  consideration  of  the  foregoing,  we  hereby  accept  the  above  ap- 
pointment and  employment  on  the  terms  and  conditions  therein  named. 

& . 

By  . 

NOTE. — While  a  married  man  has  the  management,  control  and  dis- 
position of  community  property,  except  that  he  cannot  give  it  away,  or 
convey  it  vpithout  a  valuable  consideration  (see  Cal.  Civ.  Code,  sec.  172), 
yet  it  is  often  required  by  persons  negotiating  for  the  purchase  of  real 
estate,  sold  by  a  husband  and  wife,  that  both  of  them  sign  the  contract. 
This  is  for  the  purpose  of  forestalling  any  questions  that  may  arise  as  to 
separate  property  and  community  property.  And  it  may  be  remarked  here 
that  it  is  advisable  for  one  who  has  made  a  contract  for  the  purchase  of 
real  property  to  have  his  contract  recorded  immediately,  to  put  himself 
into  proper  position  in  case  the  seller  fails  to  keep  his  contract. 

The  following  form  of  extension  and  renewal  may  be  subjoined,  and  may 
be   repeated  as  agreed  upon:   I   hereby   extend   and   renew   from   now  until 

J   191 — ,  the  authority  and  agreement  to  sell,  printed  and  written   and 

by  me  signed,  on  the  reverse  side  hereof,  on ,  191 — .  and  I  again  author- 
ize,   employ,   and   request   &  ,    during  the    time   first    hereinabove 

written,  to  sell  the  real  property  described  in  said  "Authority  to,  and  Agree- 
ment with,  Agent  to  Sell,"  on  the  same  terms  and  under  the  same  povv^ers, 
rights,  and  obligations  therein  conferred  and  undertaken. 

The  following  items  of  information  may  also  be  written  or  printed  upon 
the  "Authority  to,  and  Agreement  with,   Agent  to   Sell":   No.   of  building, 

street,  between  and  streets.     Kind  and  size  of  building 

and  number  of  stories,  .     Kind  of  foundation,  .     Size,  height  and 

condition  of  basement,  .     Kind  of  roof,  ;  how  old?  ;  condition, 

.     Number   of  rooms,  .     Number   of  bay   windows,  .     Number 

and  style  of  grates,  .     Kind  of  walls,  ;   condition,  .     Style  of 

lights,   .     Number   and    style    of   baths,   .     Kind    and    condition    of 

plumbing,  .  Sewer  connections,  .  Sidewalks,  .  Street  im- 
provements,  elevations,   and   grades,  .     General   style   of   improvements 

in   neighborhood,  .     Distance   from   ear  lines,   .     View,  .     Size 

of  lot,  .     Size  of  yards,  .     Front  of  lot  above  street,  about  

feet;  below  street,  about  feet.     Eear  of  lot  above  street,  about  

feet;   below   street,    about  feet.     Cost   of   improvements,   dollars 

($ );    how   old?    ;    present    condition,    .     Monthly    rents,    

dollars    ($ ).     Monthly    water    charges,    dollars    ($ ).     Leased 

^jntil  ,  191 — .     Land  is  assessed  for  dollars  ($ — ■ — );  improvements 

dollars  ($ ).     Total  last  year's  tax,  dollars  ($ ).     Abstract 

or  title  insurance  at  .     Other  owners,  .     Improvements  insured  in 


447  CONTKACTS.  Forms  1191,  1192 

the  company,  for  dollars  ($ );  expires,  ,  191 — ;  rate  . 

Mortgage,  for  dollars  ($ );  expires  ,  191—;  rate  ;  renew? 

;    mortgagee,    .     "Will    owner    take    mortgage?    ;    amount   

dollars    ($ );    time,  ;    rate,   .     Will   owner   exchange    for    other 

property?  .     Kind  and  location,  .     Remarks,  .     Owner's  residence, 

;   business  address,  ;   telephone,  .     Name  of  solicitor,  . 

A  broker  employed  to  purchase  is  not  entitled  to  a  commission  from  the 
seller:  See  Bennett  v.  Kidder,  5  Daly  (N.  Y.),  512.  A  broker  cannot  act 
as  agent  of  both  parties  to  contract  for  the  sale  and  purchase  of  real 
estate;  but  he  may  lawfully  bring  parties  together  for  an  exchange  of 
lands,  and  receive  compensation  from  both  parties,  if  they  agree  to  pay 
him:  See  Clark  v.  Allen,  125  Cal.  276,  57  Pac.  985. 

No.  1191.    Agreement  With  Agent  or  Broker  to  Sell  Land. 

It  is  agreed  that  S.  B.,  shall,  as  my  agent,  contract  that  I  will  sell 
the  following  described  land  to  any  purchaser  found  by  him  within 
thirty  days  from  date  hereof,  viz.,  situated  in  the  city  and  county  of 
San  Francisco,  state  of  California,  and  known  as  fifty-vara  lot  No.  7 
in  Block  No.  763,  of  the  Western  addition.  The  price  to  be  not  less 
than  ten  thousand  dollars  in  gold  coin  of  the  United  States.  I  agree 
to  furnish  to  the  purchaser  within  ten  days  after  a  deposit  of  two 
hundred  and  fifty  dollars  is  made  with  me  or  the  said  S.  B.,  an  ab- 
stract of  title  to  said  land,  certified  to  by  J.  and  E.  B.  C,  searchers  of 
records  in  said  city  and  county.  The  said  property  to  be  conveyed 
free  of  all  encumbrances.  The  said  property  shall  remain  in  the  hands 
of  the  said  S.  B.  exclusively  for  thirty  days  from  date;  and  if  he  sells 
the  same  within  said  time,  I  will  pay  him  a  commission  of  two  per  cent 
upon  the  purchase  price.  All  advertising  expenses  attending  the  sale 
to  be  paid  by  the  said  S.  B. 

Dated  . 

[Signatures.] 

NOTE. — The  law  of  California  requires  an  agreement  authorizing  or 
employing  an  agent  or  broker  to  purchase  or  sell  real  estate  for  compen- 
sation or  a  commission,  to  be  in  writing,  subscribed  by  the  party  to  be 
charged  or  Ms  agent:  California,  Civ.  Code,  sec.  1864. 

No.  1192.    Broker's  Contract  of  Sale. 

Dated . 

Sold  this  day  for  account  of  A.  B.  C.  to  E.  F.  G.  the  following  de- 
scribed premises  situate  in  the  city  and  county  of  San  Francisco,  state 
of  California,  to  wit:  [Description]  for  the  sum  of  $10,000  in  United 
States  gold  coin,  on  the  following  terms,  to  wit:  One  thousand  dollars 
cash  deposit  upon  the  signing  of  this  contract,  and  $9,000  cash  upon 
delivery  of  deed  to  purchaser.  The  taxes  for  the  year  1917  to  be  paid 
by  the  seller. 

Received  fromE.  F.  C,  $1,000  as  a  deposit  on  above  sale,  to  be  re- 
funded in  case  a  good  title  cannot  be  given  by  the  seller,  or  in  case 
this  contract  is  not  approved  by  the  seller,  twenty  days  to  be  allowed 
for  search  of  title. 


Forms  1193, 119i      Cowdery's  Form  Book.  448 

In  case  the  title  proves  defective,  the  necessary  expenses  of  search 
and  of  examination  of  title  to  be  paid  by  the  seller,  abstract  to  be 
furnished  down  to  date  hereof,  by  seller. 

[Signature.] 

No.  1193.    Covenant  not  to  Sue. 

Know  all  Men  by  These  Presents:  That  whereas  J.  D.,  of  the  city 
of  Oakland,  in  the  county  of  Alameda,  and  state  of  California,  is  justly 
indebted  to  us,  R.  R.,  J.  S.,  and  P.  B.,  in  divers  sums  of  money,  which 
the  said  J.  D.  is  unable  to  pay: 

Now,  we  and  each  of  us,  for  ourselves,  our  and  each  of  our  heirs, 
executors,  administrators,  and  assigns,  for  and  in  consideration  of  the 
agreement  and  covenant  of  the  said  J.  D.,  hereinafter  contained,  do 
covenant  and  agree  with  the  said  J.  D.,  that  we  will  not,  nor  will  either 
or  any  of  us,  at  any  time  during  two  years  from  tlie  date  hereof,  sue, 
prosecute,  arrest,  molest,  or  trouble  tlie  said  J.  D.,  in  respect  to  or  on 
account  of  any  debts  now  by  him  due  or  owing  to  us,  or  any  or  either 
of  us. 

And  the  said  J.  D.,  in  consideration  of  the  foregoing  covenant  and 
agreement,  for  himself,  his  heirs,  executors,  and  administrators,  cove- 
nants and  agrees  with  the  creditors,  aforesaid,  tliat  he  will  faithfully 
apply  all  moneys,  property,  and  effects  that  he  may  earn  or  procure 
during  the  said  term  of  two  years  to  the  payment,  in  gold  coin  of 
the  United  States,  of  his  debts  owing  to  the  creditors  aforesaid,  in 
proportion  to  the  amount  due  and  owing  to  each. 

Dated . 

[Signature.] 

No.  1194.    Contract  to  Cultivate  Land  on  Shares. 

This  agreement,  made  this  10th  day  of  May,  1917,  between  J.  D.  and 
R.  R.,  witnesseth: 

That  J.  D.  agrees  with  R.  R.  that  he  will  properly  plow,  harrow,  till, 
fit  and  prepare  for  sowing,  according  to  the  rules  of  good  husbandry, 
all  that  certain  field  of  ground  belonging  to  the  said  R.  R.,  which  field 
lies,  etc.;  [Description  of  the  field.]  Containing  about  fifty  acres,  and 
to  sow  the  same  with  good,  clean  wheat,  finding  one-half  of  the  seed 
wheat  necessary  therefor,  on  or  before  the  tenth  day  of  January,  1916 ; 
and  that  he  will  at  the  proper  time  cut,  harvest,  and  thresh  the  said 
wlieat,  and  properly  winnow  and  clean  the  same,  and  deliver  the  one- 
half  part  of  the  said  wheat  to  the  said  R.  R.,  at  his  barn,  on  his 
premises,  in  the  said  city  of  Oakland,  near  his  dwelling-house,  within 
ten  days  after  the  'same  shall  have  been  cleaned ;  and  will  carefully 
stack  the  one-half  part  of  the  straw  on  the  premises  of  the  said  R.  R., 
near  to  his  barn  aforesaid. 

And  the  said  R.  R.,  in  consideration  of  the  foregoing  agreement, 
promises  and  agrees,  to  and  with  the  said  J.  D.,  that  he  may  enter  in 
and  upon  the  said  field  for  the  purpose  of  tilling  and  sowing  the  same, 
and  of  harvesting  the  crop ;  and  free  ingress  and  egress  have  and  enjoy 


449  Contracts.  Forms  1195, 1196 

for  the  purposes  aforesaid;  and  that  he  will  furnish  to  the  said  J.  D. 
one-half  part  of  the  seed  wheat  necessary  to  sow  the  same,  on  or  before 
the  first  day  of  Januaiy  next,  and  permit  the  said  J.  D.  to  thresh  and 
clean  the  wheat  ui^on  the  premises  of  the  said  R.  R. 

[Signatures.] 

No.  1195.    Complaint  Against  Builder  for  Special  Damages  from  Loss 

of  Rent, 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  day  of  ,  191—,  at  ,  the  plaintiff  and 

the  defendant  entered  into  an  agreement,  under  their  hands  and  seals, 
of  which  a  copy  is  annexed  as  a  part  of  this  complaint,  marked 
*' Exhibit  A." 

2.  That  the  plaintiff  duly  performed  all  the  conditions  thereof  on 
his  part. 

3.  That  the  defendant  entered  upon  the  performance  of  the  work 
under  said  contract,  but  has  neglected  to  finish  the  said  contract,  and 
that,  although  the  time  for  the  completion  of  said  building  expired 
before  the  commencement  of  this  action,  he  neglects  and  refuses  to 
complete  the  same. 

4.  Tliat  the  plaintiff,  on  the  day  of ,  191—,  at  ,  made 

an  agi'eement  with  one  ,  whereby  he  agreed  to  let,  and  said  

agreed  to  hire,  the  said  building  for  two  months,  from  the  day 

of ,  191 — ,  to  the  day  of ,  191 — ,  at  the  monthly  rent  of 

dollars  ($ ),  of  which  the  defendant  had  notice. 

5.  That  by  reason  of  the  defendant's  failure  to  complete  the  contract 

aforesaid  on  his  part,  the  plaintiff  has  been  unable  to  give  said  ■ 

occupancy  thereof,   and  has  been  thereby  deprived   of  the  profits  of 

said  lease,  to  his  damage  in  the  amount  of  dollars  ($ ),  gold 

coin. 

Wherefore  [etc.], 

[Signature.] 
[Annex  agreement  marked  "Exhibit  A."] 

No.  1196.    Complaint   by    Contractor   for   Extra   Work   Done   Under 

Contract  Modified. 
[Title  of  Court  and  Cause.] 

The  plaintiff  complains   and   alleges: 

First.     For  a  first  cause  of  action: 

1.  That  on  the day  of ,  191 — ,  at ,  the  defendant,  under 

his  hand  and  seal,  made  a  contract  in  writing  with  the  plaintiff,  of 
which  the  following  is  a  copj'':  

2.  That  he  has  duly  performed  all  the  conditions  thereof  on  his  part, 
except  that,  at  the  request  of  the  defendant,  he  finished  the  building 

Form  Book — 20 


Form  1197  Cowdery's  Form  Book.  450 

with  hard  finish  instead  of  cloth  and  paper,  for  which  the  defendant 
promised  to  pay  a  reasonable  sum  in  addition  to  the  price  named  in 
the  contract.  That  by  tlie  consent  of  the  defendant  the  time  for  com- 
pleting said  work  was  extended  for  one  month  beyond  the  time  fixed 
for  the  contract,  to  wit,  to  the day  of ,  191—. 

3.  That  the  plaintiff  on  his  part  duly  performed  all  the  conditions 
of  said  contract  as  modified. 

4.  That  the  sum  of  dollars  ($ )  is  a  reasonable  payment^  to 

be  made,  in  addition  to  the  price  named  in  said  contract,  for  finishing 
the  building  with  hard  finish  instead  of  cloth  and  paper. 

5.  That  on  the  day  of  ,  191—    at  ,  the  plaintiff  de- 
manded of  the  defendant  payment  of  the  sum  of  dollars  ($ ), 

the  amount  due  on  said  contract  as  modified. 

6.  That  he  has  not  paid  the  same,  nor  any  part  thereof. 
Second.     For  a  second  cause  of  action: 

1.  That  between  the  day  of  ,  191—,  and  the  day  of 

.., ^  191—,  at  ,  the  plaintiff  rendered  further  services  and  fur- 
nished materials  to  the  defendant,  at  his  request,  in  ,  for  which 

the  defendant  promised  to  pay. 

2.  That  the  same  are  reasonably  worth  dollars   ($ ). 

3.  That  he  has  not  paid  the  same,  nor  any  part  thereof. 

Wherefore  [etc.]. 

[Signature.] 

Kg.  1197.    Complaint  on  Bond  for  Government  Work  to  Recover  for 

Materials  Furnished  to  the  Contractor. 
[Title  of  Court  and  Cause.] 

The   plaintiff,    as    above    named,    complains    against    the    defendants 
above  named,  and  for  cause  of  action  alleges: 

1.  That  heretofore,  to  wit,  on  the  day  of  ,  191—,  at  , 

in  the  state  of ,  the  defendant,  ,  entered  into  and  executed  a 

formal  contract  in  writing  with  the  United  States  of  America  for  the 

prosecution  and  completion  of  certain  public  work,  in  .     That  in 

accordance  with  the  requirements  of  said  contract,  and  in  compliance 
with  the  requirements  of  the  statute  and  act  of  Congress  of  said  United 

States  in  that  behalf  provided,  said  defendant,  ,  as  principal,  and 

said  defendant,  the company,  of ,  as  surety,  at  the  same  time 

and  place  with  the  execution  of  said  contract  as  aforesaid,  executed 
and  delivered  to  said  United    States  their  penal  bond  in  the  sum  of 

dollars    ($ ),   conditioned   that   said   defendant,   ,   should 

promptly  make  full  payment  to  all  persons  supplying  materials  in  the 

prosecution  of  said  work  of  ,   as   in   said   contract   provided.     A 

copy  of  said  bond,  marked  "Exhibit  A,"  is  hereto  annexed  and  made 
a  part  of  this  complaint. 

2.  That  thereafter  said  defendant,  ,  entered  upon,  and  in  , 

191—,  completed,  the  said  public  work  so  required  by  said  contract  as 


451  Contracts.  Form  1197 

afcresaid,  and  received  from  said  United  States  payment  tlicrcfor  as 

by  said  contract  provided,  namely,  the  sum  of  dollars    ($ ). 

During  the  course  of  said  work  of  ,  as  in  said  contract  pi'ovided, 

the  said  company,  in  accordance  with  a  contract  to  that  effect 

then  and  there  made  with  said  ,  supplied  him  from  time  to  time, 

and  in  such  parcels  as  were  by  him  required,  during  the  prosecution  of 
said  work,  with  materials  for,  and  by  him  used  in,  the  prosecution  of 

said  work.     Said  materials  consisted  of  ,  and  were  then  and  there 

used  for  and  in  connection  with  ,  required  in  doing  said  work  so 

to  be,   and  which   Avas,   done  by  the   said  ,  as  required  by   said 

contract. 

The  value,  and  under  the  terms  of  said  contract  by  and  between  said 

and  said  for  supplying  said  materials  for  said  public  work 

the  price  of  said  materials  so  supplied  to  him  and  used  in  said  public 

work  as  aforesaid  was  the  sum  of dollars  ($ ),  and  bj'  the  terms 

of  last  said  contract  was  to  be  paid  by  said to  said in  install- 
ments corresponding  with  the  said  agreed  price  and  value  of  each  parcel 

of  said  materials  so  supplied  him  as  aforesaid  within  days  after 

each  parcel  thereof  had  been  so  supplied,  and  if  not  so  paid  to  bear 

interest  at  the  rate  of per  cent  per  annum.     All  of  said  materials 

were  so  supplied  by  said  to  said  for  said  work  as  aforesaid, 

in  parcels  as  aforesaid,  between  ,  191 — ,  and ,  191 — . 

Said paid  to  said ,  on  account  of  said  materials  so  supplied 

and  used  as  aforesaid  and  the  price  and  value  thereof  as  aforesaid,  the 

following  stated  sums  at  the  dates  stated,  namely:  On  ,  191 — ,  the 

sum  of  dollars   ($ ) ;  on  ,  191 — ,  the  sum  of  dollars 

($ );  and  on  ,  191 — ,  the  sum  of  dollars   ($ ).     Said 

sums  when  received  were  by  said  credited  to  said  on  said 

account,  and  applied  in  payment  of  the  price  of  the  parcel  of  said  mate- 
rials earliest  supplied  to  said  —  as  aforesaid,  and  as  so  applied  paid 

for  all  parcels  of  said  materials  so  supplied  to  said  by  said  

prior  to  ,  191 — .    No  other  payment  of  or  for  said  materials  so  by 

said supplied  to  and  used  by  said was  ever  made. 

On  ,  191 — ,  there  remained  unpaid  of  the  price  and  value  of  said 

materials  so  by  said  supplied  to  and  used  by  said  in  said 

public  work  as  aforesaid  the  sum  of  dollars  ($ ),  besides  in- 
terest thereon  at  the  rate  of  per  cent  per  annum  from  the  time 

said  money  became  due,  and  on  that  day,  at  said  ,  said  ren- 
dered and  stated  to  said  an  account  of  said  materials  so  supplied 

as   aforesaid  at  the  price  aforesaid  and  yet  unpaid  and  due  thereon, 

namely,  the  sum  of dollars  ($ ),  together  with  interest  thereon 

at  the  rate  aforesaid,  amounting  at  that  date  to  the  sum  of dollars 

($ ),  which  account,  when  so  rendered  and  stated  to  him  as  afore- 
said, said  then  and  there  accepted  and  agreed  to,  and  in  writing 

promised  to  pay  to  said  ,  in  one  day  thereafter,  the  said  amount 

unpaid  and  due  thereon,  with  interest  as  aforesaid,  namely,  the  total 


Form  1197  Cowdery's  Form  Book.  452 

sum   of  dollars    ($ ).     Said   sum   has   not,   nor  has   any   part 

thereof,  nor  of  the  interest  thereon,  been  paid. 

3.  That  said  has  not  promptly  or  otherwise  made  full  payment 

nor  any  payment  save  as  aforesaid  to  said  for  the  materials  sup- 
plied by  it  to  said for  use,  and  which  were  actually  by  him  used, 

in  the  prosecution  of  said  public  work  so  done  under  and  as  required 
by  and  provided  in  the  contract  by  and  between  the  United  States  of 
America  and  said  first  hereinbefore  mentioned. 

4.  That  said  work  of ,  as  in  said  contract  therefor  provided,  was 

and  is  public  work  of  the  United  States,  and  was  done  under  the  direc- 
tion of  the  War  Dejiartment  of  said  United  States. 

Heretofore,  to  wit,  on  ,  191 — ,  said  furnished  to  the  said 

War  Department  an  affidavit  that  materials  for,  and  used  in  the  prose- 
cution of,  said  public  work  in  ,  as  provided  in  said  contract  as 

aforesaid,  had  been  supplied  to  said  by  said  ,  and  payment 

therefor  had  not  been  made;  and,  at  the  same  time,  said  applied 

to  said  War  Department  to  be  furnished  with  a  certified  copy  of  the 
said  contract  and  bond,  for  the  purpose  of  bringing  suit  thereon  in  the 

name  of  the  United  States  for  the  use  and  benefit  of  said  against 

the    defendants   herein.     Said    department   received   said   affidavit    and 

application,  and  thereafter,  to  wit,  on  ,  191 — ,  furnished  said 

with  a  certified  copy  of  said  contract  and  bond  for  the  purposes  afore- 
said. 

5.  That  said  is,  and  at  all  times  herein  mentioned  was,  a  cor- 
poration organized  and  existing  under  the  laws  of  the  state  of  , 

engaged,  and  by  its  charter  authorized  to  be  engaged,  in  business  as . 

6.  The  defendant,  the  company,  of  ,  is,  and  at  all  times 

herein  mentioned  was,  a  corporation  organized  and  existing  under  the 
laws  of  the  state  of  ,  with  a  branch  office  in,  and  a  resident  vice- 
president,  resident  assistant  secretary,  and  resident  manager  in,  and  per- 
manently residing  in,  the  county  of  ,  state  of  .     During  all  of 

said  time  last  mentioned  said  corporation  was  engaged  in,  and  by  law 
was  authorized  to  engage  in,  the  business  of  corporation  surety  on  bonds 

required  by  law  or  contract  within  the  state  of ,  by  license  of  said 

state,  and  had  designated  a  person  residing,  and  who  now  resides,  in 
said  county  of ,  upon  whom  process  in  civil  actions  against  said  cor- 
poration may  be  served,  as  the  representative  of  said  corporation. 

The  defendant,  ,  is  a  resident  of  the  district  of  . 

Wherefore  plaintiff  demands  judgment    (for  the  use   and  benefit  of 

said )  against  said  defendant, ,  and  the company,  of , 

jointly  and  severally,  for  the  aggregate  sum  of  dollars   ($ ), 

together  with  interest  thereon  at  the  rate  of  per  cent  per  annum 

from  ,  191 — ,  and  for  the  costs  of  this  action. 

[Signature.] 

NOTE.— See  United  States  v,  Axman,  152  Fed.  816. 

It  is  necessary,  under  the  laws  of  the  United  States,  for  the  person  fur- 
nishing labor  and  materials  to  a  contractor  engaged  in  public  work,  to  apply 


453  Contracts.  Form  1198 

to  the  department  under  the  direction  of  which  said  work  was  done,  and 
furnish  it  with  an  affidavit  that  the  labor  or  materials  have  been  supplied 
by  him  or  them.  Then  it  will  send  to  the  applicant  a  certified  copy  of  the 
contract  with  the  government  and  a  copy  of  the  contractor's  bond,  and 
the  person  making  the  application  will  then  have  a  right  of  action  in 
the  name  of  the  United  States  for  his  benefit  against  the  contractor  and 
his  sureties,  which  he  ma}^  prosecute  to  final  judgment  and  execution:  See 
Act  of  Congress  of  August  13,  1894,  Stats,  at  Large,  p.  278,  c.  280.  Such 
action  is  exclusively  one  upon  the  bond,  and  is  maintainable  as  such  only 
by  virtue  of  the  statute  providing  for  such  a  bond,  and  giving  an  action 
upon  it  to  the  prosecutor:  Mullins  v.  United  States,  109  Fed.  817,  818,  48 
C,  C.  A.  677. 

No.  1198.  Agreement  for  Conditional  Sale  of  Personal  Property,  Price 
Payable  in  Installments. 

This  agreement,  entered  into  between  ,  of  ,  county  of  , 

state  of  ,  hereinafter  called  the  purchaser,  and  ,  of  the  same 

place,  hereinafter  called  the  seller,  witnesseth: 

The  purchaser  promises  to  pay  to  said  seller,  at ,  the  sum  of 

dollars  ($ ),  as  rent  for ,  said  rent  to  be  paid  as  follows,  to  wit: 

dollars   ($ )   before  the  delivery  of  the  said  property  to  him, 

the  said  pureliaser,  and  the  sum  of dollars  ($ )  on  the  first  day 

of  each  month  thereafter,  commencing  on  the  •  day  of  ,  191 — -, 

with  interest  on  the  amount  unpaid  at  the  rate  of  per  cent  per 

annum,  payable  quarterly. 

The  purchaser  hereby  acknowledges  the  receipt  of  said  property,  and 
agrees  that  he  will  keep  the  same  in  good  order;  that  he  will  indemnify 
the  said  seller  for  loss,  by  fire  or  otherwise,  of  any  of  said  property; 

and  that  it  shall  not  be  removed  from  without  the  consent  of  the 

aaid  seller;  and  also  agrees  that,  until  the  sum  of dollars  ($ ), 

with  interest  as  aforesaid,  is  fully  paid,  the  said  property  is  the  prop- 
erty of  the  said  seller,  and  that  he,  the  said  purchaser,  has  no  riglit  to 
dispose  of  the  same  until  said  property  has  been  fully  paid  for  accord- 
ing to  the  terms  of  this  contract. 

The  said  purchaser  further  agrees  that  if  he  fails  to  pay  any  of  said 
installments  when  due,  or  to  perform  any  of  the  aforesaid  conditions, 
or  if  said  property  shall  be  attached  or  levied  upon  by  creditors  of  the 

said  purchaser,  all  of  said  sum  of  dollars  ($ )  then  remaining 

unpaid  shall,  in  any  of  said  events,  immediately  become  due  and  pay- 
able; and  that  the  said  seller  may  enforce  payment  of  the  entire  sum 
then  unpaid,  with  interest  thereon;  or  may,  if  he  so  elect,  rescind  this 
executory  contract  and  take  possession,  without  legal  process,  of  said 
property,  and  for  tliat  purpose  may  enter  any  premises  where  the  same 
may  be,  all  damages  for  said  entry  being  hereby  expressly  waived. 

The  said  seller  agrees  that  when  the  total  sum  of dollars  ($ ) 

and  interest  thereon  has  been  paid,  and  not  until  then,  the  said  pur- 
chaser shall  receive  a  bill  of  sale  of  said  property,  and  that  the  title 
thereto  shall  then  vest  in  the  said  purchaser. 

And  it  is  mutually  covenanted  and  agreed  between  the  parties  hereto 
that  if  the  said  seller  elects  to  i-escind  this  contract  for  any  reason,  and 


Form  1199  Cowdery's  Form  Book.  454 

shall  retake  said  property,  he  shall  refund  the  money  paid  by  the  said 
purchaser,  if  any  remains  after  deducting  a  rental  for  the  use  of  said 
property  of dollars  ($ )  per  month,  expenses  of  taking  posses- 
sion and  removal,  and  per  cent  of  the  total  sum  to  be  paid  for 

liquidated  and  assessed  damages,  which  rental,  expenses,  and  damages 
the  said  purchaser  promises  and  agrees  to  pay  to  the  said  seller.  The 
said  rental  shall  date  from  the  delivery  of  said  property  to  the  said 
purchaser. 

The  seller  hereby  agrees  to  the  terms  of  this  contract,  and  it  is 
mutually  agreed  between  the  parties  hereto  that  in  all  matters  herein 
mentioned  time  shall  be  of  the  essence  of  this  contract. 

Dated  at this day  of ,  191—. 

[Signatures.] 

Executed  in  presence  of  . 

NOTE. — The  remedy  of  the  seller  for  the  violation  by  the  purchaser  of 
the  terms  of  a  conditional  sale  is  discussed  in  Holt  Mfg.  Co.  v.  Ewing,  109 
Cal.  353,  356,  42  Pac.  435;  Parke  v.  White  River  Lumber  Co.,  101  Cal.  37,  35 
Pac.  442. 

No.  1199.    Agreement  for  Sale  of  Real  Property,  Price  Payable  in  In- 
stallments. 

This  agreement,  made  the  day  of  ,  191—,  between  ,  of 

the  town  of ,  county  of ,  state  of ,  party  of  the  first  part, 

hereinafter  called  the  vendor,  and ,  of  the  same  place,  party  of  the 

second  part,  hereinafter  called  the  vendee,  witnesseth : 

That,  in  consideration  of  the  covenants  and  agi-eements  on  the  part 
of  the  vendee  hereinafter  contained,  the  said  vendor  agrees  to  sell  and 
to  convey  to  the  said  vendee,  and  the  said  vendee  agrees  to  buy,  all  that 

certain  lot,  piece,  and  parcel  of  land  situate  in  the  town  of ,  county 

of  ,  state  of  ,  and  particularly  bounded  and  described  as  fol- 
lows, to  wit:  ;  for  the  sum  of dollars  ($— ),  current  lawful 

money  of  the  United  States  of  America,  to  be  paid  as  follows,  namely : 

the  sum  of dollars  ($ )  upon  the  execution  of  this  contract,  the 

receipt  whereof  is  hereby  acknowledged,  and  the  remainder  in  monthly 

installments  of  dollars  ($ ),  payable  on  the  day  of  each 

and  every  month  thereafter,  commencing  on  the day  of ,  191—, 

with  interest  on  deferred  payments  at  the  rate  of  per  cent  per 

annum  from  date  when  due  until  paid. 

And  it  is  mutually  covenanted  and  agreed  between  the  parties  hereto 
that  the  said  vendee  shall  be  let  into,  and  have  immediate  possession 
of,  said  premises ;  but  that  time  shall  be  of  the  essence  of  this  contract ; 
and  that  if  the  said  vendee  shall  fail  to  pay  the  said  installments,  or 
any  of  them,  when  due,  the  said  vendor  shall  be  released  from  all  obli- 
gation, both  at  law  and  in  equity,  to  convey  said  property;  and,  in  such 
event,  the  vendee  shall  forfeit  all  right  to  said  property,  and  all  pay- 
ments theretofore  made  by  him  shall  be  forfeited  to  the  said  vendor. 


455  Contracts.  Forms  1200,  1201 

The  said  vendor,  npon  receiving  payments,  at  the  time  and  in  the 
manner  hereinbefore  specified,  agrees  to  execute  and  deliver  to  the  said 
vendee,  or  to  his  assigns,  a  good  and  sufficient  deed  conveying  the  title 
to  said  property,  free  and  clear  of  all  encumbrances. 

The  said  vendee  agrees  to  pay  all  state,  city,  and  county  taxes,  and 
all  assessments  of  whatsoever  nature,  v/hich  are  or  may  become  due  on 
said  property;  and  to  keep  the  buildings  thereon  insured  in  the  sum  of 
dollars  ($ )  until  said  property  is  paid  for  in  full. 

It  is  mutually  covenanted  and  agi-eed  that  the  provisions  of  this  con- 
tract shall  apply  to  and  bind  the  heirs,  executors,  administrators,  and 
assigns  of  the  respective  parties  hereto. 

Witness  our  hands  this day  of ,  191 — . 

[Signatures.] 

[Acknowledgment.] 

NOTE. — An  agreement  to  sell  and  buy  is  a  contract  by  which  one  engages 
to  transfer  the  title  to  a  certain  thing  to  another,  who  engages  to  accept 
the  same  from  him  and  to  pay  a  price  therefor:  See  Gal.  Civ.  Code,  see.  1729. 

No.  1200.    Charter  of  Vessel  for  Term. 

Be  it  known  that ,  owner  of  the  ship ,  hereby  lets  said  ship, 

now  lying  at ,  to ,  for  the  term  of from  the  date  hereof; 

and  that  the  said ,  at  the  end  of  said  term,  is  to  pay  to  said  owner 

the  sum  of dollars  ($ )  in  full  for  the  hire  of  said  vessel. 

Witness  our  hands  this  day  of  ,  191 — . 

[Signatures.] 

Executed  in  presence  of  . 

NOTE. — The  owner  may  either  let  the  capacity  or  burden  of  the  ship, 
continuing  the  employment  of  the  owner's  master,  crew  and  equipments, 
or  may  surrender  the  entire  ship  to  the  charterer,  who  then  provides  them 
himself:  See  Cal.  Civ.  Code,  sec.  1959. 

No.  1201.    Charter  of  Vessel  for  Voyage. 

This  charter-party,  made  the  day  of  ,  191 — ,  between  , 

of  ,  of  the  first  part,  hereinafter  called  the  owner,  and  ,  of 

,  party  of  the  second  part,  hereinafter  called  the  charterer,  wit- 

nesseth: 

That  the  owner  lets  to  the  charterer  the  ship ,  now  lying  at , 

of  wliich is  master,  for  a  voyage,  to  be  made  from to . 

That  the  owner  warrants  that  the  said  ship  shall  be  kept  seaworthy, 
and  in  every  respect  fit  for  the  voyage. 

That  the  charterer  may  put  on  board  the  said  ship  any  goods  what- 
ever, except  such  as  are  contraband  of  war. 

Tliat  the  charterer  shall  be  allowed  days  for  discharging  and 

reloading  at  the  port  of ,  and  days  for  final  discharge  at  the 

port  of ,  exclusive  in  each  case  of  Sundays  and  legal  holidays,  and 

commencing  in  each  case  from  the  time  that  notice  is  given  to  the  char- 


Forms  1202-1204      Cowdery's  Form  Book.  45G 

terer,  or  his  proper  agent,  of  the  readiness  of  the  vessel  to  receive  or 
discharge  cargo;  and  that  for  every  day  of  additional  detention  of  the 
vessel  for  these  purposes  the  charterer  shall  pay  to  the  owner  the  sum 
of dollars  ($ ). 

That  the  cliarterer  shall  pay  to  the  owner,  at  ,  within  days 

after  the  arrival  of  said  ship   at  that  port,  the  sum  of  dollars 

($ )   in  full  for  the  hire  of  the  same   [and  shall  also  pay,  as  they 

fall  due,  the  expenses  of  victualing  and  manning  the  same,  and  all  port 
charges  and  pilotage  that  may  be  due  thereou]. 

Witness  our  hands  [etc.]. 

[Signatures.] 

Executed  in  presence  of  , 

No.  1202.    Answer  Denying  Offer  to  Perform  Charter-party. 

[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  at  the  time  fixed  by  the  agreement  referred  to  in  the  complaint 
the  plaintiff  was  not  ready  or  willing,  nor  in  a  condition,  to  receive  the 
merchandise  mentioned  in  the  said  agreement. 

[Signature.] 

No.  1203.    Complaint  for  Breach  of  Contract  to  Employ. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  twenty-sixth  day  of  May,  1917,  at  P.,  the  plaintiff 
and  the  defendant  mutually  agreed  that  the  plaintiff  should  serve  the 
defendant  as  an  accountant,  and  that  the  defendant  should  employ  the 
plaintiff  as  such  for  the  term  of  [one  year,  or  as  the  case  may  be],  and 
pay  him  for  his  services  $65  monthly  [or  as  the  case  may  be]. 

2.  That  on  the  twenty-seventh  day  of  May,  1917,  the  plaintiff  entered 
upon  the  service  of  the  defendant  under  said  agreement,  and  has  ever 
since  been,  and  still  is,  ready  and  willing  to  continue  in  such  service. 

3.  That  on  the  twenty-seventh  day  of  Aiigust,  1917,  the  defendant 
wrongfully  discharged  the  plaintiff,  and  refused  to  permit  him  to  serve 
as  aforesaid,  though  the  plaintiff  then  and  there  offered  to  continue  in 
said  service,  and  perform  said  agreement  on  his  part,  to  the  damage  of 
the  plaintiff  $1,550. 

Wherefore  [etc.], 

[Signature.] 

No.  1204.    Complaint  for  Breach  of  Contract  to  Manufacture. 

[Title  of  Court  and  Cause.] 

The  plaintiff  complains,  and  alleges: 

1.  That  on  the  thirtieth  day  of  May,  1917,  at  P.,  the  plaintiff  delivered 
to  the  defendant  fifty  sides  of  leather,  of  the  value  of  $20,  to  be  manu- 


457  Contracts.  Forms  1205, 1206 

factored  into  harness  for  a  reasonable  compensation,  to  be  paid  to  the 
defendant  by  the  plaintiff. 

2.  That  the  defendant,  in  consideration  thereof,  undertook  to  manu- 
facture the  said  harness,  or  cause  it  to  be  manufactured  from  the  leather, 
and  to  deliver  the  same  to  the  plaintiff  when  so  manufactured. 

3.  That  the  said  leather  was  so  manufactiarcd  into  harness  by  the 
defendant  before  the  thirtieth  day  of  June,  1917,  on  which  day  the 
plaintiff  demanded  the  same  of  the  defendant,  and  then  and  there  offered 
to  pay  him  a  reasonable  compensation  for  manufacturing  the  same. 

[Or,  3.  That  the  defendant  did  not  manufacture  said  leather  into 
harness,  althousrh  a  reasonable  time  therefor  elapsed  before  this  action.] 

4.  That  the  defendant  then,  and  has  ever  since,  refused  and  neglected 
to  deliver  the  same,  and  has  converted  them  to  his  own  use. 

[Or,  4.  That  tlie  defendant  manufactured  said  leather  in  such  a  neg- 
ligent and  unskillful  manner,  that  the  said  harness  was  of  no  value.] 

Wherefore  [etc.]. 

[Signature.] 

No.  1205.    Complaint  for  Breach  of  Contract  to  Serve. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  twenty-seventh  day  of  May,  1917,  at  P.,  the  plaintiff 
and  defendant  mutually  agreed  that  the  plaintiff  should  employ  the 
defendant  at  a  montlily  compensation  of  $500,  and  that  the  defendant 
should  serve  the  plaintiff  as  bookkeeper  for  the  term  of  one  year. 

2.  That  the  plaintiff  has  always  been  ready  and  willing  to  perform 
his  part  of  the  said  agreement,  and  on  the  twenty-ninth  day  of  May, 
1917,  offered  so  to  do. 

3.  That  the  defendant  refused  to  serve  the  plaintiff  as  aforesaid,  to 
his  damage  $2,500. 

Wherefore  [etc.]. 

[Signature.] 

Nc.  1206.    Complaint  for  Repayment  of  Deposit. 

[Title  of  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  day  of  ,  19 — ,  the  plaintiff  and  the  de- 
fendant made  their  contract  in  writing,  subscribed  by  them,  whereby 
it  was  mutually  agreed  that  the  said  defendant  should  sell  to  this 
plaintiff,  and  the  plaintiff  should  buy  from  the  defendant,  certain  real 

estate  described  as  follows,  to  wit:  ,  for  the  sum  of  dollars 

($ )^  to  be  paid  by  the  plaintiff;  that  the  defendant  should  make 

a  good  title  to  the  said  premises,  and  deliver  a  deed  thereof  on  the 

.  day  of  ,  19 — ;  and  that  the  plaintiff  should  thereupon  pay 

to  the  said  defendant  the  said  purchase  money. 

2.  That  the  plaintiff,  as  a  seci;rity,  as  well  for  the  performance  of 
said  agreement  on  his  part  as  to  secure  a  performance  thereof  on  the 


Form  1207  Cowdeey's  Form  Book.  458 

part  of  the  defendant,  then  and  there  deposited  in  the  hands  of  the 
said  defendant  the  sum  of  dollars  ($ ),  as  part  of  said  pur- 
chase money,  to  be  to  and  for  the  use  of  the  defendant,  and  to  be  re- 
tained by  him  on  account  of  the  purchase  money,  if  the  plaintiff  should 
complete  his  purchase  and  receive  the  deed;  but  to  be  to  and  for  the 
use  of  the  plaintiff,  and  to  be  returned  to  him,  if  the  defendant  should 
fail  to  fulfill  his  agreement  to  give  a  deed  at  the  time  and  pursuant 
to  the  agi'eement. 

3.  That  he  has   always  been  ready  and  willing  to   do  and  perform 
everything  in  the  agreement   contained  on   his  part,   and  on  the  said 

• day  of   ,  19 — ,  was    ready  and  willing,  and    offered  to  the 

defendant,  to  accept  the  deed  of  the  premises  pursuant  to  the  agree- 
ment, and  to  pay  to  him  the  balance  of  the  purchase  money  due  therefor. 

4.  That  the  defendant  did  not  on  the  said  day  of  ,  19—, 

or  at  any  other  time,  or  at  all,  give  to  plaintiff  a  deed  of  the  premises 
pursuant  to  said  agreement,  but  he  then  refused,  and  still  does  refuse, 
to  do  so. 

5.  That  on  the  day  of  ,  19 — ,  he  demanded  of  the  defend- 
ant payment  of  the  sum  of  dollars   ($ ),  deposited  with  him 

as  aforesaid. 

6.  The  defendant  has  not  paid  the  same,  nor  any  part  thereof. 

Wherefore   [etc.]. 

[Signature.] 

No.  1207.    Complaint  on  Bond  to  Convey  Land- 

[Title  of  Court  and  Cause.] 
Plaintiff  complains  of  defendant,  and  for  cause  of  action  alleges: 
(1)   That    the    defendant,    in    consideration    of    six    hundred    ($600) 

dollars,  on  or  about  the  —  day  of  March,  1891,  made,  executed  and 

delivered  to  the  plaintiff  a  certain  instrument  in  writing,  in  the  words 

and  figures  following,  to  wit. 

"Bond  for  Deed. 
"Know  all  men  by  these  presents  that  A.  B.  Johnson,  of  Weber 
county,  Utah  Territory,  of  the  first  part,  is  held  and  firmly  bound  unto 
J.  T.  Mcintosh,  trustee  for  Helen  A.  Elliott,  of  Chico,  California,  of  the 
second  part  in  the  sum  of  six  hundred  dollars.  The  condition  of  the  above 
obligation  is  such  that  said  party  of  the  first  part  has  agreed  to  grant,  sell, 
and  convey  unto  the  said  party  of  the  second  part  the  following  described 
real  estate,  situate  in  Weber  count}',  Utah  Territory,  to  wit:  Lots  six 
(6),  seven  (7),  and  eight  (8),  in  block  twenty  (20),  in  Nelson's  Park 
Addition  to  Ogden  City,  for  the  sum  of  six  hundred  dollars,  to  be  paid 
as  follows:  The  above-described  lots  are  given  in  part  payment  for  a 
colt  known  as  'Byron,'  and  deed  is  to  be  made  when  balance  of  mort- 
gage on  them  is  due  and  paid,  which  A.  B.  Johnson  agi'ees  to  pay  off 
on  or  before  May  10,  1891.  Now  if  the  said  party  of  the  first  part 
shall,  on  or  before  the  tenth  day  of  May,  A.  D.  1891,  execiate  and  deliver 


450  Contracts.  Form  1208 

to  said  party  of  tlie  second  part  a  good  and  sufficient  warranty  deed, 
conveying  an  absolute  and  indefeasible  estate  in  fee  simple,  with  the 
usual  covenants  in  and  to  said  tract  or  parcel  of  land,  then  this  obliga- 
tion shall  be  void;  otherwise  to  remain  in  full  force  and  effect.  In 
witness  whereof  the  said  party  has  hereunto  set  his  hand,  this  seventh 
day  of  March,  A.  D.  1891. 

A.  B.  Johnson. 

**  Signed  in  the  presence  of  C.  E.  Brainard." 

(2)  That  said  defendant  did  not  execute  and  deliver  to  the  plaintiff 
a  good  and  sufficient  warranty  deed,  conveying  absolute  title  and  inde- 
feasible estate  in  fee  simple  to  said  property  on  the  tenth  day  of  ]\Iay, 
1891,  nor  since  said  date,  as  provided  in  said  instrument  in  writing, 
but  has  wholly  failed  in  that  regard  although  often  requested  so  to  do. 

(3)  That  by  the  terms  of  said  written  instrument  the  defendant  be- 
came indebted  to  the  plaintiff  in  the  sum  of  six  hundred  dollars  on 
the  tenth  day  of  May,  1891,  on  defendant's  failure  to  make  the  con- 
veyance as  in  said  instrument  of  writing  provided. 

(4)  That  at  the  time  of  making  said  instrument  of  writing  herein 
set  forth  the  plaintiff  had  duly  performed  all  the  conditions  and  cove- 
nants thereof  on  his  part. 

(5)  That  the  defendant  has  not  paid  the  six  hundred  dollars  nor  any 
part  thereof,  wherefore  plaintiff  demands  judgment  against  the  de- 
fendant in  the  sum  of  six  hundred  dollars,  with  interest  and  costs. 

Painter  &  Murphy, 
[Verification.]  Attorneys  for  Plaintiff. 

NOTE.— Precedent  in  Mcintosh  v.  Johnson,  8  Utah,  359,  31  Pac.  450. 

No.  1208.    Complaint    by  Buyer  Against    Seller    for    not    Delivering 
Merchandise. 

[Title  of  Court.] 
[Title  of  Cause.]  [Title  of  Form.] 

The  plaintiff  complains,  and  alleges : 

1.  That  on  the  day  of  ,  19—,  at  ,  the  plaintiff  agreed 

with  the  defendant  to  buy  of  him,  and  the  defendant  then  agreed  to 

sell  to  the  plaintiff,  and  to  deliver  to  him  on  the day  of ,  19—, 

at  ,  fifty  thousand   (50,000)   bushels  of  corn  at  the  price  of  fifty 

(50)  cents  per  bushel,  to  be  paid  for  on  delivery  thereof. 

2.  That  the  said  time  for  the  delivery  of  the  said  corn  has  elapsed, 
and  that  plaintiff  has  always  been  ready  and  willing  to  receive  the 
said  corn,  and  to  pay  therefor  at  the  price  aforesaid,  on  delivery, 
according  to  the  terms  of  said  agreement,  of  all  of  which  the  defendant 
had  notice. 

3.  That  the  defendant  has  not  delivered  the  same,  nor  any  part 
thereof,  to  the  plaintiff,  at ,  or  elsewhere. 

4.  That  the  plaintiff  has  thereby  lost  profits,  and  has  sustained 
damage  to  the  amount  of  dollars   ($ ). 

Wherefore   [etc.].  [Signature.] 


Forms  1209  ,1210      Cowdery's  Form  Book.  4G0 

No.  1209.     Complaint  by  Seller  Against  Purcliaser. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  Tliat  on  the  sixth  day  of  June,  1917,  at  P.,  the  plaintiff  and  de- 
fendant entered  into  an  agi-eement,  in  substance  as  follows: 

[State  the  agreement.] 

2.  That  the  plaintiff  duly  performed  all  the  conditions  of  said  con- 
tract on  his  part,  and  was,  on  the  sixth  day  of  July,  1917,  at  P.,  the 
day  and  place  of  delivery,  ready  and  willing  to  deliver  said  goods,  and 
tendered  the  same  to  the  defendant. 

3.  That  defendant  refused  to  accept  said  goods,  or  pay  for  them, 
pursuant  to  said  agreement,  to  the  damage  of  the  plaintiff  $1,250. 

No.  1210.    Complaint  to  Recover  Subscription  for  Public  Object. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  [Aver  incorporation.] 

2.  That  the  plaintiff,  in  the  month  of  March,  1917,  was  erecting  a 
building  at  B.,  for  the  purpose  of  public  worship. 

3.  That  the  defendant  and  others  requested  the  plaintiff  to  com- 
plete the  same,  and  for  the  purpose  of  enabling  the  plaintiff  to  do  so, 
they  subscribed  and  agi-eed  to  pay  to  the  plaintiff  the  sum  of  $50, 
in  consideration  of  the  premises,  and  of  the  like  subscription  and  agree- 
ment of  other  persons. 

4.  That  upon  the  faith  of  said  subscription  the  plaintiff  proceeded 
with  the  erection  of  the  building,  and  expended  thereon  large  sums  of 
money,  and  incurred  large  liabilities,  and  completed  said  building,  and 
otherwise  duly  performed  all  the  conditions  on  its  part. 

5.  That  the  defendant  has  not  paid  said  subscription,  or  any  part 
thereof  [except,  etc.]. 

CONTRIBUTION. 

1236.    Order  for  contribution  by  legatee  to  devisee  whose  devise  has  been 
sold  to  pay  debts. 

INTRODUCTORY  NOTE. 

Where  Provision  by  Will  Insufficient. — If  the  provision  made 
by  the  will,  or  the  estate  appropriated  therefor,  is  insufficient  to 
pay  the  debts,  expenses  of  administration,  and  family  expenses, 
that  portion  of  the  estate  not  devised  or  disposed  of  by  the  will, 
if  any,  must  be  appropriated  and  disposed  of  for  that  purpose. 

Estate  Subject  to  Debts. — The  estate,  real  and  personal,  given 
by  will  to  legatees  or  devisees,  is  liable  for  the  debts,  expenses  of 
administration,  and  family  expenses,  in  proportion  to  the  value 
or  amount  of  the  several  devises  or  legacies,  but  specific  devises 


461  Contribution.  Form  1236 

or  legacies  are  exempt  from  such  liability  if  it  appears  to  the  court 
necessary  to  carry  into  effect  the  intention  of  the  testator,  and  there 
is  other  sufficient  estate. 

Contribution  Among  Legatees. — When  an  estate  jriven  by  ^vill 
has  been  sold  for  the  payment  of  debts  or  expenses,  all  the  devisees 
and  legatees  must  contribute  according  to  their  respective  interests 
to  the  devisee  or  legatee  whose  devise  or  legacy  has  been  taken 
therefor,  and  the  court,  when  distribution  is  made,  must,  by  decree 
for  that  purpose,  settle  the  amount  of  the  several  liabilities,  and 
decree  the  amount  each  person  shall  contribute,  and  reserve  the 
same  from  their  distributive  shares,  respectively,  for  the  purpose 
of  paying  such  contribution. 

NOTE,— See  Cal.  Code  Civ.  Proc,  sees.  1562-1564. 

No.  1236.    Order  for  Contribution  by  Legatee  to  Devisee  Whose  Devise 

has  Been  Sold  to  Pay  Debts. 
[Title  of  Court  and  Cause.] 

It  appearing  that  the  said  A.  B.,  deceased,  by  his  last  will  devised 
to  C.  D.,  all  that  real  estate  described  as  follows:   [Description.] 

It  also  appearing  that  said  real  estate  is  of  the  present  market  value 
of  $65,000. 

It  also  appearing  that  all  the  personal  property  belonging  to  said 
estate  has  been  sold  and  the  proceeds  used  to  pay  the  debts  of  said 
estate  and  the  expenses  of  administration. 

It  also  appearing  that  there  remains  in  the  hands  of  E.  F.,  the  execu- 
tor of  said  will,  $27,365.25,  in  gold  coin,  and  of  that  amount  $365.25 
will  be  consumed  in  closing  said  estate. 

It  also  appearing  that  the  land  above  described  has  been  sold  by 
order  of  this  court  for  the  payment  of  the  debts  and  expenses  as  afore- 
said, and  that  all  the  said  money  now  in  the  hands  of  said  executor 
is  the  surplus  proceeds  of  said  sale. 

And  it  also  appearing  that  G.  H.  and  L.  J.,  are  the  only  residuary 
legatees  or  devisees  under  said  will,  and  that  the  said  G.  H.  and  L.  J. 
will  take,  under  said  will,  all  the  remaining  real  estate  belonging  to 
said  deceased.  And  it  also  appearing  that  said  last-mentioned  real 
estate  is  unencumbered  and  of  the  present  market  vahie  of  $365,000. 

It  is  ordered  that  all  the  aforesaid  $27,000  remaining  on  hand  be 
distributed  to  the  said  C.  D.,  and  that  the  said  G.  H.  and  L.  J.,  each 
contribute  [upon  such  terms  as  to  payment,  etc.,  as  the  said  C.  D.,  G.  H. 
and  L.  J.  may  agree  upon],  to  C.  D.,  the  sum  of  $19,000  in  gold  coin, 
making  $38,000  in  all. 

It  is  further  ordered  that  upon  presentation  to  this  court  of  the  re- 
ceipt of  the  said  C.  D.  of  said  $38,000,  that  a  decree  of  distribution 
of  all  that  real  estate  described  as  follows  [description],  be  distributed 
to  the  said  G.  H.  and  L.  J.,  as  tenants  in  common. 


Forms  1247-1258       Comtdery's  Form  Book.  462 

NOTE.— Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec.  943;  California,  Code 
Civ.  Proc,  sees.  1562-1564;  Idaho,  Rev.  Codes  1907,  sec.  5531;  Kansas, 
Gen.  Stats.  1915,  sec.  4658;  Montana,  Rev.  Codes  1907,  sec,  7585;  Nevada, 
Rev.  Laws  1912,  sec.  6071;  North  Dakota,  Comp.  Laws  1913,  sec.  8782; 
Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6397;  Oregon,  Lord's  Oregon 
Laws,  sec.  7345;  South  Dakota,  Comp.  Laws  1913,  sec.  5847;  Utah,  Comp. 
Laws  1907,  sees.  2805-2809;  Washington,  Rem.  Code,  sec.  1521;  Wyoming, 
Comp.  Stats.  1910,  sec.  5673. 

CONVERSION. 

1247.     Complaint  for  conversion  of  personal  property. 

No.  1247.    Complaint  for  Conversion  of  Personal  Property. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  day  of  ,  19 — ,  the  plaintiff  was  lawfully 

possessed  of ,  his  property,  of  the  value  of dollars  ($ ). 

2.  That  on  the  said  day,  at ,  the  defendant  unlawfully  took  and 

carried  away  said  property,  and  converted  and  disposed  of  the  same 
to  his  own  use,  to  the  damage  of  the  plaintiff  in  the  sum  of dol- 
lars ($ ). 

Wherefore  [etc.].  [Signature.] 

COPARTNERSHIP. 

Copartnership.     See  Partnership. 


COPYRIGHT. 

1258.  Application  for  copyright  by  citizen  or  resident  of  the  United  States. 

1259.  Affidavit  of  American  manufacture  of  copyright  book. 

1260.  Assignment  of  copyright  to  book. 

No.  1258.    Application  for  Copyright  by  Citizen  or  Resident  of  the 

United  States. 
Register  of  Copyrights,  Washington,  D.  C.  [Date.] 

Of  the  book  named  herein,  two  complete  copies  of  the  best  edition 
published  on  the  date  stated  herein  are  hereby  deposited  to  secure  copy- 
right, accompanied  by  the  affidavit  required  by  section  16  of  the  act 
of  March  4,  1909,  that  the  book  has  been  produced  in  accordance  witli 
the  manufacturing  provisions  specified  in  section  15  of  the  said  act. 
One  dollar  (statutory  fee  for  registration)  is  also  inclosed.  The  copy- 
right is  claimed  by  the  undersigned: 

Name  and  address  of  copyright  claimant,  ,  , 

Author  or  authors,  . 

Title  of  book,  .     Vol.  .     Price  $ .    Date  of  Publication, 

Send  certificate  of  res'istration  to , . 


463  Copyright.  Forms  1259, 12G0 

NOTE. — If  the  Ti-ork  is  anonymous  or  pseiulonyinons,  it  is  not  obligatory 
to  state  the  name  of  th?  author. 

This  form  is  to  be  used  only  for  books  by  citizens  or  residents  of  the 
United  States.  A  separate  application  card  must  be  used  for  each  separate 
■work.  No  registration  can  be  made  unless  copies  are  accompanied  witha 
properly  filled-out  application  card,  statutory  foe,  and  the  required  affidavit. 
A  failure  to  deposit  copies  bars  suit  for  infringement;  and  if  deposit  of 
copies  is  not  made  after  "actual  notice,"  it  involves  a  fine  of  one  hundred 
dollars  ($100),  the  payment  of  twice  the  value  of  the  book,  and  the  copy- 
right becomes  void. 

No.  1259.    Affidavit  of  American  Manufacture  of  Copyright  Book. 

State  of , 

County  of 


I, ,  [in  ease  of  a  corporation,  say  here:  "the  president  (or  secre- 
tary, or  other  authorized  officer)    of  the  company,  a  corporation 

organized  under  the  laws   of  the  state   of  "],   being   duly   sworn, 

depose  and  say :  1.  That  I  am  the  person  claiming  copyright  in  the  book 
named  herein  [or,  in  the  case  of  a  corporation,  add  "for  the  said  com- 
pany"].- 2.  That  I  am  the  duly  authorized  agent  or  representative 
residing  in  the  United  States  of  the  claimant  of  copyright  in  the  book 
named  herein.     3.  That  I  am  the  printer  of  the  book  named  herein. 

I  further  depose  and  say  that,  in  so  far  as  required  by  the  act  of 

March  4,  1909,  the  book  entitled  ,  of  which  two  copies  have  been 

deposited,  has  been  printed  by ,  at ,  from  type  [or,  plates  maao 

in  the  United  States  from  type],  set  v/ithin  the  limits  of  the  United 

States  by  ,  at  ;  that  the  printing  of  the  text  of  the  said  booK 

was   completed   on  ,   19 — ;   that   the   said  book   was   published   on 

,  19 — ;   that   the  binding  of  the   said  book   has   been   performed 

within  the  limits  of  the  United  States  by ,  at . 

[Signature.] 

Subscribed  and  sworn  to  before  me  this day  of ,  19—. 

[Impression  seal.]  [Official  signature.] 

NOTE. — The  directions  in  the  official  form  are  to  fill  in  the  required 
statements  to  accord  with  the  facts  concerning  the  book  named,  and  to 
draw  a  pen  through  such  statements  as  are  not  intended  to  be  made. 

No.  1260.    Assignment  of  Copyright  to  Book. 

Be  it  known  that  I,  ■ ,  of ,  county  of  ,  state  of ,  the 

author,   and  absolute  proprietor  of  the  copyright  of  a  book  or  work, 

entitled  ,  do  hereby,  for  and  in  consideration  of  the  sum  of  • 

dollars   ($ ),  the  receipt  whereof  is  hereby  acknowledged,  bargain, 

sell,  and  assign  unto  ,  of  ,  county  of  ,  state  of  ,  his 

heirs,  executors,  administrators,  and  assigns  all  the  said  book,  and  the 
manuscript  thereof  and  all  my  right,  title,  and  interest,  property,  claim, 
and  demand  of  every  kind  and  nature  whatsoever,  of,  in.  and  to  the 
same  and  in  any  and  all  copyrights,  and  any  and  all  renewals  thereof, 


Cowdery's  Form  Book.  464 

which  may  or  can  be  had,  or  secured,  or  taken,  m  respect  to  said  book 
or  manuscript,  under  and  by  virtue  of  any  acts' of  Congress,  with  any 
and  all  profit,  benefit  and  advantage  that  shall  or  may  arise  by  or. 
from  printing,  publishing,  or  vending  the  same  during  the  original 
term  of  any  such  copyright,  or  during  any  renewed  term  thereof ;  to 
have  and  to  hold  the  same  to  the  said ,  his  heirs,  executors,  admin- 
istrators, and  assigns  forever. 

Witness  my  hand  this  day  of  ,  19 — , 

[Signature.] 

[  Acknowledgment.  ] 

NOTE. — If  the  assignment  of  a  copyright  is  executed  in  the  United 
States,  such  assignment  must  be  recorded  in  the  copyright  office  within 
three  calendar  months  after  its  execution;  if  it  is  executed  without  the 
limits  of  the  United  States,  such  assignment  must  be  recorded  in  the  copy- 
right oflSce  within  six  calendar  months  after  its  execution.  In  default  of 
such  recording,  the  assignment  shall  be  void  as  against  any  subsequent  pur- 
chaser or  mortgagee  for  a  valuation  consideration,  without  notice,  whose 
assignment  has  been  duly  recorded:  See  act  of  March  4,  1909,  e.  320,  Stats. 
at  Large,  1084,  sec.  44;  Fed.  Stats.  Ann.,  Supp.  1909,  tit.  "Copyright,"  sec.  44. 


CORONERS. 

1271.  Coroner's  certificate  of  death. 

1272.  Coroner's .  subpoena. 

1273.  Coroner's  demand  for  body. 

1274.  Oath  to  coroner's  jury. 

1275.  Oath  of  witness  before  coroner's  inquest. 

1276.  Coroner's  suimnons  of  juror. 

1277.  Inciuisition  by  coroner's  jury. 

1278.  Coroner's  subpoena  for  experts. 

1279.  Coroner's  warrant  of  arrest. 

1280.  Coroner's  certificate  as  to  value  of  physician's  services, 

1281.  Return  or  verdict  of  coroner's  jury. 

INTRODUCTORY  NOTE. 

The  various  state  statutes  regulating  the  holding  of  inquests  and 
the  like  are  cited  in  the  subjoined  note. 

NOTE.— Alaska,  Comp.  Laws  1913,  sees.  2473-2485;  Arizona,  Rev.  Stats. 
(Civ  Code  1913),  sees.  2631-2634;  Colorado,  Mill's  Ann.  Stats.  1912,  sees. 
1408-1428-  Hawaii,  Eev.  Code  1915,  sees.  3696-3708;  Idaho,  Rev.  Codes 
1907  sees.'  8377-8386;  Kansas,  Gen.  Stats.  1915,  sees.  2599-2617;  Montana, 
Rev'  Codes  1907,  sees.  9663-9675;  Nebraska,  Rev.  Code  1913,  sees.  5662- 
5684-  Nevada,  Rev.  Laws  1912,  sees.  7542-7560;  North  Dakota,  Comp.  Laws 
1913' sees.  3405-3424;  Oklahoma,  Harris  &  Day's  Code  1910,  sees.  1666-1690; 
Oregon  Lord's  Oregon  Laws.  sees.  1835-1851;  Utah,  Comp.  Laws  1907, 
sees.  1221-1240;  Washington,  Rem.  Code,  sees.  4007-4030 j  Wyoming,  Comp. 
Stats.  1910,  sees.  1286-1289. 


465  Coroners.  Forms  1271-1274 

No.  1271.     Coroner's  Certificate  of  Death. 

Office  of  the  Coroner  of  the  County  of f 

State  of  . 

I,  ,  coroner  of  the  county  of  ,  state  of  ,  do  hereby  cer- 
tify that  I  held  an  inquisition  upon  the  body  of ,  a  native  of , 

years,  at  number street,  on  the  day  of  , 


19 — .     Verdict  of  the  jury:  Death  from  sunstroke. 

And  I  furtlier  certify  that,  no  other  person  appearing  to  take  charge 

of  the  body,  I  caused  it  to  be  interred  at  the  ,  in  this  county,  on 

the  day  of ,  19 — . 


[OfiQciai  signature.] 


Dated  at this day  of ,  19 — , 

No.  1272.    Coroner's  Subpoena. 

State  of , 

County  of  ,  ss. 

The  People  of  the  State  of Send  Greeting  to and . 

We  command  you  that,  all  business  and  excuses  being  laid  aside,  you 

be  and  appear  before  the  undersigned,  coroner  of  the  county  of  , 

state  of ,  at  number street,  on  the  day  of ,  19 — , 

at  o'clock  A.  M.,  then  and  there  to  testify  and  give  evidence  in  a 

certain  inquisition  now  pending  before  said  coroner;   and  herein   fail 
not,  or  answer  the  contrary  at  your  peril. 

Given  under  my  hand  this  day  of ,  19 — . 

[Official  signature.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  1512. 

No.  1273.     Coroner's  Demand  for  Body. 
To and ,  Undertakers. 

Gentlemen :  I  hereby,  as  coroner  of  the  county  of ,  state  of , 

demand  of  you  the  possession  of  the  body  of  ,  now  in  your  pos- 
session, for  the  purpose  of  holding  an  inquest  to  ascertain  the  cause 

of  his  death.     I  demand  an  immediate  delivery  of  said  body  to  , 

who  will  serve  his  demand  upon  you. 

Dated  ,  19-.  ^^^'^^^  signature.] 

No.  1274.    Oath  to  Coroner's  Jury. 

You  and  each  of  you  do  solemnly  swear  that  you  will  truly  inquire 
into  the  cause  of  the  death  of  the  person  whose  body  is  now  lying  here 
[or,  whose  body  you  have  just  viewed],  who  he  was,  when,  where,  and 
by  what  means  he  came  to  his  death,  and  into  the  circumstances  attend- 
ing his  death,  and  render  a  true  verdict  thereon,  according  to  the  evi- 
dence afforded  you,  or  arising  from  the  inspection  of  the  body.  So 
help  you  God. 

NOTE.— See  Cal.  Pen.  Code,  sec.  1511. 
Form  Book — 30 


Forms  1275-1277       Cowdery's  Form  Book.  46G 

No.  1275.     Oath  of  Witness  Before  Coroner's  Inquest. 

You  do  solemnly  swear  [or,  affirm]  that  the  evidence  you  shall  give 
upon  the  inquest  now  pending,  concerning  the  death  of  A.  B.  [or  the 
person  now  lying  here,  or,  the  person  upon  whom  inquisition  is  being 
made],  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 
So  help  you  God. 

NOTE.— California,  Code  Civ.  Proc,  sec.  2094;  Utah,  Comp.  Laws  1907, 
sec.  1228. 

No.  1276.    Coroner's  Summons  of  Juror. 

State  of , 

County  of  ,  ss. 

The  People  of  the  State  of  Send  Greeting  to . 

We  command  you  that,  all  business  and  excuses  being  laid  aside, 
you  be  and  appear  before  the  undersigned,  coroner  of  the  county  of 

,  state  of ,  at  number street,  on  the day  of , 

19 — ,  at  o'clock  A.  M.,  then  and  there  to  serve  as  a  juror  in  a 

certain  inquisition  now  pending  before  said  coroner;   and  herein  fail 
not,  or  answer  the  contrary  at  your  peril. 

Given  under  my  hand  [etc.]. 


[OflQcial  signature.] 


NOTE.— See  Cal.  Pen.  Code,  sec.  1510. 


No.  1277.    Inquisition  by  Coroner's  Jury. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

Before  J.  G.,  Coroner. 
In  the  Matter  of  the  Inquisition  upon  the  Body  of  A.  B.,  Deceased. 

We,  the  undersigned,  the  jurors  summoned  to  appear  before  J.  G., 
the  coroner  of  the  city  and  county  of  San  Francisco,  at  [state  place], 
on  the  first  day  of  May,  1917,  to  inquire  into  the  cause  of  the  death 
of  A.  B.  [or,  of  a  person  found  drowned  in  the  bay  of  San  Francisco; 
or,  found  lying  dead  in  the  street;  or,  as  the  case  may  be,  whose  name 
is  unknown],  having  been  duly  sworn  according  to  law,  and  having  made 
such  inquisition,  after  inspecting  the  body,  and  hearing  the  testimony 
adduced,  upon  our  oaths,  each  and  all  do  say,  that  we  find  the  deceased 
was  named  A.  B.,  was  a  native  of  Ireland,  aged  about  forty  years ;  that 
he  came  to  his  death  on  the  first  day  of  May,  1917,  in  this  county,  by 
drowning,  having  been  found  in  the  bay  of  San  Francisco,  at  or  near 
the  Washington  street  wharf,  and  whether  the  same  was  accidental 
or  intentional  we  have  no  means  of  knowing  [or,  by  poison  admin- 
istered willfully  by  his  own  hand;  or,  by  the  hand  of,  or  by  the  means 
or  instigation,  of  some  other  person,  to  the  jury  unknown;  or,  and  we 
further  find,  that  we  believe  C.  D.  to  be  the  person  by  whose  act  the 


467  Coroners.  Forms  1278, 1279 

death  of  the  said  A.  B.  is  occasioned — stating  the  facts,  as  the  case 
may  be]. 

All  of  which  we  duly  certify  by  this  inquisition,  in  writing,  by  us 
signed,  this  second  day  of  May,  1917. 

[Signatures.] 

NOTE. — The  rerdict  of  coroner's  jury  must  be  signed  by  each  and  ©very 
juror:  See  Cal.  Pen.  Code,  sec.  1514. 

No.  1278.    Coroner's  Subpoena  for  Experts. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

The  People  of  the  State  of  California  Send  Greeting  to  R.  S.  and  J.  R. 

We  command  you,  that,  all  and  singular  business  and  excuses  being 
laid  aside,  you  be  and  appear  before  the  undersigned,  coroner  of  the 
city  and  county  of  San  Francisco,  state  of  California,  at  Hall  of  Jus- 
tice, on  the  thirty-first  day  of  December,  1917,  at  ten  o'clock  A.  M., 
then  and  there  to  inspect  the  body  of  a  person  [state  name  if  known] 
upon  whose  body  an  inquest  is  being  held,  and  to  give  a  professional 
opinion  as  to  the  cause  of  the  death  of  said  person. 

[Or]  "Then  and  there  to  make  an  analysis  of  the  contents  of  the 
stomach  of  the  body  of  said  deceased,  and  give  a  professional  opinion 
as  to  the  cause  of  the  death  of  said  person." 

[Or]  To  make  an  analysis  of  the  tissues  of  the  body  of  said  deceased. 

And  herein  fail  not  or  answer  the  contrary  at  your  peril. 

Given  under  my  hand  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Pol.  Code,  sec.  4143;   Pen.  Code,  sec.  1512. 

No.  1279.    Coroner's  Warrant  of  Arrest. 

State  of ■—, 

Countv  of  ,  ss. 


The  People  of  the  State  of  California  to  Any  Sheriff,  Constable,  Mar- 
shal, or  Policeman  in  this  State. 
An  inquisition  having  been  this  day  found  by  a  coroner's  jury  before 

me,  stating  that  has  come  to  his  death  by  the  act  of  ,  by 

criminal  means:  You  are  therefore  commanded  forthwith  to  arrest  the 

above-named  and  take  him  before  the  nearest  or  most  accessible 

magistrate  in  this  county. 

Given  under  my  hand  this  day  of  ,  19 — . 

[Official  signature.] 

NOTE.— California,   Pen.    Code,   sec.   1518;   Idaho,   Rev.    Codes   1907,   sec. 
8385;   Montana,  Rev.  Codes   1907,  sec.  9674;   Washington,  Rem,   Code,  sec. 

4022. 


Forms  1280, 1281       Cowdery's  Form  Book.  468 

No.  1280.    Coroner's  Certificate  as  to  Value  of  Physician's  Services. 

State  of , 

County  of ,  ss. 

I  hereby  certify  that  on  the day  of ,  19 — ,  I,  as  coroner  of 

the  county  of  ,  state  of  ,  held  an  inquest  upon  the  body  of 

;  that  I  caused  ,  a  physician  by  profession  residing  in  said 

county,  at  number street,  to  be  subpoenaed  as  a  witness  to  inspect 

the  body  of  said  deceased,  and  to  give  his  professional  opinion  as  to  the 

cause  of  the  death  of  said  ;  that  he  appeared  at  said  inquest  and 

inspected  said  body,  and  gave  his  professional  opinion  as  to  the  cause 

of  the  death  of  said ;  that  he  was  detained  by  me  at  said  inquest 

during  six  hours;  and  that  I  consider  his  services  were  of  the  value  of 

dollars,  ($— — ). 

[Official  signature.] 

NOTE.— See  Cal.  Pol.  Code,  sec.  4143;  Cal.  Pen.  Code,  sec.  1512. 

No.  1281.    Return  or  Verdict  of  Coroner's  Jury, 

State  of , 

County  of ,  ss. 

An  inquisition  was  held  at  in  county,  state  aforesaid,  on 

the day  of ,  191 — ,  before ,  coroner  of  such  county,  upon 

the  body  of  ,  there  lying  dead,  by  the  jurors  whose  names  are 

hereto  subscribed.     The  said  jurors,  upon  their  oaths,  do  say  . 

In  testimony  whereof  said  jurors  liave  hereunto  set  their  hands  the 
day  and  year  aforesaid. 

Attest, ,  Coroner.  [Signatures.] 

NOTE. — In  Hawaii,  Kansas,  Nebraska,  North  Dakota,  Oklahoma,  and  South 
Dakota,  the  verdict  or  return  must  be  attested  by  the  coroner.  In  New 
Mexico,  he  signs  the  verdict.  In  North  Dakota,  the  verdict  is  called  a 
"return"  by  the  jurj. 


469  Corporations. 


CORPORATIONS. 

1292.  Articles  of  Incorporation. 

1293.  Articles  of  incorporation  of  railroad  company, 

1294.  Articles  of  incorporation  of  church. 

1295.  Corporations — Organization  minutes. 

1296.  Kesolution  to  change  principal  place  of  business. 

1297.  Consent  of  stockholders  to  change  principal  place  of  business. 

1298.  Notice  of  change  of  place  of  business. 

1299.  Final  resolution  of  board  of  directors  changing  place  of  business. 

1300.  Application  for  change  of  name. 

1301.  Application  for  change  of  name — Another  form. 

1302.  Change  of  name — Order  to  show  cause,  and  for  publication  thereof. 

1303.  Objections  to  change  of  name  of  corporation. 

1304.  Order  changing  name. 

1305.  Notice  of  annual  meeting. 

1306.  Notice  of  annual  meeting. 

1307.  Notice  of  directors'  regular  meeting. 

1308.  Notice  of  directors'  special  meeting. 

1309.  Proxy  to  vote  at  annual  election. 

1310.  Proxy — Accompanied  by  ballot. 

1311.  Subscription     agreement    of     corporation    to    be     formed — Several 

counterparts. 

1312.  Subscription  to  take  stock  in  corporation  to  be  formed. 

1313.  Assessment  notice. 

1314.  Resolution  rescinding  assessment. 

1315.  Notice  of  delinquent  sale. 

1316.  Resolution  waiving  further  proceeding  and  sale  under  assessments. 

1317.  Proxy  to  vote. 

1318.  Protest  of  a  director  of  a  corporation  against  dividend  to  be  spread 

on  the  minutes. 

1319.  Annual  afiftdavit  by  corporation. 

1320.  Grant  of  franchise  by  state  to  be  a  corporation — Oklahoma. 

1321.  Resolution  extending  time  of  delinquent  sale. 

1322.  By-laws  of  corporation. 

1323.  Resolution  of  religious,  educational  or  benevolent  society  to  become 

incorporate — Montana. 

1324.  Affidavit  of  chairman  as  to  incorporation  of  society,  church  or  con- 

gregation— Colorado. 

1325.  Certificate  of  agreement  of  association — Washington. 

1326.  Certificate  of  legal  organization — Washington. 

1327.  Certificate  as  to  amendment  of  articles — Washington. 

1328.  Articles  of  incorporation  of  church. 

1329.  Complaint  by  corporation. 

1330.  Complaint  against  corporation. 

1331.  Summons  to  corporation  (criminal  case). 

1332.  Petition  for  dissolution  of  corporation. 

1333.  Objections  to  application  for  dissolution. 

1334.  Certificate  of  secretary  on  application  for  dissolution. 

1335.  Decree  of  dissolution. 

1336.  Order  fixing  time  and  place  of  hearing,  and  for  publication  of  notice 

of  application  for  dissolution. 

1337.  Notice  of  application  to  disincorporate. 

1338.  Notice  of  annual  meeting  of  railroad  company. 
1?39.  Notice  of  stockholders'  meeting  to  increase  capital. 

1340.  Notice  of  special  meeting  of  stockholders  to  create  bonded  Indebt- 
edness. 


Form  1292  Cowdeby's  Form  Book.  470 

1341.  Affidavit  of  chairman  as  to  incorporation  of  joint  stock  company 

or  association — Colorado. 

1342.  Affidavit  constituting  articles  of  incorporation  of  cliurcli  or  society- 

Utah. 
3343.     Complaint  of  corporation  for  subscription. 
1344.    Answer  denying  subscription  for  stock. 

CROSS-REFEEENCES. 

Cori  orations— Power  of  Attorney  to  Transfer  Stock,  No.  2987. 

No.  1292.    Articles  of  Incorporation. 

Articles  of  Incorporation  of  the  B.  M.  E.  M.  Company. 

Know  all  Men  by  These  Presents:  That  we,  the  undersigned,  have 
this  day  voluntarily  associated  ourselves  together  for  the  purpose  of 
forming  a  corporation  under  the  laws  of  the  state  of  California. 

And  we  hereby  certify: 

First.  That  the  name  of  said  corporation  is  the  B.  M.  E.  M.  Com- 
pany. 

Second.  That  the  purposes  for  which  it  is  formed  are  to  carry  on 
the  business  of  mining  for  gold  in  the  county  of  Sierra,  state  of  Cali- 
fornia. 

Third.  That  the  place  where  its  principal  business  is  to  be  transacted 
shall  be  the  town  of  Downieville,  county  of  Sierra. 

Fourth.  That  the  term  for  which  it  is  to  exist  is  fifty  years  from 
and  after  the  date  of  its  incorporation. 

Fifth.  That  the  number  of  its  directors  shall  be  five,  and  that  the 
names  and  residences  of  those  who  are  appointed  for  the  first  year  are : 

Names.  Residences. 

S.  B.  D.  [and  four  others].  Downieville,  Sierra  County. 

Sixth.  That  the  amount  of  the  capital  stock  of  this  corporation  shall 
be  five  million  (5,000,000)  dollars,  divided  into  fifty  thousand  (50,000) 
shares,  of  the  par  value  of  one  hundred  (100)  dollars  each. 

Seventh.  That  the  amount  of  said  capital  stock  which  has  been 
actually  subscribed  is  five  million  (5,000,000)  dollars,  and  the  follow- 
ing are  the  names  of  the  persons  by  whom  the  same  has  been  subscribed, 
to  wit: 

Names  of  Subscribers.  No.  of  Shares.  Amount. 

S.  B.  D.  [and  four  others].  10,000.  $1,000,000 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  this 
twentieth  day  of  May,  one  thousand  nine  hundred  and  seventeen. 

S.  B.  D.  [and  four  others]. 
State  of  California, 
County  of  Sierra, — ss. 

On  this  twentieth  day  of  May,  in  the  year  one  thousand  nine  hundred 
and  seventeen,  before  me,  H.  B.,  a  notary  public  in  and  for  said  county, 
residing   therein,    duly   commissioned    and   sworn,    personally   appeared 


471  Corporations.  Form  1293 

S.  B.  D.  [and  four  others],  personally  known  to  me  to  be  the  persons 
whose  names  are  subscribed  to  the  within  instrument,  and  they  each 
duly  acknowledged  to  me  that  they  executed  the  same. 

[SigTiature.] 
NOTE. — The  term  shall  not  exceed  fifty  years.  The  number  of  directors 
or  trustees  shall  not  be  less  than  three.  The  articles  of  incorporation  must 
be  properly  acknowledged  and  filed  with  the  county  clerk,  and  a  copy 
thereof,  certified  by  the  county  clerk,  with  the  secretary  of  state.  In 
certain  cases,  there  must  also  be  filed  an  affidavit  that  the  required  amount 
of  capital  stock  has  been  actually  subscribed,  and  that  ten  per  cent  thereof 
has  been  actually  paid  to  a  treasurer  for  the  benefit  of  the  corporation. 
The  articles  must  be  subscribed  by  three  or  more  persons,  a  majority  of 
whom  must  be  residents  of  this  state,  and  properly  acknowledged  by  each: 
See  Cal.  Civ.  Code,  sees.  290,  292,  296. 

No.  1293.    Articles  of  Incorporation  of  Railroad  Company. 

Know  All  Men  by  These  Presents;  That  we,  the  undersigned,  have 
this  day  associated  ourselves  together  for  the  purpose  of  incorporating 
under  the  laws  of  the  state  of  California,  a  corporation,  to  be  known 
by  the  corporate  name  of  S.  R.  B.  of  the  N.  P.  C.  R.  Company. 

And  we  hereby  certify,  that  the  objects  for  M^hich  this  corporation  is 
formed,  are  to  constnict,  conduct,  maintain,  and  own  a  narrow-gauge 
railroad  (and  telegraph  line  in  connection  therewith),  from  the  city  of 
Santa  Rosa,  in  the  county  of  Sonoma,  and  state  of  California,  to  a  point 
at  or  near  a  place  called  Freestone,  in  said  county  and  state,  and  dis- 
tant from  the  said  city  of  Santa  Rosa  about  twelve  miles,  which  is  the 
estimated  length  of  said  railroad  and  telegraph  line;  and  at  or  near 
said  place  called  Freestone,  to  connect  with  the  N.  P.  C.  R. 

That  its  principal  place  of  business  shall  be  the  city  of  San  Francisco, 
in  said  state  of  California. 

That  the  time  of  its  existence  shall  be  fifty  years  from  and  after  the 
date  of  its  incorporation. 

That  the  number  of  directors  shall  be  five,  and  that  the  names  of  those 
wiio  shall  be  directors,  and  are  appointed  to  manage  its  affairs  for  the 
first  year,  are: 

Name.  Residence. 

J.  F.  K.  [and  the  others].  San  Francisco,  Cal. 

That  the  capital  stock  of  this  corporation  shall  be  two  hundred  and 
fifty  thousand  dollars,  divided  into  twenty-five  hundred  shares,  of  the 
par  value  of  one  hundred  dollars  each,  all  in  gold  coin  of  the  United 
States. 

That  the  amount  of  capital  stock  actually  subscribed  is  the  sum  of 
thirteen  thousand  and  five  hundred  dollars,  and  that  the  same  has  been 
subscribed  by  the  following  persons: 

Names.  No.  of  Shares.  Amount. 

J.  F.  K.  [and  the  others].  25  $2500 

And  that  at  least  ten  per  cent  thereof  has  been  paid  in  to  the  treasurer 

of  this  intended  corporation,  duly  elected  by  the  said  subscribers. 

In  witness  whereof  [etc.]. 

[Signatures.] 


Form  1294  Cowdeby's  Form  Book.  472 

No.  1294.    Articles  of  Incorporation  of  Clmrcli. 

Know  All  Men:  That  we,  the  undersigned,  have  this  day  voluntarily 
associated  ourselves  together  for  the  purpose  of  incorporating  under  the 
laws  of  the  state  of  California,  and  in  pursuance  of  the  purposes  for 
which  we  have  been  elected,  as  hereinafter  set  fortli,  a  religious  corpo- 
ration to  be  knov/n  as  St.  S.  E.  M. 

And  we  certify,  that  the  objects  for  which  this  corporation  is  formed 
are:  To  establish  a  mission  church  in  the  city  and  county  of  San  Fran- 
cisco, and  in  connection  tlierewith  suitable  and  customary  organizations, 
for  the  purpose  of  public  worship  and  religious  training,  according  to 
the  rules  and  discipline  of  the  Episcopal  Church  of  the  United  States 
of  America,  under  the  supervision  of  the  Bishop  of  the  Diocese  of  Cali- 
fornia, to  take  charge  of  the  church  building,  estate,  and  property,  and 
the  affairs  of  the  temporalities  thereof; 

That  the  principal  place  of  business  of  this  corporation  shall  be  in 
the  city  and  county  of  San  Francisco,  state  of  California; 

That  the  term  of  the  incorporation  shall  be  fifty  years; 

That  the  number  of  trustees  who  shall  have  the  management  of  its 
affairs  as  aforesaid  shall  be,  and  the  names  of  the  trustees  elected  for 
the  first  year  are: 

Names.  Residence. 

S.  L.  J.    [and  others].  San  Francisco,   Cal. 

That  the  said  trustees  were  duly  elected  at  a  meeting  of  the  members 
of  said  mission,  duly  convened  and  held  at  the  northeast  corner  of  Ful- 
ton and  Webster  streets,  for  the  pui-pose,  among  other  things,  of  elect- 
ing trustees  to  take  charge  and  management  of  its  property,  temporali- 
ties, and  affairs,  and  to  form  this  incorporation.  That  a  majoritj^  of 
said  members  were  then  and  there  present,  and  voted,  at  such  election, 
for  the  above-named  trustees,  as  is  more  particularly  set  forth  in  the 
certifieate  and  verification  by  the  officers  who  conducted  the  election, 
hereto  annexed  and  made  part  of  these  articles. 

This  is  to  certify,  that  at  a  meeting  of  the  members  of  St.  S.  E.  M., 
duly  convened  for  the  purpose  hereinafter  set  forth,  held  at  the  north- 
east corner  of  Fulton  and  Webster  streets,  on  Monday,  the  tenth  day  of 
April,  A.  D.  1917,  a  majority  of  said  members  being  then  and  tliere 
present,  who  voted  at  said  election. 

The  Rev.  E.  J.  L.  was  requested  to  preside,  and  J.  S.  M.  to  act  as 
secretary,  with  which  requests  they  respectively  complied. 

The  meeting  then  proceeded  to  the  election  of  five  trustees,  to  take 
charge  and  management  of  the  property,  temporalities,  and  affairs  of  the 
St.  S.  E.  M.,  and  to  form  an  incorporation  under  the  laws  of  the  state 
of  California,  in  furtherance  of  the  object  for  which  the  mission  is 
founded. 

The  following  trustees  were  then  duly  elected,  viz.: 
S.  L.  J.  [and  others], 
all  residents  of  the  city  and  county  of  San  Francisco,  state  of  California. 

E.  J.  L.,  President. 
J.  S.  M.,  Secretary. 


473  Corporations.  Form  1295 

Uo.  1295.     Corporations — Organization  Minutes. 

Organization  of  "llealy-Gale  Company." 
Meeting  of  the  persons  named  as  directors  in  the  articles  of  incorpo- 
ration of  the  "Healy-Gale  Company." 

Pursuant  to  notice  duly  given,  a  meeting  of  the  persons  named  as 
directors  in  the  articles  of  incorporation  of  the  "Healy-Gale  Company" 

was  held  this day  of  May,  1906,  at o'clock M.,  at  Suite  7, 

St.  Mungo  Building,  San  Francisco,  California. 
At  this  meeting,  all  of  the  persons  so  named  were  present,  viz.: 
E.  A.  O'Brien. 
J.  L.  Bertrano. 
K.  G.  Cooney. 

Mr.  O'Brien  was  called  to  the  chair  and  Mr.  Bertrane  was  requested 
to  act  as  temporary  secretary. 

Mr.  O'Brien,  in  the  chair,  announced  that  the  certificate  of  incorpo- 
ration of  the  company  having  been  duly  issued  from  the  office  of  the 
secretary  of  state  of  the  state  of  California,  the  object  of  the  meeting  . 
was  to  organize  the  company  by  the  election  of  officers  to  act  until  the 
adoption  of  the  code  of  by-laws  by  the  stockholders,  and  the  election 
of  directors  thereunder,  as  required  by  law. 

K.  G.  Cooney  nominated  Mr.  O'Brien  for  president.  No  other  nomi- 
nations being  made,  on  motion  of  K.  G.  Cooney,  seconded  by  Mr.  Ber- 
trane, the  ballot  was  dispensed  with,  and  Mr.  O'Brien  was  unanimously 
declared  duly  elected  president  of  the  company. 

K.  G.  Cooney  then  nominated  Mr.  Bertrane  for  secretary.  No  other 
nominations  being  made,  on  motion,  duly  seconded,  the  ballot  was  dis- 
pensed with,  and  Mr.  Bertrane  was  unanimously  duly  elected  secretary 
of  the  company. 

The  president  then  suggested  that  as  the  stockholders  or  subscribers 
for  stock  were  present,  further  proceedings  for  the  meeting  be  sus- 
pended and  a  stockholders'  meeting  be  called  and  held  forthwith. 

On  motion,  duly  seconded,  it  was  unanimously 

Resolved:  That  a  meeting  of  the  stockholders  of  the  company  be  and 

is  hereby  called  to  be  held  this day  of  May,  A.  D.  1906,  at  the  hour 

of o'clock M.,  at  Suite  7,  St.  Mungo  Building,  San  Francisco, 

California. 

On  motion,  duly  seconded,  the  meeting  adjourned. 

Approved,  . 

,  Secretary. 

We,  the  undersigned,  the  stockholders  and  subscribers  for  stock  of 
the  "Healy-Gale  Company,"  being  the  owners  and  holders  of  all  the  sub- 
scribed capital  stock  of  said  company,  viz.: 

E.  A.  O'Brien, 

J.  L.  Bertrane, 

K.  G.  Cooney, 


Form  1295  Cowdery's  Form  Book.  47-i 

do  hereby  give  our  written  consent  to  the  holding  of  this,  the  first  stock- 
holders' meeting  of  the  "Healy-Gale  Company,"  this  day  of  May, 

A.  D.  1906,  at  the  hour  of  o'clock  M.  at  Suite  7,  St.  Mungo 

Building,  San  Francisco,  California,  and  we  do  hereby  certify  that  all 
the  stockholders  and  subscribers  for  stock  of  said  company  are  at  this 
meeting  now  here  present. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  this  

day  of  May,  A.  D.  1906. 


Minutes  of  the  First  Stockholders'  Meeting  of  the  "Healy-Gale 

Company." 
Pursuant  to  a  call  and  notice  duly  given,  and  the  above  written  con- 
sent, this,  the  first  meeting  of  the  stockholders  of  the  "Healy-Gale  Com- 
pany," was  held  on  this  day  of  May,  A.  D.  1906,  at  o'clock 

M.,  at  Suite  7,  St.  Mungo  Building,  San  Francisco,  California. 

Present :  All  the  subscribed  and  all  the  issued  shares,  owned,  held  and 
represented  as  follows,  viz.: 

E.  A.  O'Brien,  shares. 

J.  L.  Bertrane,  ** 

K  G.  Cooney,  " 

being  all  the  shares  of  the  subscribed  capital  stock  of  the  company. 
Mr.  O'Brien,  president,  in  the  chair. 

The  secretary  read  the  minutes  of  the  meeting  of  the  persons  named 
as  directors  in  the  articles  of  incorporation,  which,  on  motion  duly 
seconded,  were  approved. 

The  president  announced  that  the  first  business  of  the  meeting  was 
the  adoption  of  the  code  of  by-laws  for  the  government  of  the  company 
and  its  officers. 

Mr.  Bertrane  presented  a  code  of  by-laws,  which  were  read,  and  on 
motion  of  K.  G.  Cooney,  seconded  by  Mr.  O'Brien,  they  were  adopted 
as  the  by-laws  of  the  company,  and  ordered  to  be  engrossed  in  the  com- 
pany's book  of  by-laws. 

The  president  then  announced  that  the  next  business  before  the  meet- 
ing was  the  election,  by  ballot,  of  directors  to  serve  for  the  ensuing 
year  and  until  their  successors  are  elected  and  qualified. 

The  election  of  directors  was  then  had  by  ballot:  the  secretary  re- 
ceived the  ballots  from  the  stockholders.     On  inspection  of  the  ballots 

cast,  it  was  found  that  shares,  the  unanimous  vote  of  the  entire 

subscribed  capital  stock,  had  been  cast  for 
E.  A.  O'Brien, 
J.  L.  Bertrane, 
K.  G.  Cooney, 
as  directors  for  the  ensuing  year,  and  until  their  successors  are  elected 
and  qualified,  whereupon  the  president  announced  that  the  said  named 
gentlemen  were  duly  elected  directors  of  the  "Healy-Gale  Company." 


475  Corporations.  Form  1295 

Tlicre  being  no  further  business  before  the  stockholders,  on  motion, 
the  meeting  adjourned. 

,  Secretary. 

Approved,  , 

Minutes  of  Directors'  Meeting  of  Healy-Gale  Company. 

Mr.  O'Brien  was  called  to  the  chair,  and  Mr.  Bertrane  requested  to 
act  as  secretary. 

On  motion  of  K.  G.  Cooney,  seconded  by  Mr.  Bertrane,  Mr.  O'Brien 
was  unanimously  elected  president  of  the  "Healy-Gale  Co." 

Mr.  O'Brien  then  took  his  seat  as  president  of  the  company  and  of 
the  board  of  directors,  and  directed  the  secretary  to  report  the  proceed- 
ings of  the  board. 

The  secretary  was  then  directed  to  read  to  the  board  the  code  of 
by-laws  adopted  by  the  stockholders  at  their  first  meeting,  held  this 
day  of  May,  1906. 

The  secretary  then  read  the  by-laws  as  the  same  are  engrossed  on 
pages  1  to  of  the  company's  book  of  by-laws. 

Thereupon  on  motion  of  Mr.  Bertrane,  seconded  by  K.  G.  Cooney,  it 
was  uiianimously 

Resolved:  That  the  code  of  by-laws  adopted  by  the  stockholders  at 

their  first  meeting  held  on  the day  of  May,  1906,  and  engrossed  in 

full  on  pages  1  to of  the  book  of  by-laws  of  this  company,  be  and 

hereby  are  approved  and  adopted  as  the  by-laws  of  the  company,  and 
be  it  further 

Resolved:  That  each  member  of  the  board  of  directors  and  the  secre- 
tary of  the  company  be  and  hereby  are  requested  to  subscribe  their 
names  to  the  said  by-laws,  and  certify  the  same  in  that  certain  book, 
to  be  kept  in  the  office  of  the  company,  and  known  as  and  called  the 
book  of  by-laws  of  the  "Healy-Gale  Company." 

On  motion,  duly  seconded,  it  was  unanimously 

Resolved :  That  the  office  of  the  company  be  and  it  is  hereby  fixed 
and  located  at  Suite  7,  St.  Mungo  Building,  in  the  city  and  county  of 
San  Francisco,  California. 

On  motion  duly  seconded,  it  was, 

Resolved:  That  the  secretary  be,  and  he  is  hereby  authorized  and 
directed  to  procure  a  book  of  blank  stock  certificates  for  the  use  of  the 
company,  and  also  a  seal  with  the  following  impress :  "Healy-Gale  Com- 
pany, Incorporated  May ,  1906,"  or  other  words  and  figures  of  simi- 
lar import. 

Thereupon  the  meeting  adjourned. 

,  Secretary. 


Forms  1296-1298       Cowdery's  Form  Book.  476 

No.  1296.    Resolution  to  Change  Principal  Place  of  Business. 

Whereas,  it  appears  to  be  for  the  best  interests  of  this  corporation 
that  its  principal  place  of  business  be  changed  from  the  city  and  county 
of  San  Francisco,  to  Giant  Station,  California,  where  its  works  are 
situated;  and. 

Whereas,  the  consent  in  writing  to  make  said  change  of  the  owners 
and  holders  of  more  than  two-thirds  of  its  capital  stock  has  been 
obtained  and  filed  in  the  office  of  this  corporation: 

It  is  therefore,  resolved:  That  the  principal  place  of  business  of  this 
corporation  be  changed  from  the  city  and  county  of  San  Francisco,  to 
Giant  Station,  Contra  Costa  county,  California,  and  that  the  president 
and  secretary  give  notice  by  publication  of  said  change,  in  the  manner 
and  form  as  is  by  law  required. 

No.  1297.  Consent  of  Stockholders  to  Change  Principal  Place  of  Busi- 
ness. 
Whereas,  the  board  of  directors  of  the  G.  P.  Company,  Consolidated, 
a  corporation  organized  and  doing  business  under  the  la^vs  of  the  state 
of  California,  have  adopted  a  resolution  to  change  its  principal  place 
of  business  from  the  city  and  county  of  San  Francisco  to  Giant  Station, 
in  the  county  of  Contra  Costa,  in  said  state,  therefore,  we,  the  under- 
signed holders  of  more  than  two-thirds  of  the  capital  stock  of  said 
corporation,  hereby  consent  to  said  change. 

Witness  each  of  our  names  signed  to  this  consent,  with  the  amount 
of  the  capital  stock  of  said  corporation  held  by  each  of  us,  signing 
as  aforesaid. 

Shareholders.  No.  of  Shares. 

A.  B.  125 

No.  1298.    Notice  of  Change  of  Place  of  Business. 

Notice  is  hereby  given  that  at  a  meeting  of  the  board  of  directors  of 
the  G.  P.  Company,  Consolidated,  a  California  corporation,  hold  on 
the  thirtieth  day  of  January,  1917,  said  board  of  directors  passed  a 
resolution  that  the  principal  place  of  business  of  the  said  The  G.  P. 
Company,  Consolidated,  be  changed  from  the  city  and  county  of  San 
Francisco,  state  of  California,  to  Giant  Station,  in  the  county  of  Contra 
Costa,  state  of  California;  and  further  notice  is  given  that  the  owners 
and  holders  of  more  than  two-thirds  of  the  capital  stock  of  the  said 
corporation,  to  wit,  over  fifteen  thousand  shares,  have  consented  in 
writing  to  said  change;  and  notice  is  further  given  that  it  is  the  inten- 
tion of  the  said  G.  P.  Company,  Consolidated,  to  change  its  prin- 
cipal place  of  business  from  said  city  and  county  of  San  Francisco, 
to  said  Giant  Station,  in  the  county  of  Contra  Costa,  state  of  California. 

Dated  January  30,  1917. 

A.  B.,  Secretary  of  G.  P.  Company. 


477  Corporations.  Forms  1299,  1300 

No.  1299.  Final  Resolution  of  Board  of  Directors  Changing  Place  of 
Business. 
Whereas,  on  January  30,  1917,  more  than  two-thirds  of  the  owners 
and  holders  of  the  capital  stock  of  this,  the  G.  P.  Company,  Consoli- 
dated, to  wit,  over  15,000  shares,  consented  in  writing  to  cliange  its 
principal  place  of  business  from  the  city  and  county  of  San  Francisco, 
state  of  California,  to  Giant  Station,  in  the  county  of  Contra  Costa, 
California;  and  whereas,  the  said  consent  was  filed  in  the  office  of  the 
said  corporation  on  January  30,  1917;  and  whereas,  on  January  30, 
1917,  the  board  of  directors  at  a  meeting  thereof  unanimously  adopted 
a  resolution  changing  the  said  corporation's  principal  place  of  business 
to  said  Giant  Station,  and  ordered  notice  of  said  change  to  be  pub- 
lished as  is  by  law  required;  and  whereas,  such  notice  was  published 
once  a  week  for  three  successive  weeks  in  the  "Recorder,"  a  daily  paper 
printed  and  published  in  said  city  and  county,  commencing  January 
30,  1917,  and  ending  February  22,  1917,  and  whereas  a  copy  of  the 
resolution  of  the  board  of  directors  authorizing  said  change,  together 
with  a  copy  of  the  publication  of  notice  of  said  change,  and  a  copy  of 
the  affidavit  of  publication  of  said  notice,  all  duly  certified  by  the  presi- 
dent and  secretary  of  said  the  G.  P.  Company,  Consolidated,  has  been 
filed  in  the  office  of  the  county  clerk  of  the  said  city  and  coixnty  and 
5n  the  office  of  the  secretary  of  state  of  said  state,  and  in  the  office 
of  the  county  clerk  of  the  county  of  Contra  Costa:  Therefore,  resolved, 
that  the  principal  place  of  business  of  the  said  the  G.  P.  Company, 
Consolidated,  from  and  after  the  adjournment  of  this  meeting,  is  at 
said  Giant  Station,  Contra  Costa  county;  and,  resolved,  that  this  board 
now  adjourn  to  meet  on  February  27,  1917,  at  its  office  at  said  Giant 
Station,  at  9  o'clock  A.  M. 

No.  1300.    Application  for  Change  of  Name. 

[Title  of  Court  and  Cause.] 

To  the  Superior  Court  of  the  City  and  County  of  San  Francisco,  State 
of  California: 
The  petition  of  the  P.  P.  Company,  a  corporation,  shows  that  it  was 
formed  and  incorporated  under  the  laws  of  the  state  of  California  on 
the  third  day  of  June,  1911.  Its  present  name  is  the  P.  P.  Company. 
It  proposes  to  change  its  name  to  the  P.  M.  and  C.  C.  Company.  The 
reason  for  such  change  is  as  follows :  This  corporation  was  organized 
by  farmers  who  shipped  their  crops  to  merchants  engaged  in  selling 
farm  produce  to  retailers  for  daily  consumption,  and  for  the  mutual 
benefit  of  both  producers  and  consumers.  The  present  name  seems  to 
limit  the  object  of  the  corporation  to  the  protection  of  the  interests 
of  the  producers,  and  has  been  the  cause  of  unfavorable  comment, 
notwithstanding  the  fact  that  one-tliird  of  its  capital  stock  is  owned 
by  consumers. 


Forms  1301-1303       Cowdery's  Form  Book.  478 

Wherefore,  petitioner  prays  that  its  name  be  changed  from  P.  P. 
Company  to  P.  M.  &  C.  C.  Company. 

A.  B.,  Director, 
C.  D.,  Director, 
E.  F.,  Director, 
Constituting:  a  Majority  of  the  Board  of  Directors. 

No.  1301.    Application  for  Change  of  Name— Another  Form. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  Superior  Court  of  said  City  and  County : 

Your  petitioner  represents  that  it  is  a  corporation,  and  was  incor- 
porated under  the  laws  of  the  state  of  California  on  the  twenty-third 
day  of  December,  1912. 

That  its  present  name  is  N.  P.  D.  and  C.  Works,  and  it  desires  to 
change  its  name  to  J.  A.  N.  P.  D.  and  C.  Works. 

That  the  reasons  for  such  change  of  name  are  as  follows:  Several 
other  individuals  and  corporations  are  doing  business  in  San  Fran- 
cisco under  names  very  similar  to,  if  not  identical  with,  the  present 
name  of  this  corporation. 

[Signatures  of  Majority  of  Board  of  Directors.] 

No.  1302.    Change  of  Name— Order  to  Show  Cause,  and  for  Publication 

Thereof. 
[Title  of  Court  and  Cause.] 

Whereas  the  company,  by  ,  has  filed  its  application  with 

the  clerk  of  this  court  to  have  its  name  changed  to  the  ■  company, 

all  persons  interested  in  said  matter  are  directed  to  appear  before  this 

court  on  ,  the  day  of  ,  191—,  at  o'clock  A.  M.  of 

said  day,  and  show  cause,  if  any  they  have,  why  the  application  for 
change  of  name  should  not  be  granted;  and  it  is  hereby  ordered  that  a 

copy  of  this  order  be  published  in  the  ,  a  newspaper  of  general 

cirf ulation  printed  in  said  county,  for successive  weeks  next  pre- 
ceding the  day  of  hearing. 

,  Judge. 

No.  1303.     Objections  to  Change  of  Name  of  Corporation. 
[Title  of  Court  and  Cause.] 

Now  come  A.  B.,  C.  D.,  E.  F.  and  G.  H.,  and  objecting  to  the  pro- 
posed change  of  the  name  of  the  P.  P.  Company  to  the  P.  and  C.  C. 
Company,  and  for  reasons  why  such  name  should  not  be  changed  state 
the  facts  to  be  that :  Said  applicant  corporation  is  engaged  in  the  busi- 
ness of  selling  farm  produce  on  commission.  That  the  board  of  directors 
own  and  control  a  majority  of  all  its  stock.  That  the  corporation  is 
doing  a  profitable  business,  and  its  only  business  is  to  make  all  the 
money  it  can  out  of  producers  without  reference  to  consumers ;  and 
is  a  member  of  a  combination  of  commission  merchants  that  have  sub- 


479  Corporations.  Forms  13(Mr-1306 

scribed  to  a  pledge  not  to  sell  to  consumers.  That  its  only  object  in 
changing  its  name  is  to  prevent  any  other  corporation  from  organizing 
and  adopting  the  name  it  proposes  to  assume.  That  the  undersigned 
objectors  are  consumers  and  not  sellers  of  farm  produce,  and  are  now 
engaged  in  organizing  a  co-operative  corporation  under  the  identical 
name  proposed  by  the  said  change  of  name,  which  said  proposed  change 
of  name  will  stifle. 

Wherefore  objectors  request  the  court  to  deny  said  petition. 

,  Attorney  for  Objectors. 

No.  1304.     Order  Changing  Name. 
[Title  of  Court  and  Cause.] 

It  appearing  to  the  court  that  suflBcient  cause  exists  therefor,  it  is 
ordered  that  the  corporation  described  in  the  application  herein  as 
the  A.  B.  Company  be,  and  the  same  is  by  this  order,  changed  to  the 
C.  D.  Company. 

Dated  . 

,  Judge. 

No.  1305.    Notice  of  Annnal  Meeting. 

The  regular  annual  meeting  of  the  stockholders  of  the  A.  0.  Cona- 
pany  will  be  held  at  the  office  of  the  company,  San  Francisco,  Cali- 
fornia, on  Tuesday,  the  fourteenth  day  of  February,  1917,  at  the  hour 
of  ten  o'clock  A.  M.,  for  the  purpose  of  electing  a  Board  of  Directors 
to  serve  for  the  ensuing  year,  and  the  transaction  of  such  other  business 
as  may  come  before  the  meeting. 

Transfer  books  will  close  on  Thursday,  February  9th,  at  3  o'clock 

P.  M. 

Dated  June  24,  1917. 

J.  K.,  Secretary. 

No.  1306.    Notice  of  Annual  Meeting. 

B.  U.  Gold  and  Silver  Mining  Company. 

Notice  is  hereby  given  that  the  first  annual  meeting  of  the  stock- 
holders of  the  above-named  company  will  be  held  at  the  office  of  the 
company.  No.  702  Washington  street,  in  the  city  of  San  Francisco,  on 
V/edncsday,  the  first  day  of  August,  1917,  at  two  o'clock  P.  M.,  for 
the  election  of  five  directors  for  the  ensuing  year,  and  transaction  of 
such  other  business  as  may  come  before  the  meeting. 

By  order  of  the  president. 

Dated  July  3,  1917. 

J.  K.,  Secretary. 


Fonns  1307-1311      Cowdery's  Form  Book.  480 

No.  1307.    Notice  of  Directors'  Regular  Meeting. 
To  A.  B. 

Please  take  notice  that  tliere  will  be  a  regular  meeting  of  the  board 
of  directors  of  the  C.  D.  E.  Company  at  its  office  at  No.  197  Kohl 
Building-,  San  Francisco,  California,  on  July  7,  1917,  at  9:30  A.  M. 

Dated  July  3,  1917. 

L.  M.,  Secretary. 

No.  1308.    Notice  of  Directors'  Special  Meeting. 

To . 

Please  take  notice  that  there  will  be  a  special  meeting  of  the  board 

of  directors  of  the  company  on ,  the  day  of ,  191 — , 

at  its  office  at ,  at o'clock  A.  M.  for  the  purpose  of . 

By  order  of  the  president. 

,  Secretary. 

No.  1309.    Proxy  to  Vote  at  Annual  Election. 

Be  it  known  that  I,  ,  do  hereby  constitute  and  appoint  my 

true  and  lawful  attorney,  for  me,  and  in  my  name,  place,  and  stead, 
to  vote  as  my  proxy  at  the  annual  meeting  of  the  stockholders  of  the 

company,  the  stock  represented  by  certificates  numbered  to 

,  both  inclusive,  standing  in  my  name,  for  the  election  of  trustees 

and  transaction  of  other  business,  to  be  held  on  the  day  of  , 

191 — ,  and  according  to  the  number  of  votes  to  which  I  would  be  enti- 
tled if  personally  present,  with  full  power  of  substitution  and  revocation. 

Dated ,  191—. 

[Signature.] 

No.  1310.    Proxy — Accompanied  by  Ballot. 

I,  ,  the  holder  of  policy  number  in  the  ,  hereby  vote 

for as  the  representative  of  the  policy-holders  of  the  state  of 

at  the  annual  election  of  said  company,  to  be  held  at ,  on  the  

day  of ,  191 — ,  and  authorize  him,  or  the  person  who  may  be  duly 

elected  as  such  representative  by  the  policy-holders  of  the  state  of , 

to  act  as  my  proxy  at  said  annual  meeting,  and  vote  and  act  for  me  in 
my  name,  as  my  attorney  in  fact,  as  fully  and  in  the  same  mannei 
as  I  might  were  I  personally  present  at  said  annual  election. 

Witness,  . 

[Signature.] 

No.  1311.  Subscription  Agreement  of  Corporation  to  be  Formed — Sev- 
eral Counterparts. 

Whereas,  it  is  proposed  to  organize  under  the  laws  of  the  state  oi 
California  a  corporation  to  be  known  as  Lassen  Lake  Company,  or  by 
such  other  name  as  the  parties  in  interest  may  determine,  and, 

Whereas,  it  is  proposed  that  said  corporation  shall  have  a  capital 
stock  of  fifty  thousand    ($50,000)    dollars,  divided  into  ten  thousand 


481  Corporations.  Form  1312 

(10,000)  shares  of  the  par  value  of  five  ($5)  dollars  each,  and  shall 
transact  the  business  of  owning  and  managing  real  property,  and  own- 
ing and  managing  hotels  and  other  resorts  at  or  near  Lassen  Lake  in 
Lassen  coimty,  California,  or  carry  on  any  otlier  business  which  may 
seem  to  said  corporation  capable  of  being  conveniently  carried  on  in 
connection  with  the  objects,  or  calculated  directly  or  indirectly  to 
enhance  the  value  of  the  corporation's  property  or  rights. 

Now,  therefore,  the  subscribers  hereto,  in  consideration  of  their 
mutual  promises,  do  hereby  severally  agree  to  and  with  each  other 
that  they  will  take  and  pay  for,  and  tliey  do  hereby  severally  subscribe 
to  the  capital  stock  of  said  corporation  to  the  amount  of  the  par  value 
of  such  stock  set  opposite  their  respective  names,  and  do  hereby  waive 
any  requirements  of  the  statutes  of  the  state  of  California  relating 
to  notice  of  assessments  on  the  stock  subscribed.  We  agree  to  make 
payments  for  the  same  to  the  treasurer  of  said  corporation  on  demand 
at  such  time  and  in  such  amount  as  the  directors  of  the  corporation 
may  direct.  We  have  paid  on  account  hereof  the  sum  of  two  ($2) 
dollars  per  share,  it  being  understood  and  agreed  that  all  moneys  paid 
on  account  of  subscription  shall  be  kept  on  deposit  in  trust  for  said 
corporation  with  the  First  National  Bank  of  Oakland,  California,  until 
such  time  as  such  corporation  may  be  entitled  to  issue  the  stock  sub- 
scribed for,  in  which  event  said  money  is  to  be  paid  over  to  said  cor- 
poration and  applied  upon  account  of  our  several  subscriptions.  It  is 
understood  that  this  subscription  agreement  is  composed  of  more  than 
one  part,  all  of  like  tenor  and  effect,  and  that  all  of  the  subscribers 
on  any  of  said  counterparts  are  to  be  deemed  subscribers  to  this  agree- 
ment. 

Dated  at  San  Francisco  the  day  of ,  1917. 

No.  1312.     Subscription  to  Take  Stock  in  Corporation  to  be  Formed. 

We,  the  undersigned,  agree  to  form  a  corporation  under  the  laws  of 

the  state  of ,  for  the  purpose  of  manufacturing .     The  capital 

to  be  dollars   ($ ),  divided  into  shares,  of  the  par  value 

of  dollars   ($ )   each.     As  soon  as  the  corporation  is  formed, 

each   of  us,  the  undersigned,   agi-ees  to  pay  to   the  secretary  of  the 

corporation,  at  his  office  in  ,  without  demand,  ten  per  cent  of  the 

par  value  of  the  stock  subscribed  by  us,  as  set  opposite  our  respective 
names,  and  the  balance  when  called  upon  by  the  board  of  directors 
until  the  amount  subscribed  is  fully  paid. 

Witness  our  hands  this  day  of  ,  191 — , 

Name.  Residence.  Amount. 


A  subscription  to  the  stock  of  a  proposed  corporation  for  the  purpose  of 

forming  it  is  valid;  the  promises  of  the  other  signers  and  the  common  object 

Bought  to  be   accomplished  are  sufficient  consideration  for  the  promise   of 

each  signer:  Marysville  Electric  L.  &  P.  Co.  v.  Johnson,  93  Cal.  538,  27  Am. 

Form  Book — 31 


Forms  1313-1315      Cowdery's  Form  Book.  482 

St.  Rep.  215,  29  Pac.  126.  Such  subscriptions  need  not  specify  the  acta 
necessary  to  be  done  to  incorporate  or  show  where  the  principal  place  of 
business  of  the  corporation  is  to  be.  The  mutual  promise  of  the  subscribers 
is  a  sufficient  consideration  for  the  promise  of  each,  and  is  valid.  Such  an 
agreement  does  not  malce  the  subscriber  a  member  of  the  corporation;  but 
such  membership  is  immaterial  where  there  is  a  promise  to  pay  a  certain 
percentage  of  the  par  value  of  the  etock:  West  v.  Crawford,  80"Cal.  19,  21 
Pac.  1123. 

No.  1313.    Assessment  Notice. 

[Name  of  company  in  full.] 
Location  of  principal  place  of  business,  ,  state  of . 


Notice  is  hereby  given  that  at  a  meeting  of  the  board  of  directors, 

held  on  the  day  of  ,  191 — ,  an  assessment   (number  — )   of 

cents  per  share  was  levied  upon  the  capital  stock  of  the  corpora- 
tion, payable  immediately,  in  United  States  gold  coin,  to  the  secretaryj 
at  the  office  of  the  company, . 

Any  stock  ujDon  which  this  assessment  shall  remain  unpaid  on , 

the  day  of ,  191 — ,  will  be  delinquent,  and  advertised  for  sale 

at  public  auction,  and,  unless  payment  is  made  before,  will  be  sold  on 

,  the  day  of  ,  191 — ,  to  pay  the  delinquent  assessment, 

together  with  costs  of  advertising  and  expenses  of  sale. 

By  order  of  the  board  of  directors. 

,  Secretary. 

Office  at  . 

NOTE.— Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec.  2147;  California,  Civ. 
Code,  sec.  335;  Idaho,  Eev.  Codes  1907,  sec.  2754;  Montana,  Eev.  Codes  1907, 
sec.  3871;  Nevada,  Eev.  Laws  1912,  sec.  1132;  New  Mexico,  Stats.  Ann.  1915, 
see.  908;  North  Dakota,  Comp.  Laws  1913,  sec.  4574;  South  Dakota,  Comp. 
Laws  1913,  sec.  2947;  Utah,  Comp.  Laws  1907,  sec.  359. 

Such  notice  must  have  the  signature  of  the  secretary,  with  the  location 
of  office. 

No.  1314.    Resolution  Rescinding  Assessment. 

Resolved,  that  the  assessment  No.  41  [of  fifteen  cents]  levied  Janu- 
ary 19,  1917,  be,  and  the  same  is  hereby,  rescinded. 

No.  1315.    Notice  of  Delinquent  Sale. 

H.  S.  Company. 
Location  of  principal  place  of  business,  San  Francisco,  California. 

Notice. — There  is  delinquent  upon  the  following  described  stock,  on 
account  of  assessment  (No.  41),  levied  on  the  fourteenth  day  of  Decem- 
ber, 1917,  the  several  amounts  set  opposite  the  names  of  the  respective 
shareholders,   as   follows : 

No.       No. 

Name.  Cert.     Shs.         Amt. 

R.  G.  H 9        10        $100  00 

J.  M.  D 4  5  50  00 

F.  L.  0 5  5  50  00 


483  Corporations.  Forms  1316-1318 

And  in  accordance  with  law,  and  an  order  of  the  Board  of  Directors, 
made  on  the  fourteenth  day  of  December,  1917,  so  many  shares  of  each 
parcel  of  such  stock  as  may  be  necessary  will  be  sold  at  public  auction, 
at  the  office  of  the  company.  No.  617  Market  street,  San  Francisco, 
California,  on  Saturday,  the  fourth  da.v  of  February,  1918,  at  the  time 
of  eleven  o'clock  A.  M.  of  said  day,  to  pay  said  delinquent  assessment 
thereon,  together  with  costs  of  advertising  and  expenses  of  the  sale. 

Office. — Nos.  617,  619  Sansome  street,  San  Francisco,  California. 

A,  B.,  Secretary  H.  S.  Company, 
617  Market  St.,  San  Francisco,  Cal. 

NOTE.— Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sec.  2147;  California,  Civ. 
Code,  sec.  337;  Idaho,  Rev.  Codes  1907,  sec.  2756;  Montana,  Rev.  Codes  1907, 
sec.  3873;  Nevada,  Rev.  Laws  1912,  see.  1134;  New  Mexico,  Stats.  Ann.  1915, 
spc.  910;  North  Dakota,  Comp.  Laws  1913,  see.  4576;  South  Takota,  Comp. 
Laws  1913,  see.  2949;  Utah,  Comp.  Laws  1907,  sec.  361. 

This  notice  must  have  the  name  of  the  secretary,  with  location  of  office. 

No.  1316.  Resolution  Waiving  Further  Proceeding  and  Sale  Under 
Assessments. 
Resolved,  that  all  further  proceedings  for  the  collection  of  the  delin- 
quent or  the  entire  assessment  [describe  it]  [or  the  part  delinquent] 
are  by  this  resolution  waived;  and  this  corporation  hereby  elects  to 
proceed  by  action  to  recover  the  amount  of  said  assessment  delinquent 
and  the  costs  and  expenses  already  incurred. 

NOTE.— California,  Civ,  Code,  sec.  349. 

No.  1317.    Proxy  to  Vote. 

Know  all  men  by  these  presents:  That  I,  A.  B.,  of  San  Francisco, 
do  hereby  constitute  and  appoint  G.  C.  to  be  my  lawful  attorney,  sub- 
stitute and  proxy,  for  me  and  in  my  name,  to  vote  on  all  the  stock 
held  by  me  in  the  T.  M.  Co.,  and  at  any  election  for  directors,  as  fully 
as  I  might  or  could  do,  were  I  personally  present  at  such  election. 

Dated . 

[Signature.] 

No.  1318.     Protest  of  a  Director  of  a  Corporation  Against  Dividend  to 
be  Spread  on  the  Minutes. 

Whereas,  I  opposed  the  motion  made  by  Director  A.  B.  C.  at  tliis 
meeting  to  declare  a  dividend  of  $100  a  share  upon  the  capital  stock 
of  this  corporation ;  and  whereas,  said  motion  was  carried  and  said  divi- 
dend declared  without  my  vote,  now,  be  it  known  that  I  dissent  from 
the  declaration  of  said  dividend  and  demand  that  my  dissent  be  entered 
at  large  on  the  minutes  of  this  meeting. 

Dated , 

[Signature.] 


Form  1319  Cowdery's  Form  Book.  484 

NOTE. — In  California,  if  dividends  are  made  except  from  the  surplus 
profits  of  a  corporation,  or  if  debts  are  created  beyond  the  capital  stock,  or  if 
any  of  the  capital  stock  is  divided  or  paid  to  stockholders,  or  if  the  capital 
stock  is  increased  or  reduced  except  as  by  law  provided,  all  the  directors  at  a 
meeting  when  any  of  the  above  things  are  done,  who  do  not  dissent  and 
cause  their  dissent  to  be  entered  on  the  minutes  of  the  meeting,  are  liable, 
jointly  and  severally,  for  the  amount  diverted,  and  the  statute  of  limitations 
never  runs  in  their  favor:  Civ,  Code,  see.  309. 

No.  1319.    Annual  Affidavit  by  Corporation. 

State  of , 


County  of ,  ss. 

I, ,  do  solemnly  swear  that  I  am  the  president  of  the  corporation 

known  and  styled  as  ,  duly  incorijorated  under  the  laws  of  the 

state  of  ,  on  the  day  of  ,  191 — ,   and  now  transacting 

or  conducting  business  in  the  state  of ,  and  that  I  am  duly  author- 
ized  to   represent    said   corporation   in   the  making  of    this   affidavit; 

and  I  do  further  solemnly  swear  that  said  ,  known  and  styled  as 

aforesaid,  has  not,  since  the  first  day  of  ,  191 — ,  created,  entered 

into,  or  become  a  member  or  a  party  to  any  pool,  trust,  agreement, 
combination,  confederation,  or  understanding  with  any  other  corpora- 
tion, partnership,  individual,  or  any  other  person,  or  association  of 
persons,  to  regulate  or  fix  the  price  of  any  article  of  merchandise  or 
commodity;  and  that  it  has  not  entered  into  or  become  a  member  of, 
or  a  party  to,  any  pool,  trust,  agreement,  contract,  combination,  or 
confederation  to  fix  or  limit  the  amount  or  quantity  of  any  article  or 
commodity,  or  merchandise  to  be  manufactured,  mined,  produced,  or 
sold  in  this  state;  and  that  it  has  not  issued,  and  does  not  own,  any 
trust  certificates;  and,  for  any  corporation,  agent,  officer,  or  employee, 
or  for  the  directors  or  stockholders  of  any  corporation,  has  not  entered 
into,  and  is  not  now  in,  any  combination,  contract,  or  agreement  with 
any  person  or  persons,  corporation  or  corporations,  or  with  any  stock- 
holder or  director  thereof,  the  purpose  and  effect  of  which  said  com- 
bination, contract,  or  agreement  would  be  to  place  the  management 
or  control  of  such  combination  or  combinations,  or  the  manufactured 
product  thereof,  in  the  hands  of  any  trustee  or  trustees,  with  the  intent 
to  limit  or  fix  the  price,  or  lessen  the  production  and  sales,  of  any  article 
of  conmierce,  use,  or  consumption,  or  to  prevent,  restrict,  or  diminish 
the  manufacture  or  output  of  any  such  article. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — North  Dakota,  Rev.  Codes,  sec.  9233. 

The  secretary  of  state  ma7,  each  year,  require  the  above  affidavit  of  cor- 
porations. 


485  Corporations.  Forms  1320, 1322 

No.  1320.  Grant  of  Franchise  by  State  to  be  a  Corporation — Oklahoma. 
To  Ail  to  Whom  These  Presents  Shall  Come,  Greeting. 

Whereas have  filed  in  the  office  of  the  secretary  of  state  certain 

articles  of  organization,  with  a  view  of  forming  a  corporation,  to  be 
known  as ,  and  with  a  capital  of ,  for  the  purpose  of  construct- 
ing, maintaining,  and  operating,  or  maintaining  or  operating,  a  rail- 
road from  to  ,  and  having  complied  with  the  provisions  of 

the  statutes  in  such  cases  made  and  provided: 

Therefore  the  state  of  hereby  giants  unto  the  above-named  per- 
sons,  their  associates,   successors,   and  assigns,   full  authority,  by  and 

under  said  name  of  ,  to   exercise  the  power   and  privileges  of   a 

corporation  for  the  purpose  above  stated  and  in  accordance  with  their 
said  articles  of  organization  and  the  laws  of  this  state. 

In  witness  whereof  these  presents  have  been  attested  with  the  great 
seal  and  signed  and  countersigned  by  the  governor  and  secretary  of 
state,  at ,  the day  of ,  in  the  year  one  thousand  nine  hun- 
dred and  . 

,  Governor. 

,  Secretary  of  State.     [Seal.] 


NOTE.— Oklahoma,  Harris  &  Day's  Code  1910,  sec.  1376. 

No.  1321.    Resolution  Extending  Time  of  Delinquent  Sale. 

Resolved,  that  the  time  fixed  in  the  [describe  the  assessment,  etc.,  and 
notice  of  sale]  be,  and  the  same  is  extended  to  the  first  day  of  March, 
1918,  at  the  hour  of  eleven  o'clock  of  said  day. 

NOTE.— California,  Civ.  Code,  sec.  345. 

No.  1322.    By-laws  of  Corporation. 

By-laws  of  the  Company. 

Article  I. 
The  officers  shall  consist  of  a  president,  a  vice-president,  a  treasurer, 
and  a  secretary,  who  shall,  with  the  exception  of  the  secretary  and 
the  treasurer,  be  chosen  by  the  directors  from  among  themselves. 

Article  II. 

Section  1.  A  board  of  directors  shall  be  elected  at  the  annual  meet- 
ing of  the  stockholder.     The  directors  elect  shall  serve  for  one  year 

from  the  first of ,  191 — ,  and  until  their  successors  are  elected 

and  qualified. 

See.  2.     No  stockholder  shall  be  eligible  for  election  as  a  member  of 

the  board  of  directors  unless  he  is  a  bona  fide  owner  of  at  least  • 

shares  of  the  capital  stock  of  the  company  at  the  time  of  his  election. 

Article  III. 
Section   1.     President.     The   president  shall  preside   at   all   meetings 
of  the  directors  or  stockholders.     He  shall  sign,  as  president,  all  cer- 


Foi-m  1322  Cowdeby's  Form  Book.  486 

tificates  of  stock,  and  all  contracts,  and  other  instruments  in  writing 
wliich  have  been  first  approved  by  the  board  of  directors.  He  shall 
draw  all  checks  and  warrants  upon  the  treasury.  He  shall  call  the 
directors  together  whenever  he  deems  it  necessary;  and  he  shall  have, 
subject  to  the  advice  and  control  of  the  directors,  the  general  super- 
intendence of  the  affairs  of  the  company.  In  the  absence  of  the  pres- 
ident, the  vice-president  shall  perform  his  duties. 

Sec.  2.  Treasurer.  It  shall  be  the  duty  of  the  treasurer  to  keep 
safely  all  moneys  belonging  to  the  company,  and  disburse  the  same 
under  the  direction  of  the  board  of  directors,  on  warrants  signed  by  the 
president  and  the  secretary.  At  each  annual  meeting  of  the  stock- 
holders, he  shall  submit  a  complete  statement  of  his  accounts  for  the 
past  year,  with  the  proper  vouchers,  for  their  information.  He  shall 
discharge  such  other  duties  pertaining  to  his  office  as  shall  be  prescribed 
by  the  board  of  directors. 

Sec.  3.  Secretary.  It  shall  be  the  duty  of  the  secretary  to  keep  a 
record  of  the  meetings  of  the  board  of  directors  and  of  the  stock- 
holders. He  shall  keep  the  book  of  blank  certificates  of  stock,  fill  up 
and  countersign  all  the  certificates  issued,  and  make  the  corresponding 
entries  on  the  margin  of  each  book,  on  such  issuance.  He  shall  keep 
a  proper  transfer-book,  and  a  stock-ledger  in  debit  and  credit  form, 
showing  the  number  of  shares  issued  to  and  transferred  by  any  stock- 
holder, and  the  dates  of  such  issuance  and  transfer.  He  shall  counter- 
sign all  cheeks,  keep  proper  account-books,  and  discharge  such  other 
duties  as  pertain  to  his  office  and  are  prescribed  by  the  board  of 
directors. 

Article  IV. 

The  board  of  directors  shall  have  power :  1.  To  call  meetings  of  stock- 
holders when  they  deem  necessaiy,  giving  not  less  than  two  weeks' 
notice  thereof,  in  manner  as  hereinafter  provided;  and  they  shall  call 
meetings  of  the  stockholders  at  any  time,  upon  a  written  request  for 

that   purpose,  of  persons  representing  of  all  the   capital  stock. 

2.  To  make  rules   and  regulations  not  inconsistent  with  the  laws  of 

the  state  of  or  the  by-laws  of  the  company,  for  the  guidance  of 

the  officers  and  management  of  the  affairs  of  the  company.  3.  To  de- 
clare dividends  out  of  the  surplus  profits,  whenever  they  shall  deem  it 
expedient.     4.  To  incur  such  indebtedness  as  they  may  deem  necessary; 

provided,  however,  that  no  indebtedness  over dollars  ($ )  shall 

at  any  time  be  incurred  by  the  company,  and  to  authorize  the  execution, 
by  the  president  and  secretary,  of  any  note  for  such  indebtedness. 

Article  V. 
It  shall  be  the  duty  of  the  board  of  directors :  1.  To  cause  to  be  kept 
a  complete  record  of  all  their  meetings  and  acts,  and  also  of  the  pro- 
ceedings of  the  stockholders;  and  to  present  a  full  statement  at  the 
regular  annual  meeting  of  the  stockholders,  showing  in  detail  the  assets 
and  liabilities  of  the  company,  and  generally  the  condition  of  its  affairs. 


487  Corporations.  Form  1322 

A  similar  statement  shall  be  presented  at  any  other  meeting  of  the 
stockliolders,   when   thereto  required  by  persons   representing  at   least 

of  the   capital   stock  of  the   company.     2.  To   supervise   all   the 

acts  of  the  officers  and  employees,  require  the  secretary  and  the  treas- 
urer to  keep  full  and  accurate  books  and  accounts,  and  to  prescribe  the 
form  and  mode  of  keeping  such  books.  3.  To  cause  to  be  issued  to 
the  stockholders,  in  proportion  to  tlieir  several  interests,  certificates  of 
stock,  not  to  exceed  in  the  aggveji?cte  the  capital  stock  of  the  company. 
4.  To  cause  the  moneys  of  the  company  to  be  safely  kept,  directing, 
from  time  to  time,  where  they  shall  be  kept  or  deposited. 

Article  VI. 

A  general  superintendent  shall  be  appointed  by  the  board  of  directors, 
and  be  removable  at  tlieir  pleasure.  It  shall  be  his  duty :  1.  To  take 
charge  of  all  tlie  properly  belonging  to  the  company,  and  to  control 
and  direct  all  labor  and  business  pertaining  to  the  interests,  objects, 
and  operations  of  the  company,  but  entirely  subject  to  the  direction 
and  control  of  the  board  of  directors,  or  of  the  president  of  the  com- 
pany. 2.  To  make  monthly  returns  to  the  board  of  directors  of  all  per- 
sons hired  or  employed  by  him,  and  a  statement  of  all  expenditures, 
accompanying  the  same  with  the  necessary  vouchers,  and  report  the 
general  condition  of  the  business  of  the  company,  3.  To  make  requisi- 
tion upon  the  board  of  directors  for  necessary  funds,  stating  the  pre- 
cise objects  for  which  they  are  required,  and,  if  approved  by  the  board, 
the  money  shall  be  transmitted  to  him  in  such  mode  as  they  may 
direct;  but  he  shall  not  have  the  power  to  sign  notes  or  contracts  for 
the  company;  neither  shall  he  have  the  poAver  to  incur  any  indebted- 
ness, unless  so  especially  authorized  by  the  president  or  the  board  of 
directors. 

Article  VII. 

The  members  of  the  board  of  directors  shall  receive  no  compen- 
sation for  their  services  as  such,  nor  shall  the  company  be  held  liable 
for  any  services  rendered,  except  it  is  so  expressly  provided;  but  mem- 
bers of  the  board  shall  be  allowed  their  reasonable  traveling  expenses 
when  actually  engaged  in  the  business  of  the  company,  to  be  audited 
and  allowed  as  in  other  cases  of  demand  against  the  company.  The 
secretary  and  the  superintendent  shall  receive  such  compensation  for 
their  services  as  the  board  of  directors  shall  determine. 

Article  VIII. 
No  contract  by  any  officer  of  the  company  shall  be  valid  without  the 
previous    authorization   or   subsequent    ratification    of     the    board    of 
directors. 

Article  IX. 
Section   1.     The  regular   annual   meeting   of   the   stockholders   shall 
be  held  on  the  last  of  of  each  year,  at  the  office  of  the  com- 
pany,  in  the   county  of    ,   state   of  .     A  representation   of  a 


Form  1322  Cowdery's  Foem  Book.  488 

majority  of  the  capital  stock  shall  be  necessary  for  the  transaction 
of  the  business  of  all  meetings  of  stockholders.  At  such  meetings  a 
representation  by  proxy,  duly  appointed,  shall  be  allowed,  such  proxy  to 
be  in  writing,  and  filed  with  tlie  secretary  of  the  company. 

Sec.  2.     A  regular  monthly  jneeting  of  the  board  of  directors  shall 

be  held  on  the  first  of  each  month,  and  special  meetings  of  the 

board  may  be  called  by  the  president  whenever  he  may  deem  it  expedi- 
ent. A  majority  of  the  board  of  directors  shall  constitute  a  quorum  for 
the  transaction  of  business. 

Sec.  3.  All  meetings  of  stockholders  shall  be  called  by  a  notice  pub- 
lished at  least  three  times  a  week  for  two  weeks  in  a  daily  newspaper 
in  the  said  county,  and  also  in  some  daily  newspaper  published  at . 

Article  X. 
Certificates  of  stock  shall  be  of  such  form  and  device  as  the  board 
of  directors  may  direct,  and  such  certificates  shall  be  signed  by  the 
president  and  the  secretary,  and  express  on  the  lace  thereof  their 
number,  date  of  issuance,  and  number  of  shares  for  which,  and  the 
persons  to  Avhom,  issued.  Several  certificates  may  be  issued  to  the  same 
person  or  persons,  provided  that  in  the  aggregate  they  do  not  exceed 
the  number  of  shares  belonging  to  such  person  or  persons.  The  cer- 
tificate-book shall  contain  a  margin  on  which  shall  be  entered  the 
number,  date,  number  of  sliares,  and  the  name  or  names  of  the  person 
or  persons  expressed  in  the  corresponding  certificates. 

Article  XI. 

Shares  of  the  company  may  be  transferred  at  any  time  by  the  hold- 
ers thereof,  or  by  attorney  legally  constituted,  or  by  legal  representative. 
But  no  transfer  shall  be  valid,  except  between  the  parties  thereto,  until 
entered  in  the  proper  form  on  the  books  of  the  company.  The  sur- 
rendered certificates  shall  be  canceled  before  a  new  certificate  shall 
be  issued  in  lieu  thereof.  The  receiver  of  the  new  certificate  shall  be 
required  to  signify  his  assent  to  the  by-laws  of  the  company;  and  no 
transfer  of  any  share  of  stock  shall  be  valid  upon  which  any  assess- 
ments are  due  and  unpaid,  or  the  holder  of  which  is  indebted  to  tlie 
company  on  any  account  whatever,  without  the  consent  of  the  board  of 
directors. 

Article  XII. 

The  books  and  papers,  in  the  offices  of  the  secretary  and  the  treas- 
urer, shall  at  all  times  during  business  hours  be  open  to  the  inspection 
of  the  board  of  directors  and  of  any  stockholder. 

Article  XIII. 
These  by-laws  may  be  altered  or  amended  at  any  annual  meeting  of 
the  company,  or  at  any  special  meeting  called  for  that  purpose,  by  a 
vote  of  two-thirds  of  the  subscribed  stock. 


4S9  Corporations.  Forms  1323, 1324 

Article  XIV. 
These  by-laws  shall  always  remain  in  possession  of  the  secretary  of 
the  company. 

We,  tlie  undersigned,  being  the  holders  of  two-thirds  of  the  subscribed 
capital  stock  of  the  company,  hereby  assent  to  the  foregoing  by- 
laws. 

Names.  Number  of  shares. 


Witness  our  hands  this  day  of  ,  191 — . 

[Signatures.] 

We,  the  undersigned,  a  majority  of  the  directors  of  the  com- 
pany, and  the  secretary  thereof,  hereby  certify  that  the  foregoing  by- 
laws, consisting  of articles,  and  dated ,  191—,  are  the  by-laws 

of  said  company,  a  corporation  organized  under  the  laws  of  the 

state  of ,  and  that  the  said  by-laws  were  adopted  by  the  assent  of 

stockholders  representing  a  majority  of  all  the  subscribed  capital  stock, 
at  a  meeting  called  for  that  purpose. 

Witness  our  hands  this  day  of ,  191—. 

[Signatures.] 

[Seal]  ,  Secretary. 

NOTE. — California,  Civ.  Code,  sec.  301. 

No.  1323.    Resolution  of  Religious,  Educational  or  Benevolent  Society 
to  Become  Incorporate — Montana. 

Resolved  that  the  trustees  of  this  church,  to  wit,  ,  be  and  are 

hereby  authorized  to  incorporate  this  church,  and,  for  that  purpose,  to 
file  with  the  proper  officer  articles  of  incorporation  as  required  by  law. 

NOTE.— Montana,  Eev.  Codes  1907,  sec.  4225. 

This  resolution  may  be  adopted  at  any  regular  meeting  of  the  association,  or 
at  a  special  meeting  for  that  purpose  called,  by  a  vote  of  two-thirds  of  the 
members  thereof  then  present. 

No.  1324.    Affidavit    of    Chairman    as   to    Incorporation    of    Society, 
Ohurch  or  Congregation — Colorado. 

State  of  , 

County  of ,  ss. 

I  do  solemnly  swear  that  at  a  meeting  of  the  members  of  the 


held  at  ,  in  the  county  of ,  state  of  ,  on  the  day  of 

,  191—,  for  that  purpose,  the  following  persons,  namely, ,  and 

^  and ,  were  elected  trustees;  that  at  such  meeting  such  society, 

church,  or  congregation  adopted  as  its  corporate  name ;  and  that 

at  said  meeting  this  affiant  acted  as  chairman. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 


Forms  1325, 1326       Cowdery's  Form  Book.  490 

NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  ?ec.  1131. 

In  addition  to  matters  required  to  be  stated  in  the  affidavit,  any  such  corpo- 
ration may  insert  therein  any  other  lawful  clause  or  clauses  which  they  may 
desire  to  exist  as  a  part  of  their  charter.  The  chairman  or  secretary  of  such 
meeting  shall,  as  soon  as  may  be  after  such  meeting,  make,  and  file  in  the  offiice 
of  the  recorder  of  deeds  in  the  county  in  which  such  eougregation,  church,  or 
society  is  organized,  or,  in  case  of  a  general  incorporation,  in  the  office  of  the 
secretary  of  state,  the  affidavit  substantially  as  given.  Such  affidavit,  or  a 
copy  thereof,  duly  certified  by  the  recorder  or  other  authorized  officer,  shall  be 
received  as  evidence  of  the  due  incorporation  of  such  congregation,  church,  or 
society. 

No.  1325.     Certificate  of  Agreement  of  Association — Washington. 

State  of  . 

Be  it  known  that  whereas and [etc,,]  have  associated  them- 
selves with  the  intention  of  forming  a  corporation,  under  the  name  of 

,  for  the  purpose  of ,  with  a  capital  of  dollars  ($ ), 

and  have  complied  with  the  provisions  of  the  laws  of  this  state  in  such 
case  made  and  provided,  as  appears  from  the  certificate  of  the  presi- 
dent, secretary,  and  a  majority  of  the  trustees  of  said  corporation, 
recorded  in  this  office: 

Now  therefore  I,  ,   secretary  of  the  state  of  ,  do  herehy 

certify  that  said  and  ,  [etc.,]  their  associates  and  successors, 

are   legally   organized    and   established    as,    and   are   hereby   made,    an 

existing  corporation,  under  the  name  of  ,  with  the  powers,  rights, 

and  privileges,  and  subject  to  the  limitations,  duties,  and  restrictions 
which  by  law  appertain  thereto. 

Witness  my  official  signature  subscribed  and  the  seal  of  the  state  of 
hereunto  affixed  this day  of ,  in  the  year  191 — . 

[Seal]  [Official  signature.] 

NOTE.— Washington,  Eem.  Code,  see.  3745. 

This  certificate  shall  be  signed,  sealed,  and  recorded,  and  shall  be  conclusive 
evidence  of  the  existence  of  such  corporation. 

No.  1326.    Certificate  of  Legal  Organization — Washington. 
State  of  . 

Be  it  known  that  whereas  and  ,  [etc.,]  have  foi'mally  asso- 
ciated themselves  with  the  intention  of  forming  a  corporation  under 

the  name  of ,  for  the  pui-pose  of ,  under  the  provisions  of , 

with  a  capital  of ,  and  the  provisions  of  the  laws  in  this  state  in 

sucli  case  made  and  provided  having  been  complied  with,  as  appears 
from  a  certificate  of  the  proper  officers  of  said  corporation,  recorded  in 
this  office: 

Now  therefore  I,  ,  secretary  of  the  state  of  ,  do  hereby  cer- 
tify that  said  is  legally  organized  and  established  as  an  existing 

corporation,  with  the  powers,  rights,  and  privileges,  and  subject  to  the 
limitations,  duties,  and  restrictions,  which  by  law  appertain  thereto. 


491  Corporations.  Forms  1327, 1328 

Witness   my   official   signature   hereunto  subscribed   and   the   seal   of 

the  state  of hereunto  affixed  this  day  of  ,  in  the  year 

191—. 

[Seal]  [Official    signature.] 

NOTE. — Washington,  Rem.  Code,  sec.  3750. 

This  certificate  shall  be  signed,  sealed,  and  recorded,  and  shall  be  conclusive 
evidence  of  the  existence  of  such  corporation. 

No.  1327.     Certificate  as  to  Amendment  of  Articles— WasMngton. 

State  of . 

Be  it  known  that  whereas ,  a  corporation  heretofore  duly  organ- 
ized, has,  in  accordance  with  the  provisions  of  the  laws  of  this  state 
in  such  case  made  and  provided,  amended  its  articles  of  agreement  as 

follows : ,  as  appears  from  a  certificate  of  the  proper  officers  of  said 

corporation  recorded  in  this  office: 

Now  therefore  I,  ,  secretary  of  the  state  of ,  do  hereby  cer- 
tify that  such  amendment  has  been  duly  adopted  as,  and  now  is,  a  part 
of  the  articles  of  agreement  of  said  corporation. 

Witness  my  official  signature  hereunto  subscribed  and  the  seal  of 
the  state  of  hereunto  affixed  this  day  of  ,  in  the  year 

191—. 

[Seal]  [Official  signature.] 

NOTE. — Washington,  Eem.  Code,  sec.  3751. 

This  certificate  shall  be  signed,  sealed,  and  recorded,  and  shall  be  conclusive 
evidence  of  the  existence  of  such  corporation. 

No.  1328.    Articles  of  Incorporation  of  Church. 

Know  all  men   that   the  members   of  the   Episcopal   Church   of  the 

United  States  of  America,  in  and  for  the  diocese  of ,  have  this  day 

voluntarily  associated  themselves  together  for  the  purpose  of  incorpo- 
rating under  the  laws  of  the  state  of  ,  and  in  pursuance  of  the 

purposes  for  which  directors  have  been  elected,  as  hereinafter  set  forth, 
a  religious  corporation  to  be  known  as  . 

And  we,  the  undersigned,  certify  that  the  objects  for  which  this  cor- 
poration is  formed  are:  To  establisli  a  mission  church  in  the  county  of 

,  and  in  connection  therewith  suitable  and  customary  organizations, 

for  the  purpose  of  public  worship  and  religious  training,  according  to 
the  rules  and  discipline  of  said   church,  under  the  supervision  of  the 

bishop  of  the  diocese  of  ,  to  take  charge  of  the  church  building, 

estate,  and  property,  and  the  affairs  of  the  temporalities  thereof.' 

That  the  principal  place  of  business  of  this  corporation  shall  be  in 
the  county  of ,  state  of . 

Tl\at  the  term  of  the  incorporation  shall  be years. 

That  the  number  of  directors  who  shall  have  the  management  of  its 
affairs  as  aforesaid  shall  be,  and  the  names  of  the  directors  elected  for 
the  first  year  are, , ,  [etc.]. 


Forms  1329,  1330       Cowdery's  Form  Book.  492 

That  tlie  said  directors  v/ere  duly  elected  at  a  meeting  of  the  members 

of  said  mission,  duly  convened  and  held  at ,  for  the  purpose,  among 

other  things,  of  electing  directors  to  take  charge  and  management  of 
its  property,  temporalities,  and  affairs,  and  to  form  this  incorporation ; 
that  a  majority  of  said  members  were  then  and  there  present  and  voted 
at  such  election  for  the  above-named  directors,  as  is  more  particularly 
set  forth  in  the  certificate  and  verification  by  the  officers  who  conducted 
the  election,  hereto  annexed  and  made  part  of  these  articles. 

We  further  certify  that  at  a  meeting  of  the  members  of  ,  duly 

convened,  for  the  purpose  hereinafter  set  forth,  held  at  ,  on  , 

the  day  of  ,  191 — ,  a  majority  of  said  members  being  then 

and  there  present,  who  voted  at  said  election,  the  Rev.  was  re- 
quested to  preside,  and  to  act  as  secretary,  with  which  requests 

they  respectively  complied ;  that  the  meeting  then  proceeded  to  the  elec- 
tion of  five  directors,  to  take  charge  and  management  of  the  property, 
temporalities,  and  affairs  of  the  ,  and  to  form  an  incorporation  un- 
der the  laws  of  the  state  of ,  in  furtherance  of  the  object  for  which 

the  mission  is  founded;  and  that  the  following  directors  were  then  duly 

elected,  namely:  ,  ,  [etc.],  all  residents  of  the  county  of , 

state  of . 

Witness  our  hands  this day  of ,  191 — . 

,  President. 

[To  be  acknowledged.]  ,  Secretary. 

NOTE.— California,  Civ.  Code,  sees.  290,  593,  603. 

The  articles  of  iucorporation  need  only  be  signed  and  acknowledged  by  the 
presiding  officer  and  secretary  of  such  representative  body:  See  Cal.  Civ.  Code, 
sec.  604. 

No.  1329.     Complaint  by  Corporation. 
[Title  of  Court  and  Cause.] 

The  plaintiff  complains  and  alleges: 

1.  That  it  is  a  corporation  organized  and  existing  under  the  laws  of 
the  state  of  Nevada,  and  is  doing  business  as  such  in  its  said  corporate 
name. 

No.  1330.    Complaint  Against  Corporation. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains  and  alleges: 

1.  That  at  the  time  hereinafter  mentioned,  the  defendant  was,  and 
now  is,  a  corporation,  duly  organized  under  and  piirsiiant  to  the  laws 
of  this  state,  and  was  the  owner  of  a  certain  railroad  known  as  the 
C.  P.  R.,  with  the  track,  cars,  and  other  appurtenances  thereunto  be- 
longing, and  was  a  common  carrier  of  passengers  from  P.  to  R. 

2.  That  on  the  eleventh  day  of  July,  1917,  at  P.,  the  defendant,  with 
unnecessary  violence,  assaulted  the  plaintiff,  and  forcibly  ejected  hira 
from  one  of  its  cars. 


493  Corporations.  Forms  1331,  1332 

3.  That  the  plaintiff  was  thereby  disabled  from  attending  to  his  busi- 
ness for  three  weeks  thereafter,  and  has  ever  since  been  disabled  from 
using  his  left  foot,  or  otlierwise,  and  was  compelled  to  pay  $1,000  for 
medical  attendance,  to  the  damage  of  the  plaintiff  $2,750. 

Wherefore  [etc.]. 


[Signatures.] 


No.  1331.    Summons  to  Corporation  (Criminal  Case). 

County  of , 

State  of  ,  ss. 

The  People  of  the  State  of to  the 


You  are  hereby  summoned  to  appear  before  me  at  ,  on  ,  to 

answer    a    charge    made  against    you    upon    the    information    of , 

for . 

Dated  at  the  city  of ,  this day  of ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— Arizona,  Rev.  Stats.  (Pen.  Code  1913),  see.  1281;  California,  Pen. 
Code,  sec.  1391;  Idaho,  Eev.  Codes  1907,  sec.  8223;  Montana,  Rev.  Codes  1907, 
sec.  9538;  North  Dakota,  Comp.  Laws  1913,  sec.  11,079;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec.  6118;  South  Dakota,  Comp.  Laws  1913,  sec.  561;  Utah, 
Comp.  Laws  1907,  sec.  5072. 

No.  1332.    Petition  for  Dissolution  of  Corporation. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  the Court  of  the  County  of ,  State  of  — — . 

The  petition  of  the company  represents  and  alleges : 

1.  That  it  is  a  corporation  duly  incorporated  on  the day  of 


191 — ,  and  is  still  existing,  under  and  by  virtue  of  the  laws  of  the  state 
of ,  and  that  its  principal  place  of  business  is  in  the  county  of . 

2.  That  at  a  meeting  of  the  stockholders  of  said  corporation,  held 
for  such  purpose,  the  dissolution  of  said  corporation  was  resolved  upon 
by  a  vote  of  two-thirds  (%)  of  all  the  stockholders  of  said  corporation. 

3.  That  all  claims  and  demands  against  said  corporation  have  been 
fully  satisfied  and  discharged. 

4.  That  the  total  number  of  shares  of  the  capital  stock  of  said  corpo- 
ration is  thousand   ( ) ;  that  thousand   ( )   shares  of 

the  said  capital  stock  of  said  corporation  were  duly  represented  at  said 
meeting  called  as  aforesaid,  at  the  office  of  said  company,  in  said  county, 

for  the  purpose  of  tlie  dissolution  of  said  corporation,  on  the day 

of ,  19 — ;  and  that  the  vote  of  all  the  stockholders  at  said  meeting 

was  as  follows: thousand  ( )  shares,  represented  by  stockhold- 
ers as  aforesaid,  were  for  dissolution,   and  shares  were  against 

dissolution. 

5.  That  the  board  of  directors  or  trustees  of  said  corporation  consists 

of  three,  all  stockholders  thereof,  and  residents  of  said  county  of , 

and  their  names  are  as  follows:  ,  ,  and  ;  and  that  said 


Forms  1333, 1334      CowDErxY's  Form  Book.  494 

persons  so  named  as  trustees  aforesaid  have  had  the  sole  management 
of  the  affairs  of  said  corporation  for  next  preceding  this  applica- 
tion, and  are  now  such  managers. 

Wherefore  your  petitioners  pray  that  your  honor  will,  after  publica- 
tion of  notice  of  this  application,  ijroceed  to  hear  and  determine  the 
same,  and,  after  hearing,  adjudge  and  declare  said  corporation  dis- 
solved, in  accordance  with  the  law  in  such  cases  made  and  provided. 

[Signatures.] 

[Verification.] 

NOTE.— Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sec.  2107;  California,  Code 
Civ.  Proc,  sees.  1228-1234;  Idaho,  Rev.  Codes  1907,  sees.  5186-5191;  Montana, 
Rev.  Codes  1907,  sees.  3905-3908;  Nevada,  Rev.  Laws  1912,  sees.  1239,  1240; 
New  Mexico,  Stats.  Ann.  1915,  sees.  954-976;  North  Dakota,  Comp.  Laws  1913, 
sec.  4565;  Oregon,  Lord's  Oregon  Laws,  sec.  6701;  South  Dakota,  Comp.  Laws 
1913,  sees.  446-450;  Utah,  Comp.  Laws  1907,  sees.  3661-3667;  Washington, 
Rem.  Code,  sees.  3707,  3708_;  Wyoming,  Comp.  Stats.  1910,  sees.  5094-5096. 

The  application  must  be  signed  by  a  majority  of  the  board  of  trustees,  direc- 
tors, or  other  officers  having  the  management  of  the  affairs  of  the  corporation, 
and  must  be  verified  in  the  same  manner  aa  a  complaint  in  a  civU  action:  See 
California  Code  Civ.  Proc,  see.  1229. 

No.  1333.    Objections  to  Application  for  Dissolution. 

[Title  of  Court  and  Cause.] 

Now  comes ,  a  claimant  for  damages  and  a  creditor  of  said 

company,  and  files  his  objections  to  the  application  of  said  company  to 
dissolve. 

The  objection  is  that  all  claims  and  demands  against  said  corporation 
have  not  been  satisfied  and  discharged,  and  particularly  the  claim  of 

him,  the  said  ,  for  damages,  has  not  been  satisfied  or  discharged, 

and  an  action  at  law  has  been  commenced  by  him,  the  said  ,  to 

recover  said  damages,  to  wit,  the  sum  of dollars  ($ ),  for  in- 
juries received  through  the  default  and  negligence  of  said  corporation, 
wliich  occasioned  an  explosion  of  gas,  and  consequent  damage  to  said 

,  as  set  forth  in  the  complaint  in  said  action  which  has  been  served 

upon  the  defendant;  and  said  action  is  now  pending  in  the  coi;rt 

of  the  county  of ,  state  of . 

Wherefore  he,  the  said  ,  respectfully  prays  that  said  applica- 
tion may  be  denied. 

Filed ,  191—. 

[Signature.] 

[To  be  verified.] 

NOTE. — California,  Code  Civ.  Proc,  sec.  1231. 

No.  1334.     Certificate  of  Secreta,ry  on  Application  for  Dissolution. 
[Title  of  Court  and  Cause.] 

I  hereby  certify,  at  a  meeting  of  the  stockholders  of  the  S.  U.  W. 
and  M.  Company,  held  at  its  office  in  San  Francisco  the  seventeenth  day 


495  Corporations.  Form  13;J5 

of  May,  1917,  regularly  called  for  the  purpose  of  determining  wlictlicr 
said  corporation  should  be  voluntarily  dissolved,  and  an  application  for 
such  dissolution  made  to  the  court,  there  was  present  T.  D.,  owning  1C9 
shares,  and  R.  D.,  owning  one  sliare  of  the  capital  stock,  and  J,  F.  C, 
owning  100  shares  of  the  capital  stock  of  said  cor]>oration,  and  which 
ownership  so  appears  on  the  hooks  of  the  corporation.  All  the  shares 
of  said  corporation  being  so  present  and  represented,  the  following 
resolution  was,  upon  motion  duly  made  and  seconded,  carried  and 
adopted  by  the  affirmative  vote  of  all  the  stockholders  of  said  corpo- 
ration. 

"Resolved:  That  this  corporation  be  dissolved,  and  that  the  Board 
of  Direelors  of  tliis  corporation  make  application  to  the  superior  court 
of  the  city  and  county  of  San  Francisco,  state  of  California,  for  the 
dissolution  of  this,  to  wit,  the  S.  U.  W.  and  M.  Company,  a  corporation." 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal 
of  said  corporation  this  seventeenth  day  of  May,  1917. 

K.  L., 
Secretary  S.  U.  W.  &  M.  Company. 

NOTE.— California,  Code  Civ.  Proc,  sees.  1227-1234. 

No.  13S5.    Decree  of  Dissolution. 
[Title  of  Court  and  Cause.] 

The  voluntary  application  for  dissolution  of  the company,  a  do- 
mestic corporation,  coming  on  regularly  this  day  for  hearing  and  de- 
termination, the  court  finds : 

1.  On ,  191 — ,  in  accordance  with  the  order  of  the  judge  of  this 

court,  the  said  company  filed  with  the  clerk  of  said  court  its 

application  for  its  dissolution  as  a  coriwration. 

2.  In  accordance  with  the  order  of  the  judge  of  this  court,  the  clerk 
of  said  court  has  given  thirty  days'  notice  of  said  application  for  dis- 
solution, by  publication  in  the  ,  a  newspaper  of  general  circulation 

printed  and  published  in  said  county  of  ,  which  thirty  days'  no- 
tice, with  said  publication  thereof,  was  completed  and  expired  on  , 

191—. 

3.  No  objection  to  said  application  for  dissolution  has  at  any  time 
been  filed  herein. 

4.  All  allegations  and  statements  in  said  application  for  dissolution 
made  are  true,  and  to  this  court,  by  the  evidence  introduced  herein, 
have  been  shown  so  to  be. 

Wherefore  it  is  ordered,  adjudged,  and  decreed  that  said  corporation, 

the  company,  be,  and  the  same  hereby  is,  and  is  declared  to  be, 

dissolved. 

Done  in  open  court  this day  of ,  191 — . 

,  Judge  of  said  Court. 

NOTE.— California,  Code  Civ.  Proc,  sec.  12.32. 


Forms  1336, 1337      Cowdery's  Form  Book.  496 

No.  1336.     Order  Fixing  Time  and  Place  of  Hearing,  and  for  Publi- 
cation of  Notice  of  Application  for  Dissolution, 
[Title  of  Court  and  Cause.] 

On  reading  the  petition  of  the  company  for  disincorporation 

of  said  company,  and  the  court  being  satisfied  that  said  petition  is  in 
conformity  with  the  statute, : 

Now,  on  the  motion  of  ,  attorney  for  said  petitioners,  it  is  or- 
dered that  said  petition  be  filed  with  the  clerk  of  this  court,  and  that 

,  the day  of ,  191 — ,  at  the  opening  of  the  court  on  tliat 

day,  or  as  soon  thereafter  as  counsel  can  be  heard,  at  the  courtroom  of 

this  court,  in  the of  the  county  of ,  state  of ,  be,  and  the 

same  are,  hereby  fixed  as  the  time  and  place  for  the  hearing  of  said 
petition,  and  the  clerk  is  directed  to  cause  publication  thereof,  and  of 

the  nature  of  the  application  in  said  petition  made,  to  be  published 

days  preceding  said  date  in  the ,  a  newspaper  of  general  circulation 

published  in  said  county. 

Dated ,  191—. 

,  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1230;  Idaho,  Ect.  Codes  1907,  sees. 
5186-5191;   Montana,   Rev.   Codes   1907,  sees.   3905-390S;    Nevada,   Rev.   Laws 

1912,  sees.  1239.  1240;  New  Mexico,  Stats.  Ann.  1915,  i=ecs.  954-976;  North 
Dakota,  Comp.  Laws  1913,  sec.  4565;  Oregon,  Lord's  Oregon  Laws,  sec.  6701; 
South  Dakota,  Comp.  Laws  1913,  sees.  446-450;  Utah,  Comp.  Laws  1907,  sees. 
3661-3667;  Washington,  Bern.  Code,  sees.  3707,  3708;  Wyoming,  Comp.  Stats. 
1910,  sees.  5094-5096. 

No.  1337.    Notice  of  Application  to  Disincorporate. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that  the  company,  a  corporation  formed 

under  the  laws  of  the  state  of ,  has  presented  to  the court  of 

the  county  of  ,  a  petition  praying  to  be  allowed  to  disincorporate 

and  dissolve ;  and  that ,  the day  of ,  191 — ,  at o  'clock 

in  the  forenoon,  has  been  appointed  as  the  time,  and  the  courtroom  of 

the  court  in  and  for  the  county  of as  the  place,  at  which  the 

said  application  is  to  be  heard. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal 
of  the court  aforesaid  this day  of ,  191 — . 

[Seal]  ,  Clerk. 

,  Attorney  for  Petitioners.  By  ,  Deputy  Clerk. 

NOTE.— Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sec.  2107;  California,  Code 
Civ.  Proc.,  sees.  1230-1232;  Idaho,  Rev.  Codes  1907,  sees.  5186-5191;  Montana, 
Rev.  Codes  1907,  sees.  3905-3908;  Nevada,  Rev.  Laws  1912,  sees.  1239-1240; 
New  Mexico,  Stats.  Ann.  1915,  sees.  954-976;  Xorth  Dakota,  Comp.  Laws  1913, 
sec.  4565;  Oregon,  Lord's  Oregon  Laws,  see.  6701;  South  Dakota,  Comp.  Laws 

1913,  sees.  446-450;  Utah,  Comp.  Laws  1907,  sees.  3661-3667;  Washington, 
Rem.'  Code,  sees.  3707,  3708;  Wyoming,  Comp.  Stats.  1910,  sees.  5094-5096. 


497  Corporations.  Forms  1338-1340 

No.  1338.    Notice  of  Annual  Meeting  of  Railroad  Company. 

The  annual  meeting  of  the  stockholders  of  this  company  will  be  held 
on  the  11th  day  of  July,  1917,  at  3  o'clock  in  the  afternoon,  at  the  office 
of  the  company,  659  Mills  Building,  San  Francisco,  California,  for  the 
purpose  of  electing  a  board  of  directors,  receiving  and  acting  upon  the 
reports  of  the  officers,  and  for  the  transaction  of  such  other  business  as 
may  properly  come  before  the  meeting. 

In  accordance  with  the  laws  of  the  state  of  California,  no  stock  can 
be  voted  on  which  has  been  transferred  on  the  books  of  the  company 
within  twenty  days  next  preceding  this  election. 

Dated  June  7,  1917. 

A.  B.,  Secretary. 

No.  1339.    Notice  of  Stockholders'  Meeting  to  Increase  Capital. 

Notice  is  hereby  given  that,  in  pursuance  of  a  resolution  and  order  of 
the  board  of  directors  of  tlie  Western  Lamp  Company,  a  corporation, 
oruanized  and  existing  under  the  laws  of  the  state  of  California,  duly, 
re;2,'ularly  and  unanimously  adopted  at  a  regular  meeting  of  said  board 
duly  held  on  the  twenty-first  day  of  May,  1917,  at  the  office  of  said  cor- 
poration, in  the  city  and  county  of  San  Francisco,  state  of  California, 
a  meeting  of  the  stockholders  of  said  corporation  is  hereby  called  for 
and  will  be  held  at  the  office  of  said  corporation  at  the  principal  place 
of  business  of  said  corporation,  being  what  is  known  as  and  numbered 
962  Mission  street,  in  the  said  city  and  county  of  San  Francisco  (said 
place  of  meeting  being  at  the  principal  place  of  business  of  said  corpora- 
tion and  at  the  building  where  the  said  board  of  directors  usually  meet) 
on  Monday,  the  twenty-third  day  of  July,  1917,  at  one  o'clock  in  the 
afternoon  of  that  day,  for  the  purpose  of  considering  and  acting  upon 
the  proposition  to  increase  the  capital  stock  of  said  corporation  from 
fifty  thousand  dollars,  divided  into  five  hundred  shares  of  the  par  value 
of  one  hundred  dollars  each,  to  one  hundred  thousand  dollars  divided 
into  one  thousand  shares  of  the  par  value  of  one  hundred  dollars  each. 

The  amount  to  which  it  is  proposed  to  increase  the  capital  stock  of 
said  company  is  one  hundred  thousand  dollars. 

By  order  of  the  board  of  directors  of  the  Western  Lamp  Company. 

Dated,  May  21,  1917. 

[Corporate  seal] 

A.  B.  C, 
As  Secretary  of  Western  Lamp  Company. 

No.  1340.    Notice  of  Special  Meeting  of  Stockholders  to  Create  Bonded 
Indebtedness. 
Notice  is  hereby  given  that  in  pursuance  of  a  resolution  of  the  board 

of  directors  of  the  company,  a  corporation  organized  and  existing 

under  the  laws  of  the  state  of ,.  adopted  at  a  special  meeting  of  said 

Form  Book — 32 


Forms  1341, 1342      Cowdery's  Form  Book.  498 

board,  duly  held  on  the  day  of ,  191—   at  the  office  of  said 

coiporation,  in  the  county  of ,  state  of ,  a  meeting  of  the  stock- 
holders of  said  corporation  is  hereby  called,  and  will  be  held  at  the  office 

of  said  corporation,  at  ,  county  of  ,  state  of  (said  place 

of  meeting  being  at  the  principal  place  of  business  of  said  corporation, 
and  at  the  room  and  building  where  the  board   of   directors  tliereof 

usually  meet),  on  ,  the  day  of  ,  191—,  at  o'clock 

A.  M.,  on  that  day,  for  the  purpose  of  considering^  and  acting  upon  the 
proposition  of  originally   creating  a  bonded  indebtedness  of  the  said 

corporation  to  the  amount  of  dollars    ($ ),  gold  coin  of  the 

United    States:    and    for   the   purpose    of   transacting   such   other   and 
further  business  as  may  properly  come  before  said  meeting. 

[Signature.] 

Fo.  1341.    Affidavit  of  Chairman  as  to  Incorporation  of  Joint  Stock 
Company  or  Association — Colorado. 

State  of , 

County  of ,  ss. 

I  do  solemnly  swear  that  at  a  meeting  of  the  members  of  the held 

at ,  in  the  county  of  ,  and  state  of ,  on  the  day  of 

,  191 — ,  for  that  purpose,  the  following  persons,  namely,  ,  and 

^  and ,  were  elected  trustees ;  that  at  such  meeting  such  society, 

church,  or  congi-egation  adopted  as  its  corporate  name  ;  that  the 

amount  of  the  capital  stock  of  such  society,  church,  or  congregation 

is dollars  ($— — ),  divided  into shares  of dollars  ($ ) 

each;  and  that  at  such  meeting  this  affiant  acted  as  chairman. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official   signature.] 

NOTE. — Colorado,  Mill's  Ann.  Stats.  1912,  sec.  1155. 

The  chairman  or  secretary  of  such  meeting  shall,  as  soon  as  may  be  after 
such  meeting,  make,  and  file"  in  the  office  of  the  recorder  of  deeds  in  the  county 
in  which  such  congregation,  church,  or  society  is  organized,  the  affidavit  sub- 
stantially as  given.  Such  affidavit,  or  a  copy  thereof,  duly  certified  by  the  re- 
corder, or  other  authorized  officer,  shall  be  received  as  evidence  of  the  due  incor- 
poration of  such  society,  church,  or  congregation. 

No.  1342.    Affidavit  Constituting  Articles  of  Incorporation  of  Church 
or  Society — Utah. 

State  of , 

County  of . 


I  do  solemnly  swear  that  at  a  meeting  of  the  members  of [insert 

the  name  of  the  church  or  society  as  known  before  incorporation],  re- 
sidin"-  in [insert  the  jurisdictional  limits  of  the  proposed  corpora- 
tion] ,  held  at ,  in  the  county  of ,  state  of ,  upon  notice  to 

the  incorporators  by [insert  a  precise  statement  of  the  notice  given, 

which  in  all  cases  shall  be  for  not  less  than  fifteen  days,  or  other  time 


499  Corporations.  Form  1313 

fixed  by  statute,  and  in  ease  of  societies  not  previously  existing  shall  be 
by  notice  stating  the  time,  place,  and  object  of  said  meetin.;',  publisliod 
in  some  newspaper  bavins^  a  general  circulation  within  the  proposed 
jurisdiction  of  the  corporation,  and  by  notices  posted  upon  tlie  door  of 
each  of  tlie  usual  places  of  meeting,  if  any,  of  the  society,  or  as  may  be 
otherwise  prescribed  by  statute],  it  was  decided  by  a  majority  vote  of 
the  members  present  at  said  meeting  to  incorjiorate  said  society  within 
said  limits  into  a  corporation,  with  such  rights  and  obligations  as  may 
be  prescribed  by  law,  to  be  known  as [name  of  proposed  corpora- 
tion] ;  to  exist  for  years  from  the  date  of  incorporation;  for  the 

purpose  of ;  with  principal  office  at ;  with  a  board  of  trustees 

[and  vestrymen,  wardens,  directors,  or  such  other  officers  as  may  be 
decided  upon,  not  less  than  three  nor  more  than  twenty-five  in  number], 

consisting  of  members,  of  whom  shall  form  a  quorum,  to  be 

elected  in   the  following  manner:   ,   and   to  qualify  b.y  eacli 

giving  bonds  to  the  corporation,  to  be  filed  with  the  secretary  thereof, 

in  the  sum  of dollars  ($ ) ;  and  [insert  the  names  of  the 

officers  for  the  first  term,  the  method  of  adopting  and  amending  by-laws, 
and  of  receiving  and  removing  members,  with  such  additional  clauses 
conformable  to  law  as  the  incorporators  may  deem  necessary  or  desir- 
able]. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— Utah,  Comp.  Laws  1907,  sec.  343. 

No.  1343.    Complaint  of  Corporation  for  Subscription. 

[Title  of  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  [Aver  incorporation.] 

2.  That,  in  contemplation  of  the  incorporation  of  this  plaintiff,  and 
for  the  purpose  of  constructing,  owning,  and  maintaining  the  toll-road 

then  contemplated,  the  defendant,  with  others,  on  the day  of , 

191 — ,  at  ,  became  a  subscriber  to  the  stock  of  the  said  company, 

by  severally  signing  and  delivering  an  agreement  in  writing,  of  which 
the  following  is  a  copy: . 

3.  That,  among  other  persons,  the  defendant  signed  and  executed  said 

agreement,  and  set  opposite  to  his  name  the  sum  of dollars  ($ ), 

which  he  thereby  agreed  to  pay  to  said  company. 

4.  That  after  the  defendant  had  thus  subscribed,   and   on  or  about 

the day  of ,  191 — ,  he  subscribed  to  the  articles  of  association 

of  said  company  his  name  and  his  place  of  residence,  to  wit,  ,  of 

,   and   the   number  of  sh.aros  of  stock  taken  by  him,   to  wit,  two 

shares,  amounting  to  dollars   ($ ),  the  shares  of  stock  being 

dollars  ($ — — )  each. 


Forms  1344-1358      Cowdery's  Form  Book.  500 

5.  That  the  plaintiff,  by  its  directors,  on  the day  of ,  191 — , 

at ,  tendered  to  defendant  the  shares  of  stock  so  subscribed  for  by 

him,  and  demanded  the  defendant  to  pay  thereon  the  sum  of dol- 
lars ($ ),  agreeable  to  said  subscription  and  the  charter  and  by-laws 

of  the  company. 

6.  That  the  plaintiff  has  performed  all  the  conditions  thereof  on  its 
part. 

7.  That  the  defendant  has  not  paid  the  said  subscription,  nor  any 
part  thereof. 

Wherefore  [etc.], 

[Signature.] 

No.  1344.    Answer  Denying  Subscription  for  Stock. 

[Title  of  Cause.] 
The  defendant  answers  to  the  complaint,  and  alleges: 
That  he  never  subscribed  for  any  stock  of  the  corporation  mentioned 

in  the  complaint,  and  never  became  a  stockholder  in,  or  the  holder  or 

owner  of  any  stock  of,  the  said  corporation  in  his  own  right  or  in  trust 

for  others. 

[Signature.] 
[Verification.] 

COSTS. 

1358.  Memorandum  of  costs. 

1359.  Cost  bill  in  justice's  court. 

1360.  Bond  for  costs  by  nonresident — Colorado. 

1361.  Affidavit  of  inability  to  give  security  for  costs — Kansas. 

1362.  Nonresident's  cost  bond  or  undertaking — Justice's  Court — ^Colorado. 

1363.  Bond  for  costs — Justice's  court — Oklahoma. 

1364.  Nonresident's  cost  bond  or  undertaking — Justice's  court — Oregon. 

No.  1358.    Memorandum  of  Costs. 
[Title  of  Court  and  Cause.] 

Disbursements. 

Sheriff's  fees,  to  service  of  summons $    1  25 

Clerk 's  fees,  to  commencing  suit  and  entering  up  judgment ....     11  00 

Witness'  fees,  to  wit,  J.  S.,  one  day ., 2  00 

Verification   to   complaint 50 

Total   $14  75 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

J.  C.  B.,  being  duly  sworn,  says :  That  he  is  the  attorney  for  the  plain- 
tiff in  the  above-entitled  action,  and,  as  such,  is  better  informed  relative 
to  the  above  costs  and  disbursements  than  the  said  plaintiff.  That,  to 
the  best  of  this  affiant's  knowledge  and  belief,  the  items  in  the  above 


501  Costs.  Forms  1359, 1360 

memorandiira   contained   are   correct,  and  that  the   said   disbursements 
have  been  necessarily  incurred  in  the  said  action. 

[Signature.] 

NOTE. — The  party  recovering  judgment,  who  claims  costs,  must  deliver  to 
the  clerk,  and  serve  upon  the  adverse  party,  within  five  days  after  the  verdict 
or  notice  of  the  decision — or,  if  the  entry  of  the  judgment  on  the  verdict  or  de- 
cision be  stayed,  then  before  such  entry  is  made — a  memorandum  of  the  iterns 
of  his  costs,  verified  by  the  oath  of  the  party,  or  agent,  or  by  the  clerk  of  his 
attorney,  or  by  his  attorney,  stating  that  to  the  best  of  his  knowledge  and 
belief,  the  items  are  correct,  and  that  the  disbursements  have  been  necessarily 
incurred  in  the  action.  A  party  dissatisfied  may,  within  five  days  after  notice 
of  filing  of  the  bill,  move  to  have  the  same  taxed  by  the  court,  or  by  the  judge 
thereof  at  chambers:  Alaska,  Comp.  Laws  1913,  sees.  1341-1360;  Arizona, 
Eev.  Stats.  (Civ.  Code  1913),  sees.  627-642;  California,  Code  Civ.  Proc,  sec. 
1033;  Idaho,  Rev.  Codes  1907,  sec.  4912;  Montana,  Rev.  Codes  1907,  sees. 
7154-7199;  Nevada,  Rev.  Laws  1912,  sees.  5376-5393;  Utah,  Comp.  Lawfl 
1907,  sees.  3338-3357;  Washington,  Rem,  Code,  sees.  474-497. 

No.  1359.    Cost  BUI  in  Justice's  Court. 

[Title  of  Court  and  Cause.] 

Disbursements. 

Constable's  fees,  serving  process $ .  — . 

Justice 's  fees   •  — » 

Jurors '  fees,  one  day .  — . 

Witnesses  fees,  as  follows: 

,  one  day   .  — . 

■ ,  one  day   •  — • 

,  one  day   •  — • 


NOTE. — In  California,  it  appears  to  be  unnecessary  to  file  a  cost  bill  in  a 
justice's  court.  It  is  frequently  done,  however,  by  the  best  practitioners:  See 
Cal.  Code  Civ.  Proc,  sees.  896,  924,  925. 

No.  1360.    Bond  for  Costs  by  Nonresident— Colorado. 

[Title  of  Court  and  Cause.] 

I  do  hereby  enter  myself  security  for  the  costs  in  this  case,  and 
acknowledge  myself  bound  to  pay,  or  cause  to  be  paid,  all  costs  which 
may  accrue  in  this  action,  either  to  the  opposite  party  or  to  any  of  the 
officers  of  this  court  pursuant  to  the  laws  of  this  state. 

Dated  this day  of ,  191—. 

[Signature.] 

NOTE.— Colorado,  Mill's  Ann.  Stats.  1912,  sees.  1167-1192. 


Forms  1361-1364      Cowdery's  Form  Book.  502 

No.  1361.    Affidavit  of  Inability  to  Give  Security  for  Costs— Kansas. 

In  the Court  of  Said  County. 

State  of , 

County  of  . 

I  do  solemnly  swear  that  the  cause  of  action  set  forth  in  the  petition 
hereto  prefixed  is  just;  and  I  do  further  swear  that,  by  reason  of  my 
poverty,  I  am  unable  to  give  security  for  costs. 

[Signature.] 

NOTE.— Kansas,   Gen.   Stats.   1915,  sec.   7510;    Oklahoma,  Harris  &  Day's 

Code  1910,  sees.  5222,  5223. 

No.  1362.    Nonresident's  Cost  Bond  or  Undertaking — Justice's  Court — 
Colorado. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

Demand,  $ . 

I, ,  do  enter  myself  security  for  all  costs  that  may  accrue  in  the 

above  case,  this day  of ,  191 — , 

[Signature  and  seal.] 

No,  1363.    Bond  for  Costs — Justice's  Court — Oklahoma. 

We,  as  principal,  and ,  as  surety,  bind  ourselves  to  pay  all  costs 

in  this  cause  if  the  defendant  is  acquitted. 

[Signatures.] 

Signed  this day  of ,  191 — . 

NOTE'.— Oklahoma,  Harris  &  Day's  Code  1910,  sees.  5222,  5223. 
The  surety  must  qualify  before  the  bond  is  approved. 

No   1364.    Nonresident's  Cost  Bond  or  Undertaking — Justice's  Court — 
Oregon. 

f Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

I, ,  undertake  to  pay ,  the  defendant  in  this  action,  all  dis- 
bursements that  may  be  adjudged  to  him  in  this  action. 

[Signature.] 

[Justification  of  sureties.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sees.  1784,  17S5;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec.  5519;  Oregon,  Lord's  Oregon  Laws,  sec.  2422. 

Each  surety  must  be  a  resident  and  householder  or  freeholder  within  the 
state,  and  must,  if  required  by  defendant,  justify  in  a  sum  not  less  than  fifty 
(50)  dollars,  or  as  otherwise  fixed  by  statute.  A  deposit,  however,  may  be 
given  in  lieu  of  an  undertaking. 


503  Covenants — Creditors'  Claims. 


COVENANTS. 

Covonant  as  to  Encroaching  Building,  No.  1470. 

Covenant  as  to  Holding  Over,  No.  2414. 

Covenant  Excepting  Eight  of  Way,  No.  2415. 

Covenant  Excepting  Timber,  etc.,  on  Premises,  No.  2416. 

Covenant  Excepting  Waterway,  No.  2417. 

Covenant  for  Private  Alley  in  Deed  to  Undivided  Half,  No.  1471. 

Covenant  for  Quiet  Enjoyment,  No.  2433. 

Covenant  not  to  Assign,  Underlet,  Alter  or  Improve  Without  License  from 

Lessor,  No.  2420. 
Covoiiant  not  to  Carry  on  Noxious  or  Offensive  Trade,  nor  Permit  It  to  be 

Done,  No.  2422. 
Covenant  not  to  Lop  Trees,  etc..  No.  2421. 
Covenant  not  to  Sue,  No.  1193. 
Covenant  not  to  Obstruct  View,  No.  1472. 

Covenant  That  Landlord  may  Enter  to  Inspect  Premises,  etc.,  No.  2424. 
Covenant  That  Landlord  may  Enter  to  Make  Inventory,  etc.,  No.  2425. 
Covenant  That  Lessee  may  Deduct  Taxes  and   Charges  of  Kepairs  Out  of 

Rent,  No.  2418. 
Covenant  That  Lessee  may  Quit,  No.  2434. 
Covenant  to  Deliver  Possession,  No.  2426. 
Covenant  to  Erect  Brick  Buildings,  No.  2427. 

Covenant  to  Expend  a  Stated  Sum,  in  a  Given  Time,  for  Eepairs,  No.  2423. 
Covenant  to  Insure,  No.  242S. 
CoveTiant  to  Occupy  Premises,  No.  2429. 
Covenant  to  Pay  Bent,  No.  2411. 
Covenant  to  Pay  Taxes,  No.  2412. 
Covenant  to  Renew  Lease,  No.  2419. 
Covenant  to  Repair,  No.  2413. 
Covenant  to  Repair  After  Notice,  No.  2430. 
Covenant  to  Repair,  Lessor  Finding  Materials,  No.  2431. 
Covenant  to  Restore  Personal  Property,  No.  24.?2. 
Covenant  to  Sell  Inheritance  to  Lessee  upon  Request,  No.  2435. 

CREDITORS'  CLAIMS. 

1385.  Creditor's  claim. 

1336.  Affidavit  to  creditor's  claim. 

1387.  Affidavit  to  creditor's  claim  of  corporation  or  partnership. 

1388.  Affidavit  where  creditor  had  no  notice  by  reason  of  absence  from 

the  state. 

1389.  Agreement  for  reference  of  claim. 

1390.  Order  referring  claim  to  referee. 

1391.  Report  of  referee  on  creditor's  claim. 

1392.  Notary's  certificate  of  presentation  of  creditor's  clp.im. 

1393.  Statement  of  claims  presented. 

1394.  Order  allovidng  presentation  of  creditor's  claim. 

1395.  Affidavit  to  creditor's  claim  by  personal  representative  of  claiiiiant. 

1396.  Creditor's  claim — Contingent. 

1397.  Creditor's  claim  by  executor. 

1398.  Creditor's  claim — Appointment  of  attorney  to  defend  action  by  ex- 

ecutor. 

1399.  Creditor's  claim — Not  due. 

1400.  Creditor's  claim  where  action  pending. 

1401.  Creditor's  claim  on  judgment. 

14C2.     Creditor's  claim  on  lost  prfmissory  note. 

1403.  Creditor's  claim — Demand  for  vouchers  by  executor. 

1404.  Order  for  deposit  where  claimant  cannot  be  found. 


Cowdery's  Form  Book.  504 

iwteoductory  note. 

In  California,  every  claim  which  is  due,  when  presented  to  the 
executor  or  administrator,  or  filed  with  the  clerk  of  the  court,  must 
be  supported  by  the  affidavit  of  the  claimant,  or  someone  in  his 
behalf,  that  the  amount  is  justly  due,  that  no  payments  have  been 
made  thereon  v/hich  are  not  credited,  and  that  there  are  no  offsets 
to  the  same,  to  the  knowledge  of  the  affiant.  If  the  claim  be  not 
due  when  presented,  or  be  contingent,  the  particulars  of  such  claim 
must  be  stated.  When  the  affidavit  is  made  by  a  person  other  than 
the  claimant  he  must  set  forth  the  reason  why  it  is  not  made  by 
the  claimant.  The  executor  or  administrator  may  also  require 
satisfactory  vouchers  in  support  of  the  claim:  Code  Civ.  Proc, 
sec.  1494. 

When  a  claim  is  presented  to  the  executor  or  administrator,  he 
must  indorse  thereon  his  allowance  or  rejection  with  the  day  and 
date  thereof.  If  he  allow  the  claim  it  must  be  presented  to  a  judge 
of  the  superior  court  [to  whom  the  proceeding  has  been  assigned] 
for  his  approval,  who  must  in  the  same  manner  indorse  upon  it 
his  allowance  or  rejection.  If  the  executor  or  administrator,  or 
the  judge,  refuse  or  neglect  to  indorse  such  allowance  or  rejection 
for  ten  days  after  the  claim  has  been  presented  to  him,  such  refusal 
or  neglect  may,  at  the  option  of  the  claimant,  be  deemed  equivalent 
to  a  rejection  on  the  tenth  day;  and  if  the  presentation  be  made 
by  a  notary,  the  certificate  of  such  notary  under  seal  shall  be  prima 
facie  evidence  of  such  presentation  and  the  date  thereof.  If  the 
claim  be  presented  to  the  executor  or  administrator  before  the  ex- 
piration of  the  time  limited  for  the  presentation  of  claims,  the  same 
is  presented  in  time,  though  acted  upon  by  the  executor  or  adminis- 
trator and  by  the  judge,  after  the  expiration  of  such  time:  Code 
Civ.  Proc,  sec.  1496. 

Every  claim  allowed  by  the  executor  or  administrator,  and  ap- 
proved by  a  judge  of  the  superior  court,  or  a  copy  thereof,  as  here- 
inafter provided,  must,  M'ithin  thirty  days  thereafter,  be  filed  in 
the  court,  and  be  ranked  among  the  acknowledged  debts  of  the 
estate,  to  be  paid  in  due  course  of  administration.  If  the  claim  be 
founded  on  a  bond,  bill,  note,  or  any  other  instrument,  a  copy  of 
such  instrument  must  accompany  the  claim,  and  the  original 
instrument  must  be  exhibited,  if  demanded,  unless  it  be  lost  or 
destroyed,  in  which  case  the  claimant  must  accompany  his  claim 
by  his  affidavit,  containing  a  copy  or  particular  description  of  such 
instrument,  and  stating  its  loss  or  destruction.  If  the  claim,  or 
any  part  thereof,  be  secured  by  a  mortgage,  or  other  lien  which 
has  been  recorded  in  the  office  of  the  recorder  of  the  county  in 
which  the  land  affected  by  it  lies,  it  shall  be  sufficient  to  describe 


505  Creditors'  Claims.  Form  1385 

the  mortgage  or  lien,  and  refer  to  the  date,  volume,  and  page  of 
its  record.  If,  in  any  case,  the  claimant  has  left  any  original 
voucher  in  the  hands  of  the  executor  or  administrator,  or  suffered 
the  same  to  be  filed  in  court,  he  may  withdraw  the  same  when  a 
copy  thereof  has  been  already,  or  is  then,  attached  to  his  claim. 
A  brief  description  of  every  claim  filed  must  be  entered  by  the  clerk 
in  the  register,  showing  the  name  of  the  claimant,  the  amount  and 
character  of  the  claim,  rate  of  interest,  and  date  of  allowance:  Cal. 
Code  Civ.  Proc,  sec.  1497. 

NOTE. — Alaska,  Comp.  Laws  1915,  sees.  1652-1661;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sees.  879-903;  California,  Code  Civ.  Proc,  sees.  1494-1563; 
Colorado,  Mill's  Ann.  Stats.  1912,  sees.  7995-8018;  Hawaii,  Eev.  Code  1915, 
see.  2493  et  seq. ;  Idaho,  Eev.  Codes  1907,  sees.  5463-5483;  Kansas,  Gen.  Stats. 
1915,  sec.  4564  et  seq.;  Montana,  Eev.  Codes  1907,  sees.  7522-7545;  Nebraska, 
Eev.  Code  1913,  sec.  1382  et  seq.;  Nevada,  Eev.  Laws  1912,  sees.  5964-5973; 
New  Mexico,  Stats.  Ann.  1915,  sees.  2274-2286;  North  Dakota,  Comp.  Laws 
1913,  sees.  8734-8751;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6336  et  seq.; 
Oregon,  Lord's  Oregon  Laws,  sees.  1238-1247;  South  Dakota,  Comp.  Laws  1913, 
sec.  5787  et  seq.;  Utah,  Comp.  Laws  1907,  sees.  3848-3876;  Washington,  Rem. 
Code,  sees.   1470-1490;   Wyoming,  Comp.  Stats.  1910,  sees.  5595-5601. 

No.  1385.     Creditor's  Claim. 
[Title  of  Court  and  Estate.] 

The  undersigned,  a  creditor  of  T.  J.,  deceased,  presents  his  claim 
against  the  estate  of  said  deceased,  for  approval,  as  follows,  to  wit: 

Estate  of  T.  J,,  Deceased, 

To  J.  S.,  Dr. 
To  principal  of  promissory  note,  dated  May  5,  1917,  hereto 

attached    $1,000  00 

To  interest  on  same,  from  May  5,  1917,  at  two  per  cent  per 

monthj  to  this  date 30  00 


$1,030  00 
[Signature.] 
[Copy  of  Promissory  Note  Attached.] 
$1,000.  San  Francisco,  May  5,  1917. 

Thirty  days  after  date,  I  promise  to  pay  to  J.  S.,  or  order,  the  sum 
of  one  thousand  dollars,  with  interest  at  the  rate  of  two  per  cent  per 
month,  for  value  received.  T.  J. 

[If  the  claim  is  founded  on  a  recorded  mortgage  the  practice  is  to 
describe  the  note  and  mortgage  and  then  attach  a  copy  of  them  as  an 
exhibit,  as  follows:  The  said  mortgage  was  duly  aeknoAvlediied  so  as 
to  entitle  it  to  be  recorded,  and  it  was  on  the  3d  day  of  May,  1917,  duly 
recorded,  in  the  office  of  the  co\mty  recorder  of  Fresno  county,  Cali- 
fornia, in  book  "A"  of  Mortgages,  at  page  137  et  seq.,  a  copy  of  which 
note  and  mortgage,  with  all  indorsements  thereon,  is  hereto  attached 
and  made  a  part  of  this  instrument  and  marked  Exhibit  "A."] 


Forms  1386, 1387        Cowdery's  Form  Book.  506 

No.  1386.    Afladavit  to  Creditor's  Claim. 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  Butte, — ss. 

J.  B.,  being  duly  sworn,  says  that  he  is  the  J.  B.  in  the  aforesaid 
claim  mentioned.  That  he  knows  the  contents  of  said  claim  and  it  is 
true.  That  the  amount  of  said  claim,  to  wit,  $10,000,  is  justly  due 
claimant;  that  no  payments  have  been  made  thereon  [which  are  not 
credited] ;  and  there  are  no  offsets  to  the  same  to  the  knowledge  of  said 
affiant. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE.— California,  Code  Civ.  Proc,  sees.   1494,  1563. 

No.  1387.    Affidavit  to  Creditor's  Claim  of  Corporation  or  Partnership. 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  Napa, — ss. 

J.  L.,  being  first  duly  sworn,  deposes  and  says:  That  [the  corporation 
or  partnership]  whose  foregoing  claim  is  herewith  presented  to  the 
[executor  or  administrator  of  said  deceased,  is  a  [firm  or  corporation 
as  the  case  may  be;  insert  names  of  individuals  composintr  copartner- 
sliip;  if  a  corjioration,  so  state,  giving  name  of  state  in  which  same  was 
organized]  ;  corporation  organized  under  the  lav.'s  of  tlie  state  of  Cali- 
fornia, or  is  a  partnership,  etc.] ;  that  affiant  is  [state  fully  capacity  in 
which  affiant  acts.  If  a  member  of  a  firm,  say  so ;  if  a  managing  agent, 
state  why  it  is  not  sworn  to  by  one  of  the  principals ;  if  an  officer  of  a 
corporation,  state  what  officer;  if  an  individual  claimant,  so  state]; 
[the  president,  secretary,  or  a  member  of  said  partnership],  and  knows 
of  his  own  knowledge  all  the  facts  of  said  claim,  or  he  makes  this  affi- 
davit on  behalf  of  said  J.  L.,  who  is  absent  from  the  state,  affiant  know- 
ing all  the  facts  of  said  claim  [or  any  other  good  reason]  and  for  that 
reason  he  makes  this  affidavit  on  behalf  of  said  [firm  or  corporation]  ; 
[corporation,  etc.].  That  the  amount  of  said  claim,  to  wit,  the  sum  of 
[one  thousand  dollars],  is  justly  due  to  the  said  claimant,  that  no  pay- 
ments have  been  made  thereon  which  are  not  credited,  and  that  there 
are  no  offsets  to  the  same  to  the  knowledge  of  said  affiant. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE.— California,  Code  Civ.  Proc,  1494-1503. 


507  Creditors'  Claims.  Forms  1388-1390 

No.  1388.     Affidavit   Wliere    Creditor   Had  No   Notice   by   Reason   of 
Absence  from  the  State. 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  Butte, — ss. 

J.  S.,  being  first  duly  sworn,  deposes  and  says:  That  he,  whose  fore- 
going claim  is  herewith  presented  to  the  executor  of  said  deceased,  is  a 
resident  of  the  city  of  Rochester,  state  of  New  York;  or,  that  affiant  is. 
That  he  had  no  notice  of  the  death  of  said  deceased  until  more  than  one 
year  from  the  date  of  the  first  publication  of  notice  to  creditors  in  this 
estate  by  reason  of  affiant  being  all  said  time  of  publication  out  of  tliis 
state  and  in  tlie  state  of  New  York.  That  decree  of  distribution  lias  not 
been  entered  in  said  estate,  and  for  that  reason  he  makes  this  affidavit. 
That  the  amount  of  said  claim,  to  wit,  the  sum  of  one  thousand  dollars, 
is  justly  due  to  the  said  claimant;  that  no  payments  have  been  made 
thereon  which  are  not  credited;  and  that  there  are  no  offsets  to  the 
same  to  the  knowledge  of  said  affiant. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1493. 

No.  1389.    Agreement  for  Reference  of  Claim. 

[Title  of  Court  and  Cause.] 

Whereas,  the  undersigned  administrator  of  said  estate  doubts  the 
correctness  of  the  claim  of  J.  B.  for  $1,372.25,  presented  as  a  claim 
against  said  estate  on  June  9,  1917;  now  it  is  agreed  that  said  matter  in 
dispute,  the  claim  aforesaid,  may  be  referred  to  H.  S.,  Esq.  [the  judge 
of  said  court  approving],  for  investigation  and  a  report  either  allowing 
or  rejecting  said  claim,  or  any  part  thereof  if  said  claim  is  incorrect. 

Dated . 

[Signature.] 

NOTE. — If  the  executor  or  administrator  doubts  the  correctness  of  any 
claim,  he  may  agree  in  writing  with  the  claimant  to  refer  the  matter  to  some 
dif-interested  person,  to  be  approved  by  the  court.  Upon  filing  the  agreement 
and  approval  in  the  office  of  the  clerk,  the  clerk  enters  a  minute  of  the  order 
referring  the  matter  to  the  person  selected  or,  if  the  parties  consent,  a  refer- 
ence may  be  had  in  the  court;  and  the  report  of  the  referee,  if  confirmed, 
establishes  or  rejects  the  claim  the  same  as  if  it  had  been  allowed  or  rejected 
by  the  executor,  or  administrator  and  judge;  California,  Code  Civ.  Proc,  sees. 
1507,  1508. 

No.  1390.    Order  Referring  Claim  to  Referee. 
[Title  of  Court  and  Estate.] 

The  administrator  of  said  estate,  and  J.  B.,  who  has  presented  a  claim 
against  said  estate,  having  agreed  that  the  matter  of  liability  of  said 
estate  for  said  claim  be  referred  to  H.  S.  for  investigation,  it  is  ordered 


Forms  1391-1393      Cowdery's  Form  Book.  508 

that  said  matter  be  referred  to  the  said  H.  S.,  for  investigation  and 
report. 

,  Judge. 

Dated . 

NOTE. — California,  Code  CHv.  Proc,  sec.  1636. 

No.  1391.    Report  of  Referee  on  Creditor's  Claim. 

[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Judge  of  the  Superior  Court  of  the  County  of 
Nevada : 

The  undersigned,  referee,  to  whom  was  referred  a  controversy  be- 
tween A.  B.,  the  administrator  of  the  above-entitled  estate,  and  C.  D., 
a  creditor  thereof  to  take  evidence  and  report  upon  the  facts  respecting 
the  liability  of  said  estate  in  respect  to  said  claim,  begs  leave  to  report 
tliat  he  has  performed  that  duty,  and  he  finds,  as  a  matter  of  fact,  that 
said  deceased  and  said  C.  D.  made  the  contract  in  words  and  figures  as 
is  in  said  claim  stated.  That  all  the  matters  stated  in  sai<l  claim  and 
in  the  verification  thereof  are  true. 

[Signature.] 

Dated  . 

NOTE.— California,  Code  Civ.  Proc,  sec.  1507. 

No.  1392.    Notary's  Certificate  of  Presentation  of  Creditor's  Claim. 
[Title  of  Court  and  Estate.] 

I,  J.  V.  M.,  a  notary  public,  in  and  for  the  city  and  county  of  San 
Francisco,  state  of  California,  hereby  certify  that  on  the  fifth  day  of 
May,  1917,  at  said  city  and  county,  I  presented  the  claim  of  A.  B. 
against  the  estate  of  C.  L.,  deceased,  to  E.  F.,  exectuor  of  said  estate, 
at  the  place  stated  in  the  notice  to  creditors  published  in  said  estate. 
That  the  said  executor  then  and  there  took  said  claim  into  liis  posses- 
sion from  my  hands,  read  the  same  and  retained  said  possession.  T 
further  certify  that  before  presenting  said  claim  I  made  a  correct  copy 
thereof,  and  said  copy  is  attached  to  this  certificate  and  made  a  part 
of  this  certificate.  [Any  other  facts  may  be  stated,  such  as  destruction 
of  the  claim  by  the  executor,  or  refusal  to  receive  it,  or  receiving  it  and 
returning  it  to  the  notary.] 

,  Notary  Public. 

In  witness  whereof  [etc.]. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1498. 

No.  1393.    Statement  of  Claims  Presented. 
[Title  of  Court  and  Estate.] 

The  undersigned,  administratrix  of  the  estate  of  T.  J.,  deceased,  re- 
turns to  said  court  the  following  statement  of  all  claims  against  the 


509 


Creditors'  Claims. 


Forms  1394,  1395 


said  estate  which  have  been  presented  to  her  since  the  eighteenth  day  of 
Ma.y,  1917,  beinv  the  date  of  the  first  publication  of  notice  to  creditors 
[or,  if  the  statement  be  not  the  first  returned,  then  say,  beincr  the  date 
of  the  return  of  the  last  statement],  in  which  statement  are  designated 
the  names  of  the  creditors,  the  nature  of  each  claim,  when  it  became 
due,  or  will  become  due,  and  whether  it  was  allowed  or  rejected  by  said 
administratrix. 


Namfi 

of 

creditor. 

Nature  of  claim. 

.Allowed 
When  due.                    or 

rejected. 

Amt. 

J.S.,             j 

G.  T., 

Dr.  C.  G.  B., 
A.  P. 
D.  P.  B., 

Promissory  note. 
Money  loaned. 
And  horse  sold, 
Funeral  expenses, 
Expenses  of  last  sickness. 
Balance  of  account. 
Legal  service. 

June        5,  1917 
April       1,  1917 
April     29,  1917 
May       19,  1917 
May       18,  1917 
March     3,  1917 
January  5,  1917 

Allowed 
Allowed 
Allowed 
Allowed 
Allowed 
Rejected 

$1,500 

200 

250 
500 
100 

$2,550 

Dated 


[Signature.] 


No.  1394.    Order  Allowing  Presentation  of  Creditor's  Claim, 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  J.  S.  had  no  notice  of  the  death  of  said 
deceased,  or  of  the  order  of  publication  of  notice  to  creditors,  or  of 
publication  of  notice  to  creditors  herein  until  after  the  time  had  ex- 
pired to  present  claims  [with  an  exception,  if  any],  and  the  dcereo  of 
distribution  in  said  estate  not  having  been  entered,  it  is  ordered  that 
the  said  claim  may  be  presented  to  the  executor  of  said  estate  with  the 
same  effect  as  if  it  had  been  presented  before  tlie  time  had  expired  for 
the  presentation  of  claims. 

NOTE. — In  California,  all  claims  arising  upon  contracts,  whether  the  same 
be  due,  not  due,  or  contingent,  must  be  presented  within  the  time  limited  in  the 
notice,  and  any  claim  not  so  presented  is  barred  forever;  provided,  however, 
that  when  it  is  made  to  appear  by  the  affidavit  of  the  claimant,  to  the  satisfac- 
tion of  the  court,  or  a  judge  thereof,  that  the  claimant  had  no  notice  [of  the 
time  in  which  to  present  his  claim]  by  reason  of  being  out  of  the  state,  it  may 
be  presented  at  any  time  before  a  decree  of  distribution  is  entered :  Cal.  Code 
Civ.  Proc,  sec.  1493. 

No.  1395.    Affidavit  to  Creditor's  Claim  by  Personal  Representative  of 
Claimant. 

State  of  California, 
County  of  Colusa, — ss. 

Sebia  Davis,  being  first  duly  sworn,  deposes  and  says  that  she  is  the 
executrix  of  the  estate  of  Howell  Davis,  deceased,  whose  foregoing  claim 


Form  1396  Cowdery's  Form  Book.  510 

is  herewith  presented  to  the  administrator  of  the  estate  of  R.  S.  Brown- 
ing, deceased;  and  Sehia  Davis,  being  duly  sworn,  says  that  the  amount 
thereof,  to  wit,  the  sum  of  fifteen  hundred  and  four  and  forty-seven 
one-hundredths  dollars,  is  justly  due  to  tlie  said  Sebia  Davis,  as  execu- 
trix of  the  estate  of  Howell  Davis,  deceased ;  that  no  payments  have 
been  made  thereon  which  are  not  credited,  and  that  there  are  no  offsets 
to  the  same,  to  the  knowledge  of  said  claimant;  that  the  reason  said 
affiant  makes  this  affidavit  is  that  said  Howell  Davis  is  dead,  and  she 
is  executrix  of  said  estate  of  Howell  Davis,  deceased. 

Sebia  Davis. 
Subscribed  and  sworn  to  before  me  this  twenty-fifth  day  of  June. 

A.  D.  1888.  o    ,.    T..  , 

S.  M.  Bishop, 

County  Clerk. 

By  S.  S.  Russell,  Deputy. 

NOTE.— Precedent  in  Davis  \.  Browning,  91  Cal.  604,  27  Pac.  937. 

No.  1396.    Creditor's  Claim — Contingent. 
[Title  of  Court  and  Estate.] 

The  undersigned,  a  creditor  of  T.  J.,  deceased,  presents  his  claim 
against  the  estate  of  said  deceased,  for  approval  as  follows,  to  wit : 

On  June  1,  1917,  the  undersigned  and  said  deceased  entered  into  an 
agreement  in  writing,  as  follows: 

The  undersigned  conveyed  to  said  deceased  the  north  half  of  section 
six,  township  eight,  range  twelve  east,  M.  D.  B.  &  M.,  for  eight  dollars 
per  acre,  paid  by  deceased  at  the  date  of  said  conveyance.  At  the  same 
time,  and  as  part  of  said  contract  of  conveyance,  said  deceased  and  the 
undersigned  agreed  that  if  during  a  period  of  four  years  from  the  date 
of  said  deed  said  tract  of  land  should,  with  proper  cultivation,  net  de- 
ceased a  profit  of  forty  dollars  an  acre,  average  for  said  term  of  four 
years,  then  at  the  expiration  of  said  term  deceased  agreed  to  pay  the 
undersigned  ten  dollars  an  acre  for  each  acre  contained  in  said  tract. 
A  copy  of  said  conveyance  and  contract  is  hereto  attached  and  referred 
to  and  made  a  part  hereof  and  marked  Exhibit  "A." 

J.  S. 
State  of  California, 
County  of ,  ss. 

J.  S.,  whose  foregoing  claim  is  herewith  presented  to  the  administrator 

of  said  deceased,  being  dulj'  sworn,  says  that  the  amount  thereof,  , 

is  justly  to  become  due  to  said  claimant  according  to  the  obligation  de- 
scribed in  the  foregoing  claim;  tliat  no  payments  have  been  made  there- 
on which  are  not  credited,  and  that  there  are  no  offsets  to  the  same,  to 

the  knowledge  of  said  claimant. 

J.  S. 

Subscribed  and  sworn  to  before  me  this day  of ,  191—. 

,  Notary  Public. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1648. 


oil  Creditors'  Claims.  Form  1397 

No.  1397.     Creditor's  Claim  by  Executor. 
[Title  of  Court  and  Estate.] 

The  undersigned,  a  creditor  of  S.  D.,  deceased,  and  the  executor  of 
his  will,  presents  his  claim  against  the  estate  of  said  deceased,  for 
approval,  as  follows : 

On  January  14,  1912,  said  deceased  signed  and  delivered  to  claimant 
a  written  appointment  constituting  him,  said  D.,  attorney  in  fact, 
with  power  to  collect  and  receive  all  moneys  that  then  or  thereafter 
became  due  to  him,  said  D.,  and  to  receipt  for  the  same;  to  purchase 
lands  in  his,  said  D.'s,  name,  and  to  mortgage  all  or  any  of  his,  said 
D.'s,  lands  upon  such  terms  as  he,  said  claimant,  thought  fit,  and  to 
buy  and  sell  or  mortgage  all  his,  said  D.'s,  "things  in  action,"  and 
also  in  his  name  "to  make,  do  and  transact  all  and  every  kind  of  busi- 
ness of  what  nature  and  kind  soever,"  and  also  for  him,  said  D.,  to  sign, 
acknowledge  and  deliver  such  bonds,  deeds,  notes,  evidences  of  debt, 
releases  and  satisfactions  as  he,  said  claimant,  might  think  necessary. 

When  said  writing  was  executed  said  D.'s  health  was  bad,  and  from 
then  to  April  5,  1914,  when  he  died,  he  gradually  declined  and  was,  at 
one  time,  about  two  months  away  from  his  office  and  frequently  absent 
from  the  city  of  San  Francisco,  where  he  resided.  Said  power  was 
never  revoked,  and  at  his  request  claimant  attended  to  all  deceased's 
business,  when  he  was  absent,  or  unable  because  of  his  sickness,  to  at- 
tend to  it,  and  he  assisted  him  in  conducting  his  business  when  he  was 
present  and  kept  a  general  lookout  for  his  business.  During  all  of  said 
time  claimant  had  the  combination  to  the  office  and  safe  deposit  safes 
where  all  deceased's  money  and  securities  were  kept,  and  during  his 
last  sickness  claimant  had  the  exclusive  possession  and  management  of 
all  of  his  property  under  said  power.  That  the  negotiable  securities 
and  money  of  deceased's  that  claimant  was  intrusted  with  and  respon- 
sible for  under  said  power,  was  of  the  value  ever,y  day,  during  all  said 
time  of  about  $1,200,000.  That  said  services  were  reasonably  worth 
$250  a  month  during  all  the  time  from  January  14,  1912,  until  April 
4,  1914. 

Tlie  original  power  hereinabove  referred  to  is  hereunto  annexed  and 
made  a  part  hereof. 

Wherefore,  claimant  presents  this  his  said  claim  for  $6,625. 

[Signature.] 

NOTE. — In  this  class  of  demands,  if  the  judge  rejects  the  claim,  action 
thereon  may  be  had  against  the  estate.  The  summons  is  served  on  the  judge, 
who  may  appoint  an  attorney,  at  the  expense  of  the  estate,  to  defend  the  action. 
If  the  executor  does  not  recover  he  must  pay  costs  and  attorneys'  fees,  to  be 
fixed  by  the  court:  Code  Civ.  Proc,  sec.  1510.  If  he  recovers  judgment  it  is 
only  prima  facie  a  debt  against  the  estate  which  may  be  shown  by  parol  testi- 
mony to  have  been  not  authorized  by  either  law,  or  facts,  or  both.  This  is 
true  of  all  claims,  and  all  judgments  recovered  on  rejected  claims  by  either 
a  judge  or  administrator,  or  both:  Estate  of  Moore,  121  Cal.  63sj,  54  Pac.  148. 


Forms  1398, 1399       Cowdery's  Form  Book.  512 

No.  1398.    Creditor's    Claim  —  Appointment   of  Attorney  to   Defend 

Action  by  Executor. 
[Title  of  Court  and  Estate.] 

The  claim  of  J.  C,  R.,  executor  of  the  will  of  S.  D.,  deceased,  having 
been  rejected  by  the  judge  of  said  court,  and  action  thereon  havinu'  been 
commenced  against  said  estate,  and  summons  having  on  the  third  day  of 
June,  1917,  been  served  upon  the  said  judge,  it  is  ordered  that  C.  D.,  an 
attorney  at  law,  be,  and  he  is,  appointed  to  defend  said  action  at  the 
expense  of  said  estate. 

f  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1510. 

No.  1399.    Creditor's  Claim— Not  Due. 
[Title  of  Court  and  Estate.] 

The  undersigned,  a  creditor  of  T.  J.,  deceased,  presents  his  claim 
against  the  estate  of  said  deceased  for  approval,  to  wit: 

Estate  of  T.  J.,  Deceased. 

To  J.  S.,  Dr. 
To  principal  of  promissory  note,  dated  May  5,  1917,  hereto 

attached    $1,000  00 

To  interest  on  same,  from  May  5,  1917,  at  two  per  cent  per 
month  to  this  date  [which  note  is  in  the  words  and  figures 
as  follows]   30  00 


$1,030  00 
$1^000.  San  Francisco,  May  5,  1917. 

Three  years  after  date,  I  promise  to  pay  to  J.  S.,  or  order,  the  sum  of 
one  thousand  dollars,  with  interest  at  the  rate  of  two  per  cent  per  month, 
for  value  received.  T.  J. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

J.  S.,  whose  foregoing  claim  is  herewith  presented  to  the  adminis- 
tratrix of  the  estate  of  said  deceased,  being  duly  sworn,  says  that  the 
amount  thereof,  to  wit,  the  sum  of  one  thousand  dollars,  with  accruing 
interest  at  the  rate  of  two  per  cent  per  month,  on  the  sum  of  one  thou- 
sand dollars,  is  justly  due  to  said  claimant,  but  is  not  payable  until 
the  expiration  of  three  years  from  May  5,  1917 ;  that  no  payments  have 
been  made  thereon  which  are  not  credited,  and  tliat  there  are  no  offsets 
to  the  same,  to  the  knowledge  of  said  claimant. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE. — California,  Code  Civ.   Proc,  sec.   1648. 


513  Creditors'  Claims.  Forms  1400-1402 

No.  1400.     Creditor's  Claim  Wliere  Action  Pending. 

[Title  of  Court  and  Estate.] 

J.  B.  presents  this  claim  against  the  estate  of  J.  S.,  deceased,  as 
follows : 

That  at  the  time  of  the  death  of  said  J.  S.  an  action  was  pending, 
brought  by  this  affiant  against  said  deceased  in  the  superior  court  of 
the  city  and  county  of  San  Francisco,  to  recover  $1,000,  mone.y  had  and 
received  by  the  said  J.  S.  for  the  benefit  of  this  affiant.  That  said 
case  was  at  issue  at  the  time  of  the  death  of  said  decedent,  and  is  now 
ready  for  trial  in  said  covirt.  Case  No.  10,173.  Department  No.  12 
of  said  court.  [A  copy  of  the  complaint  in  said  action  ought  to  be 
set  out  in  the  claim.  If  not,  then  the  facts  upon  which  the  claim  is 
based  must  be  inserted.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1502. 

No.  1401.    Creditor's  Claim  on  Judgment. 
[Title  of  Court  and  Estate.] 

The  undersigned,  A.  S.,  a  creditor  of  J.  W.,  deceased,  presents  his 
claim  against  the  estate  of  said  deceased  for  approval,  as  follows, 
to  wit: 

[Here  insert  a  certified  copy  of  the  judgment  in  the  action — not  a 
copy  of  the  docket,  but  the  judgment,  if  under  the  practice  one  is 
made  in  the  case.] 

NOTE. — A  judgment  against  the  decedent  must  be  presented  to  the  executor 
or  administrator,  like  any  other  claim :  California,  Code  Civ.  Proc,  sec.  1505. 

No.  1402.    Creditor's  Claim  on  Lost  Promissory  Note. 
[Title  of  Court  and  Estate.] 

The  undersigned,  a  creditor  of  ,  deceased,  presents  his   claim 

against  the  estate  of  said  deceased  for  approval,  to  wit: 

To  principal  of  promissory  note,  dated  Aj^ril  1,  1907 $500  00 

To  interest  on  same  from  April  1, 1907,  to  date,  at  one  per  cent 

per  month  10  00 


$510  00 

The  following  is  a  copy  of  said  note : 
$500.  Fresno,  Cal.,  April  1,  1917. 

One  year  after  date,  for  value  received,  I  promise  to  pay  Stephen 
Sigler,  or  order,  $500,  with  interest,  at  one  per  cent  per  month. 


On  January  3,  1908,  said  note  was  in  claimant's  writing  desk,  in  his 

residence  at  ,  California,  and  was  there  accidentally  consumed  by 

a  fire  on  said  day  which  destroyed  said  residence. 

[Signature.] 

Form  Book — 33 


Forms  1403, 1404      Cowdery  's  Form  Book.  514 

State  of  California, 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  who  presents  the 

aforesaid  claim.  That  said  promissory  note  was  destroyed  as  is  slated 
in  said  claim.  That  said  claim  contains  a  copy  of  the  note  destroyed  as 
aforesaid.  That  all  the  particulars  in  said  claim  relating  to  the 
destruction  of  said  note  are  true.  That  the  amount  of  said  claim  is 
justly  due,  that  no  payments  have  been  made  thereon  which  are  not 
credited,  and  that  there  are  no  offsets  to  the  same,  to  the  knowledge  of 
the  claimant. 

Subscribed  and  sworn  to  before  me  this  day  of  ,  19 — . 

,  Notary  Public. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1497. 

No.  1403.    Creditor's  Claim — Demand  for  Vouchers  by  Executor. 

[Title  of  Court  and  Estate.] 
To  A.  B.,  Claimant: 

You  will  please  take  notice  that  the  undersigned,  executor  of  the 
will  of  S.  D.,  deceased,  requires  you  to  present  to  him  at  his  place  of 
business  No.  73  Clay  street,  San  Francisco,  California,  on  or  before 
June  3,  1917,  the  voucher  [contract],  upon  which  you  base  your  claim 
against  said  estate  for  $3,127.50.    Also  to  make  proofs  of  said  demand. 

Dated  . 

[Signature.] 

NOTE. — The  executor  may  require  satisfactory  vouchers,  or  proofs  to  be 
produced  in  support  of  the  claim;   Cal.  Code  Civ.  Proc,  sec.  1494. 

If  such  demand  is  made  for  vouchers  and  proofs  veithin  a  reasonable  time,  to 
be  stated  in  the  demand,  the  claimant  is  bound  to  produce  them.  When  they 
are  produced,  if  the  administrator  is  in  doubt,  the  matter  may  be  referred  to  a 
referee.  The  findings  of  the  referee,  if  approved  by  the  court,  are  final:  Code 
Civ.  Proc,  sec.  1508;  but  if  the  administrator  does  not  demand  vouchers  and 
proofs  rendered  (Code  Civ.  Proc,  sec.  1494),  but  rejects  the  claim,  and  if  a 
judgment  is  recovered  upon  it,  he  is  personally  liable  for  costs,  because  he  de- 
fended the  case  without  just  cause — that  is  to  say,  because  he  did  not  demand 
proofs:  Code  Civ.  Proc,  sec.  1509. 

No.  1404.    Order  for  Deposit  Where  Claimajrit  cannot  be  Found. 

[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  A.  B.,  presented  his  claim  to  the  exec- 
utor of  the  last  will  of  said  deceased,  which  claim  was  allowed  and 
approved  by  him  and  by  this  court,  and  it  has  not  been  paid,  and  said 
estate  is  ready  to  be  closed,  but  cannot  be  because  said  claimant  cannot 
be  found :  It  is  therefore  ordered  that  the  amount  of  said  claim,  includ- 
ing interest,  is,  at  the  date  of  this  order,  $1,972.55  in  gold  coin;  and 
said  executor  is  ordered  to  deposit  said  amount  with  the  county  treas- 


515  Crop  i\IoRTGAGE — Decree. 

urer  of  the  city  and  county  of  San  Francisco,  to  the  credit  of  the  said 
CD. 

Dated . 

,  Judge. 

NOTE. — Such  order  may  be  made  under  the  circumstances  set  forth.  If 
claimed,  the  deposit  will  be  paid  by  the  treasnror  to  tho  r-lainiant  within  fivo 
years  after  such  deposit.  If  not  claimed  within  five  years  it  escheats  to  the 
state:   California,  Code  Civ.  Proc,  sec.  1514, 


CROP  MORTGAGE. 

Crop  Mortgage,  No.  2718. 

DEATH. 

Notice  of  Death  of  Party,  No.  2781. 

DECLARATION... 

Declaration  of  Homestead — By  Husband,  No.  2071. 

Declaration  of  Homestead  by  Wife  on  Her  Separate  Property,  No.  2073 

Declaration  of  Homestead   by   Husband   on   Wife's   Separate   Property,   5'0. 

2074. 
Declaration  of  Homestead — By  Unmarried  Head  of  Family,  No.  2075. 
Declaration  of  Homestead  by  Person  not  Head  of  Family,  No.  2076. 
Declaration  of  Marriage  Where  There  is  no  Record,  No.  2601. 
Declaration  of  Trademark,  No.  3640. 


DECREE. 

See  Divorce;  Judgments;  Orders. 

Decree  Determining  Heirship  of  Intestate,  No.  2059. 

Decree  Empowering  Married  Woman  to  Become  Sole  Trader,  No.  3372. 

Decree  Establishing  Heirship  of  Testate,  No.  2060. 

Decree  Establishing  Notice  to  Creditors,  No.  2803. 

Decree  of  Adoption,  No.  255. 

Decree  of  Dissolution,  No.  1335. 

Decree  of  Distribution  to  Foreign  Executor,  No.  1574. 

Decree  of  Final  Discharge,  No.  1847. 

Decree  of  Final  Distribution,  No.  1573. 

Decree  of  Foreclosure  of  Mortgage,  No.  1957. 

Decree  of  Partition,  No.  2866. 

Decree  of  Settlement  of  Account,  No.  27. 

Decree  of  Settlement  of  Account  and  Final  Distribution,  No.  29. 

Decree  of  Settlement  of  Final  Account,  No.  28. 

Decree  Setting  Apart  Homestead,  No.  2992. 

Decree  Showing  Termination  of  Life  Estate,  No.  3631, 

Final  Decree  of  Divorce,  No.  1585. 


Cowdery's  Form  Book.  516 


DEEDS. 

1435.  Code  deed  or  "grant"  deed. 

3436.  Tax  deed. 

1437.  Deed — Bargain  and  sale. 

1438.  Deed  from  husband  to  wife. 

1439.  Deed  of  gift. 

1440.  Deed  of  guardian. 

1441.  Deed  of  mining  claim. 

1442.  Deed  to  incorporate  a  mining  company. 

1443.  Statutory  deed — Washington. 

1444.  Deed  by  corporation. 

1445.  Deed  by  corporation — Another  form. 

1446.  Deed  of  right  of  way. 

1447.  Quitclaim  deed. 

1448.  Quitclaim  deed — Another  form. 

1449.  Warranty  deed. 

1450.  Deed  with  warranty  against  acts  of  grantor. 

1451.  Deed  of  conveyance — Arizona. 

1452.  Quitclaim  deed — Arizona. 

1453.  Warranty  deed — Arizona. 

1454.  Quitclaim  deed— Utah. 

1455.  Grant  deed — South  Dakota. 

1456.  Deed  of  trust  to  corporation  as  trustee. 

1457.  Deed  of  trust — Three  parties — Single  individual  trustee. 

1458.  Deed  of  trust — Wyoming. 

1459.  Notice  of  trustee's  sale  under  deed  of  trust. 

1460.  Reconveyance  of  trust  premises. 

1461.  Trustee's  deed — Wyoming. 

1461a.  Warranty  deed,  with  usual  common-law  covenants. 
1461b.  Warranty  deed — Oklahoma. 
1461c.  Warranty  deed — Utah. 

1462.  Warranty  deed — Washington. 

1463.  Warranty  deed — Wyoming. 

1464.  Quitclaim  deed — Washington. 

1465.  Quitclaim  deed — ^Wyoming. 

1466.  Warranty  deed,  by  attorney  in  fact,  with  usual  covenants.     . 
1167.     Deed  of  administratrix. 

1468.  Sheriff's  deed  on  execution. 

1469.  Sheriff's  deed  on  foreclosure. 

1470.  Covenant  as  to  encroaching  building. 

1471.  Covenant  for  private  alley  in  deed  to  undivided  half. 
3472.  Covenant  not  to  obstruct  view. 

1473.  Complaint  for  breach  of  covenant  against  encumbrances. 

1474.  Complaint  for  breach  of  covenant  of  warranty. 

1475.  Answer  denying  breach  of  covenant. 

1476.  Complaint  for  breach  of  warranty  of  title  to  real  property. 

1477.  Deed  with  building  restrictions. 

1478.  Deed  of  trust  to  secure  note  issue. 

1479.  Deed  of  surface  rights  to  mining  property. 

1479a.  Deed  by  trustees  of  a  corporation  which  has  forfeited  Its  charter. 

1480.  Deed  by  grantor  whose  name  has  been  changed. 

1481.  Deed  for  conveyance  of  real  property — Colorado. 

1482.  Notice  of  trustees'  sale  of  real  estate  at  public  auction. 


517  Deeds.  Forms  1435,  1436 

No.  1435.     Code  Deed  or  "Grant"  Deod. 

I,  A.  B.,  grant  to  C.  D.  all  that  real  property  situated  in  [insert 
name  of  county]  county,  state  of  California,  bounded  [or  described] 
as  follows:  [Here  insert  description,  or  if  the  land  sought  to  be  con- 
veyed has  a  descriptive  name,  it  may  be  described  by  the  name,  as,  for 
instance,  "The  Norris  Ranch."] 

Witness  my  hand  this   [insert  day]   day  of  [insert  month],  19 — . 

"A.  B." 

NOTE.— California,  Civ.  Code,  sec.  1092. 

"Grant,"  Meaning  of. — From  the  use  of  the  word  "grant"  in  any 
conveyance  by  which  an  estate  of  inheritance  or  fee  simple  is  to  be  passed, 
the  following  covenants,  and  none  other,  on  the  part  of  the  grantor  for  him- 
self and  his  heirs  to  the  grantee,  his  heirs,  and  assigns,  are  implied,  unless 
restrained  by  express  terms  contained  in  such  conveyance:  1.  That  previous 
to  the  time  of  the  execution  of  such  conveyance,  the  grantor  has  not  conveyed 
the  same  estate,  or  any  right,  title,  or  interest  therein,  to  any  person  other 
than  the  grantee;  2.  That  such  estate  is  at  the  time  of  the  execution  of  such 
conveyance  free  from  encumbrances  done,  made,  or  suffered  by  the  grantor, 
or  any  person  claiming  under  him.  Such  covenants  may  be  sued  upon  in  the 
same  manner  as  if  they  had  been  expressly  inserted  in  the  conveyance. 

No.  1436.    Tax  Deed. 

This  indenture,  made  the  day  of ,  19 — ,  between  ,  tax 

collector  of  the   county  of  ,  state  of  California,  first  party,  and 

of  the  county  of ,  state  of ,  second  party, 

Witncsseth : 

That  whereas,  the  real  property  hereinafter  described  was  duly  sold 
and  conveyed  to  the  state  of  California  for  the  nonpayment  of  taxes 
which  had  been  legally  levied  and  which  were  a  lien  upon  said  property 
under  and  in  accordance  with  law;  and 

Whereas,  in  conformity  with  law  the  state  of  California,  acting  by 

and  through  ,  tax  collector  as  aforesaid,  did  offer  said  property, 

hereinafter  described,  for  sale  at  public  auction  to  the  highest  bidder, 
at  which  sale  said  second  party  became  the  purchaser  of  the  whole 
thereof  for  the  sum  of  $ . 

Now,  therefore,  the  said  first  party  in  consideration  of  the  premises 
and  in  pursuance  of  the  statute  in  such  case  made  and  provided,  does 
hereby  grant  to  the  said  second  party,  his  heirs  and  assigns,  that  cer- 
tain real  property  hereinbefore  referred  to,  and  situate  in  the  

county  of  ,   state   of   California,   more   particularly   described   as 

follows,  to  wit:    [Description.] 

In  witness  whereof,  said  first  party  has  hereunto  set  his  hand  the 
day  and  year  first  above  written. 

,  Tax  Collector  of  the  County  of  -. 


Forms  1437,  1438       Cowdery's  Form  Book.  518 

No.  1437.     Deed— Bargain  and  Sale. 

This  indenture,  made  tlie  fourteenth  day  of  June,  in  the  year  1917, 
between  J.  W.  R.,  of  the  town  of  Snelling,  county  of  Merced,  state  of 
California,  the  party  of  the  first  part,  and  J.  D.  W.,  of  said  town,  the 
party  of  the  second  part,  witnesseth : 

That  the  said  party  of  the  first  part,  for  and  in  consideration  of 
the  sum  of  four  hundred  and  fifty  dollars,  gold  coin  of  the  United 
States  of  America,  to  him  in  hand  paid  by  the  said  party  of  the  second 
part,  the  receipt  whereof  is  hereby  acknowledged,  does  by  these  pres- 
ents grant,  bargain,  sell,  convey,  and  confirm  unto  the  said  party  of 
the  second  part,  and  to  his  heirs  and  assigns  forever,  all  that  certain 
lot  and  parcel  of  land,  situate  in  the  said  town  of  Snelling,  in  said 
county  of  Merced,  state  of  California,  and  bounded  and  described  as 
follows,  to  wit:   [Description.] 

Together  with  all  and  singular  the  tenements,  hereditaments,  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining,  and 
the  reversion  and  reversions,  remainder  and  remainders,  rents,  issues, 
and  profits  thereof. 

To  have  and  to  hold,  all  and  singular  the  said  premises,  together  with 
the  appurtenances,  unto  the  said  party  of  the  second  part,  his  heirs 
and  assigns  forever. 

In  witness  whereof,  the  said  party  of  the  first  part  has  hereunto  set 
his  hand  and  seal,  the  day  and  year  first  above  v/ritten. 

[Signature.] 

No.  1438.    Deed  from  Husband  to  Wife. 

This  indenture,  made  this,  etc.,  between  A.  B.,  of,  etc.,  of  the  first 
part,  and  C.  B.,  the  wife  of  said  A.  B.,  of  the  second  part,  witnesseth: 

That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the 
love  and  affection  which  he  bears  toward  his  wife,  the  said  C.  B.,  and 
for  the  purpose  of  making  her  a  gift  [or,  for  the  purpose  of  compen- 
sating certain  advances  and  benefits  of  money  and  property  which  she 
brought  to  said  party  of  the  first  part  by  or  since  their  marriage,  or 
for  other  purposes,  as  may  be],  does  hereby  give,  grant,  alien,  and  con- 
vey, unto  his  wife,  said  party  of  the  second  part,  all  that  certain  prop- 
erty: [Description.] 

To  have  and  to  hold  the  same  unto  the  said  party  of  the  second  part, 
her  heirs  and  assigns,  for  her  own  sole  and  separate  use,  benefit,  and 
behoof  forever. 

To  hold  and  enjoy,  all  and  singular  the  same,  and  every  part  and 
parcel  thereof,  as  and  for  her  separate  estate,  especially  relinquishing 
for  himself  and  his  heirs  all  right  or  claim  to  the  same,  or  any  part 
thereof,  as  community  property,  so  that  the  same  may  be  held  by  her 
as  separate,  and  not  in  any  respect  as  community  property. 

In  witness  whereof  [etc.], 

[Acknowledgment.]  [Signature.] 


519  Deeds.  Forms  1439, 1440 

No.  1439.    Deed  of  Gift. 

This  indenture,  made  the  thirty -first  day  of  April,  in  the  year  1917, 
between  J.  A.  C,  of  the  county  of  Sierra,  state  of  California,  the  party 
of  the  first  part,  and  W.  C,  his  son,  of  said  county,  the  party  of  the 
second  part,  witncsseth: 

Tliat  the  said  party  of  the  first  part,  for  and  in  consideration  of  the 
love  and  affection  which  the  said  party  of  the  first  part  has  and  bears 
unto  the  said  party  of  the  second  part,  as  also  for  the  better  mainte- 
nance, support,  protection  and  livelihood  of  the  said  party  of  the  second 
part,  does  by  these  presents  give,  grant,  alien,  and  confirm  unto  the 
said  party  of  the  second  part,  and  to  his  heirs  and  assigns  forever,  all 
[description]. 

Together  with  all  and  singular  the  tenements,  hereditaments,  and  ap- 
purtenances thereunto  belonging,  or  in  any  wise  appertaining,  and  the 
reversion  or  reversions,  remainder  and  remainders,  rents,  issues,  and 
profits  thereof. 

To  have  and  to  hold,  all  and  singular,  the  said  premises,  together 
with  the  appurtenances,  unto  the  said  party  of  the  second  part,  his 
heirs  and  assigns  forever. 

In  witness  whereof  [etc.], 

[Signature.] 

No.  1440.    Deed  of  Guardian. 

This  indenture,  made  the  day  of  ,  19 — ,  at  the  county  of 

,  state  of ,  by  and  between ,  the  duly  appointed,  qualified, 

and  acting  guardian  of  the  persons  and  estates  of , ,  and , 

minors,  party  of  the  first  part,  and  ,  of  said  county,  party  of  the 

second  part,  witnesseth: 

That  whereas,  on  the  day  of  ,  19—,  the  court  of  the 

said  county  of ,  state  of ,  duly  made  an  order  of  sale,  authoriz- 
ing the  said  party  of  the  first  part  to  sell  certain  real  estate  of  the  said 

minors,  situated  in  said  county  of ,  state  of ,  and  specified  and 

particularly  described  in  said  order  of  sale. 

And  whereas,  under  and  by  virtue  of  said  order  of  sale,  and  pursuant 
to  legal  notices  given  thereof,  the  said  party  of  the  first  part,  on  the 

day   of  ,   19 — ,   at   the   auction   salesrooms   of  ,   in   said 

county,  at  twelve  o'clock  M.,  offered  for  sale,  in  one  parcel,  at  public 

auction,  and  subject  to  confirmation  by  said  court,  the  said  real 

estate,  situated  in  the  said  county,  and  specified  and  described  in  said 
order  of  sale  aforesaid ;  and  at  such  sale  the  said  party  of  the  second 
part  became  the  purcliaser  of  the  whole  of  said  real  estate,  hereinafter 

particularly   described,   for  the  sum   of  dollars    ($ ),   current 

lawful  money  of  the  United  States  of  America,  he  being  the  highest 
and  best  bidder,  and  that  being  the  highest  and  best  sum  bid. 

And  whereas  the  said  court,  upon  the  due  and  legal  return  of 

his  proceedings  under  the  said  order  of  sale,  made  by  the  said  party 
of  the  first  part  on  the  day  of  ,  19—,  after  making  the  said 


Form  1441  Cowdery's  Form  Book.  520 

sale,  upon  due  and  legal  notice  of  at  least  ten  days,  given  in  such  man- 
ner as  the  judge  of  said  court  had  directed,  did,  on  the  said  day 

of  ,  19—,  make  an  order  confirming  said  sale,  and  directing  con- 
veyances to  be  executed  to  the  said  party  of  the  second  part,  a  certified 
copy  of  which  order  of  confirmation  was  recorded  in  the  office  of  tlie 
said  county  recorder  of  the   said  county,  within  which  the  said  laud 

sold  is  situated,  on  the  ■ — ■ —  day  of  ,  19 — ,  which  said  order  of 

confirmation  now  on  file  and  of  record  in  said  recorder's  office  is  hereby 
referred  to  and  made  a  part  of  this  indenture. 

Now  therefore  the  said ,  the  guardian  of  the  persons  and  estates 

of  the  above-named  minors  as  aforesaid,  the  party  of  the  first  pra-t, 

pursuant  to  the  order  last  aforesaid  of  the  said  court,  for  and 

in  consideration  of  the  said  sum  of  dollars   ($ ),  gold  coin  of 

the  United  States  of  America,  to  him  in  hand  paid  by  the  said  party 
of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  has 
granted,  bargained,  sold,  and  conveyed,  and  by  these  presents  docs 
grant,  bargain,  sell,  and  convey,  unto  the  said  party  of  the  second  part, 
his  heirs  and  assigns  forever,  all  the  right,  title,  interest,  and  estate  of 

the  said  ,  ,  and  ,  minors,  in  and  to  all  that  certain  lot, 

piece,  or  parcel  of  land,  situated,  lying,  and  being  in  the  said  county  of 

,  state  of ,  and  bounded  and  particularly  described  as  follows, 

to  wit:  . 


Together  with  all  the  tenements,  hereditaments,  and  appurtenances 
to  the  same  belonging  or  in  any  wise  appertaining. 

In  Avitness  whereof  the  said  party  of  the  first  part,  guardian  as  afore- 
said, has  hereunto  set  his  liand  the  day  and  year  first  above  written. 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1789. 

No.  1441.    Deed  of  Mining  Claim. 

This  indenture,  made  the  eighteenth  day  of  April,  in  the  year  1917, 
between  F.  G.,  of  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, the  party  of  the  first  part,  and  W.  C,  of  Santa  Catalina,  county 
of  Los  Angeles,  state  of  California,  the  party  of  the  second  part, 
witnesseth : 

That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the 
simi  of  five  thousand  dollars,  gold  coin  of  the  United  States  of  America, 
to  him  in  hand  paid  by  the  said  party  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  does  by  these  presents  gi-ant,  bargain, 
sell,  remise,  release  and  forever  quitclaim  unto  the  said  party  of  the 
second  part  and  to  his  heirs  and  assigns,  two  hundred  (2001  feet, 
undivided,  in  that  certain  mining  claim,  vein,  lead,  or  lode,  containing 
gold  or  silver  and  other  precious  metals,  situate,  lying  and  being  in  the 
Santa  Catalina  Island  Mining  District,  in  the  Island  of  Santa  Catalina, 
county  of  Los  Angeles,  state  of  California,  and  known  as  the  "Perse- 
verance" vein,  lead,  or  lode. 


521  Deeds.  Forms  1442,  1443 

Together  with  all  the  cH]vs,  spurs,  and  angles,  and  also  all  the  metals, 
ores,  gold,  and  silver  bearing  quartz,  rock  and  earth  therein ;  and  all 
the  rights,  privileges,  and  franchises  thereto  incident,  appendant,  and 
appurtenant,  or  therewith  usually  had  and  enjoyed;  and  also  all  and 
singular  the  tenements,  hereditaments  and  appurtenances  thereto  be- 
longing or  in  any  wise  appertaining,  and  the  rents,  issues,  and  profits 
thereof. 

To  have  and  to  hold,  all  and  singular  the  said  premises,  together 
with  the  appurtenances  and  privileges  thereto  incident,  unto  the  said 
party  of  the  second  part,  his  heirs  and  assigns  forever. 

In  witness  whereof   [etc.]. 

[Signature.] 

[Acknowledgment.] 

No.  1442.     Deed  to  Incorporate  a  Mining  Company. 

This  indenture,  made  the  sixth  day  of  August,  1917,  between  the 
undersigned,  the  parties  of  the  first  part,  and  the  "W.  G.  and  S.  M. 
Company,"  the  party  of  the  second  part,  witnesseth : 

That  whereas,  the  said  "W.  G.  and  S.  M.  Company"  has  been  duly 
incorporated  under  the  laws  of  the  state  of  California,  and  it  is  in- 
tended by  this  instrument  to  transfer  to  the  said  parties  of  the  second 
part  all  the  right,  title  and  interest  of  the  said  parties  of  the  first  part, 
which  they  and  each  of  them  have  and  claim  in  and  to  the  mining 
ground  and  claim  or  lode  and  its  appurtenances,  hereinafter  described. 

Now,  therefore,  know  all  men  by  these  presents,  that  the  said  parties 
of  the  first  part  and  each  of  them  v/liose  names  are  hereunto  subscribed, 
in  consideration  of  certificates  of  stock  in  said  incorporated  company 
hereafter  to  be  issued  to  them,  their  and  each  of  their  heirs  and  as- 
signs, in  conformity  with  the  by-laws  of  said  corporation  heretofore 
adopted,  do  by  these  presents  grant,  bargain,  sell,  transfer,  remise, 
release,  and  quitclaim  unto  the  said  party  of  the  second  part,  its  suc- 
cessors and  assigns,  all  their  and  each  of  their  right,  interest,  claim, 
and  demand  whatsoever,  in  law  or  equity,  of,  in,  or  to  all  that  certain 
mining  ground,  claim,  or  lode,  situate,  lying,  and  being  in  Cove  Mining 
District,  Kern  River,  county  of  Tulare,  and  state  of  California,  and 
known  as  the  "Winter"  lead  or  lode. 

Together  with  all  the  dips,  angles,  spurs,  and  variations  of  said  min- 
ing ground,  claim,  or  lode,  and  all  and  singular  the  hereditaments  and 
appurtenances  thereunto  belonging. 

To  have  and  to  hold  the  said  premises,  with  their  appurtenances,  unto 
the  said  party  of  the  second  part,  its  successors  and  assigns  forever. 

[Signatures.] 
No.  1443.    Statutory  Deed — Washington. 

The  grantors,  ,  for  and  in  consideration  of  ,  in  hand  paid, 

bargain,  sell,  and  convey  to  the  following  described  real  estate, 

,  situated  in  the  county  of  ,  state  of  . 

Dated  this dav  of ,  39—.  ^    . 

[Signature  and  seal.] 


Form  1444  Cowdery's  Form  Book.  522 

NOTE. — Every  deed,  in  substance,  in  the  above  form  shall  convey  to  the 
grantee,  his  heirs  or  other  legal  representatives,  an  estate  of  inheritance  in  fee 
simple,  and  shall  be  adjudged  an  express  covenant  to  the  grantee,  his  heirs  or 
other  legal  representatives,  to  wit,  that  any  grantor  was  seised  of  an  inde- 
feasible estate  in  fee  simple,  free  from  encumbrance,  done  or  suffered  from 
the  grantor,  except  the  rents  and  services  that  may  be  reserved,  as  also  for 
quiet  enjoyment  against  the  grantor,  his  heirs  and  assigns,  unless  limited  by 
express  words  contained  in  such  deed;  and  the  grantee,  his  heirs,  executors, 
administrators,  and  assigns,  may,  in  any  action,  recover  for  breaches  as  if  such 
covenants  were  expressly  inserted :  See  Wash.  Rem.  Code,  sec.  8748. 

No.  1444.    Deed  by  Corporation. 

This  indenture,  made  the  day  of  ,  19 — ,  by  and  between 

the  company,  a  corporation  organized  and  existing  under  and  by 

virtue  of  the  laws  of  the  state  of  ,  and  having  its  principal  place 

of  business  in  the  county  of  ,  the  grantor,  and  ,  of  the  same 

place,  the  grantee,  witnesseth : 

That  the  grantor,  for  and  in  consideration  of  the  sum  of dollars 

($ ),  the  receipt  whereof  is  hereby   acknowledged,   does,  by  these 

presents,  grant,  bargain,  sell,  and  convey  unto  the  said  grantee,  all  that 
certain  tract,  lot,  piece,  and  parcel  of  land  situated  in  the  county  of 

• ,  state  of ,  and  bounded  and  particularly  described  as  follows, 

to  wit:  . 

Together  with  all  the  tenements,  hereditaments,  and  appurtenances 
thereunto  belonging. 

In  witness  whereof  the  grantor,  by  resolution  of  its  board  of  direct- 
ors, indorsed  hereon,  has  caused  these  presents  to  be  executed  and  to 
be  signed  by  its  president,  and  its  corporate  seal  to  be  affixed  hereto, 
the  day  and  year  herein  first  above  written. 

[Seal]  , 

By  ,  President. 

[  Acknowledgment.  ] 

Resolution. 

Resolved  that  ,   the  president  of  this   company,  be  and   he  is 

hereby  authorized  to  sell  any  or  all  lands  now  belonging  to  it,  or  which 
may  hereafter  be  conveyed  to  it,  upon  such  terms  and  for  sucli  prices 
as  he  may  deem  for  the  best  interests  of  the  said  corporation,  and  that 
the  said  president  be  and  he  is  hereby  authorized  to  make,  execute, 
and  deliver  good  and  sufficient  transfers  of,  and  deeds  to,  any  and  all 
of  the  said  property,  and  to  sic:n  the  name  of  the  said  corporation 
thereto,  and  to  affix  thereto  its  corporate  seal. 

I  hereby  certify  that  at  a  regular  meeting  of  the  directors  of  the 

■ company,   a   corporation,   the  above   resolution   was   unanimously 

adopted;  that  said  resolution  was  duly  recorded  in  the  minutes  of  said 
corporation  and  has  never  been  revoked. 

Dated  this   day  of  ,  19—. 

[Seal  of  corporation] ,  Secretary 


523  Deeds.  Form  1445 

No.  1445.    Deed  by  Corporation— Another  Form. 

This  indenture,  made  this  third  day  of  September,  1917,  by  and  be- 
tween the  Y.  B.  M.  Company,  a  corporation  duly  organized  under  the 
law  of  the  state  of  California,  whose  principal  place  of  business  is  in 
the  city  and  county  of  San  Francisco,  state  of  California,  party  of  the 
first  part,  and  J.  N.  W.  and  J.  M.  P.,  of  said  city  and  county,  parties 
of  tlie  second  part,  witnesseth: 

That  whereas,  the  said  party  of  the  first  part  is  a  corporation  duly 
incorporated  and  existing  under  and  by  virtue  of  the  laws  of  the  state 
of  California,  and  in  pursuance  of  the  statutes  in  such  cases  made  and 
provided,  has  acquired  and  is  the  owner  of  a  certain  mine  known  as  the 
Y.  B.  Mine,  situate  in  Big  Cottonwood  Mining  District,  Salt  Lake 
county,  Utah  Territory;  and  whereas,  the  board  of  trustees  of  said 
corporation,  duly  assembled,  duly  passed  the  following  resolution: 

"It  is  resolved  by  the  trustees  of  the  Y.  B.  M.  Company,  that  it  is 
for  the  best  interest  of  said  company  to  sell  and  convey  said  mine,  for 
the  sum  of  thirty  thousand  dollars,  gold  coin  of  the  United  States, 
and  apply  the  proceeds  of  such  sale  for  the  payment  of  the  debts  of 
said  company,  and  H.  N.  B.,  president,  and  J.  S.,  secretary,  of  said 
Y.  B.  M.  Company,  are  hereby  directed  and  authorized  to  make,  exe- 
cute and  deliver,  for  and  in  behalf  of  said  Y.  B.  M.  Company,  and  as 
its  act  and  deed,  to  said  W.  and  P.,  a  conveyance  of  said  mine  and 
mining  location  [give  general  description],  and  to  affix  to  said  convey- 
ance the  corporate  name  and  seal  of  said  corporation." 

Now,  therefore,  in  pursuance  of  said  resolution  aforesaid,  and  in 
consideration  of  the  sura  of  thirty  thousand  (30,000)  dollars,  United 
States  gold  coin,  paid  by  said  parties  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  the  said  party  of  the  first  part  doth 
by  these  presents  grant,  bargain,  sell,  convey  and  confirm  unto  the  said 
parties  of  the  second  part,  their  heirs  and  assigns  forever:  [Fall 
description.] 

Together  with  all  the  dips,  spurs,  and  angles,  and  also  all  the  metals, 
ores,  gold  and  silver-bearing  quartz,  rock  and  earth  therein;  and  also 
all  and  singular  the  tenements,  hereditaments  and  appurtenances  thereto 
belonging  or  in  any  wise  appertaining,  and  the  rents,  issues,  and  profits 
thereof. 

To  have  and  to  hold,  all  and  singular,  the  said  premises,  together 
with  the  appurtenances  and  privileges  thereto  incident,  unto  the  said 
parties  of  the  second  part,  their  heirs  and  assigns  forever. 

In  witness  whereof,  the  said  party  of  the  first  part,  by  resolution  of 
its  board  of  directors,  hath  caused  these  presents  to  be  subscribed  by 
its  president  and  secretary,  and  its  corporate  name  and  seal  to  be 
hereunto  affixed,  the  day  and  year  first  above  written. 

[Signature.] 

[Acknowledgment.] 

NOTE. — No  corporation  can  convey  its  'bnsinoss,  franchise  and  property, 
as  a  whole,  without  the  consent   of  those  holding  at  least   two-thirds   of   tbe 


Forms  1446, 1447       Cowdery's  Form  Book.  524 

issued  capital  stock;  such  consent  to  be  either  expressed  in  writing,  executed 
and  acknowledged  by  such  stockholders,  and  attached  to  the  conveyance,  or  by 
vote  at  a  stockholders'  meeting  of  such  corporation  called  for  the  purpose  of 
considering  such  conveyance:  See  Cal,  Civ.  Code,  sec.  361a. 

No.  1446.     Deed  of  Right  of  Way. 

Whereas,  certain  of  the  inhabitants  of  road  district  number  three  of 
San  Mateo  county,  taxable  therein  for  road  purposes,  have  petitioned 
in  w^riting  the  board  of  supervisors  [or,  commissioners  of  highways,  as 
the  case  may  be]  of  said  San  Mateo  county,  to  lay  out  a  new  road 
therein,  as  set  forth  in  their  petition,  dated  the  fourth  day  of  April, 
1917,  which  said  road  is  proposed  to  be  located  as  follows,  to  wit: 
[Description.] 

Now,  therefore,  in  consideration  of  the  location  and  establishment 
of  said  road,  as  above  described,  and  of  the  benefits  to  accrue  to  us 
and  each  of  us  by  such  location,  we,  the  undersigned,  owners,  occupants 
and  claimants  of  land  required  for  road  purposes  on  the  line  of  tlie 
foregoing  designated  route,  hereby  signify  our  approval  of  the  location 
of  said  road,  and  do  hereby  consent  thereto;  and  we  do  hereby  grant 
and  dedicate  the  lands  belonging  to  us  and  each  of  us,  so  far  as  the 
same  may  be  required  for  such  road,  to  said  county  of  San  Mateo,  to 
that  purpose  and  for  the  use  of  such  road;  and  we  hereby  waive  all 
claims  for  damage  for  and  on  account  of  the  same. 

Witness  our  hands  this  day  of ,  19 — . 

[Signatures.] 
[Acknowledgment.] 

No.  1447.     Quitclaim  Deed. 

This  indenture,  made  the  seventh  day  of  April,  in  the  year  1917, 
between  P.  R.  and  A.  R.,  his  wife,  of  the  county  of  Monterey,  state  of 
California,  parties  of  the  first  part,  and  F.  B.,  of  the  county  of  Los 
Angeles,  state  of  California,  the  party  of  the  second  part,  witnesseth: 

That  the  said  parties  of  the  first  part,  for  and  in  consideration  of 
the  sum  of  one  thousand  five  hundred  dollars,  lawful  money  of  the 
United  States  of  America,  to  them  in  hand  paid  by  tlie  said  party  of 
the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  have  re- 
mised, released,  and  forever  quitclaimed,  and  by  these  presents  do 
remise,  release,  and  forever  quitclaim,  unto  the  said  party  of  the 
second  part,  and  to  his  heirs  and  assigns,  all  [description]. 

Together  with  all  and  singular  the  tenements,  hereditaments  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining,  and 
the  rents,  issues  and  profits  thereof. 

To  have  and  to  hold,  all  and  singular  the  said  premises,  together 
with  the  appurtenances,  unto  the  said  party  of  the  second  part,  and 
to  his  heirs  and  assigns  forever. 

In  witness  whereof  [etc.], 

[Acknowledgment.] 


525  Deeds.  Forms  1448,  1449 

No.  1448.     Quitclaim  Deed— Another  Form. 

This  indenture,  made  the  twelfth  day  of  Januarj',  in  the  year  1917, 
between  R.  J.,  of  the  county  of  Napa,  state  of  California,  the  party  of 
the  first  part,  and  G.  B.,  of  the  city  and  county  of  Sacramento,  state 
of  California,  the  party  of  the  second  part,  witnesseth : 

That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the 
sum  of  two  hundred  and  fiifty-five  dollars,  lawful  money  of  the  United 
States  of  America,  to  him  in  hand  paid  by  the  said  party  of  tlie  second 
part,  the  receipt  whereof  is  hereby  acknowledged,  does  by  these  presents 
grant,  bargain,  sell,  convey,  remise,  release  and  forever  quitclaim,  unto 
the  said  party  of  the  second  part,  and  to  his  heirs  and  assigns,  all  the 
rig-ht,  title,  interest,  estate,  claim  and  demand,  both  at  law  and  in 
equity,  and  as  well  in  possession  as  in  expectancy,  of  the  said  party 
of  the  first  part,  of,  in,  and  to  all  that  certain  lot  and  parcel  of  land, 
situate  in  the  city  and  county  of  San  Francisco,  state  of  California, 
and  bounded  and  described  as  follows,  to  wit:   [Description.] 

Together  with  all  and  singular  the  tenements,  hereditaments  and  ap- 
purtenances thereunto  belonging,  or  in  any  wise  appertaining,  and  the 
rents,  issues,  and  profits  thereof. 

To  have  and  to  hold,  all  and  singular  the  said  premises,  together 
with  the  appurtenances,  unto  the  said  party  of  the  second  part,  hi3 
heirs  and  assigns  forever. 

In  witness  whereof  [etc.]. 

[Signature.] 
[Acknowledgment.] 

No.  1449.    Warranty  Deed. 

This  indenture,  made  the  fourteenth  day  of  April,  in  the  year  of  our 
Lord  1917,  between  J.  W.,  of  Monterey,  county  of  Monterey,  state  of 
California,  the  party  of  the  first  part,  and  G.  W.,  of  the  same  place, 
the  party  of  the  second  part,  witnesseth: 

That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the 
sum  of  two  thousand  six  hundred  dollars,  gold  coin  of  the  United  States 
of  America,  to  him  in  hand  paid,  by  the  said  party  of  the  second  part, 
the  receipt  whereof  is  hereby  acknowledged,  does  by  these  presents 
grant,  bargain,  sell,  convey  and  confirm  unto  the  said  party  of  the 
second  part,  and  to  his  heirs  and  assigns  forever:  [Description.] 

Together  with  all  and  singular  the  tenements,  hereditaments  and  ap- 
purtenances thereunto  belonging,  or  in  any  wise  appertaining,  and  the 
rents,  issues  and  profits  thereof. 

To  have  and  to  hold,  all  and  singular,  the  above-mentioned  and  de- 
scribed premises,  together  with  the  appurtenances,  unto  the  said  party 
of  the  second  part,  and  to  his  heirs  and  assigns  forever.  And  the  said 
party  of  the  first  part,  and  his  heirs,  the  said  premises,  in  the  quiet 
and  peaceable  possession  of  the  said  party  of  the  second  part,  his  heirs 
and  assigns,  against  the  said  party  of  the  first  part,  and  his  heirs,  and 
against  all  and  every  person  and  persons  whomsoever,  lawfully  claiming 


Forms  1450,  1451  Cowdeby's  Form  Book.  526 

or  to  claim  the  same,  shall  and  will  warrant,  and  by  these  presents 
forever  defend. 

In  witness  whereof  [etc.]. 

[Signature.] 
[Acknowledgment.] 

No.  1450.    Deed  With  Warranty  Against  Acts  of  Grrantor. 

This  indenture,  made  the  eighth  day  of  April,  in  the  year  1917,  be- 
tween R.  S.  of  the  city  and  county  of  San  Francisco,  state  of  California, 
the  party  of  the  first  part,  and  T.  R.,  of  the  same  place,  the  party  of 
the  second  part,  witnesseth: 

That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the 
sum  of  two  thousand  two  hundred  and  fifty  dollars,  gold  coin  of  the 
United  States  of  America,  to  him  in  hand  paid  by  the  said  party  of 
the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  does,  by 
these  presents,  grant,  bargain,  sell,  convey,  and  confirm  unto  the  party 
of  the  second  part,  and  to  his  heirs  and  assigns  forever,  all  that  certain 
lot,  piece,  or  parcel  of  land  situate  in  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  bounded  and  described  as  follows,  to  wit: 
[Description.] 

Together  with  all  and  singular  the  tenements,  hereditaments  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining,  and 
the  rents,  issues,  and  profits  thereof. 

To  have  and  to  hold,  all  and  singular  the  said  premises,  together 
with  the  appurtenances,  unto  the  said  party  of  tlie  second  part,  and 
to  his  heirs  and  assigns  forever.  And  the  said  party  of  the  first  part, 
for  himself  and  his  heirs,  executors,  and  administrators,  does  hereby 
covenant  and  agree  to  and  with  the  said  party  of  the  second  part,  his 
heirs,  executors,  administrators  and  assigns,  that  he  has  not  made, 
done,  committed,  executed  or  suffered  any  act  or  acts,  thing  or  things 
wliatsoever,  whereby  or  by  means  whereof  the  said  premises,  or  any 
part  or  parcel  thereof,  now  are,  or  at  any  time  hereafter  shall,  or  may, 
be  impeached,  charged,  or  encumbered  in  any  manner  or  way  what- 
soever. 

In  witness  whereof  [etc.]. 


[Acknowledgment.] 


[Signature.] 


No.  1451.    Deed  of  Conveyance — Arizona. 

For  the  consideration  of  dollars   ($ ),  I  hereby  convey  to 

the  following  tract  of  real  estate :  . 

Witness  my  hand  this  day  of  ,  19 — . 

[Signature.] 
[Acknowledgment.] 
NOTE'.— See  Ariz.  Rev.  Stats.  (Civ.  Code  1913),  par.  2065. 


527  Deeds.  Forms  1452-1456 

No.  1452.     Quitclaim  Deed — Arizona. 

For  the  consideration  of  dollars  ($ ),  I  hereby  quitclaim  to 

all  my  interest  in  the  following  tract  of  real  estate:  . 

Dated  this  day  of ,  19 — . 


[To  be  acknowledged.] 

NOTE.— See  Ariz.  Civ.  Code  1913,  par.  2065. 


[Signature.] 


Hfo.  1453.    Warranty  Deed — Arizona. 

For  the  consideration  of  dollars   ($ ),  I  do  hereby  convey 

to the  following  tract  of  real  estate, ;  and  I  warrant  the  title 

against  all  persons  whomsoever. 

Dated  this  day  of ,  19 — . 

[Signature.] 

[To  be  acknowledged.] 

NOTE.— See  Ariz.  Rev.  Stats.  (Civ.  Code  1913),  par.  2065. 

No.  1454.    Quitclaim  Deed — Utah. 

,   grantor,   hereby  quitclaims   to  ,  grantee,   for  the   sum   of 

dollars    ($ ),  the   following  described  tract  of  land  in  


county,  ,  to  wit:  . 

Witness  the  hand  of  said  grantor  this day  of ,  19 — . 

[Signature.] 

NOTE.— See  Utah  Comp.  Laws,  1907,  sec.  1982. 

Such  deed,  when  executed  as  required  by  law,  shall  have  the  effect  of  a 
conveyance  of  all  right,  title,  interest  and  estate  of  the  grantor  in  and  to  the 
premises  therein  described,  and  all  rights,  privileges,  and  appurtenances  thereto 
belonging  at  the  date  of  such  conveyance. 

No.  1455,     Grant  Deed — South  Dakota. 

This  grant,  made  the  day  of  ,  in  the  year  19^,  between 

,  of ,  of  the  first  part,  and  ,  of ,  of  the  second  part, 

witnesseth : 

That  the  party  of  the  first  part  hereby  grants  to  the  party  of  the 

second  part,  in  consideration  of dollars  ($ ),  now  received,  all 

the  real  property  situated  in and  bounded  as  follows:  . 

Witness  the  hand  of  the  party  of  the  first  part. 

[Signature.] 

No.  1456.    Deed  of  Trust  to  Corporation  as  Trustee. 

Tliis    deed    of   trust,   made   the   day   of   ,    19 — ,    by 


grantor,  to  the  company,  a  corporation  organized,  existing,   and 

acting"  under  the  laws  of  the  state  of ,  grantee,  as  trustee  for , 

beneficiary,  witnesseth : 

Tliat  said  grantor,  for  the  consideration  and  upon  the  trusts  herein- 
after set  forth,  does  hereby  grant,  bargain,  sell,  and  convey  unto  said 


Form  1456  Cowdeby's  Form  Book.  528 

grantee,  and  to  its  successors  and  assigns,  all  that  real  property  in  the 

county  of  ,  state  of  ,  and  particularly  described  as  follows, 

to  wit, ; 

Together  with  all  and  singular  the  tenements,  hereditaments,  privi- 
leges, and  appurtenances  thereunto  belonging  or  in  any  wise  appertain- 
ing, and  the  reversion  and  reversions,  remainder,  and  remainders,  rents, 
issues,  and  profits  thereof;  and  also  all  estate,  right,  title,  interest, 
homestead,  property,  possession,  claim,  and  demand  whatsoever,  as  well 
in  law  as  in  equity,  which  said  gi-antor  now  has,  or  may  hereafter 
acquire,  in  or  to  the  above-described  property,  or  any  part  thereof; 

To  have  and  to  hold  said  property  to  said  grantee,  and  to  its  succes- 
sors or  assigns,  in  trust  for  the  following  purposes : 

To  secure  the  repayment  by  said  grantor  to  said  beneficiary  of  the 

sum  of dollars  ($ ),  current  lawful  money  of  the  United  States 

of  America,  with  interest  thereon  according  to  the  terms  of  a  promis- 
sory note  of  even  date  herewith,  executed  and  delivered  by  said  gi-antor 
to  said  beneficiary,  which  sum  said  grantor  hereby  acknowledges  to 
have  borrowed  and  received  from  said  beneficiary  at  the  time  of  the 
execution  hereof;  and  also  to  secure  the  payment  by  said  grantor  of 
all  sums  of  money  and  indebtedness  herein  agreed  to  be  paid  by  him, 
and  the  performance  by  said  grantor  of  all  obligations,  covenants,  and 
agreements  by  him  herein  agreed  to  be  discharged  or  performed. 

Said  grantor  hereby  covenants  and  agrees  that  he  will  repay,  in  like 
current  lawful  money  of  the  United  States  of  America,  said  sum  so 
borrowed,  with  interest  thereon,  and  all  indebtedness  now  or  hereafter 
evidenced  by  said  promissory  note  or  any  renewal  thereof,  and  also 
will  pay  all  taxes,  assessments,  liens,  and  other  encumbrances  now  ex- 
isting, or  which  may  at  any  time  hereafter  be  laid,  assessed,  imposed, 
or  become  a  lien  or  charge  upon  tlie  premises  herein  described,  includ- 
ing all  taxes  that  may  be  laid,  levied,  or  assessed  on  this  deed  of  trust, 
or  the  debt  hereby  secured,  or  the  interest  in  said  premises  hereby 
created,  whether  such  taxes  be  assessed  to  the  owner  of  said  premises 
or  to  any  other  person,  and  that  said  grantor  will  keep  and  save  harm- 
less said  beneficiary  and  any  and  all  trustees  hereunder  from  any  and 
all  loss  or  damage  "by  reason  of  the  levy  of  any  such  tax  or  assessment. 
and  will  protect  said  premises  and  all  interest  therein  from  sale  for 
any  such  tax  or  assessment; 

Also,  that  said  grantor  will  maintain  and  keep  in  good  order  and 
repair  all  improvements  now  or  hereafter  to  be  erected  on  said  premises, 
and  will  make  such  repairs  thereon,  from  time  to  time,  as  may  be 
required  by  said  beneficiary  or  by  said  trustee ; 

Also,  that  said  grantor  will  insure  and  keep  insured  the  buildings 
now  or  hereafter  to  be  erected  on  said  premises  against  loss  by  fire, 
in  such  company  or  companies  as  shall  be  approved  by  said  beneficiary, 
its  successors  or  assigns,  in  such  amount  as  it  or  they  may  require  (not 
exceeding  the  amount  of  indebtedness  hereby  secured),  loss,  if  any,  in 
such  policies  to  be  payable  to  said  beneficiary,  its  successors  or  assigns; 


529  Deeds.  Form  1456 

and  such  policies  shall  be  delivered  to  and  held  by  it  or  them  as  further 
security  for  the  payment  of  the  indebtedness  aforesaid. 

And  if  said  grantor  shall  fail  or  neglect  to  pay,  discharge,  or  per- 
form any  of  the  obligations  or  covenants  aforesaid,  then  said  bene- 
ficiary, or  its  successors  or  assigns,  or  the  trustee  or  trustees  acting 
hereunder,  may  at  such  time  as  they  deem  best,  at  the  cost  of,  and 
without  notice  to,  said  grantor,  pay  and  discharge  any  of  the  taxes, 
assessments,  liens,  or  encumbrances  aforesaid,  or  make  the  repairs  or 
effect  the  insurance  above  mentioned,  and  perform  all  acts  they  deem 
best  for  the  protection  of  said  premises  and  improvements;  and  all 
sums  paid  and  expenses  incurred  by  them  under  this  provision  shall 
immediately  become  an  indebtedness  due  from  the  grantor,  and  bear 

interest  at  the  rate  of per  cent  per  year,  and,  with  such  interest, 

shall  be  secured  hereby. 

Said  grantor  further  covenants  and  agrees  that  if  during  the  exist- 
ence of  the  trusts  herein  set  forth  any  suit  or  proceeding  is  pending, 
or  shall  be  commenced,  relating  to  the  title  to  said  real  property  or 
any  part  thereof,  or  affecting  said  property  or  the  possession  thereof. 
or  if  any  adverse  claim  to  or  against  any  part  thereof  be  made,  said 
grantee  or  said  beneficiary  or  the  successors  or  assigns  of  either  said 
beneficiary  or  said  trustee,  at  the  cost  of,  and  without  notice  to,  said 
grantor,  may  appear  in  such  suit  or  proceeding,  or  take  action  with 
reference  to  such  adverse  claim,  and  employ  and  pay  counsel  therein, 
and  defend,  or  take  such  other  action  therein  as  they  may  be  advised, 
and  may  settle  or  compromise  the  same  and  may  purchase  such  or  any 
adverse  claim  or  title  to  said  premises  and  pay  and  expend  such  sums 
as  they  may  deem  necessary  for  any  of  the  above  purposes; 

Also,  that  said  trustee,  or  said  beneficiary,  or  the  successors  or 
assigns  of  either  said  trustee  or  said  beneficiary,  for  accoimt  of,  and 
without  notice  to,  said  grantor,  may  commence,  prosecute,  and  maintain 
any  suit  or  proceeding  necessary  or  proper  for  the  jnirpose  of  protect- 
ing, establishing,  quieting,  confirming,  or  restoring  the  record  or  other 
title  to  the  whole  or  any  part  of  said  property,  or  for  the  purpose  of 
removing  or  curing  any  defect  in  sxach  title,  or  for  the  purpose  of  re- 
storing or  establishing  the  record  evidence  of  any  suit,  proceeding, 
judgment,  order,  decree,  document,  deed,  or  paper  relating  to  or  affect- 
ing such  title;  and  all  sums  paid  and  expenses  incurred  under  this 
provision  shall  be  repaid  by  said  grantor,  with  interest  at  the  rate  of 

per  cent  per  year  from  the  date  of  such  payment,  and,  with  such 

interest,  shall  bo  secured  hereby; 

And  if  default  be  made  by  said  grantor  in  any  payment,  or  tlie 
performance  of  any  covenant  herein  required  to  be  made  or  performed 
on  his  part,  said  grantee,  or  the  trustee  acting  hereunder,  is  hereby 
authorized  to  employ  counsel  as  to  his  proper  course  hereunder,  and 
all  reasonable  fees  and  charges  paid  or  incurred  for  advice  given  or 
legal  service  rendered  by  virtue  hereof  shall  be  paid  by  said  grantor 
and  be  secured  hereby. 

Form  Book — 34 


Form  1456  Cowdery^'s  Form  Book.  530 

This  deed  of  trust  shall  continue  as  security  for  the  repayment  of 
the  money  borrowed  by  said  grantor  as  aforesaid,  and  of  all  money 
expended  or  liabilities  incurred  by  virtue  hereof,  with  interest  thereon. 

If  all  said  indebtedness,  and  all  money  paid  and  expenses  incurred, 
and  the  interest  thereon,  and  all  sums  hereby  secured,  shall  be  well 
and  truly  paid  by  said  grantor,  and  all  covenants  and  obligations  herein 
contained,  by  him  to  be  kept  and  discharged,  shall  be  duly  observed  and 
discharged  by  said  grantor,  then  said  grantee,  or  the  trustee  acting 
hereunder,  shall  reconvey  all  the  estate  and  property  hereby  granted 
unto  said  grantor,  his  heirs  or  assigns,  at  his  request  and  costs.  But 
if  said  grantor  shall  make  default  in  the  payment  of  any  of  the  in- 
debtedness aforesaid  when  due,  or  in  the  performance  of  any  cove- 
nant or  obligation  herein  contained  on  his  part  to  be  performed,  then, 
upon  the  request  of  said  beneficiary,  or  its  assigns,  said  grantee,  or  the 
trustee  acting  hereunder,  is  hereby  authorized  and  empowered  to  sell 
the  property  herein  described  as  a  whole,  or  in  such  subdivisions  or 
such  parts  thereof  as  it  shall  deem  best,  in  the  following  manner,  to  wit  : 

It  shall  establish,  as  one  of  the  conditions  of  such  sale,  that  all  bids 
and  payments  for  the  said  property  shall  be  made  in  like  current  law- 
ful money  of  the  United  States  of  America  as  aforesaid,  and  shall 
first  publish  notice  of  the  time  and  place  of  sale,  with  a  description 
of  the  property  to  be  sold,  at  least  once  a  week  for  three  successive 

weeks,  in  some  newspaper  published  in  said  county  of  ,  and  may 

from  time  to  time  postpone  such  sale  to  such  time  as  it  may  elect 
by  publishing  notice  of  such  postponement  in  the  same  newspaper ;  and 
on  the  day  of  sale  so  advertised,  or  to  which  said  sale  may  be  post- 
poned, at  the  time  and  place  designated  in  said  notice,  it  may  sell  the 
property  so  advertised,  or  any  part  thereof,  at  public  auction  to  the 
highest  bidder,  and  said  beneficiary,  or  any  other  owner  of  said  in- 
debtedness, or  any  other  person,  may  purchase  at  such  sale ;  and,  upon 
payment,  said  grantee,  or  the  trustee  acting  hereunder,  shall  execute 
and  deliver  to  the  purchaser  or  purchasers  a  deed  or  deeds  of  gi-ant. 
bargain,  and  sale  of  the  premises  so  sold,  and  out  of  tlie  proceeds  of 
sale  shall  pay, — 

1.  All  expenses  of  sale,  and  all  other  expenses  incurred  in  executing 

this  trust,  including  the  sum  of  — —  dollars   ($ ),  which  shall  be 

allowed  and  paid  as  a  counsel  fee  to  said  grantee,  or  the  trustee  acting 
hereunder,  for  legal  services  in  the  matter  of  making  said  sale. 

2.  Said  grantee,  or  trustee,  shall  then  pay  all  remaining  indebtedness 
of  the  grantor  secured  by  this  deed  of  trust,  including  all  unpaid  in- 
debtedness on  the  promissory  note  aforesaid,  or  any  renewal  thereof, 
and  all  moneys  expended  and  expenses  incurred  by  said  beneficiary, 
or  said  grantee,  or  their  successors  or  assigns,  by  virtue  of  any  pro- 
vision hereof. 

3.  The  surplus  of  said  proceeds,  if  any,  shall  then  be  paid  to  said 
grantor  or  his  assigns. 


531  Deeds.  Form  1-157 

In  the  event  of  the  sale  of  said  premises,  or  any  part  thereof,  and 
the  execution  of  a  deed  or  deeds  therefor  under  the  provisions  hereof, 
the  recitals,  in  such  deed  or  deeds,  of  default,  request  to  sell,  publica- 
tion of  notice  of  sale,  postponement,  terms  of  sale,  sale,  purchase,  pay- 
ment, and  of  any  other  fact  affecting  the  regularity  or  validity  of  such 
sale  shall  be  conclusive  evidence  of  the  facts  so  recited  against  said 
grantor  and  all  other  persons;  and  the  receipt  for  the  purchase  monev 
contained  in  any  deeds  executed  to  the  purchaser  as  aforesaid  shall 
be  a  sufficient  discharge  to  such  purchaser  from  all  oblicration  to  see 
to  the  proper  application  of  the  purchase  money,  according  to  the 
trusts  herein. 

It  is  further  covenanted  that  said  beneficiary  may,  from  time  to 
time,  appoint  another  trustee,  or  other  trustees,  to  execute  the  trusts 
herein  set  forth,  and  upon  such  appointment  and  a  conveyance  to  such 
substituted  trustee  by  the  grantee  herein,  or  its  successors  or  assigns, 
such  new  trustee  shall  be  vested  with  all  estate,  interests,  powers, 
duties,  and  trusts  herein  set  forth  and  vested  in  said  grantee,  and 
such  new  trustee  shall  thereupon  become  the  successor  and  assign  of 
said  grantee;  and  [where  the  beneficiary  is  a  corporation,  say]  a  copy 
of  a  resolution  appointing  such  substituted  trustee,  by  the  board  of 
directors  of  said  beneficiary,  duly  certified  by  the  secretary  thereof, 
under  its  corporate  seal,  attached  to  said  last-mentioned  conveyance, 
shall  be  conclusive  evidence  of  the  proper  appointment  of  such  sub- 
stituted trustee  against  the  grantor  and  all  other  persons. 

Witness  the  hand  of  said  grantor  hereunto  set  the  day  and  year 
herein  first  above  written. 

[Signature.] 

[Acknowledgment.] 

NOTE. — This  form  is  drawn  to  apply  to  a  ca?e  where  a  corporation  is  the 
trustee.  The  above  trust  deed  may  be  used  instead  of  a  mortgage.  It  conveys 
the  title,  and  need  not  be  foreclosed;  nor  is  there  a  time  for  redemption:  See 
Koch  v.  Briggs,  14  Cal.  256,  73  Am.  Dec.  651;  Savings  &  Loan  Society  v.  Bur- 
nett, 106  Cal.  514,  39  Pac.  922;  Herbert  Kraft  Ck).  v.  Bryan,  140  Cal.  73,  80, 
73  Pac.  745. 

No.  1457.    Deed  of  Trust— Three  Parties— Single  Individual  Trustee. 

This  deed  of  trust,  made  this  thirteenth  day  of  October,  in  the  year 
one  thousand  nine  hundred  and  seventeen,  between  L.  A.,  of  Alameda 
county,  California,  the  party  of  the  first  part,  and  J.  C.  R.,  of  San 
Francisco,  California,  the  party  of  the  second  part,  and  F.  R.,  of  San 
Francisco,  California,  the  party  of  the  third  part,  witnesseth:  Tiiat 
whereas  the  said  party  of  the  first  part  has  borrowed  of  the  said 
party  of  the  third  part  the  sum  of  twenty-five  thousand  (2.5,000)  dol- 
lars, in  gold  coin  of  the  United  States,  and  has  agreed  to  repay  the 
same  on  the  thirteenth  day  of  October,  in  the  year  one  thousand  nine 
hundred  and  seventeen,  to  the  said  party  of  the  third  part,  in  like 
gold  coin  with  interest  according  to  the  terms  of  a  certain  promissory 


Form  1457  Cowdery's  Form  Book.  532 

note,  of  even  date  herewith,  executed  and  delivered  therefor  by  the 
said  party  of  the  first  part. 

Now  this  indenture  witnesseth,  that  the  said  party  of  the  first  part, 
in  consideration  of  the  aforesaid  indebtedness  to  the  said  party  of 
the  third  part;  and  for  the  purpose  of  securing  the  payment  of  said 
promissory  note,  and  of  any  sum  or  sums  of  money,  with  interest 
thereon,  that  may  now  or  hereafter  be  paid  or  advanced  by,  or  may 
otherwise  be  due  to,  the  parties  of  the  second  or  third  part  under  the 
provisions  of  this  instrument,  does  by  these  presents  grant  unto  the 
party  of  the  second  part,  and  to  his  successors  and  assigns,  the  piece 
or  parcel  of  land  situated  in  Murray  township,  county  of  Alameda, 
and  state  of  California,  described  as  follows:   [Description.] 

And  also,  all  the  interest,  or  other  claim  or  demand,  which  the  said 
party  of  the  first  part  now  has  or  may  hereafter  acquire  of,  in  and 
to  said  premises  with  the  appurtenances. 

To  have  and  to  hold,  the  same  to  the  party  of  the  second  part  and 
to  his  successors  and  assigns  [if  a  plural  number  of  the  second  party 
and  to  the  survivors  of  them  in  joint  tenancy],  upon  the  trusts  and 
confidence  hereinafter  expressed,  to  wit: 

Firstly,  during  the  continuance  of  these  trusts,  the  party  of  the 
second  part  and  the  party  of  the  third  part,  their  successors  and  as- 
signs, are  hereby  authorized  to  pay,  without  previous  notice  all  or 
any  liens,  and  all  or  any  encumbrances  now  subsisting,  or  that  may 
hereafter  exist  upon  said  premises  (excepting  taxes  and  assessments 
imposed  upon  this  deed  of  trust  or  the  money  secured  hereby)  which 
may  in  their  judgment,  affect  said  premises  or  these  trusts;  and  they 
may  in  their  discretion  at  the  expense  of  said  party  of  the  first  part, 
contest  the  payments  of  any  such  liens  or  encumbrances,  or  may  defend 
any  suit  or  proceeding  that  they  may  consider  proper  to  protect  the 
title  to  said  premises,  and  may  insure  buildings  on  said  premises,  and 
these  trusts  shall  be  and  continue  as  security  to  the  party  of  the  tliird 
part,  and  his  assigns,  for  the  repayment,  in  gold  coin  of  the  United 
States,  of  the  money  so  borrowed  by  the  said  party  of  the  first  part 
and  the  interest  thereon,  and  of  all  amounts  so  paid  out  and  costs 
and  expenses  incurred,  as  aforesaid,  witli  interest  on  such  payment 
at  the  rate  of  one  per  cent  per  month  until  final  payment. 

Secondly,  in  case  the  said  party  of  the  first  part  shall  well  and  truly 
pay,  or  cause  to  be  paid,  at  maturity,  in  gold  coin  as  aforesaid,  all 
sums  of  money  so  borrowed,  as  aforesaid,  and  the  interest  thereon, 
and  shall  upon  demand  repay  all  other  moneys  secured  or  intended  to 
be  secured  hereby  and  also  the  reasonable  expenses  of  this  trust,  then 
the  party  of  the  second  part  [if  there  is  more  than  one  trustee,  add, 
"or  the  survivor  of  them  in  joint  tenancy"],  his  successors  and  as- 
signs, shall  reconvey  all  the  estate  in  the  premises  aforesaid  to  the 
party  of  the  first  part  at  his  request  and  cost. 

Thirdly,  if  default  shall  be  made  in  the  payment  of  any  of  said 
sums  of  principal  or  interest,  when  due,  in  the  manner  stipulated  in 


533  Deeds.  Form  1457 

said  promissory  note,  or  in  the  reimbursements  of  any  amoinits  lierein 
provided  to  be  paid,  or  of  any  interest  thereon;  then  the  said  party 
of  the  second  part,  his  successors  or  assigns,  on  application  of  the 
party  of  the  third  part,  or  his  assigns,  shall  sell  the  above-gi-antcd 
premises,  or  such  part  thereof  as  in  his  discretion  he  shall  find  it 
necessary  to  sell  in  order  to  accomplish  the  objects  of  these  trusts,  in 
the  manner  following,  namely:  He  shall  first  publish  the  time  and 
place  of  such  sale,  with  a  description  of  the  property  to  be  sold,  at 
least  once  a  week  for  four  weeks,  in  some  newspaper  published  in  the 
said  county  of  Alameda,  and  may  from  time  to  time  postpone  such 
sale  by  publication;  and  on  the  day  of  sale  so  adve7tised,  or  any  day 
to  which  such  sale  may  be  postponed  he  may  sell  the  property,  so 
advertised,  or  any  portion  thereof  at  public  auction,  in  any  county 
where  any  part  of  said  property  may  be  situated,  to  the  highest  cash 
bidder;  and  the  holder  or  holders  of  said  promissory  note,  his  agents 
or  assigns  and  the  party  of  the  second  part  may  bid  and  purchase  at 
such  sale. 

And  the  party  of  the  second  part,  or  assigns,  shall  establish  as  one 
of  the  conditions  of  such  sale,  that  all  bids  and  payments  for  the  said 
property  shall  be  made  in  like  gold  coin  as  aforesaid,  and  upon  such 
sale  he  shall  make,  execute,  and  after  due  payment  made,  shall  deliver 
to  the  purchaser  or  purchasers,  his  or  their  heirs  and  assigns,  a  deed 
or  deeds  of  grant,  bargain  and  sale  of  the  above-granted  premises, 
and  out  of  the  proceeds  thereof  shall  pay, 

First,  the  expenses  thereof,  together  with  the  reasonable  expenses 
of  this  trust,  including  counsel  fees  of  five  hundred  dollars,  in  gold 
coin,  which  shall  become  due  upon  any  default  made  by  the  said  party 
of  the  first  part  in  any  of  the  payments  aforesaid. 

Second,  all  sums  which  may  have  been  paid  by  the  said  party  of 
the  second  or  third  part,  their  successors  or  assigns,  or  the  holders 
of  the  note  aforesaid,  and  not  reimbursed,  and  which  may  then  be 
due,  whether  paid  on  account  of  encumbrances  or  insurance,  as  afore- 
said, or  in  the  performance  of  any  of  the  trusts  herein  created,  and 
with  whatever  interest  may  have  accrued  thereon,  next  the  amount  due 
and  unpaid  on  said  promissory  note,  with  whatever  interest  may  liavc 
accrued  thereon;  and  lastly  the  balance  or  surplus  of  such  proceeds, 
if  any,  to  said  party  of  the  first  part,  his  heirs  or  assigns. 

And  in  the  event  of  the  sale  of  said  premises  or  any  part  thereof, 
and  the  execution  of  a  deed  or  deeds  therefor,  under  these  trusts,  then 
the  recitals  therein  of  default  and  publication  shall  be  conclusive  proof 
of  such  default  and  of  the  due  publication  of  such  notice;  and  of  any 
such  deed  or  deeds  with  such  recitals  tlierein  shall  be  effectual  and 
conclusive  against  the  said  party  of  the  first  part,  his  heirs  or  assigns, 
and  all  other  persons;  and  the  receipt  for  the  purchase  money  con- 
tained in  any  deeds  executed  to  the  purchaser,  as  aforesaid,  shall  be 
a  sufficient  discharge  to  such  purchaser  from  all  obligations  to  see  to 


Forms  1458, 1460  Cowdeby's  Form  Book.  534 

the  proi^er  application  of  the  purchase  money,  according  to  the  trusts 
aforesaid. 

In  witness  whereof  [etc.], 

[Signature.] 

No.  1458.     Deed  of  Trust— Wyoming. 

This  deed,  made  the  day  of  ,  in  the  year  of ,  between 

• ,  of  the  one  part,  and  ,  of  the  other  part,  witnesseth : 

That  the  said doth  grant  unto  the  said the  following  prop- 
erty,   ,  in  trust  to  secure  . 

Witness  the  following  signature  and  seal. 

[Signature  and  seal.] 

NOTE. — This  is  the  form  of  deed  in  Wyoming  to  secure  debts  or  to  indem- 
nify sureties:  See  Wyo.  Comp.  Stats.  1910,  sec.  3688. 

No.  1459.    Notice  of  Tnistee's  Sale  Under  Deed  of  Trust. 

Whereas  ,  of  the  county  of  ,  state  of  ,  did  execute  a 

certain  deed  of  trust  bearing  date  the  day  of  ,  19 — ,  to  

and  ■ -,  as  trustees,  for  the  benefit  and  security  of  the  com- 
pany, a  corporation,  which  deed  of  trust  was  recorded  in  the  office 

of  the  county  recorder  of  the  county  of  ,  state  of  ,  on  the 

day  of ,  19 — ,  in  liber of  trust  deeds,  at  page ;  and 

Whereas  the  said  died  on  the  day  of  ,  19 — ,  and  the 

said  then  became  the  sole  surviving  trustee  under  said  deed  of 

trust;  and 

Whereas  default  has  been  made  by  the  said  in  the  payment 

of  the  promissory  notes  secured  by  said  deed  of  trust,  and  the  board 

of  directors  of  the  said  company  did,  on  the  day  of  , 

191 — ,  by  resolution,  demand  that  said  trustee,  ,  should  forthwith 

proceed  to  sell  the  lands  in  said  deed  of  trust  described: 

Now,  therefore,  pursuant  to  the  said  resolution,  and  in  accordance 
with  the  terms  and  under  the  authority  of  the  said  deed  of  trust,  the 
said  ,  as  such  trustee,  does  hereby  give  notice  that  on  ,  the 

day  of  ,  19 — ,  at  the  hour  of  o'clock  in  the  forenoon 

of  said  day,  at  ,  in  the  county  of  ,  state  of  ,  he  will  sell 

at  public  auction  to  the  highest  bidder,  for  current  lawful  money  of 
the  United  States  of  America,  all  that  certain  piece,  i^arcel,  tract,  and 

lot  of  land  situated,  lying,  and  being  in  the  county  of  ,  state  of 

,  and  particularly  described  as  follows,  to  wit:  . 

Dated  . 

[Signature.] 

No.  1460.    Reconveyance  of  Trust  Premises. 

Know  all  men  by  these  presents,  tliat  whereas  all  the  indebtedness 

secured  to  be  paid  by  the  deed  of  trust  executed  by to  us,  , 

• ,  and  ,  of  the  county  of  ,  state  of  ,  bearing  date  the 

day  of  ,  19—,  and  recorded  in  the  office  of  the  recorder  of 


535  Deeds.  Forms  1461,  1461a 

county,  state  of  ,  in  liber  of  deeds,  at  pages  to 

• ,  both  inclusive,  has  been  paid : 

Now  therefore,   in  consideration   of  one   dollar  to   us  paid  by  said 
-,  receipt  whereof  is  hereby  acknowledged,  we,  the  said 


and  ,   do  by  these  presents  grant,   remise,   release,   and   reconvey 

to  him   all  the  estate  and  interest  derived  to  us  by  or  through   said 

deed  of  trust  in  the  lands  situated  in  the  county  of ,  state  of , 

and   described   as   follows:   ;   being   the   same   land   and   premises 

described  in  the  aforesaid  deed  of  trust. 

Together    with    the    tenements,    hereditaments,    and    appurtenances 
thereunto  belonging. 

Witness  our  hands  this  day  of  ,  19 — . 

[Signatures.] 

No.  1461.    Trustee's  Deed — Wyoming. 

This  deed,  made  the  day  of ,  19—,  between  ,  trustee, 

of  the  first  part,  and ,  of  the  second  part,  witnesseth : 

Whereas,  the  said  trustee,  by  virtue  of  the  authority  vested  in  him 

by  the  deed  of  trust  hereinafter  mentioned,  made  on  the  ■ day  of 

,  19 — ,  did  sell,  as  required  by  law,  a  certain  tract  of  land  situ- 
ated in  the  county  of ,  state  of ,  conveyed  by to  the  said 

,  trustee,  by  deed  bearing  date  the  day  of  ,  19 — ,  and 

recorded  in  deed  book  ,  on  page  ,  in  the  office  of  the  re- 
corder of  the  county  of  ,  and  bounded   and  described  therein  as 

follows:  ;  at  which  sale  the  said  became  the  purchaser  for 

the  sum  of  dollars  ($ )  : 

Now  therefore  this  deed  witnesseth  that  the  said  trustee  hereby  con- 
veys  and   grants   to   the  said   the   said   real   estate   hereinbefore 

described,   with    all    right,   title,   and   interest   held   by   the   said   

therein;  to  have  and  to  hold  the  said  real  estate  and  premises  unto 
the  said  ,  his  heirs  and  assigns  forever. 

Witness  the  following  signature  and  seal. 

[Signature  and  seal.] 

NOTE.— See  Wyo.  Comp.  Stats.  1910,  sec.  3691. 

No.  1461a.    Warranty  Deed,  With  Usual  Common-law  Covenants. 

This  deed,  made  the  day  of  ,  19 — ,  by  ,  grantor,  to 

• ,  grantee,  witnesseth: 

That  said  grantor,  in  consideration  of  dollars   ($ )  to  him 

paid,  the  receipt  whereof  is  hereby  acknowledq^ed,  does  hereby  gi-ant, 
bargain,  sell,  and  convey  unto  said  grantee,  and  his  heirs  and  assigns, 

all  that  real  property  situate  in  the  county  of ,  state  of ,  and 

described  as  follows: ; 

Together  with  all  tenements,  hereditaments,  and  appurtenances 
thereunto  belonging. 

And  said  grantor,  for  himself,  and  his  heirs,  hereby  covenants  with 
said  grantee,  his  heirs  and  assigns,  that  said  grantor  is  lawfully  seised 


Forms  1461b,  1461c     Cowdery's  Form  Book.  536 

in  fee  simple  of  the  above-described  premises;  that  he  has  a  good  right 
to  convey;  that  said  premises  are  free  from  all  encimibrances ;  that 
said  grantee,  and  his  heirs  and  assigns,  shall  quietly  enjoy  the  same 
without  lawful  disturbance;  that  said  grantor  and  his  heirs,  and  all 
persons  acquiring  any  interest  in  the  property  granted,  through  or 
for  said  grantor,  will,  on  demand  of  said  grantee,  or  his  heirs  or  as- 
signs, and  at  the  expense  of  said  grantee,  his  heirs  or  assigns,  execute 
any  instrument  necessary  for  the  further  assurance  of  the  title  to 
said  premises  that  may  be  reasonably  required;  and  that  said  grantor 
and  his  heirs  will  forever  warrant  and  defend  all  of  said  property 
so  gTanted  to  the  said  grantee,  his  heirs  and  assigns,  against  every 
person  lawfully  claiming  the  same. 

Witness  my  hand  this  day  of ,  19 — . 

[Signature.] 
[Acknowledgment.] 

NOTE. — Certain  covenants  contained  in  grants  of  estates  in  real  property, 
siich  as  covenants  "of  warranty,"  "for  quiet  enjoyment,"  and  for  "further 
assurance"  on  the  part  of  a  grantor,  are  appurtenant  to  such  estates,  and  run 
with  the  land,  so  as  to  bind  the  assigns  of  the  covenantor,  and  to  vest  in  the 
assigns  of  the  covenantee,  in  the  same  manner  as  if  they  had  personally  entered 
into  them:  See  Cal.  Civ.  Code,  sees.  1460,  1463.  Covenants  for  the  payment  of 
rent,  and  of  taxes  or  assessments  upon  the  land,  on  the  part  of  a  grantee, 
also  run  with  the  land:  See  Cal.  Civ.  Code,  sec.  1463. 

No.  1461b.     Warranty  Deed— Oklahoma. 

Know  all  men  by  these  presents  that ,  party  of  the  first  part,  in 

consideration  of  the  sum  of  dollars    ($ ),  in  hand  paid,  the 

receipt  of  which  is  hereby  acknowledged,  does  hereby  grant,  bargain, 

sell,  and  convey  unto  the  the  following  described  real  property 

and  premises,  situated  in  county,  state  of  ,  to  wit:  ; 

Together  with  all  the  improvements  thereon  and  the  appurtenances 
thereunto  belonging,  and  warrant  the  title  to  the  same; 

To  have  and  to  hold  said  described  premises  unto  the  said  party 
of  the  second  part,  his  heirs  and  assigns  forever,  free,  clear,  and  dis- 
charged of  and  from  all  former  grants,  charges,  taxes,  judgments, 
mortgages,  and  other  liens  and  encumbrances  of  whatsoever  nature. 

Signed  and  delivered  this  day  of ,  19 — . 


[Signature.] 


NOTE.— Oklahoma,  Harris  &  Day's  Code  1910,  sec.  1184. 


No.  1461c.    Warranty  Deed— Utah. 

,  grantor,  hereby  conveys   and  warrants  to  ,  grantee,   for 

the  sum  of dollars  ($ ),  the  following  described  tract  of  land 

in  coianty,  ,  to  wit:  . 

Witness  the  hand  of  said  grantor  this day  of ,  19 — . 

[Signature.] 


537  Deeds.      ^— ^  Forms  1462-1464 

NOTE.— See  Utah  Comp.  Laws  1007.  soc.  1981. 

Such  deed,  when  executed  as  required  by  law,  shall  have  the  effect  of  a  con- 
veyance in  fee  simple  to  the  grantee,  hi«  heirs  and  assigns,  of  the  premises 
therein  named,  together  with  all  the  appurtenances,  rights  and  privileges 
thereto  belonging,  with  covenants  from  the  grantor,  his  heirs  and  personal 
representatives,  that  he  is  lawfully  seised  of  the  premises;  that  ho  has  guod 
right  to  convey  the  same;  that  he  guarantees  the  grantee,  his  heirs  and  as- 
signs, in  the  quiet  possession  thereof;  that  the  premises  are  free  from_  all 
encumbrances;  and  that  the  grantor,  his  heirs  and  personal  representatives, 
will  forever  warrant  and  defend  the  title  thereof  in  the  grantee,  his  heirs  and 
assigns,  against  all  lawful  claims  whatsoever.  Any  exceptions  to  such  cov& 
nants  may  be  briefly  inserted  in  such  deed  following  the  description  of  the 
land. 

No.  1462.    Warranty  Deed — Washington. 

The  grantor,  ,  for  and  in  consideration  of  ,  in  hand  paid, 

conveys  and  warrants  to the  following  described  real  estate,  , 

situated  in  the  county  of ,  state  of . 

Dated  this  day  of ,  19 — . 

[Signature   and  seal.] 

NOTE'.— See  Wash.  Rem.  Code,  sec.  8747. 

Every  deed  in  substance  in  the  above  form,  when  otherwise  duly  executed, 
shall  be  deemed  and  held  a  conveyance  in  fee  simple  to  the  grantee,  his  heirs 
and  assigns,  with  covenants  on  the  part  of  the  grantee, — 1.  That  at  the  time 
of  the  making  and  delivery  of  such  deed  he  wtis  lawfully  seised  of  an  inde- 
feasible estate  in  fee  simple  in  and  to  the  premises  therein  described,  and  had 
good  right  and  full  power  to  convey  the  same;  2.  That  the  saine  were  then 
free  from  all  encumbrances;  3.  That  he  warrants  to  the  grantee,  hisheir.s  and 
assigns,  the  quiet  and  peaceable  possession  of  such  premises,  and  will  defend 
the  title  thereto  against  all  persons  who  may  lawfully  claim  the  same;  and 
such  covenants  shall  be  obligatorj-  upon  any  grantor,  his  heirs  and  personal 
representatives,  as  fully  and  with  like  effect  as  if  written  at  full  length  in 
such  deed. 

No.  1463.    Warranty  Deed— Wyoming. 

,  grantor,  for  and  in  consideration  of  ,  in  hand  paid,  con- 
veys and  warrants  to  ,  grantee,  the  following  described  real  estate, 

,  situate  in  the  county  of  ,  state  of  ;  and  hereby  releas- 
ing and  waiving  all  rights  under  and  by  virtue  of  the  homestead 
exemption  laws  of  said  state. 

Dated  this  day  of ,  19 — , 

[Signature.] 


In  presence  of  . 

jq-QTE. — See  Wyo.  Com.p.  Stats.  1910,  sec.  3658. 

No.  1464.     Quitclaim  Deed— Washington. 

The  grantor,  ,  for  the  consideration  of  ,  conveys  and  quit- 
claims  to   all   interest   in    the    following   described   real    estate, 

namely:  ,  situated  in  the  county  of ,  state  of . 

Dated  this  day  of :,  19—. 

[Sitrnatnre   and   seal.] 


Forms  1465,  1466  Cowdeby's  Form  Book.  538 

NOTE.— See  Wash.  Eem.  Code,  sec.  8749. 

Every  deed,  in  Fubstance  in  form  as  given,  when  otherwise  duly  executed, 
shall  be  deemed  and  held  a  good  and  sufficient  conveyance,  release  and  quit- 
claim to  the  grantee,  his  heirs  and  assigns,  in  fee  of  all  the  then  existing  legal 
or  equitable  rights  of  the  grantor  in  the  premises  therein  described,  but  shall 
not  extend  to  after-acquired  title  unless  words  are  added  expressing  such 
intention. 

No.  1465.     Quitclaim  Deed — Wyoming. 

,  grantor,  for  the  consideration  of  ,  conveys  and  quitclaims 

to  all  interest  in  the  following  described  real  estate,  ,  situate 

in  the  county  of  ,  in  the  state  of  ;   hereby  relinquishing  and 

waiving  all  rights  under  and  by  virtue  of  the  homestead  exemption  of 
said  state. 

Dated  this  day  of ,  19 — . 

[Signature.] 

In  presence  of  . 

NOTE.— See  Wyo.  Comp.  Stats.  1910,  sec.  3660. 

No.  1466.  Warranty  Deed,  by  Attorney  in  Fact,  With  Usual  Cove- 
nants. 

This  indenture,  made  the  day  of  ,  191 — ,  between of 

,   county  of  ,   state  of  ,   and  ,  of  ,   county   and 

state   aforesaid,   by  their  attorney  in   fact,  ,   parties   of  the   first 

part,  and  ,  of ,  and  ,  of ,  county  and  state  aforesaid, 

parties  of  the  second  part,  witnesseth : 

That  the  said  parties  of  the  first  part,  for  and  in  consideration  of 

the  sum  of  dollars   ($ ),  current  lawful  money  of  the  United 

States  of  America,  to  them  in  hand  paid  by  the  said  parties  of  the 
second  part,  at  or  before  ensealing  and  delivery  of  these  presents,  the 
receipt  whereof  is  hereby  acknowledged,  have  gi'antcd,  bargained,  sold, 
aliened,  conveyed,  and  confirmed,  and  by  these  presents  do  grant,  bar- 
gain, sell,  alien,  convey,  and  confirm  unto  the  said  parties  of  the  second 
part,  and  to  their  heirs  and  assigns  forever,  all  that  certain  lot,  tract, 
piece,  and  parcel  of  land  situated,  lying,  and  being  in  the  county  of 
,  state  of ,  and  particularly  described  as  follows,  to  wit:  ; 

Togetlier  with  all  the  tenements,  hereditaments,  and  apimrtenances 
thereunto  belonging. 

And  the  said  parties  of  the  first  part,  for  their  heirs,  executors,  and 
administrators,  do  covenant,  grant,  and  agree  to  and  with  the  said 
parties  of  the  second  part,  their  heirs  and  assigns,  tliat  the  said  parties 
of  the  first  part,  at  the  time  of  the  sealing  and  delivery  of  these  pres- 
ents, arc  lawfully  seised  in  fee  simple  absolute  of  and  in  all  the  above 
granted  and  described  premises,  with  the  appurtenances,  and  have 
good  right,  full  power,  and  lawful  authority  to  grant,  bargain,  sell,  and 
convey  the  same,  in  manner  aforesaid ;  and  that  the  said  parties  of  the 
second  part,  their  heirs  and  assigns,  shall  and  may,  at  all  times  here- 


539  Deeds.  Form  1467 

after,  peaceably  and  quietly  have,  hold,  use,  occupy,  possess,  and  enjoy 
the  above-granted  premises,  and  every  part  and  parcel  thereof,  with  the 
appurtenances,  without  any  let,  suit,  trouble,  molestation,  eviction,  or 
disturbance  of  the  said  parties  of  the  first  part,  their  heirs  and  as- 
signs, or  of  any  otlier  person  or  persons  lawfully  claiming  the  same; 
and  that  the  same  now  are  free,  clear,  discharged,  and  unencumbered 
of  and  from  all  former  and  other  grants,  titles,  charges,  estates,  judg- 
ments, taxes,  assessments,  and  encumbrances,  of  what  nature  or  kind 
soever. 

And  also  that  the  said  parties  of  the  first  part,  and  their  heirs,  and 
all  and  every  person  or  persons  whomsoever  lawfully  or  equitably  deriv- 
ing any  estate,  right,  title,  or  interest  of,  in,  or  to  the  hereinbefore 
granted  premises,  by,  from,  under,  or  in  trust  for  them,  shall  and  will, 
at  any  time  or  times  hereafter,  upon  the  reasonable  request,  and  at 
the  proper  costs  and  charges  in  the  law,  of  the  said  parties  of  the 
second  part,  their  heirs  and  assigns,  make,  do,  and  execute,  or  cause 
to  be  made,  done,  and  executed,  all  and  every  such  further  and  other 
lawful  and  reasonable  acts,  conveyances,  and  assurances,  in  the  law, 
for  the  better  and  more  effectually  vesting  and  confirming  the  premises 
hereby  granted,  or  so  intended  to  be,  in  and  to  the  said  parties  of  the 
second  part,  their  heirs  and  assigns  forever,  as  by  the  said  parties  of 
the  second  part,  their  heirs  or  assigns,  or  their  counsel  learned  in  the 
law,  shall  be  reasonably  advised  or  required;  and  the  said  parties  of 
the  first  part,  and  their  heirs,  shall  and  will  warrant,  and  by  these 
presents  forever  defend,  the  above  described  premises,  and  every  part 
and  parcel  thereof,  with  the  appurtenances,  unto  the  said  parties  of 
the  second  part,  their  heirs  and  assigns,  against  the  said  parties  of 
the  first  part,  and  their  heirs,  and  against  all  and  every  person  and 
persons  whomsoever  lawfully  claiming  the  same. 

Witness  our  hands  the  day  and  year  first  above  written. 


By ,  Their  Attorney  in  Fact. 

No.  1467.    Deed  of  Administratrix. 

This  indenture,  made  the  twentieth  day  of  January,  1917,  at  the  city 
and  county  of  San  Francisco,  state  of  California,  by  and  between 
M.  J.,  the  duly  appointed,  qualified,  and  acting  administratrix  of  the 
estate  of  T.  J.,  deceased,  late  of  the  city  and  county  aforesaid,  the 
party  of  the  first  part,  and  S.  S.  W.,  of  the  same  place,  the  party  of 
the  second  part,  witnesseth: 

That  whereas,  on  the  seventh  day  of  December,  1916,  the  superior 
court  of  the  city  and  county  of  San  Francisco,  state  of  California, 
made  an  order  of  sale  authorizing  the  said  party  of  the  first  part  to 
sell  certain  real  estate  of  the  said  T.  J.,  deceased,  situated  in  said  city 
and  county  of  San  Francisco,  state  of  California,  and  specified  and 
particularly  described  in  said  order  of  sale,  either  in  one  parcel  or  in 
subdivisions,  as  the  said  party  of  the  first  part  should  judge  most  bene- 


Form  1467  Cowdeey  's  Form  Book.  540 

fieial  to  said  estate,  and  which  said  order  of  sale,  now  on  file  and  of 
record  in  the  said  superior  court,  is  hereby  referred  to  and  made  a 
part  of  this  indenture. 

And  whereas,  under  and  by  virtue  of  said  order  of  sale,  and  pursuant 
to  legal  notices  thereof,  the  said  party  of  the  first  part,  on  the  fourth 
day  of  January,  1917,  at  the  auction  salesroom  of  J.  M.,  in  said  city  and 
county,  between  the  hours  of  nine  o'clock  in  the  morning  and  the  set- 
ting of  the  sun  on  the  same  day,  to  wit:  at  twelve  o'clock  M.,  offered 
for  sale  in  one  parcel  (judging  it  most  beneficial  to  said  estate),  at 
public  auction,  and  subject  to  confirmation  of  said  superior  court,  the 
said  real  estate,  situated  in  the  said  city  and  county,  and  specified  and 
described  in  said  order  of  sale  as  aforesaid,  and  at  such  sale  the  said 
party  of  the  second  part  became  the  purchaser  of  the  whole  of  said  real 
estate  hereinafter  particularly  described,  for  the  sum  of  six  thousand 
five  hundred  and  seventy-five  dollars,  United  States  gold  coin,  he  being 
the  highest  and  best  bidder,  and  that  being  the  highest  and  best  sum 
bid. 

And  whereas,  the  said  superior  court,  upon  the  due  and  legal  return 
of  her  proceedings  under  the  said  order  of  sale,  made  by  the  said  party 
of  the  first  part  on  the  fifth  day  of  January,  1917,  after  making  the 
said  sale,  and  upon  due  and  leeal  notice  of  at  least  ten  days,  given  as 
the  law  requires,  did,  on  the  eighteenth  day  of  January,  nineteen  hun- 
dred and  seventeen,  make  an  order  confirming  said  sale,  and  directing 
conveyances  to  be  executed  to  the  said  party  of  the  second  part;  a  cer- 
tified copy  of  which  order  of  confirmation  was  recorded  in  the  office  of 
said  county  recorder  of  said  city  and  county,  within  which  the  said 
land  sold  is  situated,  on  the  nineteenth  day  of  January,  1917,  which 
said  order  of  confirmation  now  on  file  and  of  record  in  said  recorder's 
office,  are  hereby  referred  to  and  made  a  part  of  this  indenture. 

Now,  therefore,  the  said  M.  J.,  administratrix  of  the  estate  of  said 
T.  J.,  deceased,  as  aforesaid,  the  party  of  the  first  part,  pursuant  to 
the  order  last  aforesaid,  of  the  said  superior  court,  for  and  in  considera- 
tion of  the  sum  of  six  thousand  five  hundred  and  seventy-five  (6,575) 
dollars,  United  States  gold  coin,  to  her  in  hand  paid  by  the  said  party 
of  the  second  part,  receipt  whereof  is  hereby  acknowledged,  has  granted, 
bargained,  sold,  and  conveyed,  and  by  these  presents  does  grant,  bar- 
gain, sell,  and  convey  unto  the  said  party  of  the  second  part,  his  heirs 
and  assigns  forever,  all  the  right,  title,  interest,  and  estate  of  the  said 
T.  J.,  deceased,  at  the  time  of  his  death,  and  also  all  the  right,  title, 
and  interest  that  the  said  estate,  by  operation  of  law  or  otherwise,  may 
have  acquired,  other  than,  or  in  addition  to,  that  of  said  intestate,  at 
the  time  of  his  death,  in  and  to  all  that  certain  lot,  piece,  or  parcel  of 
land  situate,  lying  and  being  in  said  city  and  county  of  San  Francisco, 
state  of  California,  and  bounded  and  described  as  follows,  to  wit:  [De- 
scription.] 

Together  with  the  tenements,  hereditaments  and  appurtenances  what- 
soever to  the  same  belonging  or  in  any  wise  appertaining. 


541  Deeds.  Form  1468 

To  have  and  to  hoW,  all  and  singular  the  above  mentioned  and  de- 
scribed premises,  togetlier  with  the  appurtenances,  unto  the  said  party 
of  the  second  part,  his  heirs  and  assigns  forever. 

In  witness  whereof,  the  said  party  of  the  first  part,  administratrix 
as  aforesaid,  has  hereunto  set  her  hand  and  seal,  the  day  and  year  first 
above  written. 

M.  J.,  as  Administratrix  of  the  Estate  of  T.  J.,  Deceased. 

State  of  California, 
County  of ,  ss. 

On  this  day  of ,  19—,  before  me,  ,  a  notary  public  in 

and  for  the  said  county  of ,  state  of  California,  personally  appeared 

,  known  to  me  to  be  the  person  whose  name  is  subscribed  to  the 

within  instrument,  as  the  administratrix  of  the  estate  of ,  deceased, 

and  acknowledged  to  me  that  she,  as  such  administratrix,  executed  the 
same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal  at  the  said  county  of  ,  the  day  and  year  in  this  cer- 
tificate first  above  written. 

,  Notary  Public. 

NOTE'.— The  order  of  sale  need  not  be  recorded  in  the  county  recorder's 
office,  but  the  order  confirming  the  sale  must  be:  California,  Code  Civ. 
Proc,  see.  1719. 

No.  1468.    Sheriff's  Deed  on  Execution. 

This  indenture,  made  this  twenty-fourth  day  of  August,  1917,  between 
P.  J.  W.,  sheriff  of  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, of  the  first  part,  and  J.  D.,  of  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  the  party  of  the  second  part : 

Whereas,  by  virtue  of  a  writ  of  execution  issued  out  of,  and  under 
the  seal  of  the  superior  court  of  the  said  city  and  county,  tested  the 
fourtli  day  of  January,  1917,  ivpon  a  judgment  recovered  in  said  court, 
on  the  second  day  of  January,  1917,  in  favor  of  G.  W.,  and  against 
J.  C,  to  the  said  sheriff  directed  and  delivered,  commanding  him  that 
of  the  personal  property  of  the  said  judgment  debtor,  J.  C,  in  his 
county,  he  should  cause  to  be  made  certain  moneys  in  the  said  writ 
specified,  and  if  sufficient  personal  property  of  the  said  judgment  debtor, 
J.  C,  could  not  be  found,  that  then  he  should  cause  the  amount  of  said 
judgment  to  be  made  of  the  lands,  tenements  and  real  property  belong- 
ing to  said  judgment  debtor,  J.  D.,  on  the  second  day  of  January,  1917, 
or  at  any  time  afterward;  and  whereas,  because  sufficient  personal  prop- 
erty of  the  said  judgment  debtor,  J.  D.,  could  not  be  found,  whereof 
he,  the  said  sheriff,  could  cause  to  be  made  the  moneys  specified  in  said 
writ,  he,  the  said  sheriff,  did,  in  obedience  to  said  command,  levy  on, 
take,  and  seize  all  the  estate,  ri^it,  title,  and  interest,  which  the  said 
judgment  debtor,  J.  D.,  so  had,  of,  in,  and  to  the  lands,  tenements,  real 
estate   and  premises  hereinafter  particularly  set   forth   and  described. 


Form  1469  Cowdery's  Form  Book.  542 

with  the  appurtenances,  and  did,  on  the  thirtieth  day  of  January,  1917, 
sell  the  said  premises,  at  public  vendue,  in  front  of  the  City  Hall,  in 
the  city  and  county  of  San  Francisco,  between  the  hours  of  nine  in  the 
morning  and  five  in  the  afternoon  of  that  day,  nameh^,  at  twelve  o'clock, 
after  having  first  given  notice  of  the  time  and  place  of  such  sale,  by 
advertising  the  same  according  to  law;  at  which  sale  the  said  premises 
were  struck  off  and  sold  to  the  said  party  of  the  second  part,  for  tlie 
sum  of  ten  thousand  dollars,  gold  coin  of  the  United  States,  the  said 
party  of  the  second  part  being  the  highest  bidder,  and  that  being  the 
highest  sum  bidden,  and  the  whole  price  paid  for  the  same ;  and  whereas, 
the  said  sheriff,  after  receiving  from  said  purchaser  the  said  sum  of 
money  so  bidden  as  aforesaid,  gave  to  the  said  party  of  the  second  part 
such  certificate  as  is  by  law  directed  to  be  given,  and  filed  and  recorded 
in  the  office  of  the  county  recorder  of  the  city  and  county  of  San  Fran- 
cisco, a  duplicate  of  such  certificate ;  and  whereas,  six  months  after  such 
sale  have  expired  without  any  redemption  of  the  said  premises  having 
been  made:  [Recite  assignment  here,  if  any.] 

Now,  this  indenture  witnesseth,  that  P.  J.  W.,  sheriff  aforesaid  and 
party  liercto,  of  the  first  part,  by  virtue  of  the  said  writ  and  in  pursu- 
ance of  the  statute  in  such  case  made  and  provided,  for  and  in  consid- 
eration of  the  sum  of  money  above  mentioned,  to  him  in  hand  paid  as 
aforesaid  by  the  said  party  of  the  second  part,  the  receipt  whereof  is 
hereby  acknowledged,  hath  granted,  bargained,  sold,  conveyed  and  con- 
firmed, and  by  these  presents  doth  grant,  bargain,  sell,  convey  and  con- 
firm unto  the  said  party  of  the  second  part,  and  to  his  lieirs  and  assigns, 
all  the  estate,  right,  title  and  interest  which  the  said  judgment  debtor, 
the  said  J.  C,  had  on  the  second  day  of  January,  1917,  or  at  any  time 
afterward,  or  now  has  of,  in  and  to  all  the  following  described  premises, 
situate,  lying  and  being  in  the  city  and  county  of  San  Francisco,  viz.: 
[Description.] 

Together  with  all  and  singular  the  tenements,  hereditaments  and 
appurtenances  thereunto  belonging  or  in  any  wise  appertaining. 

To  have  and  to  hold  the  said  premises,  with  the  appurtenances,  unto 
the  said  party  of  the  second  part,  his  heirs  and  assigns  forever,  as  fully 
and  absolutely  as  he,  the  sheriff  aforesaid,  can,  may,  or  ought  to,  by 
virtue  of  the  said  writ  and  of  the  statute  in  such  case  made  and  pro- 
vided, grant,  bargain,  sell,  release,  consign,  convey  and  confirm  the  same. 

No.  1469.    Sheriff's  Deed  on  Foreclosure. 

This  indenture,  made  this  twenty-second  day  of  August,  1917,  between 
P.  H.,  sheriff  of  the  city  and  county  of  San  Francisco,  of  tlie  first  part, 
and  J.  D.,  of  the  city  and  county  of  San  Francisco,  of  the  second  part, 
witnesseth : 

Whereas,  in  and  by  certain  judgment  or  decree  rendered  by  the  su- 
perior court  of  the  city  and  county  of  San  Francisco,  state  of  Califor- 
nia, on  the  tenth  day  of  April,  1917,  and  entered  on  the  twelftli  day 
of  April,  1917,  in  a  certain  action  then  pending  in  said  court,  wherein 


543  Deeds.  Form  1469 

J.  J.  was  plaintiff,  and  P.  S.,  R.  R.,  E.  S.  and  J.  S.  were  defendants, 
and  of  which  said  judgment  or  decree  a  certified  copy  was  delivered  to 
said  party  of  the  first  part,  as  such  sheriff,  for  execution,  it  was,  among 
otlier  things,  ordered,  adjudged  and  decreed,  that  all  and  singular  the 
mortgaged  premises  described  in  the  complaint  in  said  action,  and 
specifically  described  in  said  judgment  or  decree,  be  sold  at  public  auc- 
tion by  the  sheriff  of  the  city  and  county  of  San  Francisco,  in  the  man- 
ner required  by  law,  and  according  to  the  course  and  practice  of  said 
court ;  that  such  sale  be  made  in  front  of  the  City  Hall,  in  the  city  and 
county  of  San  Francisco,  between  the  hours  of  nine  o'clock  in  the  fore- 
noon and  five  o'clock  in  the  afternoon,  on  such  day  as  the  said  slieriff' 
shall  appoint;  that  any  of  the  parties  to  said  action  might  become  the 
purchaser  at  such  sale;  and  that  said  sheriff  execute  the  usual  certifi- 
cates and  deeds  to  the  purchaser,  as  required  by  law; 

And  whereas,  the  said  sheriff  did,  at  the  hour  of  twelve  o'clock,  noon, 
on  the  second  day  of  February,  1918,  after  due  public  notice  had  been 
given,  as  required  by  the  laws  of  this  state,  and  the  course  and  practice 
of  said  court,  duly  sell  at  public  auction,  in  front  of  the  City  Hall,  in 
the  city  and  county  of  San  Francisco,  agreeably  to  the  said  judgment 
or  decree,  and  the  provisions  of  law,  the  premises  in  the  said  decree 
or  judgment  mentioned;  at  which  sale  the  premises  in  said  judgment 
or  decree,  and  hereinafter  described,  were  fairly  struck  off  to  the  said 
J.  D.,  the  said  party  hereto  of  the  second  part,  for  the  sum  of  five  thou- 
sand dollars,  gold  coin  of  the  United  States,  he  being  the  highest  bidder, 
and  that  being  the  highest  sum  bidden  for  the  same; 

And  whereas,  the  said  party  of  the  second  part  thereupon  paid  to  the 
said  sheriff  the  said  sum  of  money  so  bidden  by  liiin; 

And  whereas,  the  said  sheriff  thereupon  made  and  issued  the  usual 
certificate,  in  duplicate,  of  the  said  sale,  in  due  form  of  law,  and  deliv- 
ered one  thereof  to  the  said  purchaser,  and  caused  the  other  to  be  filed 
and  recorded  in  the  county  recorder's  office  of  the  city  and  county  of 
San  Francisco; 

And  whereas,  more  than  one  year  lias  elapsed  since  the  date  of  said 
sale,  and  no  redemption  has  been  made  of  the  premises  so  sold,  as 
aforesaid,  by  or  on  behalf  of  the  said  judgment  debtors,  the  said  defend- 
ants, or  by  or  on  behalf  of  any  other  person:  [Recite  assignment  here.] 
Now,  this  indenture  witnesseth,  that  the  said  party  of  the  first  part, 
the  said  P.  H.,  sheriff,  in  order  to  carry  into  effect  the  sale  so  made 
by  him  as  aforesaid,  in  pursuance  of  said  judgment  or  decree,  and  in 
conformity  to  the  statute  in  such  case  made  and  provided,  and  also,  in 
consideration  of  the  premises  and  of  the  said  sum  of  five  thousand  dol- 
lars, gold  coin  of  the  United  States,  so  bidden  and  paid  to  him  by  the 
said  purchaser,  the  said  J.  D.,  the  receipt  whereof  is  hereby  acknowl- 
edged, hath  granted,  bargained,  sold  and  conveyed,  and  by  these  presents 
doth  grant,  bargain,  sell  and  convey  unto  the  said  party  of  the  second 
part,  and  to  his  heirs  and  assigns  forever:  [Description.] 


Form  1470  Cowdery's  Form  Book.  D44 

Together  with  all  and  singular  the  tenements,  hereditaments,  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining,  and  the 
reversion  and  reversions,  remainder  and  remainders,  rents,  issues,  and 
profits  thereof. 

To  have  and  to  hold,  all  and  singular,  the  premises  above  mentioned 
and  described,  and  hereby  conveyed,  or  intended  so  to  be,  together  Avith 
the  appurtenances,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns  forever. 

In  witness  whereof  [etc.]. 

NOTE. — All  agreements  concerning  or  affecting  real  property,  to  be  valid 
against  third  persons,  must  be  acknowledged,  or  proved,  and  recorded:  See 
Cal.  Civ.  Code,  sec.  1214. 

No.  1470.    Covenant  as  to  Encroacliing  Building. 

This  agreement  made  this  day  of  ,  19 — ,  by  and  between 

,  covenantor,  and  ,  covenantee,  witnesseth : 

Whereas  the  covenantor  is  the  owner  in  fee  of  that  certain  lot  of  land 

in  the  county  of  ,  state  of  ,  described  as  follows:  ;  and 

whereas  said  covenantee  is  the  owner  in  fee  of  that  certain  lot  of  land 

in  said  county  of ,  state  of ,  described  as  follows:  ;  which 

last-described  premises  adjoins  the  premises  first  above  described;  and 
whereas  there  is  now  erected  upon  the  premises  secondly  above  de- 
scribed a  building,  the  north  wall  of  which  is  contiguous  to  the  south 
boundary  line  of  the  premises  first  above  described;  and  whereas  said 
covenantor  claims  that  the  said  north  wall  of  said  buildins  encroaches 

on  the  soiath  part  of  his  lot  above  described  to  the  extent  of inches ; 

and  whereas  the  covenantee  has  quitclaimed  to  the  covenantor  all  and 
any  right,  title,  or  interest  of  said  covenantee  to  said  lot  of  land  first 
above  described : 

Now,  in  consideration  of  the  premises,  and  the  conveyance  by  quit- 
claim as  aforesaid,  the  said  covenantor,  for  himself,  his  heirs,  executors, 
administrators,  and  assigns,  hereby  covenants  and  agi-ees  to  and  with 
said  covenantee,  his  heirs,  executors,  administrators,  and  assigns,  that, 
so  long  as  the  building  aforesaid  shall  remain  standing,  said  covenantee, 
his  heirs,  executors,  administrators,  or  assigns,  shall  have,  and  there  is 
hereby  granted  and  secured  to  him  and  them,  the  right  to  have  the 
building  now  erected  as  aforesaid,  overlap  and  extend  beyond  the  south 
line  of  tlie  land  of  the  covenantor,  and  to  encroach  and  rest  upon  the 
land  of  said  covenantor  above  described,  to  the  same  extent  and  in  the 
same  manner  as  said  building  now  overlaps  and  encroaches  on  said  land 
of  the  covenantor. 

The  covenantor  further  covenants  and  agrees  for  himself,  his  heirs, 
executors,  administrators,  and  assigns,  that  he  will  not  break,  cut,  dis- 
turb, destroy,  or  remove  said  north  wall  of  the  building  aforesaid  so 
long  as  the  present  building  remains  standing. 

It  is  further  mutually  covenanted  and  agreed  that  the  provisions 
hereof  shall  operate  as  a  covenant  running  witli  botli  parcels  of  land 


545  Deeds.  Forms  1471,  1472 

above  described,  and  shall  bind  both  parties  hereto  and  their  respective 
heirs,  executors,  administrators,  and  assigns; 

Provided,  and  it  is  further  mutually  and  expressly  understood  and 
agreed,  that  this  instrument  and  all  the  covenants  herein  contained 
shall  remain  in  force  and  effect  only  so  long  as  the  present  north  -wall 
of  the  building  aforesaid  shall  remain  standing;  and  that  upon  the  re- 
moval or  destruction  thereof  all  rights  of  the  covenantee  hereunder 
shall  cease  and  determine. 

Witness  the  hands  of  the  parties  above  named  hereunto  set  the  day 
and  year  herein  first  above  written. 

[Signatures.] 

[Acknowledgment.] 

No.  1471.     Covenant  for  Private  Alley  in  Deed  to  Undivided  Half. 

It  is  expressly  covenanted  and  agreed  by  and  between  the  grantor 
and  grantee  herein,  for  themselves,  their  heirs,  executors,  administra- 
tors, and  assigns,  that  the  whole  of  the  parcel  of  land  above  described, 
which  under  this  indenture  becomes  vested  in  the  grantor  and  grantee 
as  tenants  in  common,  shall  at  all  times  hereafter  be  maintained  and 
kept  open  as  a  private  alleyway  between  the  lands  of  the  grantor  on  the 
east  side  of  said  alleyway  and  lands  of  grantee  on  the  west  side  of  said 
alleyway,  and  to  be  used  and  enjoyed  by  the  parties  hereto  and  their 
heirs,  executors,  administrators,  and  assigns  in  common. 

This  covenant  runs  with  the  land ;  but  nothing  lierein  contained  shall 
be  deemed  or  taken  to  be  an  abandonment  or  dedication  of  said  alley- 
way to  public  use. 

No.  1472.     Covenant  not  to  Obstruct  View. 

This  agreement,  made  this  day  of  ,  19 — ,  by  and  between 

,  covenantor,  and covenantee,  witnesseth : 

Whereas  the  covenantee  is  the  owner  in  fee  of  that  said  lot  of  land 

in  the  county  of  ,  state  of  ,  described  as  follows:  ;  and 

whereas  said  covenantor  is  the  owner  in  fee  of  that  certain  lot  of  land 

in  said  county  of  ,  state  of  ,  described  as  follows:  ;  and 

whereas  on  the  land  of  said  covenantee  is  a  dwelling,  the  view  from 
the  windov/s  of  which  would  be  obstructed  by  the  erection  of  a  building 
or  structure  on  said  land  of  the  covenantor  except  as  hereinafter  agreed : 

Now,  in  consideration  of  the  premises  and  of  dollars   ($ ), 

paid  by  said  covenantee  to  said  covenantor,  the  receipt  of  which  is 
hereby  acknovrledged,  the  said  covenantor,  for  himself,  his  heirs,  execu- 
tois,  administrators,  and  assigns,  docs  liercby  covenant  and  agree  to  and 
with  said  covenantee,  his  heirs,  executors,  administrators,  and  assigns, 
to  refrain  from  erecting  or  causing  to  be  erected  on  said  land  of  the 
covenantor  above  described,  or  any  part  thereof,  any  building  or  struc- 
ture of  which  any  part  shall  exceed  in  height  the  limit  of  feet 

above  the  curb  line  opposite  the  east  boundary  line  of  said  land  of  said 

Form  Book — 35 


Form  1473  Cowdery  's  Form  Book.  546 

covenantor;  provided,  that  any  chimnej^  may  be  erected  on  such  build- 
ing or  structure  above  said  prescribed  height  in  any  manner  permitted 
by  the  local  or  municipal  ordinances  in  force  at  the  time  of  such 
erection. 

This  covenant  is  expressly  declared  to  run  with  both  parcels  of  land 
above  described,  and  to  be  for  the  benefit  of  the  land  of  said  covenantee 
above  described. 

Witness  our  hands  this day  of ,  19 — , 

[Signatures.] 
[Acknowledgment.} 

No.  1473.     Complaint  for  Breacfi  of  Covenant  Against  Encumbrances. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges : 

1.  That  on  the  day  of  ,  19 — ,  at  ,  the  defendant,  in 

consideration  of dollars  ($ ),  to  him  paid,  granted  to  the  plain- 
tiff, by  deed,  in  fee  simple,  a  lot  in  the  town  of /county  of . 

2.  That  the  said  deed  contained  a  covenant  on  the  part  of  the  defend- 
ant, of  which  the  following  is  a  copy : . 

3.  That  at  the  time  of  the  making  and  delivery  of  said  deed  the  prem- 
ises were  not  free  from  all  encumbrances,  but,  on  the  contrary,  the  de- 
fendant before  that  time,  on  the  day  of  ,  19 — ,  at  ,  by 

deed  in  the  nature  of  a  mortgage,  duly  executed,  had  mortgaged  the 

said  premises  to  one ,  to  secure  the  payment  of dollars  ($ ), 

with  interest. 

4.  And,  for  a  further  breach,  the  plaintiff  alleges  that  on  the day 

of ,  19 — ,  in  the court  of county,  in  this  state,  judgment 

was  rendered  against  the  defendant  for  the  sum  of dollars  ($ ), 

in  an  action  in  which  the  said  was  plaintiff,  and  the  defendant 

herein  was  defendant,  which  judgment  was,  on  the  day  of  , 

19 — ,  docketed  in  said  county  of ,  and  which  judgment,  at  the  time 

of  the  execution  and  delivery  of  the  deed  in  the  nature  of  a  mortgage, 
remained  unpaid  and  unsatisfied  of  record. 

5.  And,  for  a  further  breach,  the  plaintiff  alleges  that  at  the  time  of 
the  execution  and  delivery  of  said  deed  the  premises  were  subject  to  a 
tax  theretofore  duly  assessed,  charged,  and  levied  upon  the  said  premises 

by  the  said  town  of  ,  and,  the  officers  thereof,  of  the  sum  of 

dollars    ($ ),  and  which  tax  was  then  remaining  due  and  unpaid, 

and  was  at  the  time  of  the  delivery  of  said  deed  a  lien  and  encumbrance 
by  law  upon  the  said  premises. 

6.  That  by  reason  thereof  the  plaintiff  paid  on  the  day  of , 

19 — ^  the  sum  of dollars  ($ ),  in  extinguishing  the  afore- 
said, to  his  damage  in  the  sum  of dollars  ($ ). 

Wherefore  [etc.]. 

[Signature.] 


547  Deeds.  Forms  1474-1476 

No.  1474.     Complaint  for  Breach  of  Covenant  of  Warranty. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the day  of ,  19 — ,  at ,  the  defendant,  by  his 

deed   of   that    date,    duly    executed,   in    consideration    of   dollars 

($ ),  sold  and  conveyed  in  fee  simple  to  the  plaintiff  certain  land, 

to  wit:  . 

2.  That  the  defendant,  by  the  same  deed,  covenanted  as  follows: 

[set  out  copy  of  covenant  of  warranty]. 

3.  That  the  defendant  had  not,  at  the  time  of  the  execution  of  said 
deed,  a  good  and  sufficient  title  to  said  premises,  and  by  reason  thereof, 

on  the  day  of  ,  19 — ,  at  ,  the  plaintiff  was  ousted  and 

dispossessed  of  the  said  premises  by  due  course  of  law  [or,  "That  one 

,  at  the  time  of  the  execution  of  the  said  deed,  and  from  thence, 

had  lawful  right  and  paramount  title  to  the  said  premises,  and,  bj'  virtue 

thereof,  after  the  execution  of  said  deed,  on  the day  of ,  19 — 

[the  day  of  ouster],  entered  upon  the  possession  thereof,  and  ousted  and 
dispossessed  by  due  process  of  law,  and  kept,  and  still  keeps,  the  plain- 
tiff from  the  possession  of  the  same;   and  that  the  plaintiff  has  also 

been  compelled  to  pay  the  costs  and  charges  sustained  by  the  said  

[name  of  holder  of  paramount  title]  in  prosecuting  a  certain  action  in 

the court,  in county,  for  the  recovery  of  said  premises,  which 

amounted  to dollars  ($ ),  and  to  pay  out  the  additional  sum  of 

• dollars  ($ )  in  endeavoring  to  defend  such  action."]. 

Wherefore  [etc.] 

[Signature.] 

No.  1475.    Answer  Denjdng  Breach  of  Covenant. 

[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint,  and  alleges: 

That  the  defendant  duly  performed  said  covenant  on  his  part;  and 


[Verification.] 


[Signature.] 


No.  1476.    Complaint    for    Breach    of    Warranty    of    Title    to    Real 
Property. 

[Title  of  Court  and  Cause.] 

The  plaintiff  complains,  and  alleges; 

1.  That  on  the  seventeenth  day  of  May,  1017,  at  P.,  the  defendant, 
in  consideration  of  $2,500  to  him  paid,  granted  to  the  plaintiff,  by  deed 
[here  insert  description],  and  in  his  said  deed  warranted  that  he  had 
good  title  in  fee  simple  to  the  said  property,  and  would  defend  the 
plaintiff  in  his  possession  of  the  same. 

2.  That  the  defendant  was  not,  but  one  A.  B.  was,  then  the  lawful 
owner  of  the  said  lands,  in  fee  simple. 


Form  1477  Cowderv's  FoRii  Book.  548 

3.  That  on  the  nineteenth  daj^  of  May,  1917,  the  said  A.  B.  lawfully 
evicted  the  plaintiff  from  the  same,  and  still  withholds  the  possession 
thereof  from  him. 

4.  That  by  reason  of  the  premises  plaintiff  has  been  damaged  in  the 
sum  of  five  thousand  dollars,  no  part  of  which  has  ever  been  paid. 

Wherefore  [etc.]. 

[Signature.] 

No.  1477.    Deed  With  Building  Restrictions. 

This  indenture,  made  this  day  of  March,  1917,  between  

and  his  wife,  of  the  city  and  county  of  San  Francisco,  state  of 

California,  the  parties  of  the  first  part,  and and ,  his  wife,  of 

the  same  place,  parties  of  the  second  part,  witnesseth :  That  said  parties 
of  the  first  part,  for  and  in  consideration  of  the  sum  of  ten  (10)  dollars 
to  them  in  hand  paid  by  the  said  parties  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  and  for  the  further  consideration  that 
said  parties  of  the  second  part,  their  heirs  and  assigns,  forever  shall 
and  will  well  and  faithfully  observe,  keep  and  perform  the  conditions 
and  covenants  hereinafter  contained,  do  by  these  presents  grant,  bar- 
gain, sell  and  convey  unto  the  said  parties  of  the  second  part,  their 
heirs  and  assigns  forever,  those  certain  lots,  pieces  or  parcels  of  land 
situate  in  the  city  and  county  of  San  Francisco,  state  of  California, 
and  bounded  and  particularly  described  as  follows,  to  wit:  [description.] 

Together  with  all  and  singular  the  tenements,  hereditaments,  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining;  and 
the  reversion  and  reversions,  remainder  and  remainders,  rents,  issues 
and  profits  thereof. 

To  have  and  to  hold,  all  and  singular  the  said  premises,  together  with 
the  appurtenances,  unto  the  said  parties  of  the  second  part,  and  to 
their  heirs  and  assigns  forever. 

This  deed  is  made  subject  to  the  additional  covenants  herein  con- 
tained: 

First:  Tliat  no  building  nor  structure  which  shall  be  used  for  any 
purpose  except  that  of  a  dwelling-house,  or  appurtenances  thereto,  shall 
be  erected  or  placed  upon  the  above-described  real  property  at  any  time 
before  the  first  day  of  January,  A.  D.  1935. 

Second:  That  prior  to  the  first  day  of  January,  A.  D.  1935,  no  dwell- 
ing-house erected  or  placed  upon  the  above  described  real  property  shall 
cost  less  than  three  thousand  ($3,000)  dollars;  nor  shall  any  dwelling- 
house  or  stable  be  located  within  fifteen  (15)  feet  of  the  street  line  in 
front  thereof;  nor  shall  any  part  or  portion  of  any  dwelling-house, 
stable,  garage  or  other  outbuildings  be  located  within  two  (2)  feet  of 
the  side  line  of  any  lot  or  lots  of  any  contiguous  property  owner. 

Third :  That  no  store,  saloon,  grocery  or  mercantile  business  shall  be 
cariied  on,  nor  any  spirituous  or  malt  liquors  be  manufactured,  sold, 
exchanged,  bartered  or  dealt  in,  upon  tlie  above-descj-ibed  real  property, 
at  any  time  before  the  first  day  of  January,  A.  D.  1935,  and  that  said 


549  Deeds.  Form  1478 

real  property  shall  not  be  used  for  anything  except  residenc^e  purposes 
at  any  time,  before  said  last-mentioned  date. 

Fourth :  That  prior  to  the  said  first  day  of  January,  A.  D.  1935,  no  store, 
business,  or  manufactures  of  any  kind,  or  anything  of  the  nature  there- 
of, shall  be  carried  on  or  conducted  on  said  real  property,  or  any  part 
thereof,  nor  at  any  time  after  the  execution  of  this  deed  shall  any 
saloon  be  maintained  or  conducted  upon  said  premises  or  any  part 
thereof. 

Fifth:  That  prior  to  the  first  day  of  January,  A.  D.  1935,  no  persons 
of  African,  Asiatic  or  Mongolian  descent  shall  be  allowed  to  purchase, 
own  or  lease  said  property,  or  any  part  thereof. 

Sixth:  That  prior  to  the  first  day  of  January,  A.  D.  1935,  no  flats, 
stores,  double  houses  or  apartment  houses  shall  be  built  or  placed  upon 
said  real  property,  or  any  part  thereof;  and  each  and  every  dwelling- 
house  built  or  placed  upon  said  property  shall  be  of  a  height  no  greater 
than  two  stories;  with  basement  and  attic,  and  no  fence  or  wall  or 
similar  structure  shall  be  built  or  placed  upon  any  lot  or  lots  or  along 
any  boundary  line  thereof  which  is  a  greater  height  than  six  (6)  feet. 

Provided,  that  as  to  the  grantors  herein,  a  breach  of  any  of  the  fore- 
going conditions  shall  cause  said  premises  to  revert  to  the  said  grantors, 
their  heirs  or  assigns,  each  of  whom  respectively,  shall  have  the  right 
of  immediate  re-entry  upon  said  premises,  in  the  event  of  any  such 
breach. 

It  is  expressly  provided  that  a  breach  of  either  of  the  foregoing  con- 
ditions, or  of  any  re-entry  by  reason  of  such  breach  sliall  not  defeat  or 
render  invalid  the  lien  of  any  mortgage  or  deed  of  trust,  made  in  good 
faith  and  for  value,  as  to  the  said  premises,  or  any  part  thereof;  but 
said  conditions  shall  be  binding  upon  and  effective  against  any  owner  of 
said  premises,  whose  title  thereto  is  acquired  by  foreclosure,  trustee's 
sale  or  otherwise,  as  to  any  breach  occurring  after  such  acquirement 
of  title. 

It  is  further  understood  and  agreed  that  the  stipulation,  agreements, 
and  conditions  herein  contained  are  to  apply  to  and  bind  the  heirs, 
executors,  administrators,  successors  and  assigns  of  the  respective  par- 
ties hereto. 

In  witness  whereof,  the  parties  of  the  first  part  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 

[Signatures.] 

No.  1478.    Deed  of  Trust  to  Secure  Note  Issue. 

This  deed  of  trust,  made  this  day  of  July,  in  the  year  of  our 

Lord,  nineteen  hundred  and  sixteen  (1916),  by  and  between  the  Willow- 
brook  Water  Company,  a  corporation,  duly  organized  and  existing  under 
and  by  virtue  of  the  laws  of  the  state  of  California,  and  havin'jr  its 
principal  office  at  Willowbrook,  county  of  Los  Angeles,  state  of  Cali- 
fornia, hereinafter  called  the  company,  party  of  the  first  part,  and 
Hellman  Commercial  Trust  and  Savings  Bank,  a  corporation,  having  its 


Form  1478  Cowdery's  Form  Book.  550 

principal  place  of  business  in  the  city  and  county  of  Los  Angeles,  state 
of  California,  trustee,  party  of  the  second  part,  and  Fred  Hoffman, 
party  of  the  third  part,  witnesseth:  that 

Whereas,  the  party  of  the  first  part  is  a  corporation  duly  incorporated 
as  above  set  forth,  and  authorized  to  purchase,  own,  hold  and  operate 
real  estate  and  other  forms  of  property,  real,  personal  and  mixed,  for 
the  purposes  of  its  business  and  to  mortgage  its  franchises,  tolls,  reve- 
nues and  property  to  secure  the  payment  of  its  debts  or  to  borrow 
money  for  the  purposes  of  the  company;  and 

Wliereas,  the  said  party  of  the  first  part  has  borrowed  and  received 
of  tlie  party  of  the  third  part  the  sum  of  five  thousand  dollars  and  has 
aurecd  to  repay  the  same  to  the  party  of  the  third  part  in  gold  coin, 
with  interest  according  to  the  terms  of  twenty  certain  promissory  notes, 
executed  and  delivered  by  the  party  of  the  first  part  to  the  party  of 
the  third  part  in  words  and  figures  as  follows,  to  wit : 
$250.00  Los  Angeles,  California,  July  ,  1916. 

Six  months  after  date,  for  value  received,  the  Willowbrook  Water 
Company,  a  corporation,  promises  to  pay  to  Fred  Hoffman  or  order  at 
Los  Angeles,  California,  the  sum  of  two  hundred  fifty  ($250)  dollars, 
with  interest  from  date  until  paid,  at  the  rate  of  seven  per  cent  per 
annum,  payable  semi-annually. 

Should  the  interest  not  be  so  paid  it  shall  become  a  part  of  the  prin- 
cipal and  thereafter  bear  like  interest  as  the  principal.  Should  default 
be  made  in  the  payment  of  any  installment  of  interest  when  due,  then 
the  whole  sum  of  principal  and  interest  shall  become  due  and  payable 
at  the  option  of  the  holder  of  this  note  upon  ninety  days'  written  notice 
first  being  given  of  the  holder's  election  to  so  declare  said  principal  and 
interest  due  and  payable.  Principal  and  interest  payable  in  gold  coin 
of  the  United  States,  of  the  present  standard.  This  note  is  secured  by 
a  certain  deed  of  trust  to  the  Hellman  Commercial  Trust  and  Savings 
Bank,  a  corporation,  of  Los  Angeles.  California,  and  may  be  registered 
when  accompanied  with  the  deed  of  trust  duly  recorded,  on  presentation 
at  the  trustee's  ofifice. 

Willowbrook  Water  Company. 
By  John  W.  Fetter, 

President. 

[Corporate  Seal]  Attest:     D.  W.  Hoeckley,  Secretary. 

[Here  follow  copies  of  other  notes  of  the  series.] 

Whereas,  the  borrowing  by  the  company  of  said  amount  of  said  loan, 
and  the  execution  and  delivery  by  its  proper  officers  on  its  behalf  of 
said  notes,  in  the  form  hereinabove  set  forth,  evidencins;  the  indebted- 
ness of  said  loan,  and  the  execution,  acknowledgment  and  delivery  by 
its  proper  officers  on  its  behalf  of  a  deed  of  trust,  securing  the  payment 
hereof  upon  the  property  of  the  company,  party  of  the  first  part,  here- 
inafter described,  has  been  authorized  and  directed  by  a  resolution  of 
the  board  of  directors  of  said  company,  party  of  the  first  part,  duly 


551  Deeds.  Form  1478 

passed  at  a  meeting  thereof,  regularly  called,  and  Tield  in  accordance 
with  the  provisions  of  its  by-laws,  whereat  tlie  majority  thereof  were 
present  and  voted  for  the  adoption  of  such  resolution  as  spread  upon  the 
records  of  the  company,  and  also  has  been  sanctioned  and  authorized 
by  the  stockholders  of  said  company,  holding  of  record  at  least  two- 
thirds  of  the  issued  capital  stock  of  such  corporation,  such  consent  being 
expressed  in  writing,  executed  and  acknowledged  by  such  stockholders 
and  attached  to  this  deed  of  trust;  and 

Whereas,  the  railroad  commission  of  the  state  of  California,  by  an 
order  made  on  the  twenty-ninth  day  of  June,  1916,  duly  authorized  the 
execution  of  this  trust  deed  in  the  form  hereof: 

Now,  therefore,  the  party  of  the  first  part,  in  consideration  of  the 
indebtedness,  to  the  party  of  the  third  part,  and  for  the  purpose  of 
securing  the  indebtedness  evidenced  by  said  promissory  notes,  or  the 
renewal  or  renewals  thereof,  and  the  payment  of  any  additional  loan  or 
renewal  thereof,  and  of  any  sum  or  sums  of  money  with  interest  thereon 
that  may  be  paid  or  advanced  by,  or  that  may  otherwise  be  due  to  the 
parties  of  the  second  or  third  part  under  the  provisions  of  this  instru- 
ment, does  hereby  bargain,  grant,  sell,  alien,  remise,  release,  convey  and 
confirm,  assign,  transfer  and  set  over  unto  the  party  of  the  second  part, 
its  successors  and  assigns  in  trust,  all  and  singular  the  following  de- 
scribed property:  Lot  one  (1)  and  the  north  sixty  (60)  feet  of  lot  326, 
recorded  in  Book  3455,  at  page  302  of  records  of  Los  Angeles  county, 
the  right  of  way  to  the  west  six  (6)  feet  of  Lot  41,  recorded  in  Book 
5465,  at  page  372  of  records  of  Los  Angeles  county ;  right  of  way  to  the 
east  four   (4)   feet  of  the  west  76  feet  of  Lot  326,  recorded  in  Book 

5574,  at  page  15  of ,  records  of  Los  Angeles  county,  one  (1)  3,500 

gallon  tank  and  connections;  one  (1)  2,500  gallon  tank  and  connections; 
one  (1)  four  thousand  gallon  tank  and  connections;  one  (1)  number  4, 
B.  &  J.  vertical  pump;  one  (1)  seven  inch  well,  two  hundred  and  sixty 
feet  deep;  one  (1)  seven  inch  three  hundred  foot  well;  one  (1)  num- 
ber four,  B.  &  J.  horizontal  pump,  together  with  twenty-two  thousand 
(22,000)  feet  of  water-main  belonging  to  said  Willowbrook  Water  Com- 
pany, being  the  mains  of  said  water  company  for  the  distribution  of  the 
water  of  said  company,  together  with  all  the  buildings,  dwellings,  struc- 
tures and  improvements,  constructed  and  to  be  constructed  on  said  lands 
hereby  conveyed,  and  all  engines,  boilers,  belting,  shafting,  fixed  and 
movable  machinery  with  their  spare  parts  and  attachments,  office  and 
shop  furniture,  and  tools  used  in  repairing  buildings  and  machinery 
mortgaged  hereunto  and  hereby;  draft  animals,  harness,  stable  furni- 
ture, wagons,  carts  and  trucks  kept  for  use;  and  all  other  fixtures,  im- 
plements and  apparatus  used  in  carrying  on  the  company's  business, 
tcivether  with  all  the  appurtenances  and  appliances  connected  with  and 
appurtenant  thereto ;  and  any  and  all  increase  of  or  to  any  of  the  above- 
denominated  items,  whether  by  replacement,  repairing  or  adding  to  the 
aooi-eoate  thereof  of  new  appliances  or  items  as  above  denominated. 


Form  1478  Cowdery's  Form  Book.  552 

Together  with  all  and  singular,  the  tenements,  hereditaments,  rights, 
franchises,  powers,  privileges,  immunities,  and  appurtenances  to  any 
of  said  properties  belonging  or  in  any  wise  appertaining,  and  all  the 
rents,  issues  and  profits  arising  or  to  arise  therefrom. 

To  have  and  to  hold,  the  same  to  the  party  of  the  second  part,  its 
successors  and  assigns  (said  party  of  the  second  part  being  hereby  ex- 
pressly authorized  if  it  so  elects,  to  convey  subject  to  the  trusts  herein 
expressed,  the  premises  above  described  to  such  person  or  corporation 
as  it  may  select  as  a  successor)  upon  the  following  express  trusts, 
to  wit: 

First:  During  the  continuance  of  these  trusts  the  party  of  the  first 
part  agrees  as  follows : 

(a)  To  pay  before  delinquency  all  taxes  and  assessments  upon  said 
property  and  upon  the  debt  secured  hereby. 

(b)  To  pay  when  due  all  other  claims,  liens  and  encumbrances  affect- 
ing or  purporting  to  affect  the  title  to  said  property  and  all  costs, 
charges  and  expenses  of  the  trustee  and  of  these  trusts. 

(c)  To  provide  fire  insurance  satisfactory  to,  and  with  loss,  if  any, 
payable  to  the  party  of  the  third  part. 

(d)  To  appear  and  defend  in  any  action  affecting,  or  purporting  to 
affect  said  property  or  these  trusts  and  to  commence  and  prosecute  any 
action  necessary  to  protect  the  same  and  to  pay  all  expenses  thereof. 

(e)  To  protect,  preserve  and  defend  said  property  and  the  title  there- 
to and  to  keep  said  property  in  good  repair  and  condition  by  proper  care, 
inspection,  repair,  attention  or  otherwise  and  to  permit  no  waste  or 
deterioration  thereof. 

(f)  To  pay  at  once  and  without  demand  all  sums  advanced  or  ex- 
pended under  the  terms  hereof  with  interest  thereon  at  seven  per  cent 
per  annum  from  the  date  of  advancement  until  paid,  and  a  failure  to  so 
do  within  ninety  days  thereafter,  shall  constitute  a  default  hereunder, 
as  hereinafter  provided. 

Second :  Should  the  party  of  the  first  part  fail  or  refuse  to  pay,  pro- 
vide or  do  any  of  the  foregoing  things  in  the  manner  and  at  the  times 
hereinbefore  mentioned,  then  the  parties  of  the  second  and  third  part, 
or  cither  of  them,  may  without  notice  to  the  party  of  the  first  part,  pay, 
provide  or  do  the  same  in  such  manner  or  amount  as  they  or  either  of 
them,  may  elect,  and  may  pay,  purchase,  contest  or  compromise  any 
claims,  liens  or  encumbrances  which  in  their  judgment  appear  to  affect 
said  property  or  these  trusts,  but  they  shall  not  be  obligated  to  do  so ; 
and  these  trusts  shall  be  and  continue  as  security  to  the  parties  of  the 
second  and  third  part,  or  their  assigns,  for  the  repayment  in  gold  coin 
of  the  United  States  of  the  money  so  borrowed  by  the  party  of  the  first 
part  and  the  interest  thereon,  and  of  all  amounts  so  paid  out  for  fees, 
services,  costs  and  expenses,  incurred,  including  all  money  advanced  not 
included  in  the  notes. 

Third:  Upon  the  payment  of  all  the  sums  secured  or  intended  to  be 
secured  thereby,  and  the  surrender  of  said  promissory  notes  for  can- 


553  Deeds.  Form  1478 

cellation,  said  trustee  shall  at  the  written  request  of  the  party  of  the 
third  part,  reconvey  said  property  without  warranty  to  the  person  or 
persons  legally  entitled  thereto  in  the  proportions  then  held  by  such 
person  or  persons.  It  is  understood  and  agreed  that  if  a  reconveyajife 
or  partial  reconveyance  is  made  at  the  request  of  the  party  of  tlie  third 
part  or  his  assigns,  this  deed  of  trust  and  the  notes  secured  thereby, 
being  surrendered,  the  trustee  shall  not  be  held  liable  if  any  part  of 
the  debt  secured  by  the  deed  of  trust  is  unpaid. 

Fourth,  If  default  be  made  in  the  payment  of  the  principal  or  interest 
when  due  in  the  manner  stipulated  in  said  promissory  notes,  including 
any  additional  loan  or  in  the  reimbursement  of  any  sums  advanced  as 
provided  herein  to  be  paid,  or  of  any  interest  tliereon,  then  the  party  of 
the  tliird  part  or  his  assigns  may  declare  all  of  tlie  indebtedness  secured 
hereby  due  and  payable,  by  first  serving  a  written  notice  of  his  inten- 
tion so  to  do,  ninety  days  prior  to  the  date  thereof  on  any  member  of 
the  board  of  directors  or  any  officer  of  said  party  of  the  first  part,  and 
the  party  of  the  second  part  shall  sell  the  above  gi-anted  premises  or 
such  part  thereof  as  the  party  of  the  second  part,  its  successors  or 
assigns  shall  in  its  discretion  find  it  necessary  to  sell,  in  order  to  accom- 
plish the  objects  of  these  trusts  in  the  manner  following,  namely:  The 
party  of  the  second  part,  its  successors  or  assigns,  shall  publish  notice 
of  the  time  and  place  of  such  sale  with  the  description  of  the  property 
to  be  sold,  at  least  once  a  week  for  six  successive  weeks,  in  some  news- 
paper published  in  the  city  and  county  of  Los  Angeles,  California, 
and  may  from  time  to  time  for  one  day  or  several  days  postpone  such 
sale  by  publication,  by  republishing  the  notice  of  sale  in  some  news- 
paper with  date  of  the  postponement  attached  thereto,  in  one  issue 
only  prior  to  the  date  of  the  postponed  sale ;  and  on  the  day  of  the  sale 
so  advertised,  or  on  day  to  which  such  sale  may  be  postponed,  the  part} 
of  the  second  part,  its  successors  or  assigns,  shall  sell  the  property  so 
advertised,  the  whole  or  any  part  thereof,  at  public  auction  in  the  city 
of  Los  Angeles,  California,  to  the  highest  cash  bidder,  and  tlie  holdei- 
or  holders  of  said  promissory  notes,  or  any  of  them,  his  agents  ot 
assigns,  may  bid  and  purchase  at  such  sale. 

And  tlie  party  of  the  second  part,  its  successors  or  assigns,  may  estab- 
lish as  one  of  the  conditions  of  such  sale  that  all  bids  and  payments  for 
the  said  property  shall  be  made  in  like  gold  coin  as  aforesaid  and  upoti 
such  sale  shall  make,  execute  and  after  due  payment  made,  deliver  'o 
the  purchaser  or  purchasers  a  deed  or  deeds  of  grant,  or  a  deed  in  aifV 
form  it  may  select,  or  other  instrument,  conveying  so  much  of  the  abo^'O 
granted  premises  and  property  as  are  sold,  and  out  of  the  proceeds  of 
such  sale  or  sales  shall  pay : 

First:  The  expenses  thereof  together  with  all  the  expenses  of  t^is 
trust,  including  counsel  fees,  all  advances  made,  and  interest  on  any  of 
the  payments  aforesaid. 

Second:  All  suras  which  may  have  been  paid  by  the  party  of  the 
second  part,  its  successors  or  assigns,  or  the  holder  or  holders  of  the 


Form  1479  Cowdery's  Form  Book.  554 

notes  aforesaid  and  not  reimbursed,  whether  paid  on  account  of  en- 
cumbrances or  insurance  as  aforesaid,  or  in  the  performance  of  any  of 
the  trusts  herein  created,  and  whatever  interest  may  have  accrued 
thereon;  then  the  principal  and  interest  unpaid  upon  the  promissory 
notes  and  any  additional  sums  advanced  and  interest  thereon ;  and  lastly 
the  balance  of  such  proceeds,  if  any,  to  the  party  of  the  first  part,  its 
heirs  or  assigns.  If  a  sale  is  made  at  the  request  of  the  holder  of  the 
deed  of  trust  and  the  registered  note,  the  trustee  shall  not  be  liable  to 
any  other  person  claiming  to  hold  any  part  of  the  indebtedness  secured 
by  said  deed  of  trust. 

And  in  the  event  of  a  sale  of  said  premises  or  any  part  thereof,  and 
the  execution  of  a  deed  or  deeds  therefor  under  these  trusts,  then  the 
recitals  therein  of  default,  publication  of  notice  of  sale,  and  also  pub- 
lication of  notice  of  postponement,  if  the  same  has  been  postponed,  sale, 
and  receipt  of  the  purchase  money,  shall  be  conclusive  proof  of  such 
default,  of  the  due  publication  of  the  notice  required,  of  the  sale  and 
of  the  notice  of  the  postponement,  together  with  such  notices  as  are 
required  by  this  instrument,  that  the  sale  was  made  to  the  highest 
bidder  and  that  the  purchase  money  was  paid;  and  any  such  deed  or 
deeds  or  any  instrument  conveying  the  property  herein  conveyed  in 
trust,  with  all  such  recitals,  shall  be  effectual  and  conclusive  as  against 
the  party  of  the  first  part,  its  heirs  or  assigns,  and  all  other  persons; 
and  the  recital  of  the  receipt  of  the  purchase  money  contained  in  any 
deed  or  deeds,  or  any  instrument  conveying  the  property  herein  con- 
veyed in  trust,  executed  to  the  purchaser  as  aforesaid,  shall  be  a  suffi- 
cient discharge  to  such  purchaser  from  any  obligation  to  see  to  the 
proper  application  of  the  purchase  money  according  to  the  trust  pro- 
vided in  this  instrument. 

In  witness  whereof,  the  said  Willowbrook  "Water  Company,  party  of 
the  first  part,  has  caused  these  presents  to  be  signed  by  its  president 
and  its  corporate  seal  to  be  hereunto  affixed,  attested  by  its  secretary, 
the  day  and  year  first  above  written. 

Willowbrook  "Water  Company. 

By  ,  President. 

Attest:  ,  Secretary. 

No.  1479.    Deed  of  Surface  Rights  to  Mining  Property. 

This  indenture,  made  the day  of  July,  1917,  between  com- 
pany,  a   corporation   organized   and   existing  under   and   by   virtue   of 

the  laws  of  the  state  of  California,  the  party  of  the  first  part,  and , 

of  the  county  of  Santa  Barbara,  state  of  California,  the  party  of  the 
second  part,  witnesseth : 

That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the 
sum  of  ten  dollars  ($10),  gold  coin  of  the  United  States  of  America, 
to  it  in  hand  paid  by  the  said  party  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  has  granted,  bargained,  sold  and  con- 
veyed, and  by  these  presents  does  grant,  bargain,  sell  and  convey,  unto 


555  Deeds.  Form  1479 

the  said  party  of  the  second  part,  and  to  his  heirs  and  assigiis  forever, 
all  of  the  sin-face  rights  in  and  to  and  upon  the  following  described 
tract  of  land  (with  the  reservations  as  hereinafter  specifically  set  forth) 

situate  in  the  county  of ,  state  of ,  more  particularly  described 

as  follows,  to  wit:  [description.] 

The  party  of  the  first  part,  however,  reserves  unto  itself  all  of  the 
minerals,  mineral  deposits,  mineral  oils  and  natural  gases  of  every  kind 
and  nature  contained  in  or  upon  the  said  lands,  the  surface  of  which 
is  hereby  conveyed,  together  with  the  right,  in  it  and  in  its  successors 
and  grantees,  to  prospect,  mine  and  operate  in  and  upon  the  said  ground 
for  such  minerals,  mineral  deposits,  mineral  oils  and  natural  gases  in 
any  and  all  miner-like  methods  deemed  necessary  in  the  judgment  of  its 
officers  or  agents  or  in  the  judgment  of  its  successors  or  grantees,  for 
the  proper  extraction  of  the  said  minerals  and  removal  of  mineral  de- 
posits, mineral  oils  and  natural  gases  therefrom;  including  the  right  to 
prospect  for  and  sink  water  wells,  oil  wells,  prospect,  development 
and/or  working  shafts,  and  to  drive  tunnels  underneath  the  said  surface, 
and  with  the  additional  right  to  snch  occupation  and  use  of  the  surface 
as  may  be  necessary  in  the  extraction  and  removal  of  any  minerals  that 
may  outcrop  thereon.  It  being  the  intent  of  this  conveyance  that 
neither  the  party  of  the  first  part,  its  successors  or  grantees,  is  to  be 
held  to  any  responsibility  or  accounting  to  the  party  of  the  second  part 
for  any  damage  that  may  result  to  the  surface  of  the  land  by  reason  of 
any  of  said  prospecting,  drilling  of  wells,  working,  mining,  operating 
or  removal  of  minerals  from  either  the  subsurface  or  surface  thereof. 

The  party  of  the  first  part  reserves  the  right  to  itself,  its  officers, 
agents  and  employees,  successors  and  grantees,  of  free  ingress  and 
egress  in  and  upon  the  surface  of  said  land  for  tlie  said  purposes  of 
prospecting,  mining,  drilling  of  wells  and  operating  beneath  the  surface 
thereof,  and  extracting  and/or  removing  the  minerals  from  the  said 
lands,  as  aforesaid,  as  well  as  for  the  extraction  and  removal  of  any 
minerals  outcropping  on  the  surface;  and  is  to  have  the  right  to  erect 
poles  upon  the  surface  of  the  ground  and  to  string  and  maintain  wires 
thereon  to  be  used  for  telephone  lines  and/or  the  transmission  of  elec- 
tricity for  lighting  and/or  power  in  and  about  the  operation  of  said 
mines  or  plants  or  grounds. 

The  party  of  the  first  part  further  reserves  from  this  conveyance,  and 
is  to  have  sufficient  of  said  surface  ground  hereinabove  described  upon 
which  to  erect  and  maintain,  and  is  to  have  the  riglit  to  erect  and/or 
maintain  the  buildings  and  machinery  necessary  or  proper  in  the  pros- 
pecting, sinking  of  wells,  mining  operation  of  the  mines  and  extraction, 
and/or  removal  of  the  mineral  deposits,  minerals,  mineral  oils  and 
natural  gases  contained  in  said  subsurface  or  outcropping  upon  the 
surface;  also  sufficient  of  said  surface  for  the  maintenance  of  and  the 
right  to  maintain  dumps  thereon  for  waste  and/or  for  ores  and  tailings, 
ponds  and  sumps;  and  for  ditches,  roads,  pipe-lines  and  the  erection 
and  renewal  of  poles  upon  which  wires  for  telephone  lines  and  for  the 


Form  1479  Cowdery's  Form  Book.  556 

transmission  of  elecliicity  and/or  power  may  be  strung  as  hereinabove 
set  forth. 

It  being  the  intent  of  this  conveyance  that  neither  the  said  party  of 
the  first  part,  in  respect  to  the  erection  and  maintenance  of  said  build- 
ings and  machinery,  the  maintenance  of  said  dumps,  sumps  and  ponds, 
the  construction  and  maintenance  of  such  roads,  ditches  and  laying 
and  maintenance  of  pipes,  and  erection  and  maintenance  of  poles  upon 
which  wires  may  be  strung  for  telephonic  purposes,  or  for  the  trans- 
mission of  electricity  and/or  power,  nor  its  officers,  agents  or  employees, 
successors  or  grantees,  is  to  be  held  to  any  responsibility  or  accounting 
to  the  party  of  the  second  part  for  any  damage  that  may  result  to  the 
surface  of  said  land  from  the  maintenance  of  the  same  or  from  the 
occupation  or  use  of  said  surface  by  the  party  of  the  first  part,  its 
officers,  agents  or  employees,  or  its  successors  or  grantees,  for  the  ex- 
traction and  removal  of  minerals,  mineral  oils  and  for  natural  gases 
beneatli  the  surface  or  outcropping  upon  the  surface. 

The  part}^  of  the  first  part  further  reserves  the  right  to  build  all 
necessary  structures,  ditches  and/or  lay  pipes,  and/or  to  place  any 
machinery  or  plant  needed  for  the  conveyance  of  water  to  and  upon 
said  land,  and  for  the  proper  use  and  application  of  the  same  for 
domestic  purposes  and/or  for  the  purpose  of  generating  steam,  or  to 
be  used  in  and  about  the  prospecting,  mining  or  operation  of  said  min- 
erals, mineral  oils  or  natural  gases,  and  to  maintain  and  renew  tho 
same  as  in  the  judgment  of  its  officers  may  seem  advisable. 

It  being  understood  and  agreed  that  the  same  exemption  from  lia- 
bility and  responsibility,  with  reference  to  any  damage  to  the  surface 
hereinbefore  reserved  in  favor  of  the  party  of  the  first  part,  its  ofiieers, 
agents  or  employees,  or  its  successors  or  grantees,  regarding  the 
operation  of  the  mines  and  extraction  and/or  removal  of  the  minerals 
and  mineral  deposits,  mineral  oils,  or  natural  gases,  is  to  apply  to  the 
construction,  building  and/or  operation  and  maintenance  of  the  said 
buildings,  machinery,  roads,  ditches,  pipe-lines,  ponds,  sumps,  poles, 
wires  for  telephone  or  electric  lighting  and/or  power  purposes  and  also 
to  the  structures,  machinery,  pipes  or  ditches  that  may  be  used  in  con- 
nection with  the  construction  or  use  of  the  waters  developed  upon  or 
conveyed  to  said  lands,  as  hereinabove  provided. 

Nothing  herein  contained  shall  be  construed  to  restrict  the  party 
of  the  first  part  from  at  any  time  removing  from  the  lands  herein 
referred  to,  any  property  or  thing  placed  by  it  upon  said  lands  in  con- 
nection with  the  mining  operations  thereon. 

Together  with  all  and  singular  the  tenements,  hereditaments  and  ap- 
purtenances thereunto  belonging,  or  in  any  wise  appertaining,  and  tlie 
reversion  and  reversions,  remainder  and  remainders,  rents,  issues  and 
profits  thereof. 

To  have  and  to  hold,  subject  to  the  foregoiner  reservations. 

Subject  also  to  taxes  for  the  current  fiscal  year. 


557  Deeds.  Forms  1479a,  1480 

In  witness  whereof,  the  said  party  of  the  first  part  has  caused  these 
presents  to  be  executed  by  its  officers  thereunto  duly  authorized,  the 
day  and  year  first  above  written.  _     p      -j     i. 

By  ,  Secretary. 

No.  1479a.    Deed  by  Trustees  of  a  Corporation  Which  has  Torfeited  Its 
Charter. 

This  indenture,  made  this  day  of  ,  19—,  by  and  between 

G.  H.,  I.  J.  and  K.  M.,  as  trustees  in  liquidation  of  A.  B.  Company, 
parties  of  the  first  part,  grantors,  and  C.  D.,  grantee, 

Witnesseth : 

Whereas,  A.  B.  Company  was  heretofore  a  corporation  organi.  3d  un- 
der the  Idws  of  the  state  of  California;  and 

Whereas,  said  corporation  has  heretofore  forfeited  its  franchise;  and 

Whereas,  the  grantors  herein  were  at  the  time  of  said  forfeiture  the 
directors  of  said  corporation,  and  as  such  became  trustees  in  liquida- 
tion; and 

Whereas,  the  grantors  have,  as  such  trustees,  sold  the  property  in 
liquidation  of  the  affairs  of  said  corporation; 

Now,  therefore,  in  consideration  of  the  sum  of  one  thousand  five 
hundred  dollars  ($1,500),  paid  to  them,  the  parties  of  the  first  part, 
grantors,  have  granted,  bargained,  sold  and  conveyed,  unto  the  paity 
of  the  second  part,  all  that  certain  lot  of  land  situated  in  the  — ■- 
county  of ,  state  of :  [Description.] 

In  witness  whereof  [etc.].  p  tt 

I.  J."' 
K.  M., 
As  Trustees  in  Liquidation  of  A.  B.  Company. 

No.  1480.    Deed  by  Grantor  Whose  Name  has  Been  Changed. 

This  indenture,  made  this  day  of  ,  19 — ,  by  and  between 

,  formerly  ,  under  which  name  he  derived  title  to  tlie  real 

property  hereinafter  described,  but  which  name  was  changed  to 

by  order  of  the  superior  court  of  the  state  of  ,  in  and  for  the 

county  of ,  entered  in  the  records  of  said  court  on  the  day  of 

,  19 — ,  party  of  the  first  part,  and  party  of  the  second  part. 

Witnesseth : 

That  the  party  of  the  first  part  has  granted,  bargained,  sold  and 
conveyed,  and  by  these  presents  does  grant,  bargain,  sell  and  convey, 
unto  the  party  of  the  second  part,  his  heirs  and  assigns  forever,  all 
that  certain  lot,  piece  or  parcel  of  land:   [Description.] 

In  witness  whereof,  I  have  hereunto  set  my  hand  this  day  of 

,  19—. 


Forms  1481,  1482  Cowdery's  Form  Book.  558 

No.  1481.    Deed  for  Conveyance  of  Real  Property—  Colorado. 

Know  all  men  by  tliese  presents :  That  I,  ol  the  county  of  — — 

and  state  of  ,  for  the  consideration  of  dollars,  in  hand  paid, 

hereby  sell  and  convey  to  of  the  county  of and  the  state  of 

,  the   following  real  property  situate  in  the  county  of  and 

state  of  Colorado,  to  wit:  ,  with  all  its  appurtenances  and  warrant 

the  title  to  the  same. 

Signed  and  delivered  this  day  of  ,  19 — .  

No.  1482.  Notice  of  Trustees'  Sale  of  Real  Estate  at  Public  Auction. 
Know  all  men  by  these  presents:  That  in  accordance  with  the  terms 
and  under  the  authority  of  a  certain  deed  of  trust  duly  executed  by 
A.  B.  and  C.  D.,  his  wife,  to  E.  F.  and  G.  H.,  trustees,  and  K.  L.  Com- 
pany, a  corporation,  beneficiary,  dated  the  second  day  of  January,  1917, 
and  recorded  in  the  office  of  the  recorder  of  the  city  and  county  of  San 
Francisco,  state  of  California,  on  the  twentieth  day  of  January,  1917, 
in  volume  996  of  deeds,  at  page  117;  and  in  pursuance  of  a  resolution 
passed  on  the  twelfth  day  of  June,  1917,  by  the  board  of  directors  of 
said  K.  L.  Company,  and  the  owner  and  holder  of  the  promissory  notes 
(No.  2/8878),  to  secure  the  payment  of  which  the  aforesaid  deed  of 
trust  was  executed,  declaring  that  default  had  been  made  in  the  pay- 
ment of  the  principal  and  interest  and  other  sums  due  under  said  notes 
and  deed  of  trust,  and  requesting  and  directing  the  said  E.  F.  and  G.  H., 
trustees,  to  sell  the  real  property  described  therein  to  satisfy  said 
indebtedness: 

Now,  the  said  E.  F.  and  G.  H.  hereby  give  notice  that  on  Monday, 
the  ninth  day  of  July,  1917,  at  12  o'clock,  noon  of  that  day,  and  at 
the  Polk  street  entrance  of  the  City  Hall  (said  entrance  being  the  front 
door  of  the  courthouse  in  the  city  and  county  of  San  Francisco),  they, 
the  said  trustees,  on  the  application  of  said  K.  L.  Company,  the  owner 
and  holder  of  said  promissory  notes  secured  to  be  paid  by  said  deed 
of  trust  and  because  default  has  been  made  in  payment  of  said  promis- 
sory notes,  will,  as  such  trustees,  sell  at  public  auction  to  the  highest 
bidder  for  cash  in  gold  coin  of  the  United  States  of  America,  all  the 
real  estate  described  in  said  deed  of  trust  as  a  whole  or  in  parts  or  as 
much  thereof  as  they  in  their  discretion  shall  find  it  necessary  to  sell 
in  order  to  accomplish  the  objects  and  purposes  of  said  deed  of  trust 
and  in  order  to  satisfy  and  pay  the  amount  due  and  unpaid  on  the 
aforesaid  promissory  notes  together  with  the  expenses  of  sale  neces- 
sarily incurred  pursuant  to  the  terms  of  said  deed  of  trust. 

The  said  real  property  with  the  improvements  thereon  described  in 
said  deed  of  trust  and  to  be  sold  as  above  indicated  is  situate,  lying  and 
being  in  the  city  and  county  of  San  Francisco,  state  of  California,  and 
more  particularly  described  as  follows,  to  wit:  [Description.] 

Dated,  June  13,  1917.  p,   -p 

G.  H.', 
Trustees. 


559  Default.  Forms  1499, 1500 


DEFAULT. 

1499.  Clerk's  entry  of  default. 

1500.  Notice  of  motion  to  set  aside  default. 

1501.  AiRdavit  on  motion  to  open  default. 

1502.  Affidavit  for  relief  from  default. 

1503.  Order  opening  default. 

1504.  Entry  of  judgment  by  default,  by  clerk. 

1505.  Judgment  by  default,  by  court. 

CKOSS-REFERENCES. 

Clerk's  Entry  of  Default,  No.  1499. 
Entry  of  Judgment  by  Default,  by  Clerk,  No.  1504. 
Judgment  by  Default,  by  Clerk,  No.  2220, 
Judgment  by  Default,  by  Court,  No.  2221. 

No.  1499.     Clerk's  Entry  of  Default. 
[Title  of  Court  and  Cause.] 

In  this  action  the  defendants,  and  ,  have  been  reG:ularly 

served  with  process,  and  having  failed  to  appear  and  answer  the  plain- 
tiff's complaint  on  file  herein,  and  the  time  allowed  by  law  for  answer- 
ing having  expired,  the  default  of  said  defendants,  and  ,  m 

the  premises  is  hereby  duly  entered  according  to  law. 

Attest  my  hand  and  the  seal  of  said  court  this  day  of  , 

191—. 

,  Clerk. 

[Seal]  By  ,  Deputy  Clerk. 

NOTE.— See   Cal.   Code   Civ.   Proc,  sec.   585.     As  to  entry   of   default  by 
court,  see  section  1169  of  the  same  code. 

No.  1500.    Notice  of  Motion  to  Set  Aside  Default. 
[Title  of  Court  and  Cause.] 

To  ,  Attorney  for  Plaintiff. 

You  will  please  take  notice  that  upon  affidavit,  a  copy  of  which  is 

herewith  served,  I  will  move  said  court,  at  its  office  in  the  town  of , 

in  township,  county  of  ,  on  the  day  of  ,  191 — ,  at 

the  hour  of  o'clock  A.  M.,  of  said  day,  or  as  soon  thereafter  as 

counsel  can  be  heard,  that  the  judgment  entered  by  default  against  the 
said  defendant,  and  all  subsequent  proceedings  thereon,  be  set  aside, 
upon  the  ground  that  the  summons  herein  was  not  personally  served, 
and  defendant's  time  for  answering  had  not  elapsed  when  said  judg- 
ment was  entered.  The  said  motion  will  be  based  on  this  notice,  the 
affidavit  of  the  defendant  herein,  and  the  records  and  files  of  the  action. 

Dated  ,  191—. 

,  Attorney  for  Defendant. 


NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  859. 


Forms  1501, 1502  Cowdery's  Form  Book.  5G0 

No.  1501.    Affidavit  on  Motion  to  Open  Default. 
[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Merced, — ss. 

Samuel  Scott,  being  duly  sworn,  saith  that  he  is  one  of  the  defend- 
ants above  named ;  that  by  tlie  return  on  the  summons  in  tlie  above- 
entitled  action,  the  sheriff  of  Merced  county  certifies  that  he  made 
service  on  this  defendant  on  the  twenty-fifth  day  of  April,  1877,  in  said 
county;  but  this  defendant  was  under  the  belief,  and  yet  believes,  that 
he  was  not  served  until  the  twenty-sixth  day  of  April,  1877;  that  on 
the  seventh  day  of  May,  1877,  a  default  was  entered  by  the  clerk  of 
the  above-named  court  against  this  defendant.  Affiant  further  says  on 
his  information  and  belief,  that  at  the  time  and  before  said  default  was 
entered,  his  answer  was  in  the  office  of  Wells,  Fargo  &  Co. 's  Express, 
in  Merced,  with  directions  to  have  the  same  filed,  and  that  the  same 
was  filed  about  nine  o'clock  A.  M.  of  the  seventh  day  of  May,  1877; 
and  that  the  reason  why  it  was  not  sooner  filed  was  that  the  sixth  day 
of  May,  1877,  was  Sunday,  and  it  could  not  be  le^rally  done  on  tliat 
day;  that  affiant  has  fully  and  fairly  stated  to  his  attorneys,  Messrs. 
Bodley  &  Campbell,  all  the  facts  of  said  case,  and  they  have  informed 
him  that  he  has  a  good  and  perfect  defense  to  said  action.  Affiant 
therefore  states  that  he  has  a  good  defense  to  said  action ;  that  the  rea- 
son why  this  application  has  not  been  made  sooner  is,  that  affiant  lias 
been  quite  sick  at  his  home  in  Merced  county,  and  unable  before  this 
time  to  have  his  application  made;  wherefore  affiant  prays  that  said 
default  and  the  judgment  thereon  entered  by  the  said  clerk  be  set  aside, 
and  that  this  defendant  be  allowed  to  answer  said  complaint,  and  tliat 
in  the  meantime  the  sheriff  of  said  county,  to  whom  an  execution  issued 
on  said  judgment  has  been  delivered,  be  ordered  to  desist  from  fur- 
ther action  thereon  until  the  further  order  of  this  court. 

Subscribed  and  sworn  to  before  me,  this  thirty-first  day  of  May, 
A.  D.  1877. 

Samuel  Scott. 

[L.  S.]  W.  P.  Veuve, 

Notary  Public. 

NOTE.— Precedent  in  Eeidy  t.  Scott,  53  Cal.  70. 

No.  1502.    Affidavit  for  Relief  from  Default. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  deposes  and  says  that  he  is  the  defendant  in 

the  above-entitled  action ;  that  tlie  summons  in  said  action  was  served 

upon  him  by  copy  delivered  to  him  in  the  county  of ,  state  of ; 

and  that  at  the  time  of  such  service  he  made  a  memorandum  on  said 


5G1  Default.  Form  1593 

copy  that  the  same  was  served  on  him  on  the day  of ,  191 — ; 

that  the  copy  of  said  summons  so  served  upon  him  commanded  him  to 
appear  and  answer  the  complaint  in  said  action  within  ten  days  after 
service  on  him,  and  that  said  period  within  which  he  was  required  to 

answer  expired  on  the day  of ,  191 — ;  that  on  said day  of 

,  191 — ,  the  last  day  allowed  for  his  appearance,  accordincc  to  his 

memorandum    aforesaid,   he   appeared   as   commanded,   and    offered   to 

answer  the  complaint  in  said  action,  but  was  informed  by  ,  the 

justice  of  the  peace  before  whom  said  action  was  pending-,  that  the 
default  of  this  affiant  had  been  entered  and  judgment  by  default  ren- 
dered against  him  on  the day  of ,  191 — ;  and  he  then  learned 

for  the  first  time  that  the  return  to  said  summons  showed  that  it  was 

served  upon  affiant  on  the  day  of  ,  191 — ,  instead  of  on  the 

day  of ,  191 — ■,  which  affiant  still  believes  to  be  the  true  date 

of  service;  that  if  said  summons  was  served  on  him  on  the  day  of 

,  191 — ,  as  stated  in  said  return,  he  was  then,  and  still  is,  mis- 
taken as  to  the  day  of  service,  by  reason  whereof  he  neglected  to  ap- 
pear and  answer  until  after  his  default  had  been  entered  as  aforesaid 
[that  affiant  has  fully  and  fairly  stated  the  case  in  said  action  to  his 
counsel  (giving  name  and  residence  of  counsel),  and  after  such  state- 
ment is  advised  by  said  counsel,  and  verily  believes,  that  he  has  a  good 
defense  to  said  action  on  the  merits], 

[Signatui-e.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  S59.  Compare  MiHer  v.  Carr,  116 
Cal.  378,  .58  Am.  St.  Rep.  180,  48  Pae.  324. 

Application  for  relief  from  a  jnd.trment  by  default,  on  the  gronnd  of  mis- 
take, inadvertence,  surprise  or  excusable  neglect,  must  be  made  within  ten  days, 
or  other  statutory  time,  after  notice  of  entry  of  judgment,  and  upon  affidavit 
showing  good  cause  therefor:  See  Cal.  Code  Civ.  Proc,  sec.  859. 

No.  1503.     Order  Opening  Default. 
[Title  of  Court  and  Cause.] 

The  defendant  having  shown  good  cause  therefor,  it  is  ordered  that 
his  default  in  not  answering  the  complaint  herein  be,  and  the  same  is, 
hereby  set  aside,  and  the  judgment  against  him  by  default  vacated,  on 

his  payment  into  court  within  one  hour  of  dollars  ($ ),  costs 

for  the  benefit  of  the  plaintiff.  It  is  further  ordered  that  the  defend- 
ant may  have  twenty-four  hours  from  o'clock  A.  M.  of  this  day 

to  answer  the  complaint  herein. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec  859. 
Form  Book — 36 


Forms  1504, 1505  Cowdery's  Form  Book.  562 

No.  1504.    Entry  of  Judgment  by  Default,  by  Clerk. 

[Title  of  Court  and  Cause.] 

In  this  action  the  defendant,  ,  having  been  regularly  served  with 

process,  and  having  failed  to  appear  and  answer  the  plaintiff's  com- 
plaint filed  herein,  the  legal  time  for  answering  having  expired,  and 
no  answer  or  demurrer  having  been  filed,  the  default  of  the  said  de- 
fendant,   ,  in  the  premises  having  been  duly  entered  according  to 

law;  upon  application  of  said  plaintiff  to  the  clerk,  and  in  pursuance 
of  the  prayer  of  said  complaint,  it  is  ordered  and  adjudged  that  the  said 
plaintiff  do   have   and  recover  from  the  said  defendant  judgment  for 

the  sum  of  dollars    ($ ),  gold  coin  of  the  United   States  of 

America,  with  interest  tliereon  at  the  rate  of  per  cent  per  

from  the  date  hereof  till  paid,  together  with  said  plaintiff's  costs  and 

disbursements  incurred  in  this  action,  amounting  to  the  sum  of  

dollars  ($ ). 

Judgment  rendered  ,  191 — . 

[Certificate  of  Clerk.] 

NOTE.— See  Gal.  Code  Civ.  Proc,  sec.  585. 

No.  1505.    Judgment  by  Default,  by  Court. 
[Title  of  Court  and  Cause.] 

In  this  action  the  defendant, ,  having  been  regularly  served  with 

process,  and  having  failed  to  appear  and  answer  the  plaintiff's  com- 
plaint filed  herein,  and  the  legal  time  for  answering  having  expired, 
and  no  answer  or  demurrer  having  been  filed,  the  default  of  said  de- 
fendant,   ,  in  the  premises  having  been  duly  entered  according  to 

law: 

Now,  at  this  day,  on  application  of  ,  attorney  for  said  plaintiff, 

it  is  hereby  ordered  that  judgment  be  entered  herein  against  the  said 
defendant,  in  accordance  with  the  prayer  of  said  plaintiff's  complaint 
on  file  herein. 

Wherefore,  by  reason  of  the  law  and  the  premises  aforesaid,  it  is 
ordered,  adjudged,  and  decreed,  that  ,  plaintiff,  do  have  and  re- 
cover of  and  from  the  said  defendant,  ,  the  sura  of  dollars 

($ ),  United  States  gold  coin,  with  interest  tliereon  at  the  rate  of 

per  cent  per from  the  date  hereof  until  paid ;  together  with 

said  plaintiff's  costs  and  disbursements  incurred  in  said  action,  amount- 
ing to  the  sum  of dollars  ($ ). 


DEFEASANCE. 

Mortgage — ^Beed  With  Defeasance — Arizona,  No.  270S. 
Mortgage — Grant  With  Defeasance,  No.  2709. 


563  Demand — Demurrer.  Forms  1510-1516 

DEMAND. 
1510.    Demand  for  snrrender  of  premises. 

CROSS-REFERENCES. 

Demand  for  Change  of  Place  of  Trial,  No.   863. 

No.  1510.    Demand  for  Surrender  of  Premises. 

To  J.  J.,  Esq. 

My  dear  sir:  I  hereby  demand  that  you  forthwith  surrender  to  me 
the   southwest   quarter   of   the   southwest   quarter   of   section    No.    26, 
township    No.    12    south,    of    range    22    east,    Mount    Diablo   base    and 
meridian,  county  of  Tulare,  state  of  California. 
[Dated.] 

Respectfully  yours, 

J.  R.  S. 

NOTE. — A  copy  of  the  notice  should  be  served,  and  the  original  preserved 
as  evidence,  because  it  has  been  the  oxperieuee  of  the  writer  of  this  7ioto  that 
defendants  in  forcible  entry  cases  seldom  admit  a  fact  if  there  is  the  slightest 
pretext  for  the  introduction  of  conflicting  evidence.  It  would  be  advisable, 
and  in  some  instances  less  dangerous  to  the  notice  server's  person,  to  have  a 
witness,  who  should,  if  convenient,  be  a  friend,  present  when  demand  is  made. 
It  is  not  necessary,  however,  to  reduce  the  demand  to  writing.  It  may,  in 
cases  of  danger,  be  shouted  at  the  intruder  through  a  hole  in  a  fence,  or  crack 
in  a  wall,  or  from  the  roof  of  a  house,  or  top  branches  of  a  tree.  The  princi- 
pal object  is  to  make  a  demand,  and  the  law  does  not  require  special  formality 
in  doing  so.  Even  the  words  "My  Dear  Sir,"  and  "Respectfully  yours,"  may 
be  omitted.  They  may,  however,  in  extreme  cases,  serve  a  good  purpose  as 
conciliatory  expressions.  If  practicable,  the  intruder  might  be  requested  to 
admit  service  of  demand.  If  so,  write  on  the  back  of  the  written  demand: 
"Service  of  the  within  admitted  this  eleventh  day  of  August,  1906,"  to  which 
the  intruder  signs  his  name:  California  Code  Civ.  Proc,  sec.  1160. 

DEMURRER. 

1516.  Demurrer — General. 

1517.  Demurrer  for  defect  of  parties  plaintiff. 

1518.  Demurrer  for  misjoinder  of  causes  of  action. 

1519.  Demurrer  for  misjoinder  of  parties. 

1520.  Demurrer  for  uncertainty. 

1521.  Demurrer  for  want  of  jurisdiction. 

1522.  Demurrer — Statute  of  limitations. 

1523.  Demurrer  to  answer  for  not  stating  defense. 

CROSS-REFERENCES. 

Notice  of  Sustaining  Demurrer,  No.  2782. 

No.  1516.    Demurrer — General. 
[Title  of  Court  and  Cause.] 

The  defendant  demurs  to  the  complaint  herein,  on  the  ground  that 
the  complaint  does  not  state  facts  sufficient  to  constitute  a  cause  of 
action. 

[Signature.] 


Forms  1517-1520  Cowdery's  Form  Book.  564 

NOTE'. — The  defendant  may  demur  to  the  complaint  within  the  time  required 
by  the  summons  to  answer,  when  it  appears  upon  the  face  thereof,  either:  1. 
That  the  court  has  no  jurisdiction  of  the  person  of  the  defendant,  or  the  sub- 
ject of  the  action;  or  2.  That  the  plaintiff  has  not  legal  capacity  to  sue;  or 
3.  That  there  is  another  action  pending  between  the  same  parties  for  the  same 
cause;  or  4.  That  there  is  a  defect,  or  misjoinder,  of  parties  plaintiff  or  de- 
fendant; or  5.  That  several  causes  of  action  have  been  improperly  united  or 
not  separately  stated;  or  6.  That  the  complaint  does  not  state  facts  sufficient 
to  constitute  a  cause  of  action;  or  7.  That  the  complaint  is  ambiguous,  unin- 
telligible, or  uncertain.  The  complaint  must  specify  the  grounds  of  demurrer, 
and  unless  it  does,  it  will  be  disregarded:  Alaska,  Comp.  Law^s  1913,  sec.  890 
ot  seq.;  Arizona,  Kev.  Stats.  (Civ.  Code  1913),  see.  468  et  seq.;  California, 
Code  Civ.  Proc,  sec.  430  et  seq.;  Idaho,  Eev.  Codes  1907,  sees.  4669,  4672, 
4673;  Kansas,  Gen.  Stats.  1915,  sec.  6984  et  seq.;  Montana,  Eev.  Codes 
1907,  sees.  6554-6559;  Nebraska,  Eev.  Code  1913,  sees.  7680,  7681;  Nevada, 
Eev.  Laws  1912,  sees.  5053-5056;  New  Mexico,  Stats.  Ann.  1915,  sees.  4110- 
4113,  4131;  North  Dakota,  Comp.  Laws  1913,  sec.  7441  et  seq.;  Oklahoma, 
Harris  &  Day's  Code  1910,  sees.  4740-4744;  Oregon,  Lord's  Oregon  Laws, 
sec.  68  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sees.  4908-4913;  Utah, 
Comp.  Laws  1907,  sec.  2962  et  seq.;  Washington,  Eem.  Code,  sees.  259,  260, 
274;  Wyoming,  Comp.  Stats.  1910,  sec.  4381  et  seq. 

No.  1517.    Demurrer  for  Defect  of  Parties  Plaintiff. 
[Title  of  Court  and  Cause.] 

The  defendant  demurs  to  the  complaint  on  the  ground  that  there  is 
a  defect  of  parties  plaintiff  in  this: 

It  appears  in  the  complaint  that  an  interest  in  the  cause  of  action 

therein  stated  has  been  assigned  to  ,  and  the  said  should  be 

made  a  party  plaintiff.  re-       ^        i 

^      "^  '■  [Signature.] 

No.  1518.    Demurrer  for  Misjoinder  of  Causes  of  Action. 
[Title  of  Court  and  Cause.] 

The  defendant  demurs  to  the  complaint  on  the  ground  that  several 
causes  of  action  have  been  iniproperlj'  united  in  this,  a  cause  of 
action  for  the  conversion  of  personal  property  by  defendant,  and  for 
damages  for  the  conversion,  and  an  action  to  recover  the  possession  of 

the  said  property.  ^„.       .        , 

^     '       ^  [Signature.] 

No.  1519.    Demurrer  for  Misjoinder  of  Parties. 

[Title  of  Court  and  Cause.] 
The  defendant  demurs  to  the  complaint  on  the  ground  that  is 

improperly  made  plaintiff  in  said  action.  ^^.        ,        . 

^    ^      -^  ^  [Signature.] 

No.  1520.    Demurrer  for  Uncertainty. 
[Title  of  Court  and  Cause.] 

The  defendant  demurs  to  the  complaint  on  the  ground  that  the  com- 
plaint herein  is  uncertain  in  this,  it  cannot  be  ascertained  therefrom 
whether  plaintiff  sues   as   assignee   or   administrator  of  the   estate  of 

,  deceased.  -  ro-       ,        -. 

[Signature.] 


565  Demurrer.  Forms  1521-1523 

No.  1521.    Demurrer  for  Want  of  Jurisdiction. 
[Title  of  Court  and  Cause.] 

The  defendant  demurs  to  the  complaint  in  this  action,  on  the  erround 
that  the  court  has  no  jurisdiction  of  the  person  of  the  defendant,  be- 
cause   said    complaint    alletj:es   that   the   defendant   made   the    contract 

described  in  the  complaint  as  consul  of ,  at  the  port  of  . 

[Signature.] 

No.  1522.    Demurrer — Statute  of  Limitations. 
[Title  of  Court  and  Cause.] 

Now  comes  the  defendant  and  demurs  to  the  complaint  herein  on 
the  ground  that  plaintiff  should  not  maintain  this  action,  because  the 

complaint  shows  that  it  is  barred  by  the  provision  of of  the  state 

of -. 

[Signature.] 

No.  1523.    Demurrer  to  Answer  for  not  Stating  Defense. 
[Title  of  Court  and  Cause.] 

Now  comes  the  plaintiff,  and  demurs  to  the  answer  herein  on  the 
ground  that  the  said  answer  does  not  state  facts  sufficient  to  constitute 
a  defense  to  this  action. 

[Signature.] 

NOTE. — The  plaintiff  may,  within  the  same  length  of  time  after  service  of 
the  answer  as  the  defendant  is  allowed  to  answer  after  s-ervice  of  summons, 
demur  to  the  answer,  or  to  any  one  or  more  of  the  several  defenses  or  counter- 
claims set  up  in  the  answer,  upon  the  grounds:  1.  That  several  causes  of 
counterclaims  have  been  improperly  joined  or  not  separately  stated;  2.  That 
the  answer  does  not  state  facts  sufficient  to  constitute  a  defense  or  counter- 
claim; 3.  That  the  answer  is  ambiguous,  unintelligible  or  uncertain:  Arizona, 
Eev.  Stats.  (Civ.  Code  1913),  sec.  470;  California,  Code  Civ.  Troc,  sec.  143 
et  seq.;  Idaho,  Eev.  Codes  1907,  sec.  4672;  Kansas,  Gen.  Stats.  1915,  sees. 
6996-6998;  Montana,  Rev.  Codes  1907,  sec.  6554;  Nebraska,  Rev.  Code  1913, 
sec.  7680;  Nevada,  Rev.  Laws  1912,  sec.  5053;  New  Mexico,  Stats.  Ann.  1915, 
sees.  4119-4121;  North  Dakota,  Comp.  Laws  1913,  sec.  7450;  Oklahoma, 
Harris  &  Day's  Code  1910,  sees.  4753-4755;  Oregon,  Lord's  Oreeon  Laws, 
see.  75;  South  Dakota,  Comp.  Laws  1913,  sec.  4918;  Utah,  Comp.  Laws  1907, 
sec.  2976;  Washington,  Rem.  Code,  sec.  276;  Wyoming,  Comp,  Stats.  1910, 
sec.  4387. 


Form  1536  Cowdery's  Form  Book.  566 


DEPOSITIONS. 

1536.  Notice  of  taking  depositions. 

1537.  Affidavit  to  take  deposition  of  witness  within  state. 

1538.  Stipulation  to  take  deposition  of  witness. 

1539.  Stipulation  to  take  deposition  without  notice  or  commission. 

1540.  Affidavit  for  order  shortening  time  for  examination  of  witness. 

1541.  Order  shortening  time  for  examination  of  witness. 

1542.  Notice  of  taking  deposition  after  time  shortened. 

1543.  Deposition. 

1544.  Notice  of  motion  for  commission  to  examine  witness  out  of  state. 

1545.  Affidavit  to  take  deposition  of  witness  out  of  state. 

1546.  Order  for  commission  to  take  testimony. 

1547.  Commission  to  take  testimony. 

1548.  Commission — Shorter  form. 

1549.  Instructions  to  commissioners. 

INTRODUCTORY  NOTE. 

The  statutes  covering  this  subject  appear  in  the  note  below. 

NOTE.— Alaska,  Comp.  Laws  1913,  sees.  1474-1490;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sees.  1689-1729;  California,  Code  Civ.  Proc,  sec.  2019 
et  seq.;  Colorado,  Mill's  Ann.  Stats.  1912,  sees.  4306,  4307;  Hawaii,  Rev.  Code 
1915,  sees.  2566-2584;  Idaho,  Rev.  Codes  1907,  sec.  6059  et  seq.;  Kansas, 
Gen.  Stats.  1915,  sec.  7250  et  seq.;  Montana,  Rev.  Codes  19*07,  sec.  80O2  et 
seq.;  Nebraska,  Rev.  Code  1913,  sec.  7935  et  seq.;  Nevada,  Rev.  Laws  1912, 
sees.  5454-5473;  New  Mexico,  Stats.  Ann.  1915,  see.  2125  et  seq.;  North 
Dakota,  Comp.  Laws  1913,  sec.  7889  et  seq.;  Oklahoma,  Harris  &  Day's  Code 
1910.  sec.  5074  et  seq.;  Oregon,  Lord's  Oregon  Laws,  sec.  835  et  seq.;  South 
Dakota,  Comp.  Laws  1913,  sees.  52S9-5299;  Utah,  Comp.  Laws  1907,  sec. 
3449  et  seq.;  Washington,  Rem.  Code,  see.  1231  et  seq.;  Wyoming,  Comp. 
Stats.  1910,  sec.  4558  et  seq. 

No.  1536.    Notice  of  Taking  Depositions. 

[Title  of  Court  and  Cause.] 

Notice  of  Taking  Depositions  of  Witnesses,  and  Time  and  Place  of 

Examination. 

State  of , 

County  of  ,  ss. 

To ,  Attorney  for  Defendant. 

You  will  please  take  notice  that  the  depositions  of  and  , 

witnesses  on  behalf  of  the  plaintiffs  in  the  above-entitled  action,  to  be 

used  upon  the  trial  thereof,  will  be  taken  before ,  a  notary  public 

in  and  for  the  county  of ,  in  the  state  of ,  at  his  office  in  the 

city  of  ,  in  the  county  of  ,  on  the  day  of  ,  191 — , 

between  the  hours  of  A.  M.  and  P.  M,  of  that  day;  com- 

mencing:  at  o'clock  A.  M.,  and  if  not  completed  on  that  day,  the 

taking  thereof  will  be  continued  from  day  to  day  successively  there- 
after, and  over  holidays,  at  the  same  place,  until  completed. 


567  Depositions.  Forms  1537-1539 

And  you  will  further  take  notice  that  the  annexed  is  a  copy  of  an 

affidavit  of  ,  one  of  said  plaintiffs,  showing  that  the  case  is  one 

in  which  depositions  may  be  taken. 

Dated  ,  191—. 

,  Attorney  for  Plaintiffs. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  2031. 

No.  1537.    Affidavit  to  Take  Deposition  of  Witness  Within  State. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  deposes  and  says  that  he  is  the  plaintiff  in 

the  above-entitled   action;   that  the  summons  in  said  action  has  been 

served;  that  is  a  material  and  necessary  witness  for  the  plaintiff 

in  said  action;  that  said  witness  resides  out  of  the  county  where  his 

testimony  is  to  be  used,  to  wit,  in  the  county  of  ,  in  this  state, 

and  more  than  fifty  miles  by  the  nearest  usual  traveled  route  from 

,  the  county  seat  of  county,  where  said  action  is  to  be  tried; 

and  that  he  cannot  be  compelled  to  attend  at  the  trial  of  said  action. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Code  dv.  Proc,  sec.  2021. 

No.  1538.    Stipulation  to  Take  Deposition  of  Witness. 

[Title  of  Court  and  Cause.] 

It  is  hereby  stipulated  and  agreed  that  the  deposition  of ,  a  witness 

on  behalf  of  the  plaintiff  in  the  above-entitled  action,  may  be  taken  before 

,  a  notary  public  in  and  for  the  county  of  ,  in  this  state,  at 

his  office  in  said  county  on  the  day  of  ,  191 — ,  betv/een  the 

hours  of A.  M.  and P.  M.  of  that  day,  and,  if  not  completed 

on  that  day,  may  be  continued  from  day  to  day  siiccessively  thereafter, 

and  over  holidays,  at  the  same  place,  until  completed;  and  that,  when 

so  taken,  the  said  deposition  may  be  used  on  the  trial  of  said  action, 

subject  to  the  same  objection  (except  as  to  the  form  of  interrogatories) 

as  if  the   said  witness  were  there  personally  present  and   testifying 

therein. 

Dated  ,  191—.  ,^^  ^      T^  .     , 

■ ,  Attorney  for  Defendant. 

,  Attorney  for  Plaintiff. 

No.  1539.    Stipulation  to  Take  Deposition  Without  Notice  or  Commis- 
sion. 

[Title  of  Court  and  Cause.] 

It  is  hereby  stipulated  and  agreed  by  and  between  the  parlies  plain- 
tiff and  defendant  in  this  action,  that  the  deposition  of  defendant  S.  W. 


Forms  1540, 1541  Cowdery's  Form  Book.  568 

Collins  be  taken  at  the  city  of  San  Francisco,  in  the  state  of  Califor- 
nia, before  F.  J.  Thibault,  notary  public,  on  the day  of  November, 

1866,  waiving  hereby  all  preliminary  notice,  commission,  and  other 
forms.     This  deposition  to  be  used  by  either  party  on  said  trial. 

Wells  &  Kennedy, 

Attorneys  for  Plaintiff. 
Robert  M.  Clark, 
W.  M.  Gates, 
Attorneys   for   Defendants. 

NOTE. — Precedent  in  Sargent  v.  Collins,  3  Nev.  268. 

No.  1540.    Affidavit  for  Order  Shortening  Time  for  Examination  of 

Witness. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above- 
entitled  action;  that  the  summons  in  said  action  has  been  served;  that 

is  a  witness  material  and  necessary  for  the  said  plaintiff  on  the 

trial  of  said  action;   that  the  plaintiff  cannot  safely  proceed  to  trial 

without  the  testimony  of  the  said  ;  that  the  said  witness  resides 

in  the  county  of  ,  and  is  about  to  leave  said  county  of  and 

remove  to ,  and  will  probably  continue  to  be  absent  when  his  testi- 
mony is  required  [or  state  other  facts  showing  that  the  case  is  within 
the  statute,  such  as  that  said  witness  is  too  infirm  to  attend  the  trial ; 
that  his  testimony  will  be  required  upon  a  motion,  stating  it;  or,  that 
said  witness  is  the  only  one  who  can  establish  the  fact,  or  facts,  mate- 
rial to  the  issue,  and  which  are  ,  stating  them]  ;  that  affiant  had 

no  knowledge  or  information  of  his  intended  departure  from  this  county 

until  this  day;  that  said  witness  intends  to  start  for  the  said  on 

the  day  of  this  month;  that  affiant  was  not  aware  of  the  said 

intended  departure  in  time  to  give  five  days'  notice  of  the  time  and 
place  of  taking  his,   said  witness',  deposition;   and  that   the  attorney 

for  the  said  defendant  resides  at  , 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.   1005.   1054,  2031,  2038. 

No.  1541.    Order  Shortening  Time  for  Examination  of  Witness. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  88. 

Good  cause  being  shown  to  me  therefor  by  the  foregoing  affidavit,  it 
is  ordered  that  the  deposition  of  the  within  named  witness  be  taken 


569  Depositions.  Forms  1542, 154;i 

ujoon  three  days'  notice  to  the  attorney  of  defendant,  and  that  a  copy 
of  said  affidavit,  and  of  this  order,  be  served  on  the  said  attorney. 
Dated  ,  191—. 

,  Judge. 

NOTE.— See  Cal.   Code  Civ.  Proc,  sec.  2031. 

No.  1542.    Notice  of  Taking  Deposition  After  Time  Shortened. 
[Title  of  Court  and  Cause.] 

To  ,  Attorney  for  Defendant. 

Take  notice  that  the  deposition  and  testimony  of  the  witness  in  the 

foregoing  affidavit  mentioned  will  be  taken  on  the  day  of  , 

191 — ,  and  before  ,  a  notary  public,  at  his  office,  ,  in  the  town 

of ,  state  of ;  and  that  the  dc])osition  and  testimony  so  taken 

will  be  used  as  evidence  on  the  trial  of  the  above-entitled  action. 

,  Attorney  for  Plaintiff. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  20r!l. 

A  copy  of  the  order  shortening  time  must  be  served  with  the  notice. 

No.  1543.    Deposition. 

[Title  of  Court  and  Cause.] 
Be  it  remembered  that,  pursuant  to  the  order  hereunto  annexed,  and 

on  the day  of ,  191 — ,  at  ,  in  the  county  of ,  state  of 

,  before  me,  ,  a  notary  public  in  and  for  the  said  county  of 

,   personally   appeared   ,   witness,   produced   on   behalf  of   the 

plaintiff  in  the  above-entitled  action,  now  pending  in  the  said  court, 
who,  being  first  by  me  duly  sworn,  was  then  and  th.ere  examined  and 

interrogated  by  ,  of  counsel  for  the  said  plaintiff,  and  by  ,  of 

counsel  for  the  said  defendant,  and  testified  as  follows:  .     [Hero 

follows  testimony.] 

[Signature  of  witness.] 

State  of , 

County  of  ,  ss. 

I, ,  a  notary  public  in  and  for  said  county,  do  hereby  certify  that 

the  witness  in  the  foregoing  deposition,  named  ,  was  by  me  dulv 

sworn;  that  said  deposition  was  then  taken  at  the  time  and  place 
mentioned  in  the  annexed  order,  to  wit,  at  my  office,  in  the  county  of 

,  state  of  ,  and  on  the  day  of  ,  191 — ,  between  the 

hours  of A.  M.  and  P.  M.  of  that  day;  that  said  deposition 

was  reduced  to  writing  by  me,  and,  when  completed,  was  by  me  care- 
fully read  to  said  witness,  and  being  by  him  corrected,  was  by  him 
subscribed  in  my  presence. 

Witness  my  hand  and  official  seal  this day  of ,  191 — . 

[Seal]  [Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  2032. 


Forms  15^4-1546  Cowdery  's  Form  Book.  570 

No.  1544.    Notice  of  Motion  for  Commission  to  Examine  Witness  Out 

of  State. 
[Title  of  Court  and  Cause.] 

To  ,  Attorney  for  Defendant. 

The and  his  attorney  will  please  take  notice  that  upon  the  affi- 
davit of  served  with   this   notice,   and   upon   the   complaint   and 

papers   filed  in   the   above-entitled   action,   tlie  will  apply  to  the 

Honorable ,  presiding  judge  of  this  court,  at  the  courtroom  thereof, 

in  the  county  of  ,  on  the  -day  of  ,  191—    at  the  hour  of 

o'clock  A.  M.,  or  as  soon  thereafter  as  counsel  can  be  heard,  for 

an  order  directing  a  commission  to  issue  out  of  and  under  the  seal 

of  this  court,  to  take  the  testimony  of  ,  witness  residing  out  of 

this  state,  directed  to  some  proper  person  residing  at  the  city  of  , 

state  of ,  then  and  there  to  be  selected  and  appointed  by  the  judge 

of  this  court. 

Dated ,  191—.  . 

,  Attorney  for  Plamtuf. 

NOTE.— See  Cal.  Code  Civ.  Proc.  sec.  2024. 

The  deposition  may  be  taken  by  either  party  upon  five  days'  previous  notice 
to  the  other. 

No.  1545.    Affidavit  to  Take  Deposition  of  Witness  Out  of  State. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

^  being  duly  sworn,  deposes  and  says  that  he  is  the  plaintiff  in 

the  above-entitled  action;   that  the  summons  in  said  action  has  been 

served ;  that  is  a  material  and  necessary  witness  for  the  plaintiff 

in  said  action;  that  said  witness  resides  out  of  this  state,  to  wit,  at 

in  the  state  of  ;  tlmt  he  is  now  absent  from  this  state,  and 

will  probably  so  continue  when  his  testimony  is  required. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  2020. 

No.  1546.    Order  for  Commission  to  Take  Testimony. 
[Title  of  Court  and  Cause.] 

Upon  reading  and  filing  the   afiidavit  of  ,   and  upon  the   files, 

papers,  and  records  in  this  action,  and  due  proof  of  service  of  notice 

of  motion  having  been  made  and  filed,  on  motion  of  ,  attorney  for 

the  plaintiff  in  said  action: 

It  is  ordered  that  a  commission  issue  out  of  and  under  the  seal  of 

this  court,  directed  to ,  a  person  agreed  upon  by  and  between  the 

parties,  residing  at  the  city  of  ,  in  the  state  of  ,  to  take  the 


571  Depositions,  Forms  1547, 1548 

testimony  of  ,  residing  at  the  same  place,  as  a  witness  on  behalf 

of  the  plaintil¥,  upon  such  proper  interrogatories,  direct  and  cross,  as 
the  respective  parties  may  prepare  to  be  settled,  or  if  the  parties  shall 
disagree  as  to  their  form,  then  in  the  form  to  be  settled  by  this  court, 

on  ,  the  day  of  ,  191 — ,  at  o'clock  A.  M.,  at  the 

courtroom  thereof. 

Dated  ,  191—. 

,  Judge. 

NOTE.— See  Cal.  Code   Civ.  Proc,  sees.  1010,  2024,  2025. 

No.  1547.     Commission  to  Take  Testimony. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of to ,  in  the  City  of ,  State  of 

,  Greeting. 

Whereas  it  appears  to  the  judge  of  our  court,  in  and  for  the 

county  of  ,  state  of  ,  that  ,  of  the  city  of  ,  in  the 

state  of ,  is  a  material  witness  in  a  certain  action  now  pending  in 

our  said  court,  between  ,  plaintiff,  and  ,  defendant,  and 

that  the  personal  attendance  of  said  witness  cannot  be  procured  at  the 
trial  of  the  said  action,  we,  in  confidence  of  your  prudence  and  fidelity, 
have  appointed  you,  and  by  these  presents  do  appoint  you,  a  commis- 
sioner to  examine  said  witness;  and  therefore  we  authorize  and  em- 
power you,  at  certain  days  and  places,  to  be  by  you  for  that  purpose 
appointed,  diligently  to  examine  said  witness  on  the  interrogatories 
annexed  to  this  commission,  in  respect  to  the  questions  in  dispute 
herein,  and  upon  the  interrogatories,  direct  and  cross,  and  upon  his 
oath,  first  taken  before  you,  and  cause  the  said  examination  of  the 
said  witness  to  be  reduced  to  writing  and  signed  by  the  same  witness, 
and  by  yourself,  and  then  certify  and  return  the  same  annexed  to  this 

commission,    in    a    sealed    envelope,    unto    our    court    aforesaid, 

directed  to  the  clerk  thereof,  by  mail  or  other  usual  channel  of  con- 
veyance, with  all  convenient  speed,  inclosed  under  your  seal. 

Witness  the  Honorable  ,  presiding  judge  of  the  court  of 

the  county  of ,  state  of ,  this  day  of ,  191—. 

Attest  my  hand  and  the  seal  of  said  court  the  day  and  year 

last  above  written. 

,  Clerk. 


By  ,  Deputy  Clerk. 

NOTE.— See  Cal.  Code  Cir.  Proc,  sees.  2024,  2026. 

No.  1548.     Commission — Shorter  Form. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of ,  to 


Know  ye  that,  trusting  to  your  fidelity  and  circumspection,  we  have 
appointed  you  special   commissioner,  and   do  hereby  authorize  you  to 


Form  1549  Cowdery  's  Form  Book.  572 

administer  the  necessary  oaths,  and  take  the  depositions  of  and 

,  residing  at ,  county  of ,  state  of ,  or  either  of  them, 

in  answer  to  the  interrogatories,  direct  and  cross,  annexed  hereto,  in 
the  matter  of  the  estate  of ,  deceased. 

All  of  which  matter,  together  with  this  writ,  you  will  return  to  this 
court,  according  to  law,  in  a  sealed  envelope,  directed  to  the  clerk  of 

said  court,  at  the  city  of  ,  state  of  ■ ,  and   forward  the 

same  by  mail  or  express,  or  other  usual  channel  of  conveyance. 

Witness  [etc.]. 

No.  1549.    Instructions  to  Commissioners. 

1.  All  the  commissioners  named  in  the  commission  shall  have  notice 
of  the  time  and  place  of  executing  it;  and  if  any  of  them  do  not  act, 
let  the  fact  that  they  were  notified,  or  could  not  be  notified,  and  the 
reasons  for  their  not  acting,  be  stated. 

2.  The  commission  must  be  executed  by  commissioners  named  therein. 

3.  The  acting  commissioners  will  examine  the  witnesses  separately, 
after  publicly  administering  to  tliem  the  following  oath  or  affirmation : 

"You  do  solemnly  swear  that  the  evidence  you  shall  g^ve  in  this 

issue,  pending  between  and  ,  shall  be  the  truth,  the  whole 

truth,  and  nothing  but  the  truth.     So  help  you  God." 

Or,  if  the  witness  shall  declare  that  he  has  conscientious  scruples 
against  taking  an  oath,  or  swearing  in  any  form,  he  shall  be  permitted 
to  make  his  affirmation  in  the  following  form:  "You  do  solemnly  de- 
clare," as  above. 

4.  Tlie  general  style  or  title  of  the  depositions  must  be  drawn  up  in 
the  following  manner: 

Depositions  of  witnesses  produced,  sworn,  and  examined,  the  

day  of ,  191 — ,  at ,  under  and  by  virtue  of  a  commission  issued 

out  of  the court  in  and  for  the  county  of ,  state  of ,  in  a 

certain  cause  therein  depending  and  at  issue  between  ,  plaintiff, 

and ,  defendant,  as  follows: 

,  of  ,  aged years  and  upwards,  being  duly  and  publicly 

sworn,  pursuant  to  the  directions  hereto  annexed,  and  examined  on 
the  part  of  the  plaintiff,  doth  depose  and  say  as  follows,  viz.:  First, 
To  the  first  interrogatory  he  saith  [etc.].  Second.  To  the  second 
interrogatory  he  saith   [etc.].     And  so  on  throughout. 

If  he  cannot  answer,  let  him  say  that  he  does  not  know. 

5.  If  there  be  any  cross-interrogatories,  the  witness  will  go  on  thus: 
First.  To   the  first   cross-interrogatory   he   saith    [etc.].     And   so   on 

throughout. 

6.  When  the  witness  has  finished  his  deposition,  let  him  subscribe  it, 
and  the  acting  commissioners  will  certify  as  follows: 

"Examination  taken,  reduced  to  writing,  and  by  the  witness  sub- 
scribed and  sworn  to  this  day  of ,  191 — ,  before 

"[Signatures.]" 


c;73  Depositions.  Fjrm  154r'j 

7.  If  any  papers  or  exhibits  arc  produced  and  proved,  they  must 
be  annexed  to  the  depositions  in  which  they  are  referred  to,  and  be 
subscribed  by  the  witness,  and  be  indorsed  by  the  acting  commissioners, 
in  this  manner: 

"At  the  execution  of  a  commission  for  the  examination  of  witnesses, 

between  ,  plaintiff,  and  ,  defendant,  this  paper  writing  was 

produced  and  shown  to  ,  and  by  him  deposed  unto  at  the  time  of 

his    examination,   before  [Signatures.]" 

8.  The  acting  commissioners  will  sign  their  names  to  each  half- 
sheet  of  the  depositions  and  exhibits. 

9.  If  an  interpreter  is  employed,  one  of  the  commissioners  will  ad- 
minister to  him  the  following  oath,  and  certify  thereto: 

"You  do  solemnly  swear  that  you  will  truly  and  faithfully  inter- 
pret the  oath  and  interrogatories  to  be  administered  to  ,  a  wit- 
ness now  to  be  examined,  out  of  the  English  language  into  the  Chinese 
language,  and  that  you  will  truly  and  faithfully  interpret  the  answers 
of  the  said thereto,  out  of  the  Chinese  into  the  English  language." 

Let  the  deposition  be  subscribed  by  the  interpreter  as  well  as  by 
the  witness,  and  certified  by  the  acting  commissioners  as  follows: 

"Examination  taken,  reduced  to  writing,  subscribed  by  the  witness 

and  by  the  sworn  interpreter,  and  sworn  to  by  the  witness,  this  

day  of  ,  191—,  before  [Signatures.]" 

10.  The  commissioners  will  make  return  on  the  back  of  the  commis- 
sion by  indorsement,  thus: 

"The  execution  of  this  commission  appears  in  certain  schedules 
hereunto  annexed.  [Signatures.]" 

11.  The  depositions  and  exhibits  must  be  annexed  to  the  commis- 
sion, and  then  the  commission,  the  directions,  the  interrogatories, 
cross-interrogatories,  depositions,  and  exhibits  must  be  folded  into  a 
packet  and  bound  witli  tapes.  The  acting  commissioners  are  to  set 
their  seals  at  the  several  meetings  or  crossings  of  the  tape,  indorse 
their  names  on  the  outside,  and  direct  it  thus: 

"To  ,  Clerk  of  the  Court,  at  ,  ." 

12.  When  the  commission  is  thus  executed,  made  up,  and  directed,  it 
must  be  returned  in  the  manner  specified  in  the  direction  on  the  com- 
mission, if  there  be  any. 

13.  If  tliere  be  no  direction  on  the  commission  specifying  the  man 
ner  in  which  it  is  to  be  returned,  then  it  must  either  be  delivered  to 
the  court  by  one  of  the  acting  commissioners  personally,  or  else  be 
forwarded  by  some  person  coming  to  this  place,  and  who  must  be  able, 
on  his  arrival,  to  make  oath  before  one  of  the  judges  or  the  clerk  of 
the  court : 

That  he  received  the  same  from  the  hands  of  ,  one  of  the  com- 
missioners, and  that  it  had  not  been  opened  or  altered  since  he  so 
received  it. 


Form  15-19  Cowdery's  Form  Book.  574 

14.  In  case  of  returning  the  commission  by  mail,  it  is  to  be  deposited 
by  one  of  the  acting  commissioners  in  the  nearest  postoffice,  he  making 
the  following  indorsement  thereon: 

"Deposited  in  the  postoffice  at  the  city  of  ,  this  day  of 

,  191 — ,  by  me,  [Signature.]" 

15.  In  case  of  returning  the  commission  by  a  vessel,  it  is  to  be  de- 
posited by  one  of  the  acting  commissioners  in  the  letter-bag  of  such 
vessel,  he  making  upon  the  commission  the  following  indorsement;  it 
may  also  be  forwarded  by  any  usual  conveyance : 

"Deposited  in  the  letter-bag  of  the  ship  ,  now  lying  at ,  and 

bound  for  the  port  of  ,  this  day  of ,  191 — ,  by  me, 

"[Signature.]" 

NOTE. — In  the  absence  of  any  statutory  provision  requiring  instructions  to 
be  given  to  commissioners,  the  general  practice  as  outlined  in  the  above  form 
may  be  followed;  and  the  commissioners  should  be  careful  to  observe  such  in- 
structions, as  the  smallest  variance  may  vitiate  the  execution  of  the  commis- 
sion. If  but  one  commissioner  is  named  in  the  commission,  change  the  lan- 
guage in  the  above  form  to  suit. 

DEVISE. 

See  Wills. 

Devise  or  Gift  to  Stanford  University,  San  Mateo  County,  California,  for 

the  Education  of  One  Poor  Scholar  Forever,  Xo.  3908. 
Devise  of  a  Sum  to  be  Applied  in  Eelcasing  Poor  Prisoners,  No.  3912. 
Devise  to  an  Executor  in  Consideration  of  Friendship,  etc.,  No.  3909. 

DISSOLUTION. 

Dissolution  of  Partnership.     See  Partnership. 

Dissolution  of  Partnership  to  be  Indorsed  in  the  Original  Articles,  No.  2883. 

DISTRIBUTION. 

1560.  Petition  of  heir  at  law  for  partial  distribution. 

1561.  Petition  by  heir  for  partial  distribution — Another  form. 

1562.  Petition  of  assignee  of  heir  at  law  for  distribution  of  assignor's 

share  to  him. 

1563.  Petition  by  legatee  for  partial  distribution. 

1564.  Citation  to  administrator  on  application  for  partial  distribution. 

1565.  Objections  to  partial  distribution. 

1566.  Decree  of  partial  distribution. 

1567.  Petition  for  order  recLuiring  distributee  to  refund. 

1568.  Order  reciuiring  distributee  to  refund. 

1569.  Petition  for  distribution. 

1570.  Order  to  show  cause  on  petition  for  distribution. 

1571.  Petition  for  final  distribution — Another  form. 

1572.  Notice  of  hearing  of  the  first  and  final  account  of  administratrix 

and  petition  for  final  distribution. 

1573.  Decree  of  final  distribution. 

1574.  Decree  of  distribution  to  foreign  executor. 

1575.  Order  directing  notice  of  application  for  partition  on  final  distribu- 

tion to  be  given. 

1576.  Order  rppointing  commissioners  to  make  partition  on  distribution. 


575  Distribution.  Forms  15G0, 1561 

No.  1560.    Petition  of  Heir  at  Law  for  Partial  Distribution. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  State  of  California,  in  and 
for  the  City  and  County  of  San  Francisco: 

The  petition  of  M.  S.  states  that  she  is  an  heir  at  law  under  the  last 
will  of  S.  D.,  deceased.  That  letters  testamentary  were  on  the  13th 
day  of  June,  1917,  issued  to  J.  C.  R.,  who  qualified  and  he  is  now  the 
qualified  and  acting  executor  of  said  will.  That  the  assets  of  said 
estate  amount  to  over  $1,800,000.  That  all  its  debts  have  been  paid 
except  about  $9,000.  That  petitioner's  share  of  said  estate  under  the 
said  will  is  one-third.  That  a  paper  has  been  found  and  filed  for 
probate  which  is  alleged  to  be  a  codicil  of  said  Avill,  and  a  contract  has 
been  filed  but  its  validity  has  not  been  determined.  That  said  codicil, 
if  admitted  to  probate  as  a  part  of  the  will  already  admitted  will  re- 
duce petitioner's  share  of  said  estate  to  about  $.500,000,  and  after  all 
expenses,  costs,  debts,  taxes  and  charges  of  administration  are  paid,  in 
any  event,  petitioner's  share  will  amount  to  over  $400,000.  [Or,  that 
all  the  property  of  said  estate  has  been  reduced  by  sales  to  money, 
which  amounts  to  $1,800,000.  Or,  the  estate  consists  of  $500,000  in 
money  and  $1,300,000  in  bonds.  Or,  the  estate  consists  of  $500,000  in 
money  and  $1,300,000  in  real  estate  described  in  the  inventory  and  ap- 
praisement. Or,  the  estate  consists  of  real  estate  appraised  at  $800,000, 
stocks,  $100,000,  United  States  bonds,  $300,000,  mortgages,  $50,000, 
promissory  notes,   $50,000.] 

Wherefore,  petitioner  prays  for  an  order  directing  the  distribution 
to  her  of  the  sum  of  $250,000  to  be  charged  to  her  as  a  part  of  her 
share  of  said  estate. 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sees.  1658-1663.  Usually  a  bond  is 
ordered  to  secure  the  executor  against  loss,  but  when  all  debts  have  been  paid 
or  are  secured  by  mortgage,  and  the  court  is  satisfied  that  no  injury  can  result 
to  the  estate,  it  may  dispense  with  the  bond:  Arizona,  Rev.  Stats.  (Civ.  Code 
1913),  sec.  1027  et  seq;  Colorado,  Mill's  Ann.  Stats.  1912,  sec.  8023  et  scq.; 
Idaho,  Eev.  Codes  1907,  sec.  5621  et  seq.;  iNfontana,  Eev.  Codes  1907,  sec. 
7664  et  scq.;  North  Dakota,  Comp.  Laws  1913,  sec.  8841  et  seq.;  Oklahoma, 
Harris  &  Day's  Code  1910,  sec.  6458  et  seq.;  South  Dakota,  Comp.  Laws  1913, 
sec.  5919  et  seq.;  Utah,  Comp.  Laws  1907,  sec.  3948  et  seq.;  Washington, 
Rem.  Code,  see.  1579  et  seq.;  Wyoming,  Comp.  Stats.  1910,  see.  5695  et  seq. 

No.  1561.    Petition  by  Heir  for  Partial  Distribution — Another  Form. 
[Title  of  Court  and  Estate.] 

The  petition  of respectfully  represents: 

That  petitioner  is  an  heir  of  ,  deceased,  to  wit,  a  son,  and  as 

such  is  entitled  to  one-fourth  of  the  residue  of  his  estate,  after  the 
payment  of  debts  and  expenses  of  administration. 


Forms  1562,  1563  Cowdery's  Form  Book.  576 

That  Staid  deceased  died  intestate,  and  that  more  than  four  months 
have  elapsed  since  letters  of  administration  were  issued  on  said  estate 
to ,  who  is  now  the  duly  qualified  and  acting  administrator  thereof. 

That  there  are  no  debts  or  claims  outstanding  against  said  estate. 

Wherefore  petitioner  prays  that  an  order  of  this  court  be  made  dis- 
tributing to  petitioner  the  share  of  said  estate  to  which  he  is  by  law 
entitled,  upon  his  delivering  to  said  administrator  such  bond  as  the 
law  requires. 

Dated  . 

,  Petitioner. 

,  Attorney  for  Petitioner. 


No.  1562.    Petition  of  Assignee  of  Heir  at  Law  for  Distribution  of 
Assignor's  Share  to  Him. 

[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  State  of  California,  in 
and  for  the  County  of  Butte: 

Now  comes  A.  B.  and  petitioning  the  court  for  final  distribution 
of  the  above-entitled  estate,  states  the  facts  to  be:  That  the  said 
administrator's  final  account  has  been  filed;  that  the  heirs  at  law  of 
deceased  are  A.  C,  a  daughter,  L.  C.  and  F.  C,  sons  of  deceased,  and 
that  he  left  surviving  no  other  heirs  at  law;  that  heretofore  said  A.  C, 
by  an  instrument  in  writing,  duly  assigned  to  petitioner  her  share  of 
said  estate. 

That  said  final  account  has  been  allowed  and  settled  and  said  estate 
is  now  ready  for  distribution. 

Wherefore,  petitioner  prays  that  the  share  of  said  estate  that  would 
otherwise  be  distributed  to  said  A.  C.  may  be  distributed  to  him. 

NOTE.— Calif arnia,  Code  Civ.  Proc,  sees.  1665-1668. 

No.  1563.    Petition  by  Legatee  for  Partial  Distribution. 

[Title  of  Court  and  Estate.] 

Your  petitioner,  ,  states  that  he  is  a  legatee  under  the  last  will 

of  ,  deceased.     That  letters  testamentary  upon  the  said  last  will 

were  issued  to  on  February  1,  1908,  who  is  now  the  qualified  and 

acting  executor  of  said  will.     That  petitioner's  legacy  is  $ .     That 

more  than  four  months  have  elapsed  since  said  letters  were  issued. 

That  said  estate  is  but  little  indebted,  and  the  said  $ may  be  paid 

petitioner  without  loss  to  the  creditors  of  the  estate. 

Wherefore  petitioner  prays  that  he  may  be  paid  his  said  share,  and 
that  the  court  will  cause  notice  to  be  given  of  this  appKcation. 


577  Distribution.  Forms  1564  -15G6 

No.  1564.     Citation    to    Administrator    on    Application    for    Partial 
Distribution. 

The  People  of  the  State  of  California  to  ,  Greeting: 

You  are  hereby  cited   to  be  and  appear  in  our  superior  court  of  the 

state  of  California  in  and  for  the  county  of  ,  at  the  courtroom  of 

department  No.  —  thereof,  in  the  city  of  ,  county  of  ,  on  the 

day  of ,  19 — ,  at o'clock of  that  day,  then  and  there 

to  show  cause,  if  any  you  have,  why  the  petition  of  for  a  partial 

distribution   to   him   of   the    estate   of  ,    deceased,    should   not   be 

granted. 

By  order  of  the  superior  court  of  the  county  of  ,  this  day 

of  ,  19—. 

Attest:     ,  Clerk. 

By  ,  Deputy  Clerk. 

No.  1565.    Objections  to  Partial  Distribution. 

[Title  of  Court  and  Estate.] 

Comes  now  ,  administrator  of  the  estate  of ,  deceased,  and 

objects  to  the  granting  of  the  petition  of ,  herein  filed  for  a  decree 

of  partial  distribution  of  the  estate  of  said  deceased,  and  for  grounds 
of  objection  alleges : 

That  said  estate  is  heavily  indebted,  to  wit,  in  the  amount  of  five 

thousand  dollars ;   and  that  the  share  sought  by  said  cannot  be 

distributed  to  him  without  loss  to  the  creditors  of  said  estate. 

Wherefore  he  prays  that  the  prayer  of  said  petitioner  be  denied. 

Dated  ,  19—. 

,    Administrator. 

,  Attorney  for  Administrator. 

No.  1566.    Decree  of  Partial  Distribution. 
[Title  of  Court  and  Estate.] 

This  matter  coming  on  regularly  for  hearing  this  tenth  day  of  May, 
A.  D.  1917,  before  the  court;  on  the  petition  of  J.  B.,  brother  and  heir 
of  said  deceased,  and  due  proof  to  the  satisfaction  of  the  court  having 
been  made  of  the  service  of  the  notice  in  such  cases  required,  accord- 
ing to  law,  and  no  objection  thereto  having  been  made: 

Now,  then,  it  is  hereby  ordered,  adjudged,  and  decreed,  that  distribu- 
tion of  said  estate  be  made,  and  that  the  administi-ator  of  said  estate 
do  transfer,  set  over,  and  deliver  unto  the  said  J.  B.  the  property  and 
funds  belonging  to  the  said  estate,  remaining  in  his  hands  or  under 
his  control,  after  payment  of  the  costs  and  expenses  of  administration 
on  said  estate,  upon  the  execution  and  delivery  to  him  of  a  bond  of 
indemnity  in  the  penal  sum  of  one  thousand  dollars,  payable  to  said 
administrator,  with  two  sufficient  sureties,  to  be  approved  by  the  judge 
of  this  court,  conditioned  that  the  said  J.  B.  shall  and  will,  whenever 

Form  Book — 37 


Forms  1567, 1568  Cowdery's  Form  Book.  578 

required,  pay  any  (or  his  proportion  of  the)  debt  or  debts,  which  may 
be  found  legally  due  to  any  person  or  persons,  from  the  said  estate,  the 
said  applicant  to  pay  the  costs  of  this  proceeding. 

Dated  ,  19 — .  ,  Judge  of  Superior  Court. 

NOTE.— California,  Code  Civ.  Proc,  sees.  1161,  1651,  1668. 

No.  1567.    Petition  for  Order  Requiring  Distributee  to  Refund. 

The  petition  of  ,  administrator  of  the  estate  of  ,  deceased, 

respectfully  represents : 

That  heretofore  this  court  duly  made  and  entered  its  order  requir- 
ing petitioner,  as  administrator  of  the  above-named  estate,  to  pay  to 

,  one  of  the  heirs  of  said  decedent,  the  sum  of  dollars,  upon 

his  giving  a  bond  to  said  administrator  in  the  penal  sum  of  dol- 
lars, conditioned  according  to  law; 

That  thereafter,  on  the  day  of  ,  19 — ,  said  gave  to 

said  administrator  said  bond,  as  required  in  said  order,  and  thereupon, 
in  pursuance  of  said  order,  said  administrator  paid  to  him  said  sum  of 
dollars; 

That  the  debts  of  said  estate,  and  the  charges  and  expenses  of  ad- 
ministration, have  far  exceeded  the  estimate  placed  upon  them  by  the 

court  in  making  said  order,  and  amount  to  the  sum  of  dollars, 

instead  of dollars,  as  stated  in  said  order; 

It  is  therefore  necessary  that  said refund  a  portion  of  said  sum 

of  dollars  to  pay  the  indebtedness  of  said  estate: 

Wherefore  petitioner  prays  that  said be  required  to  pay  to  the 

administrator  of  said  estate,  out  of  the  sum  so  received  by  him  as 
aforesaid,  a  sum  sufficient  to  liquidate  his  share  of  the  indebtedness  of 
said  estate. 

Dated  ,  19—. 

— — ,   Petitioner. 
,  Attorney  for  Petitioner. 

No.  1568.    Order  Requiring  Distributee  to  Refund. 
[Title  of  Court  and  Estate.] 

The  petition  of  ,  the  administrator  of  the  above-named  estate, 

coming  on  regularly  for  hearing  this  day,  and  it  appearing  that  a  cita- 
tion has  been  duly  issued  herein  and  served  upon ,  one  of  the  heirs 

of  said  decedent,  requiring  him  to  show  cause  on  this  day  why  he 
should  not  be  required  to  refund  to  the  administrator  of  said  estate  a 
sufficient  sum  out  of  the  funds  heretofore  received  by  him,  under  and 
by  virtue  of  an  order  of  this  court  herein,  to  pay  his  proportion  of 
the  indebtedness  of  said  estate,  and  no  sufficient  reason  being  shown 
by  him  why  he  should  not  be  required  to  do  so,  and  it  appearing  that 
in  order  to  pay  the  indebtedness  of  said  estate  it  is  necessary  that  said 
should  refund  to  said  administrator  the  sum  of  dollars: 


579  Distribution.  Form  1569 

It  is  therefore  ordered  tliat  said  be  and  Tie  is  hereby  required 

to  pay  to  said  administrator  out  of  said  funds  said  sum  of dollars 

within  days  from  this  date. 

Dated  ,  19—. 

,  Judge  of  Superior  Court. 

No.  1569.    Petition  for  Distribution. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  said  Superior  Court  of  the  State  of  California 
in  and  for  the  City  and  County  of  San  Francisco: 

The  petition  of  M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  de- 
ceased, respectfully  shows: 

That  your  petitioner  was  appointed  such  administratrix  by  the  order 
of  this  court  on  the  fifteenth  day  of  May,  1917,  and  on  the  sixteenth 
day  of  May,  1917,  she  duly  qualified  as  such  administratrix,  and  there- 
upon entered  upon  the  administration  of  the  estate  of  said  deceased, 
and  has  ever  since  continued  to  administer  said  estate. 

That  on  the  third  day  of  June,  1917,  your  petitioner  duly  made  and 
returned  to  this  court  a  true  inventory  and  appraisement  of  all  the 
estate  of  said  deceased  which  had  come  to  her  possession  or  knowledo:e. 

That  on  the  seventeenth  day  of  May,  1917,  your  petitioner  dulv 
published  notice  to  creditors  to  present  their  claims  against  the  said 
deceased,  in  the  manner  and  for  the  period  prescribed  by  this  court. 

That  more  than  one  year  has  elapsed  since  the  appointment  of  your 
petitioner  as  such  administratrix,  and  more  than  ten  months  have  ex- 
pired since  the  first  publication  of  said  notice  to  creditors. 

That  on  the  sixteenth  day  of  June,  1918,  your  petitioner  filed  her 
accounts  as  such  administratrix,  which  said  accounts,  after  due  hearing 
and  examination,  were  finally  settled. 

That  all  the  debts  of  said  deceased  and  of  said  estate,  and  all  the 
expenses  of  the  administration  thereof  thus  far  incurred,  and  all  taxes 
that  have  attached  to  or  accrued  a,c:ainst  the  said  estate,  have  been 
paid  and  discharged,  and  said  estate  is  now  in  a  condition  to  be  closed. 

That  the  residue  of  the  said  estate  now  remaining  in  the  hands  of 
your  petitioner  is  fully  set  forth  and  described  in  the  schedule  marked 
"A,"  hereunto  annexed  and  made  a  part  of  this  petition. 

That  the  whole  of  said  estate  is  common  property,  it  having  been 
acquired  by  said  deceased  after  his  marriage  to  your  petitioner. 

That  the  said  T.  J.  died  intestate,  in  the  city  and  county  of  San 
Francisco,  on  the  seventeenth  day  of  April,  1916,  leaving  him  surviv- 
ing your  petitioner,  his  widow,  now  aged  forty-one  years,  residing  at 
said  city  and  county;  and  J.  J.,  now  aged  twenty-four  years,  residing 
at  the  city  of  Sacramento,  W.  J.,  now  aged  nineteen  years,  C.  J.,  now 
aged  seventeen  years,  and  E.  J.,  now  aged  fifteen  years,  residing  with 
your  petitioner,  at  said  city  and  county  of  San  Francisco,  the  children 
of  said  deceased  and  of  your  petitioner,  and  his  only  descendants. 


Form  1570  Cowdery's  Form  Book.  580 

That  the  said  petitioner  is  entitled  to  the  one-half  of  the  residne  of 
said  estate,  and  the  said  descendants  of  said  deceased  are  entitled  to 
the  other  half  of  said  residue  of  said  estate. 

Schedule  **A.'* 
Personal  Property: 

Cash $1>302  02 

Real  Property:  [Here  insert  full  description.] 

Wherefore  your  petitioner  prays  that  the  administration  of  said  estate 
may  be  brought  to  a  close,  and  that  she  may  be  discharged  from  lier 
trust  as  such  administratrix. 

That,  after  due  notice  given  and  proceedings  had,  the  estate  remaining 
in  the  hands  of  your  petitioner  as  aforesaid  may  be  distributed  in  the 
proportions  and  to  the  said  parties  entitled  thereto  as  aforesaid,  to  wit, 
the  one-half  of  the  said  residue  to  the  said  surviving  wife,  and  the 
other  half  to  the  said  descendants  of  the  said  deceased,  or  that  such 
other  or  further  order  may  be  made  as  is  meet  in  the  premises. 

And  your  petitioner  will  ever  pray,  etc. 

]S[OTE  —An  executor  or  administrator  may  petition  for  distribution  upon 
the  settlement  of  his  final  account,  or  thereafter:  Alaska,  Comp.  Laws  1913, 
sec  1712;  Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec.  1027  et  seq.;  California, 
Code  Civ.  Proc,  sees.  1664-1670;  Colorado,  Mill's  Ann.  Stats.  1912,  sees.  8029, 
8030-  Idaho,  Eev.  Codes  1907,  sec.  5626  et  seq.;  Kansas,  Gen.  Stats.  IJlu, 
sec  4636  et  seq.;  Montana,  Rev.  Codes  1907,  sec.  7670  et  seq.;  Nebraska, 
Rb-v  Code  1913,  sec.  1493  et  seq.;  Nevada,  Rev.  Laws  1912,  sec.  6062  et  seq.; 
New  Mexico,  Stats.  Ann.  1915,  sec.  2260  et  seq.;  North  Dakota,  Comp.  Laws 
1913  sec  8854  et  seq.;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  64o8 
et  seq  •  Orecron,  Lord's  Oregon  Laws,  sec.  1303;  South  Dakota,  Comp.  Laws 
1913,  sec.  5924  et  seq.;  Utah,  Comp.  Laws  1907  sec.  3952  et  seq  ;  Washing- 
ton, Rem.  Code,  sec.  1579  et  seq.;  Wyoming,  Comp.  Stats.  1910,  sec.  5699 
et  seq. 

No.  1570.    Order  to  Show  Cause  on  Petition  for  Distribution. 
[Title  of  Court  and  Estate.] 

On  reading  and  filing  the  petition  of  M.  J.,  the  administratrix  of  the 
estate  of  T.°J.,  deceased,  praying  for  an  order  of  distribution  of  the 
residue  of  said  estate  among  the  persons  entitled,  it  is  ordered  that  all 
persons  interested  in  the  estate  of  the  said  T.  J.,  deceased,  be  and 
appear  before  the  superior  court  of  the  city  and  county  of  San  Fran- 
cisco, at  the  courtroom  of  said  court,  in  the  City  Hall,  in  said  city  and 
county  on  Monday,  the  nineteenth  day  of  September,  1917,  at  11 
o'clock  A.  M.,  then  and  there  to  show  cause  why  an  order  of  distribu- 
tion should  not  be  made  of  the  residue  of  said  estate  among  the  heirs 
of  the  said  deceased,  according  to  law. 

It  is  further  ordered,  that  a  copy  of  this  order  be  published  once 
a  week  for  four  successive  weeks,  before  the  said  nineteenth  day  of 
September,  1917,  in  the  D.  M.  C,  a  newspaper  printed  and  published 

in  the  said  city  and  county. 

[Signature.] 

Dated  . 


581  Distribution.  Forms  1571, 1572 

NOTE. — In  California,  order  or  derroe  is  made  on  tTie  petition  of  the  execu- 
tor or  administrator,  or  of  any  person  interested  in  the  estate.  Notice  of  the 
application  must  be  given  by  posting  or  publication,  as  the  court  may  direct, 
and  for  such  time  as  may  be  ordered.  If  partition  be  applied  for,  as  provided 
in  this  chapter,  the  decree  of  distribution  shall  not  divest  the  court  of  jurisilic- 
tion  to  order  partition,  unless  the  estate  is  finally  closed:  California,  Code  Civ. 
Proc,  sec.  1668. 

No.  1571.    Petition  for  Final  Distribution — Another  Form. 
[Title  of  Court  and  Estate.] 

The  petition  of  ,  executor  of  the  last  will  of  ,  dcooased, 

respectfully  shows : 

That  your  petitioner  as  such  executor,  has  completed  his 

administration  of  said  estate  and  that  the  same  is  now  ready  for  dis- 
tribution. 

Wherefore  your  petitioner  prays  that  the  administration  of  said 
estate  be  brought  to  a  close,  and  tliat  he  be  discharged  from  his  trust 
as  executor  and  that  after  due  notice  given  and  proceedincrs  had,  the 
estate  remaining  in  the  hands  of  your  petitioner  as  aforesaid  be  dis- 
tributed   to  the parties  entitled  thereto . 

[Signature.] 

No.  1572.    Notice   of   Hearing   of  the   First  and   Final   Account   of 
Administratrix  and  Petition  for  Final  Distribution. 

Notice  is  hereby  given  that  ,  as  administratrix  of  the  estate  of 

,  deceased,  has  this  day  rendered  and  presented  for  settlement  and 

filed  in  this  court  her  first  and  final  account  of  her  administration  of 
the  estate  of  said  deceased,  and  that  she  filed  therewith  her  petition 
for  the  distribution  of  the  residue  of  the  said  estate  to  the  persons 

entitled  thereto,  and  that  the  clerk  of  this  court  has  appointed  , 

the  day  of  ,  A.  D.  19 — ,  at  o'clock  of  said  day, 

and  the  courtroom  of  department  of  said  court,  in  the  City  Hall, 

in  the county  of ,  state  of ,  for  the  hearing  of  the  appli- 
cation for  the  settlement  of  said  first  and  final  account,  and  has  fixed 
the  same  time  and  place  for  the  hearing  of  said  petition  for  final  dis- 
tribution by  the  court;  that  all  persons  interested  in  said  estate  are 
notified  then  and  there  to  appear  and  show  cause,  if  any  they  have, 
why  said  first  and  final  account  should  not  be  approved  and  allowed 
and  settled,  and  said  petition  for  final  distribution  granted  as  prayed. 

Dated ,  19—. 

,  Clerk. 

NOTE. — In  the  order  or  decree  of  distribution,  the  court  names  the  persons 
and  the  proportions  or  parts  to  which  each  is  entitled,  and  such  persons  may 
recover  their  shares  from  the  executor  or  administrator,  or  any  person  having 
the  same  in  possession.  Such  order  or  decree  is  conclusive  as  to  the  rights  of 
heirs,  legatees  or  devisees,  subject  only  to  be  reversed,  set  aside  or  modified 
on  appeal:  California,  Code  CIt.  Proc,  sec.  1666. 


Form  1573  Cowdery's  Form  Book.  582 

No.  1573.    Decree  of  Final  Distribution. 
[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  tlie  estate  of  T.  J.,  deceased,  having  on 
the  seventeenth  of  August,  1917,  filed  in  this  court  her  petition,  pray- 
ing for  an  order  finally  distributing  said  estate;  said  matter  coming 
on  regularly  to  be  heard  this  nineteenth  day  of  September,  1917,  the 
hearing  of  said  petition  was  by  the  order  of  this  court,  duly  made  and 
entered,  continued  until  this  twenty-sixth  day  of  September,  1917,  at 
eleven  o'clock  A.  M.,  and  at  the  said  last-mentioned  time  the  said  ad- 
ministratrix appearing  by  her  counsel,  this  court  proceeded  to  the  hear- 
ing of  said  petition;  and  it  appearing  to  the  satisfaction  of  this  court 
that  the  residue  of  said  estate,  consisting  of  the  property  hereinafter 
particularly  described,  is  now  ready  for  distribution,  and  that  said 
estate  is  now  in  a  condition  to  be  closed: 

That  the  whole  of  said  estate  is  common  property,  it  having  been  ac- 
quired by  said  deceased  after  his  marriage  to  said  M.  J. 

That  the  said  T.  J.  died  intestate,  in  the  city  and  county  of  San 
Francisco,  on  the  seventeenth  day  of  May,  1917,  leaving  him  surviving 
said  M.  J.,  his  widow,  and  J.  J.,  W.  J.,  a  minor,  C.  J.,  a  minor,  and 
E.  J.,  a  minor,  the  children  of  said  deceased,  and  his  only  descendants. 

That  since  the  rendition  of  her  said  final  account  the  sum  of  fifty 
dollars  has  come  into  the  hands  of  said  administratrix,  and  the  sum  of 
twenty  dollars  and  sixty-two  cents  has  been  expended  by  said  admin- 
istratrix as  necessary  expenses  of  administration,  the  vouchers  whereof, 
together  with  a  statement  of  such  receipts  and  disbursements,  are  now 
presented  and  filed,  and  the  payments  are  approved  by  this  court;  and 
that  the  estimated  expenses  of  closing  said  estate  will  amount  to  the 
sum  of  twenty-five  dollars. 

That  the  said  M.  J.,  the  surviving  widow  of  said  deceased,  is  entitled 
to  the  one-half  the  residue  of  said  estate,  and  the  said  descendants  of 
said  deceased  are  entitled  to  the  other  half  of  the  said  residue  of  the 
estate. 

Now,  on  this,  the  said  twenty-sixth  day  of  September,  1917,  on  motion 
of  R.  H.,  Esq.,  counsel  for  said  administratrix. 

It  is  hereby  ordered,  adjudged  and  decreed  that  the  residue  of  said 
estate  of  T.  J.,  deceased,  hereinafter  particularly  described,  and  now 
remaining  in  the  hands  of  said  administratrix,  and  any  other  property 
not  now  known  or  discovered,  which  may  belong  to  the  said  estate,  or 
in  which  the  said  estate  may  have  any  interest,  be,  and  the  same  is 
hereby,  distributed  as  follows,  to  wit: 

The  one-half  of  said  residue  to  the  said  M.  J.,  the  widow  of  said  de- 
ceased, and  the  other  half  of  said  residue  to  said  J.  J.,  W.  J.,  C.  J.,  and 
E.  J.,  the  descendants  of  said  deceased;  that  is  to  say,  that  the  sum  of 
$662.52  be  paid  to  said  M.  J.,  and  the  sum  of  $165.62  be  paid  to  said 
J.  J.,  and  the  like  sum  to  the  legally  appointed  guardian  of  each  of  said 
minors,  W.  J.,  C.  J.,  and  E.  J. ;  and  the  one  equal  undivided  half  part 


583  Distribution.  Form  1574: 

of  the  real  estate  is  hereby  distributed  to  said  M.  J.,  and  the  other  equal 
undivided  half  part  of  the  real  estate  to  the  said  descendants  of  said 
deceased;  to  the  said  J.  J.,  one  undivided  one-eighth;  to  the  said  W.  J., 
one  undivided  one-eighth;  to  the  said  C.  J.,  one  undivided  one-eiglith; 
and  to  the  said  E.  J.,  one  undivided  one-eighth  of  the  whole  of  the  real 
estate  hereinafter  mentioned  and  described. 

The  following  is  a  particular  description  of  the  said  residue  of  paid 
estate  referred  to  in  this  decree,  and  of  which  distribution  is  ordered, 
adjudged,  and  decreed,  as  aforesaid,  to  wit: 
Personal  Property: 

Cash   $1,325  00 

Real  Property:     [Description.] 

,  Judge. 

Dated, . 

NOTE. — Upon  the  final  settlement  of  the  accoiintg,  or  at  any  subsequent 
time,  upon  the  application  of  any  interested  persons,  the  court  proceeds  to  dis- 
tribute the  residue  of  the  estate  among  the  persons  entitled  thereto  [and  if 
the  decedent  left  a  surviving  child,  and  the  issue  of  other  children,  and  any  of 
them,  before  the  close  of  the  administration,  have  died  while  under  age  and 
not  having  been  married,  all  the  estate  which  such  deceased  child  was  entitled 
to  by  inheritance  must,  without  administration,  be  distributed  to  the  other 
heirs  at  law].  A  statement  of  any  receipts  and  disbursements,  since  the  rendi- 
tion of  his  final  accounts,  must  be  reported  and  filed  at  the  time  of  making 
such  distribution,  and  a  settlement  thereof,  together  with  an  estimate  of  the 
expenses  of  closing  the  estate,  must  be  made  bj'  the  court  and  included  in  the 
order  or  decree;  or  the  judge  may  order  notice  of  settlement  of  such  supple- 
mental account,  and  refer  the  same  as  in  other  cases:  California,  Code  Civ. 
Proc,  sec.  1665. 

No.  1574.    Decree  of  Distribution  to  Foreign  Executor. 
[Title  of  Court  and  Cause.] 

H.  B.  C,  the  administrator  with  the  will  annexed  of  the  estate  of 
said  deceased  in  the  state  of  California,  having  lieretofore  filed  in  tliis 
court  his  petition  for  an  order  finally  distributing  said  estate,  and  said 
matter  coming  on  regularly  to  be  heard  this  day,  and  it  appearing  to 
the  satisfaction  of  the  court  that  the  estate  is  now  ready  for  distribu- 
tion ;  and  it  further  appearing  that  the  will  of  said  deceased  has  been 
duly  admitted  to  probate  in  the  district  court  of  the  county  of  Washoe, 
state  of  Nevada;  that  said  state  was  the  place  of  residence  of  said 
deceased  at  the  time  of  his  death ;  that  it  is  necessary  in  order  that  said 
estate  may  be  distributed  according  to  said  will,  that  the  following  de- 
scribed property  be  delivered  to  the  executor  of  said  A.  B.  C,  deceased, 
in  the  state  of  Nevada;  and  it  is  therefore  ordered  that  the  executor  of 
the  estate  in  the  state  of  California,  to  wit,  H.  B.  C,  herein  appointed, 
do  forthwith  deliver  to  L.  M.  A.,  the  executor  of  said  deceased,  in  the 
state  of  Nevada,  appointed  by  the  said  court  in  the  state  of  Nevada, 
the  following  portion  of  said  estate,  to  wit:     [Description.] 

NOTE. — California,  Code  Civ.  Proc,  see.  16G7. 


Forms  1575-1577  Cowdery's  Form  Book.  584 

No.  1575.     Order  Directing  Notice  of  Application  for  Partition  on  Tinal 

Distribution  to  be  Given. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  notice  of  the  time  and  place  of  hearing  said  peti- 
tion be  given  by  the  clerk  of  this  court  by  posting  in  three  of  the  most 
public  places  in  said  county  for  at  least  ten  days  in  succession  prior  to 
the  day  set  for  said  hearing. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1676. 

No.  1576.     Order    Appointing    Commissioners    to    Make    Partition    on 

Distribution. 
[Title  of  Court  and  Estate.] 

This  matter  coming  on  to  be  heard  in  open  court  this  third  day  of 
June,  1917,  and  all  persons  interested  being  present  by  counsel  or  in 
person,  and  it  appearing  that  notice  of  said  hearing  has  been  given  as 
directed  by  law,  and  final  distribution  of  said  estate  has  been  made, 
and  no  person  objecting,  it  is  ordered  that  A.  B.  and  C.  D.  be  appointed 
commissioners  herein,  and  that  as  such  commissioners  they  proceed, 
after  giving  notice  as  required  by  law,  to  make  partition  and  division 
of  the  property  hereinafter  described,  and  segregate  and  set  oif  the 
same  in  severalty  as  follows,  to  wit:  To  E.  F.  the  equivalent  of  an  un- 
divided one-half  part  thereof,  to  G.  H.  the  equivalent  of  an  undivided 
one-lialf  part  thereof,  and  that  the  part  allotted  to  each  be  ascertained, 
marked  and  described  so  that  the  same  can  be  easily  distinguished,  and 
that  the  partition  so  made  be  forthwith  reported  to  this  court. 

The  property  to  be  so  jiartitioned  is  described  as  follows,  to  wit: 
[Description.] 

NOTE. — California,  Code  Civ.  Proc,  sec.  1676. 

DIVORCE. 

1577.  Complaint  for  divorce — Desertion. 

1578.  Complaint  for  divorce — Habitual  intoxication. 

1579.  Summons  in  divorce. 

1580.  Notice  of  motion  for  alimony — Costs  and  counsel  fees. 

1581.  Afladavit  of  defendant  on  motion  for  alimony. 

1582.  Order  for  alimony  pendente  lite,  costs  and  counsel  fees. 

1583.  Findings  in  divorce. 

1584.  Interlocutory  decree  of  divorce. 
15G5.  Final  decree  of  divorce. 

No.  1577.    Complaint  for  Divorcee-Desertion. 

[Title  of  Court  and  Cause.] 

Plaintiff  complains  and  alleges: 

I.  That  plaintiff  and  defendant  intermarried  at  the  city  and  county  of 
San  Francisco,  state  of  California,  on  or  about  the  first  day  of  January, 
1906,  and  ever  since  have  been  and  now  are  husband  and  wife. 


585  Divorce.  Form  1578 

II.  Tliat  plaintiff  is  and  has  been  a  bona  fide  resident  of  the  state  of 
California  for  more  than  one  year,  and  of  said  city  and  county  of  San 
Francisco  for  more  than  six  months  immediately  preceding  the  com- 
mencement of  this  action. 

III.  That  on  or  about  the  1st  day  of  February,  1917,  and  more  than 
a  year  preceding  the  commencement  of  this  action,  the  said  defendant 
disregarding  the  solemnity  of  her  marriage  vows,  willfully  and  witli- 
out  cause  deserted  and  abandoned  the  plaintiff,  and  ever  since  has  and 
still  continues  to  so  willfully  and  without  cause  desert  and  abandon 
said  plaintiff,  and  to  live  separate  and  apart  from  him,  without  any 
sufficient  cause,  and  without  any  reason  and  against  his  will,  and  without 
his  consent.  , 

IV.  That  the  date  of  separation  of  plaintiff  and  defendant  was 
February  1,  1914,  and  the  number  of  years  from  marriage  to  separation 
was  eight. 

V.  That  there  are  no  children,  the  issue  of  said  marriage. 
Wherefore,  plaintiff  demands  judgment  that  the  bonds  of  matrimony 

between  himself  and  defendant  be  dissolved. 

,  Attorney  for  Plaintiff. 

[Verification.] 

No.  1578.    Complaint  for  Divorce — Habitual  Intoxication, 
[Title  of  Court  and  Cause.] 
The  plaintiff  above  named  alleges: 

I.  That  she  is  now,  and  has  been  for  more  than  two  years  immediately 
preceding  the  filing  of  this  complaint   [or  petition],  a  resident  of  the 

state  of and  for  more  than  six  months  last  past  has  resided  in 

county;  and  that  such  residence  has  been  in  good  faith  and  not  for  the 
purpose  of  obtaining  a  divorce. 

II.  That  the  plaintiff,  whose  maiden  name  was  Jane  Roe,  married  the 
defendant,  John  Doe,  on  the  first  day  of  May,  1893,  in  the  city  of 
Chicago,  Cook  county,  Illinois;  and  said  parties  lived  together  as  man 
and  wife  until  the  sixteenth  day  of  October,  1893,  when  defendant  sep- 
arated from  plaintiff  and  the  parties  have  not  since  cohabited. 

III.  That  for  four  years  and  eight  months  last  past  said  defendant 
has  been  and  still  is  guilty  of  habitual  intemperance,  and  is  habitually 
intemperate  from  the  use  of  intoxicating  drinks  to  that  degi-ee  that  the 
intemperance  of  defendant  reasonably  inflicts  a  course  of  gi-eat  mental 
anguish  upon  said  plaintiff,  and  to  that  degi-ee  which  did  in  fact  during 
that  whole  time  inflict,  and  still  inflicts,  a  course  of  great  mental  an- 
guish upon  her,  and  that  during  all  that  time  said  plaintiff  has  been  an 
innocent  party  with  respect  to  said  intemperance;  that  defendant  was 
so  intemperate  from  the  use  of  intoxicating  drinks,  then  and  thereto- 
fore, and  acted  so  cruelly  and  in  such  a  threatening  manner  toward  the 
plaintiff  in  consequence  of  such  intemperance,  that  it  became  necessary 


Form  1579  Cowdery's  Form  Book.  586 

for  her  to,  and  she  thereafter  did,  on  August  13,  1884,  at  Cayiicas,  San 
Luis  Obispo  County,  California,  leave  the  defendant,  and  has  not  re- 
turned to  him;  that  the  course  and  conduct  of  defendant  aforesaid  and 
his  habits  of  intemperance  have  not  changed  for  the  better  at  any  time 
since  the  plaintiff  so  left  him. 

Wherefore  the  plaintiff  demands  judgment  that  the  bonds  of  matri- 
mony between  herself  and  the  defendant  be  dissolved  [or  for  a  separa- 
tion from  the  bed  and  board  of  defendant  forever  or  for  a  limited 
time]  ;  that  the  custody  of  the  child  James  Doe  be  awarded  to  plaintiff; 
that  the  court  require  the  defendant  to  pay  to  the  clerk  of  this  court  a 
reasonable  sum  as  alimony  and  also  a  reasonable  sum  for  the  mainte- 
nance of  said  child ;  that  said  sums  allowed  as  alimony  and  maintenance 
be  made  a  lien  upon  the  real  estate  of  the  defendant ;  and  for  such  other 
relief  as  may  be  just  and  equitable. 

Jane  Doe, 
By  Her  Attorney,  -. 

NOTE. — Precedent  in  Forney  v.  Forney,  80  Cal.  529,  22  Pac.  294. 

No.  1579.     Summons  in  Divorce. 
[Title  of  Court  and  Cause.] 

Action  brought  in  the  superior  court  of  the  state  of  California,  in  and 
for  the  city  and  county  of  San  Francisco,  and  the  complaint  filed  in  the 
office  of  the  county  clerk  of  said  city  and  county. 
The  People  of  the   State  of   California    Send  Greeting  to  ,  De- 
fendant : 

You  are  hereby  required  to  appear  in  an  action  brought  against  you 
by  the  above-named  plaintiff  in  the  superior  court  of  the  state  of  Cali- 
fornia, in  and  for  the  city  and  county  of  San  Francisco,  and  to  answer 
the  complaint  filed  therein  within  ten  days  (exclusive  of  the  day  of 
service)  after  the  service  on  you  of  this  summons,  if  served  within  this 
city  and  county;  or  if  served  elsewhere  within  thirty  days. 

The  said  action  is  brought  to  obtain  a  judgment  and  decree  of  this 
court  dissolving  the  bonds  of  matrimony  now  existing  between  plaintiff 
and  defendant,  on  the  ground  of  defendant's  extreme  cruelty;  also  for 
general  relief,  as  will  more  fully  appear  in  the  complaint  on  file,  to 
which  special  reference  is  hereby  made. 

And  you  are  hereby  notified  tliat  unless  you  appear  and  answer  as 
above  required,  the  said  plaintiff  will  take  judgment  for  any  moneys  or 
damages  demanded  in  the  complaint  as  arising  upon  contract,  or  will 
apply  to  the  court  for  any  other  relief  demanded  in  the  complaint. 

Given  under  my  hand  and  the  seal  of  the  superior  court  of  the  state 

of  California,  in  and  for  the  city  and  county  of  San  Francisco,  this 

day  of  April,  A.  D.  19—. 

[Seal]  ,  Clerk, 

By  ,  Deputy  Clerk. 


587  Divorce.  Forms  1580,  1581 

No.  1580.    Notice  of  Motion  for  Alimony — Costs  and  Counsel  Fees. 
[Title  of  Court  and  Cause.] 

To  Plaintiff  in  the  Above-entitled  Action,  and  to  Messrs. and , 

His  Attornej's: 

You  are  hereby  notified  that  on  Friday,  April  29,  1910,  at  ten  o  'clock 
A.  M.  of  said  day,  or  as  soon  thereafter  as  counsel  can  be  heard,  at  tlie 
courtroom  of  Department  No.  3  of  the  above-entitled  court,  in  the  City 
Hall,  San  Francisco,  California,  defendant  will  apply  to  the  court  for 
an  order  requiring  plaintiff  to  pay  to  defendant  herein  the  sum  of  one 
hundred  ($100)  dollars  per  month,  as  alimony  pendente  lite,  for  the 
support  and  maintenance  of  said  defendant  and  the  support  and  mainte- 
nance of  the  two  minor  children  of  plaintiff  and  defendant,  and  the 
further  sum  of  twenty-five  ($25)  dollars  to  enable  defendant  to  pay  her 
costs  in  this  action  and  to  properly  defend  the  same,  and  the  further 
sum  of  one  hundred  and  fifty  ($150)  dollars  as  counsel  fees  for  the 
defense  of  said  action. 

Said  motion  will  be  made  upon  the  ground  that  said  defendant  is 
destitute  and  without  means  to  pay  for  the  support  of  herself  and  her 
said  children,  or  to  defend  said  action,  or  to  pay  her  attorney,  and 
will  be  based  upon  this  notice  of  motion,  upon  the  affidavit  of  defendant 
filed  herewith,  on  oral  and  documentary  evidence  to  be  adduced  on  the 
hearing  of  said  motion,  and  on  all  of  the  papers  and  records  on  file  in 
said  action. 

Dated ,  19—. 

,  Attorney  for  Defendant. 

No.  1581.    Affidavit  of  Defendant  on  Motion  for  Alimony. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco,  ss. 

,  having  been  first  duly  sworn,  deposes  and  says:  That  she  is  the 

^ife  of ,  plaintiff  above  named,  and  that  she  is  the  defendant  named 

in  said  action,  and  was  served  with  summons  therein  on  April  15,  1910; 
that  she  desires  to  defend  said  action  and  has  fully  and  fairly  stated 
the  facts  thereof  to  her  attorney  and  has  been  advised  by  him  that 
she  has  a  good  and  meritorious  defense  thereto;  that  defendant  is  with- 
out means  to  support  herself,  or  to  pay  the  costs  of  defending  said 

action,  or  to  pay  her  attorney;  that  and  ,  aged  four  and  two 

years,  respectively,  the  children  of  plaintiff  and  defendant,  reside  with 
defendant,  and  that  defendant  is  without  means  for  their  support,  main- 
tenance and  care;  that  affiant  is  informed  and  believes,  and  upon  her 
information  and  belief  alleges,  that  plaintiff  is  in  receipt  of  an  income 
of  from  two  hundred  ($200)  dollars  to  three  hundred  ($300)  dollars, 
monthly;  that  the  sum  of  one  hundred  ($100)  dollars  a  month  is  a  rea- 
sonable sum  to  be  allowed  defendant,  as  alimony  pendente  lite,  for  the 


Form  1581  Cowdery's  Form  Book.  5S8 

support  and  maintenance  of  herself  and  her  two  minor  children,  and  the 
further  sum  of  twenty-five  ($25)  dollars  is  a  reasonable  sum  to  be 
allowed  her  to  pay  the  costs  of  defending  said  action,  and  the  further 
sum  of  one  h\;ndred  and  fifty  ($150)  dollars  is  a  reasonable  sum  to  be 
allowed  defendant  as  attorney's  fees  to  enable  her  to  defend  said  action. 

Affiant  further  says  that  during  two  years  last  past  plaintiff  has  at 
various  times  requested  her  to  commence  divorce  proceedings  against  him 
and  has  promised  that  he  would  not  contest  the  same;  that  within 
twelve  months  last  past  plaintiff  has  induced  defendant  to  visit  two  dif- 
ferent attorneys,  secured  by  plaintiff,  with  a  view  to  having  defendant 
commence  proceedings  in  divorce  against  the  plaintiff;  that  under  date 
of  February  14,  1910,  plaintiff  wrote  defendant,  among  other  things,  as 
follows:  "I  am  telling  you  right  here  that  if  you  don't  commence  pro- 
ceedings for  a  divorce,  I  shall,  and  I  will  see  that  I  get  the  children,  and 
you  can  be  sure  of  that.  If  you  want  to  fix  the  thing  up  and  get  a 
divorce  in  a  quiet  and  inexpensive  way  I  shall  not  raise  a  bit  of  oppo- 
sition. I  will  confer  with  your  lawyers  and  have  everything  fixed  up 
0.  K.  I  have  been  away  from  home  now  about  a  year  and  there  is  no 
reason  why  you  cannot  get  a  divorce  on  the  grounds  of  desertion  or 
anything  as  long  as  its  not  detrimental  to  me." 

That  on  or  about  May  3,  1909,  plaintiff  deserted  and  abandoned  the 
defendant  and  her  two  minor  children  and  has  not  lived  at  home  since 
that  time;  that  from  the  time  plaintiff  left  home  as  aforesaid  up  to 
about  February  1,  1910,  he  paid  to  defendant  the  sum  of  fifty  ($50 'i 
dollars  per  month  for  her  support  and  maintenance  and  the  support 
and  maintenance  of  her  said  minor  children;  that  from  said  February 
1  to  about  March  15,  1910,  plaintiff  contributed  to  the  support  of 
defer^dant  and  the  said  two  minor  children  an  order  for  groceries  in  the 
sum  of  $19.50  and  nothing  more;  that  on  or  about  said  date  defendant 
had  plaintiff  arrested  for  abandonment  and  that  the  charge  for  aban- 
donment is  still  pending  against  plaintiff  in  the  police  court  of  the  city 
and  county  of  San  Francisco;  that  since  his  said  arrest  plaintiff  has 
contributed  to  the  support  of  defendant  and  said  minor  children  the  sum 
of  forty  dollars  in  cash  and  an  order  for  gi'oceries  in  the  sum  of  thirty 
dollars,  but  nothing  more;  that  said  sum  was  wholly  inadequate  for  the 
support  and  maintenance  of  defendant  and  said  children  during  said 
time;  that  defendant  pays  rent  at  the  rate  of  fifteen  dollars  per  month, 
and  that  said  sum  of  forty  dollars  was  insufficient  even  for  the  payment 
of  her  rent  during  the  months  of  February,  March  and  April,  1910: 
that  during  said  period  defendant  has  had  no  money  for  clothes  for 
herself  or  children,  or  to  pay  for  any  articles  of  food  except  groceries, 
or  to  pay  for  needed  medical  attention  for  said  children,  and  that  de- 
fendant is  now  destitute ; 

Affiant  further  says  that  all  of  the  property  of  plaintiff  and  defendant 
is  community  property  and  that  plaintiff  is  financially  able  to  respond 
to  an  order  of  court  in  the  sums  above  asked  for  by  affiant. 

,  Defendant. 


589  ■  Divorce.  Forms  1582,  1583 

Subscribed  and  sworn  to  before  me,  this  day  of ,  19 — . 

[Seal]  , 

Notary  Public  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 

No.  1582.    Order  for  Alimony  Pendente  Lite,  Costs  and  Counsel  Fees. 
[Title  of  Court  and  Cause.] 

The  application  of ,  defendant  in  the  above-entitled  action,  for  an 

order  of  this  court  requiring  plaintiff  to  pay  defendant  alimony  pen- 
dente lite  for  the  support  and  maintenance  of  defendant  and  the  two 
minor  children  of  plaintiff  and  defendant,  and  costs  and  counsel  fees, 
came  on  regularly  to  be  heard  this  day,  plaintiff  appearing  in  person 

and  by  his  attorneys,  Messrs.  ,  and  defendant  appearing  in  person 

and  by  ,  her  attorney,  thereupon  evidence  was  adduced  by  the  re- 
spective parties,  and  the  court  have  duly  considered  the  same,  and  the 
said  application  having  been  duly  submitted,  it  is  by  the  court. 

Ordered  that  plaintiff,  ,  pay  to  the  defendant,  ,  the  sum  of 

dollars  per  month,  to  commence  with  the  date  of  this  order,  as 

and  for  alimony  pendente  lite  for  the  support  of  herself  and  the  two 
minor  children   of  plaintiff  and   defendant,   and   the   further   sums   of 

dollars,  for  costs,  and ,  dollars,  for  counsel  fees,  to  enable  her 

to  defend  said  action. 

This  order  is  made  without  prejudice  to  the  right  of  the  defendant  to 
make  future  application  for  further  allowance  for  the  same  purposes. 

Dated ,  19—. 

,  Judge. 

No.  1583.    Findings  in  Divorce. 
[Title  of  Court  and  Cause.] 
The  court  finds  as  facts: 

I.  That  plaintiff  is,  and  for  more  than  one  year  preceding  the  com- 
mencement of  this  action  has  been,  a  bona  fide  resident  of  the  state  of 
California,  city  and  county  of  San  Francisco. 

II.  That  plaintiff  and  defendant  intermarried  in  the  city  of  Oakland, 
state  of  California,  on  the  second  day  of  June,  1909,  and  ever  since  have 
been  and  now  are  husband  and  wife. 

III.  That  there  are  no  children  the  issue  of  said  marriage. 

IV.  That  the  community  property  of  plaintiff  and  defendant  consists 
of  the  household  furniture,  of  the  value  of  about  five  hundred  dollars 
($500). 

V.  That  on  the  18th  day  of  August,  1916,  the  defendant  abandoned 
the  plaintiff  and  deserted  her,  and  that  said  desertion  and  abandonment 
has  continued  for  more  than  one  year. 

VI.  That  plaintiff  and  defendant  separated  at  said  last-mentioned 
date,  and  that  said  separation  has  continued  for  one  j^ear. 


Forms  1584, 1585        Cowdery's  Form  Book.       "  590 

As  conclusions  of  law  from  the  foregoing  facts,  the  court  finds  that 
the  plaintiff  is  entitled  to  a  judgment  and  decree  dissolving  the  bonds  of 
matrimony  between  plaintiff  and  defendant,  and  that  the  community 
proijcrty  be  set  aside  to  the  plaintiff. 

[Dated] 

,  Judge  of  the  Superior  Court. 

NOTE. — In  actions  for  divorce  the  court  files  its  decision  and  conclusion  of 
law.  If  divorce  is  denied,  final  judgment  is  immediately  entered.  If  divorce 
ought  to  be  granted,  his  interlocutory  judgment  is  entered  declaring  that  the 
prevailing  party  is  entitled  to  a  divorce.  Appeal  may  then  be  taken,  within 
six  months  after  the  interlocutory  judgment  is  entered,  in  the  same  manner 
and  with  like  effect  as  if  the  judgment  were  final.  If  appeal  is  not  taken, 
final  judgment  is  entered  at  the  expiration  of  one  year  from  the  entry  afore- 
said:  California,  Civ.  Code,  sees.  131,  132. 

No.  1584.    Interlocutory  Decree  of  Divorce. 
[Title  of  Court  and  Cause.] 

It  appearing  to  the  court  that  defendant,  A.  S.  B.,  was  duly  served 
with  summons  herein  and  that  he  has  failed  to  appear  and  answer 
within  the  time  allowed  by  law,  and  his  default  has  been  entered,  and 
the  cause  coming  on  to  be  heard  this  third  day  of  June,  A.  D.  1917,  upon 
the  evidence  on  the  part  of  the  plaintiff,  and  the  matter  having  been 
submitted  for  judgment,  and  the  court  having  considered  all  the  evi- 
dence, from  which  it  appears  that  all  the  material  allegations  of  the 
complaint  are  true,  and  such  is  found  to  be  the  fact,  and  all  and  sin- 
gular the  law  and  the  premises  being  by  the  court  understood  and  con- 
sidered. 

Therefore,  it  is  hereby  determined,  tliat  plaintiff,  C.  S.  B.,  ought  to 
be  granted  a  divorce  from  defendant,  A.  S.  B.,  and  she  is  entitled  to  a 
divorce  from  him  upon  the  ground  of  extreme  cruelty ;  she  to  have  the 
custody  of  the  child,  C.  S.  B.,  until  the  further  order  of  this  court. 

Done  in  open  court,  this  6th  day  of  June,  A.  D.  1917. 

,  Judge. 

No.  1585.     Final  Decree  of  Divorce. 
[Title  of  Court  and  Cause.] 

Whereas,  on  the  sixth  day  of  June,  A.  D.  1917,  this  court  made  its 
interlocutory  judgment,  finding  that  the  plaintiff,  C.  S.  B.,  ought  to  be 
granted  a  divorce  from  defendant,  A.  S.  B. ;  and  whereas  it  appears  that 
said  interlocutory  judgment  was  entered  on  the  eighth  day  of  June, 
1917;  and  now,  one  year  having  expired  since  the  entry  of  said  inter- 
locutory judgment,  and  it  appearing  to  the  court  that  there  is  no  reason 
why  said  interlocutory  judgment  should  not  become  final;  and  all  and 
singular,  the  law  and  the  facts,  being  by  this  court  understood  and  con- 
sidered— 

It  is  hereby  ordered,  adjudged  and  decreed,  that  the  marriage  between 
the  plaintiff,  C.  S.  B.,  and  the  defendant,  A.  S.  B.,  be  dissolved,  and 


591  Docket.  Form  1590 

the  same  is  hereby  dissolved  upon  the  ground  of  extreme  cruelty,  and 
the  said  parties  are  after  the  entry  of  this  decree  each  restored  to  the 
status  of  single  persons. 

Done  in  open  court,  this  tenth  day  of  June,  A.  D.  1918. 

,  Judge. 

NOTE.— California,  Civ.  Code,  sees.  131,  132. 


DOCKET. 

1590.     Docket  of  justice  of  the  peace. 

CROSS-REFERENCES. 

Docket  Order  Allowing  Amendment  to  Pleadings — Justice's  Court,  No.  1593. 

No.  1590.    Docket  of  Justice  of  the  Peace. 
State  of  California, 
County  of  Sierra. 

In  Justice's  Court,  Butte  Township. 
J.  S.  V.  H.  B. 

June  1,  1917.  Complaint  in  writing  filed  by  J.  S.  to  recover  of  de- 
fendant H.  B.,  one  hundred  dollars  for  goods  sold  and  delivered,  and 
summons  issued  dated  this  day.  Writ  of  attachment  issued  to  the 
sheriff  of  said  county. 

June  2,  1917.     Summons  returned  served  in  this  township. 

June  7,  1917.  Plaintiff  appeared  in  person  in  court  at  ten  o'clock 
A.  M.  Defendant  also  appeared  in  person  and  orally  answered  the  com- 
plaint herein  as  follows,  to  wit:  "Now  comes  the  defendant,  and  an- 
swering plaintiff's  complaint,  denies  each  and  every  allegation  thereof." 
Whereupon,  Tuesday,  June  10,  1917,  at  the  hour  of  ten  A.  M.,  was  fixed 
for  the  trial  hereof,  and  the  plaintiff  and  defendant  were  by  me  then 
and  there  notified  of  the  time  fixed  for  trial. 

June  10,  1917.  At  ten  o'clock  A.  M.,  both  parties  appeared  in  person, 
and  I  being  engaged  in  the  trial  of  another  action,  postponed  the  trial 
hereof  until  to-morrow  at  ten  o'clock  A.  M. 

June  11,  1917.  At  ten  o'clock  A.  M.  both  parties  appeared,  and  on 
motion  of  defendant  the  trial  was  postponed  until  the  28th  day  of  Au- 
gust, 1917,  at  two  o'clock  P.  M. 

August  28,  1917.  At  two  o'clock  P.  M.,  both  parties  appeared  and 
announced  themselves  ready  for  trial,  and  the  plaintiff  demanded  a  trial 
by  jury.  Wherefore,  I  issued  an  order  for  a  jury  of  twelve  men  to  be  sum- 
moned as  by  law  directed,  returnable  to-morrow  at  ten  A.  M.,  that  being 
the  time  fixed  for  the  trial. 

August  29,  1917.  At  ten  o'clock  A.  M.  the  following  named  jurors 
appeared  and  ansvv'cred  as  their  names  were  called:  [Insert  names.] 
The  following  named  jurors  were  challeneed  by  defendant  for  cause, 
and  the   challenges  allowed,  and  said  jurors  excused    [insert  names] ; 


Form  1591  Cowdery's  Form  Book.  592 

and  the  following  named  jurors  were  challenged  by  plaintiff  and  th3 
challenges  allowed,  and  the  jurors  excused  [insert  names].  Where- 
upon, an  order  was  made  as  by  law  required,  returnable  forthwith,  for 
the  summoning  of  six  jurors  to  complete  the  panel,  and  the  following 
named  jurors  were  summoned  and  appeared  in  compliance  with  said 
order.  The  jury  having  been  completed,  the  following  named  jurors 
were  sworn  to  try  the  issue  involved  herein,  viz.  [insert  names].  The 
following  named  witnesses  were  sworn  and  examined  on  the  part  of  the 
plaintiff,  viz.  [insert  names]  ;  and  the  following  were  sworn  and  exam- 
ined on  the  part  of  defendant:  [Insert  names.]  After  argument  by  the 
parties,  the  jury  were  instructed  as  to  the  law  and  retired  to  deliberate, 
returned  into  court  and  rendered  a  verdict  for  defendant  and  were  then 
discliarged.  Wherefore  judgment  is,  this  twenty-nintli  day  of  August, 
1917,  given  for  defendant,  and  against  plaintiff,  for  forty-five  dollars 
costs,  which  said  costs  were  taxed  by  me. 

August  30,  1917.  Execution  for  forty-five  dollars  was  issued  against 
plaintiff,  on  demand  of  defendant,  to  A.  B.,  Esq.,  constable  of  this  town- 
ship. 

September  10,  1917.  Execution  returned  satisfied.  Received  of  A.  B., 
Esq.,  constable,  forty-five  dollars  collected  by  him  on  execution  herein. 

September  10,  1917.     Judgment  satisfied. 

F.  A.,  J.  P. 

NOTE.— Alaska,  Comp.  Laws  1913,  sees.  1777,  1778;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sec.  1285  et  seq.;  California,  Code  Civ.  Proc,  sec.  911 
et  seq.;  Colorado,  Mill's  Ann.  Stats.  1912,  sees.  4460-4463;  Hawaii,  Rev.  Code 
1915,  sees.  2309-2315;  Idaho,  Rev.  Codes  1907,  sec.  4759  et  seq.;  Kansas, 
Gen.  Stats.  1915,  sees.  7893-7900;  Montana,  Rev.  Codes  1907,  sees.  7075,  95S6; 
Nebraska,  Rev.  Code  1913.  sees.  S532-S537;  Nevada,  Rev.  Laws  1912,  sees. 
5800-5803;  New  Mexico,  Stats.  Ann.  1915,  sees.  3207-3208;  North  Dakota, 
Comp.  Laws  1913,  sees.  9011-9016;  Oklahoma,  Harris  &  Day's  Code  1910,  sees. 
5521-5525;  Oregon,  Lord's  Oregon  Laws,  sec.  2414  et  seq.;  South  Dakota, 
Comp.  Laws  1913,  sees.  612.3-6128;  TTtah,  Comp.  Laws  1907,  see.  3757  ot  poq.; 
Washington,  Rem.  Code,  sec.  1770;  Wyoming,  Comp.  Stats,  1910,  sees.  5192, 
5220,  5281,  5383,  5384. 


DOCKET  OF  JUSTICE  OF  THE  PEACE. 

1591,  Certificate  as  to  copy  of  docket  entry — Justice's  coiirb. 

1592,  Certified  copy  of  justice's  docket  on  transfer  to  superior  court, 

1593,  Docket  order  allowing  amendment  to  pleadings — Justice's  court. 

No.  1591.    Certificate  as  to  Copy  of  Docket  Entry— Justice's  Court. 

[Title  of  Court  and  Cause.] 

To  the  County  Clerk  of  the  County  of ,  State  of . 

I  hereby  certify  that  the  following  is  a  copy  of  my  docket  entry  in  the 
above-entitled  action,  viz. : 

This  case  came  on  to  be  heard  before  me  on  the  complaint,  summons, 
demurrer  to  complaint,  and  verified  answer  of  defendant,  and  it  appear- 
ing from  said  answer  that  the  determination  of  said  action  will  neces- 


593  Docket  of  Justice  of  the  Peace.     Forms  1592,  1593 

sarily  involve  tlie  question  of  title  or  possession  to  real  property,  [or 
tlie  legality  of  a  tax,  impost,  assessment,  toll,  or  municipal  fine,  as  the 
ease  may  be,  stating  what,  in  a  general  way,  with  sufficient  speeifioation 
to  identify  it],  I  therefore  suspend  all  proceedings  in  this  action. 

,  Justice  of  the  Peace. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  838. 

No.  1592.    Certified  Copy  of  Justice's  Docket  on  Transfer  to  Superior 

Court. 
[Title  of  Court  and  Cause.] 
To  the  County  Clerk  of  the  County  of  Alameda,  State  of  Cnliforniat 

I  hereby  certify  tliat  the  following  is  a  copy  of  my  docket  entry  in  the 
above-entitled  action,  viz.: 

"This  case  came  on  to  be  heard  before  me  on  the  complaint,  summons, 
demurrer  to  complaint,  and  verified  answer  of  defendant,  and  it  appear- 
ing from  said  answer  that  the  determination  of  said  action  will  neces- 
sarily involve  the  question  [of  title  or  possession  to  real  property,  or  the 
legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  fine,  as  the 
case  may  be],  I  therefore  suspend  all  proceedings  in  this  action." 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  838. 

No.  1593.    Docket  Order  Allowing  Amendment  to  Pleadings— Justice's 

Court. 
[Title  of  Court  and  Cause.] 

After  issue  joined  in  the  above-entitled  action,  and  before  the  conclu- 
sion of  the  trial,  the  plaintiff  amended  his  complaint  by  striking  out 
the  words  and  figures,  "$273.50,"  and  inserting  the  words  and  figures 
"$297.50";  the  said  $297.50  being  the  amount  he  claimed  to  be  due  him 
from  defendant.  The  defendant  then  stated,  under  oath  administered 
to  him  by  me,  that  an  adjournment  was  necessary  so  that  he  could  make 
inquiry  as  to  the  justice  of  said  increase  in  the  amount  plaintiff  claimed 
to  be  due,  and  the  court  being  satisfied  that  adjournment  was  necessary, 
ordered  that  said  amendment  be  allowed  upon  the  payment  of  $20.00 
to  defendant  by  plaintiff.  Plaintiff  refused  to  pay  said  amount  and  the 
trial  proceeded.     To  which  order  plaintiff  then  and  there  excepted. 

NOTE.— California,  Code  Civ.  Proc,  sec.  8^9. 

DRAFTS. 

See  Bill3. 
Draft,   No.   733. 

Protest  of  Draft  Payable  at  Sight,  No.  3158. 
Form  Book — 38 


Forms  1600, 1601        Cowdery's  Form  Book.  591 


EJECTMENT. 

16C0.  Complaint  In  ejectment — Fee  simple. 

1601.  Complaint  in  ejectment — Prior  possession. 

1602.  .Notice  of  pendency  of  action  of  ejectment. 

1603.  Complaint  in  ejectment  by  tenants  in  common  against  strangers. 
1601:.  Answer  in  ejectment  alleging  title  in  stranger. 

1605.     Answer  in  ejectment — Denial  that  plaintiff  has  been  damaged. 

No.  1600.    Complaint  in  Ejectment — Fee  Simple. 
[Title  of  Court  and  Cause.] 

The  plaintiff  above  named,  complaining  of  defendant  above  named, 
for  cause  of  action  alleges: 

That  on  the  day  of ,  19 — ,  the  said  plaintiff  was  the  owner 

and  seised  in  fee,  and  entitled  to  the  possession,  of  all  that  certain  lot 

of  land  situate  in  the  county  of  ,  state  of  ,  and  described  as 

follows,  to  wit: . 

That  while  the  plaintiff  was  such  owner,  and  so  seised  and  possessed. 
and  entitled  to  the  possession,  of  said  land  and  premises,  the  said  de- 
fendant did,  on  the  day  and  year  aforesaid,  wrongfully  and  unlawfully 
enter  into  and  upon  the  same  and  oust  and  eject  tlie  plaintiff  therefrom, 
and  ever  since  that  day  wrongfully  and  unlawfully  withheld,  and  still 
and  now  wrongfully  and  unlawfully  does  withhold,  the  possession  there- 
of from  the  plaintiff,  to  his  wrong,  injury,  and  damage  in  the  sum  of 
• dollars  ($ ). 

That  the  value  of  the  rents  and  profits  of  the  said  land  and  premises 

is  dollars  ($ )  per  month,  and  that  by  reason  of  the  unlawful 

withholding  of  the  said  land  by  the  defendant  as  aforesaid  plaintiff  has 

been  deprived  of  said  rents  since  the day  of ,  19 — ,  and  by  the 

continuance  thereof  will  be  deprived  of  the  iTse  and  occupation  of  the 
same,  to  his  loss  and  damage  in  the  sum  of dollars  ($ ). 

Wlierefore  the  plaintiff  prays  judgment  against  the  said  defendant 

for  the  restitution  of  said  land  and  premises,  and  for  the  sum  of  

dollars  ($ )  damages  for  the  withholding  thereof,  and  dollars 

($ )  damages  caused  by  the  loss  of  the  value  of  the  rents  and  profits 

thereof,  together  with  his  costs  of  suit. 

[Signatui'e.] 

[Verification.] 

No.  1601.    Complaint  in  Ejectment — ^Prior  Possession. 

[Title  of  Court  and  Cause.] 

,  the  plaintiff  in  the  above-entitled  action,  complaining  of , 

the  defendant  in  said  action,  alleges: 

That  he  was,  on  the day  of ,  19 — ,  and  for  two  years  and  up- 
wards next  prior  thereto  had  been,  lawfully  possessed,  and  is  now  en- 
titled to  the  possession,  of  that  certain  piece  of  land  situate  in  the 
county  of  ,  state  of  ,  described  as  follows  : 


695  Ejectment.  Form  1602 

That  the  plaintiff  being  so  possessed,  tlie  defendant  afterwards,  on  the 
day  of  ,  19 — ,  unlawfully  entered  into  the  possession  of  the 


demanded  premises  and  ousted  the  plaintiff,  and  now  unlawfully  with- 
holds the  possession  thereof  from  the  plaintiff,  to  his  daina'^e  in  the 
sum  of dollars  ($ ). 

That  the  value  of  the  rents,  issues,  and  profits  of  the  said  premises 

from  the  said  day  of  ,  19—,  and  while  the  plaintiff  has  been 

excluded  therefrom  by  the  defendant,  is dollars  ($ ). 

Wherefore  the  plaintiff  prays  judgment  against  the  defendant  for  the 
restitution  of  the  possession  of  the  demanded  premises,   and   for  the 

sum  of  dollars  ($ )  for  the  witliholding  thereof,  together  with 

the  sum  of dollars  ($ ),  the  value  of  the  said  rents,  issues,  and 

profits,  and  costs  of  suit. 

[Signature.] 

No.  1602.    Notice  of  Pendency  of  Action  of  Ejectment. 

[Title  of  Court  and  Cause.] 

Notice  is  hereby  given,  that  an  action  has  been  commenced  in  the 
superior  court  of  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, by  the  above-named  plaintiff,  against  the  above-named  defend- 
ant, to  recover  certain  real  estate  and  the  possession,  with  damages  for 
the  withholding  thereof;  and  that  the  premises  affected  by  this  suit 
and  described  in  said  complaint,  are  situated  in  the  said  city  and  county, 
state  of  California,  and  are  bounded  and  described  as  follows,  to  wit: 
[Description.] 

Dated . 

,  Attorney  for  Plaintiff. 

NOTE. — In  California,  in  an  action  affecting  the  title  or  the  right  of  posses- 
sion of  real  property,  the  plaintiff,  at  the  time  of  filing  the  complaint,  and  the 
defendant,  at  the  time  of  filing  his  answer,  when  affinnative  relief  is  claimed 
in  such  answer,  or  at  any  time  afterward,  may  record  in  the  ofBce  of  the  re- 
corder of  the  county  in  which  the  jiroperty  is  situated  a  notice  of  the  pendency 
of  the  action,  containing  the  names  of  the  parties  and  the  object  of  the  action 
or  defense,  and  a  description  of  the  property  in  that  county  affected  thereby. 
From  the  time  of  filing  such  notice  for  record  only  shall  a  purchaser  or  encum- 
brancer of  the  property  affected  thereby  be  deemed  to  have  constructive  notice 
of  the  pendency  of  the  action,  and  only  of  its  pendency  against  parties  desig- 
nated by  their  real  names:  Arizona,  Rev.  Stats.  (Civ.  Code  1913),  see.  1623 
et  seq. ;  California,  Code  Civ.  Proc,  sec.  409;  Idaho,  Eev.  Codes  1907,  sees. 
4142,  4563;  Kansas,  Gen.  Stats.  1915,  sec.  6977;  Montana,  Rev.  Codes  1907, 
sees.  6517.  6889;  Nebraska,  Rev.  Code  1913;  sec.  7651  et  seq.;  Nevada,  Rev. 
Laws  1912,  sees.  5021,  5522,  5524;  New  Mexico,  Stats.  Ann.  1915,  sees.  4261, 
4262;  North  Dakota.  Comp.  Laws  1913,  sees.  7425,  8027;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec.  4732;  Oregon,  Lord's  Oregon  Laws,  sees.  7130,  7260; 
South  Dakota,  Comp.  Laws  1913,  sec.  4897  ct  soq.;  Utah.  Comp.  Laws  1907, 
sees.  2953,  3525;  Washington,  Rem,  Code,  sees.  243,  8822,  8866;  Wyoming, 
Comp.  Stats.  1910,  sees.  4374,  4375. 


Forms  1603, 1604        Cowdery's  Form  Book.  596 

No.  1603.    Complaint  in  Ejectment  by  Tenants  in  Common  Against 

Strangers. 
[Title  of  Court  and  Cause.] 

,  the  plaintiffs  in  the  above-entitled  action,  complaining  of , 

the  defendants  in  said  action,  allege: 

That  the  said  plaintiffs  are  the  owners  in  fee  as  tenants  in  common, 
and  have  the  lawful  right  and  are  entitled  to  the  possession  of  (describ- 
ing premises),  and  that  the  said  defendants  wrongfully  entered  upon, 
and  are  now  in  the  wrongful  and  unlawful  possession,  of  said  premises, 
and  wrongfully  and  unlawfully  withhold  the  possession  thereof  from 
said  plaintiffs. 

Wherefore  the  plaintiffs  demand  judgment  that  they  recover  and  be  put 
in  possession  of  said  premises,  and  that  the  defendants  pay  damages 
for  the  unlawful  withholding  of  said  premises  and  the  rents  and  profits 
thereof  in  the  sum  of  three  thousand  dollars,  and  costs  of  suit,  all  in 
lawful  money  of  the  United  States. 

,  Attorney  for  Plaintiff. 

[Verification.] 

NOTE. — It  being  objected  to  this  complaint  that  the  allegations  of  title  and 
right  of  possession  were  not  suflSeient,  the  court  said : 

"It  is  suflSeient  .  .  .  for  the  plaintiff  to  aver  in  respect  to  his  title  that  he 
[is]  seised  of  the  premises  or  of  some  estate  therein  in  fee  or  for  life  or  for 
years,  according  to  the  fact":  Payne  v.  Treadwell,  16  Cal.  221. 

A  more  particular  statement  of  the  circumstances  of  the  defendant's  posses- 
sion or  withholding  than  that  given  in  the  text  is  not  necessary:  Payne  v. 
Treadwell,  16  Cal.  221. 

No.  1604.    Answer  in  Ejectment  Alleging  Title  in  Stranger. 
[Title  of  Court  and  Cause.] 

The  defendant,  0.  H.  La  Grange,  answering  the  complaint  of  the 
plaintiff  herein,  alleges :  That  at  the  time  of  the  commencement  of  this 
action,  he  was  superintendent  of  the  United  States  Branch  Mint,  situ- 
ated on  the  lot  of  land  described  in  the  complaint  and  as  such  and  not 
otherwise  he  was  in  possession  of  said  lot  for  the  United  States  and 
not  for  himself,  and  that  he  never  had  or  claimed  to  have  any  interest 
therein  as  owner,  tenant  or  otherwise,  and  that  from  1854  down  to  the 
present  time  the  United  States  has  continuouslv  been,  and  still  is,  the 
owner  in  fee  and  in  the  sole  and  exclusive  possession  of  said  lot  and 
every  part  thereof. 

William  W.  Morrow, 

Defendant's  Attorney. 

NOTE.— Precedent  in  King  v.  La  Grange,  61  Cal.  221,  227. 


597  Eminent  Domain.  Forms  1605-1616 

No.  1605.    Answer    in    Ejectment— Denial    That    Plaintiff    has    Been 

Damaged. 
[Title  of  Court  and  Cause.] 

The  above-named  defendant  for  answer  to  the  plaintiff's  complaint 
[or  petition]  herein  denies  that  the  plaintiff  has  been  or  is  damaged  in 
the  sum  of  five  thousand  dollars,  or  in  any  other  sum,  by  reason  of  any 
act  or  thing  had  or  done  by  the  defendant  in  or  about  the  possession, 
use,  occupation  or  detention  of  the  premises  in  controversy;  or  that 
plaintiff  is  damaged  at  all  by  reason  of  any  matter  or  thing  alleged  in 
said  complaint, 

,  Attorney  for  Defendant. 

NOTE. — Precedent  in  Chivington  t.  Colorado  Springs  Co.,  9  Colo.  599,  14 
Pac.  212. 

EMINENT  DOMAIN. 

1616.  Summons  In  eminent  domain. 

1617.  Complaint  for  condemnation  of  land  by  corporation. 

No.  1616.    Summons  in  Eminent  Domain. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California  Send  Greeting  to  A.  B.,  a  Cor- 
poration, C.  D.,  E.  F.  and  G.  H.: 

The  above-entitled  action  is  brought  by  the  plaintiff  to  condemn  a 
right  of  way  through  that  tract  of  land  situated  in  the  city  and  county 
of  San  Francisco,  state  of  California,  and  bounded  and  described  as 
follows,  to  wit:  [Description  of  the  whole  property.]  Said  right  of 
way  consists  of  a  strip  of  land  for  a  doiable  track  of  the  plaintiff's  road 
between  [particularly  describe  the  strip].  Reference  is  made  to  the 
complaint  herein  for  a  description  of  the  respective  parcels  of  said  tract 
of  land. 

And  you,  and  each  of  you,  arc  hereby  notified  to  appear  and  show 
cause  why  the  property  described  should  not  be  condemned  as  prayed 
for  in  the  complaint  within  ten  days  after  the  service  on  you  of  this 
summons— if  served  within  this  county;  or  within  thirty  days  if  served 
elsewhere. 

And  you  are  hereby  notified  that  unless  you  appear  and  answer  as 
above  required,  the  said  plaintiff  will  take  judgment  for  any  money  or 
damages  demanded  in  the  complaint,  as  arising  upon  contract,  or  it  will 
apply  to  the  court  for  any  other  relief  demanded  in  the  com])laint. 

[Signature.] 

In  witness  whereof  [etc.]. 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  633  et  seq.;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sec.  3071  et  seq.;  California,  Code  Civ.  Proc,  sec.  1237 
et  seq.  Colorado,  Mill's  Ann.  Stats.  1912,  sec.  2616  et  seq.;  Hawaii,  Eev. 
Code  1915,  sees.  662-682,  1958-1962;  Idaho,  Rev.  Codes  1907,  sec.  5210 
et  soq.;   Montana.  Rov.   Codes   1907,  sec.   7330   ct  seq.;   Nevada,   Rev.  Laws 


Form  1617  Cowdery's  Form  Book.  598 

19'12,  sec.  5606  et  seq.;  New  Mexico.  Stats.  Ann.  1915,  sec.  2098  et  seq.; 
North.  Dakota,  Comp.  Laws  1913,  sec.  8203  et  seq.;  Oklahoma,  Harris  &  Day's 
Code  1910,  sec.  3183  et  seq.;  Oregon,  Lord's  Oregon  Laws,  see.  6838  et  seq.; 
South  Daltota,  Comp.  Laws  1913,  sec.  863  et  seq.;  Utah,  Comp.  Laws  1907, 
sec.  3588  et  seq.;  Washington,  Rem.  Code,  sec.  891  et  seq.;  Wyoming,  Comp. 
Stats.  1910,  sec.  1237  et  seq. 

No.  1617.    Complaint  for  Condemnation  of  Land  by  Corporation. 

[Title  of  Court  and  Cause.] 

Now  comes  the  above-named  plaintiff,  and  complaining  of  the  above- 
named  defendants,  alleges: 

I.  That  plaintiff  is  a  railroad  corporation,  duly  incorporated,  organ- 
ized and  existing  under  the  laws  of  the  state  of  California,  and  that 
the  name  of  plaintiff  is  "S.  P.  R.  Company." 

II.  That  said  plaintiff  is  incorporated  for  the  purpose,  among  other 
things,  of  constructing,  owning,  maintaining  and  operating  a  single  or 
double  track  steam  railroad  of  a  standard  gauge,  viz.,  of  four  feet  eight 
and  one-half  inches,  commencing  at  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  and  running  thence  in  a  general  southerly 
direction  by  the  most  practicable  route  to  San  Bruno,  in  the  county  of 
San  Mateo,  in  said  state;  that  said  railroad  has  been  definitely  located 
by  plaintiff  over  and  through  the  parcel  of  land  hereinafter  described, 
and  that  said  land  is  necessary  for  the  right  of  way  of  said  railroad. 

That  the  location  and  general  route  of  said  railroad  are  from  a  point 
in  the  city  and  county  of  San  Francisco,  in  the  state  of  California, 
through  said  city  and  county  in  a  general  southerly  direction,  along  or 
near  the  shore  of  the  bay  of  San  Francisco,  to  the  boundary  line  of  the 
county  of  San  Mateo,  state  of  California,  and  thence  to  the  station  or 
village  of  San  Bruno,  in  said  county  of  San  Mateo,  and  the  termini  of 
said  railroad  are  respectively  the  said  city  and  county  of  San  Fran- 
cisco, and  said  station  or  village  of  San  Bruno,  and  that  a  map  thereof 
so  far  as  the  same  is  involved  in  this  proceeding,  is  hereunto  annexed, 
and  marked  "Exhibit  A." 

III.  That  the  defendant,  U.  T.  Company  of  San  Francisco,  is  and  at 
all  of  the  times  herein  mentioned  was,  a  corporation,  incorporated, 
organized  and  existing  under  the  laws  of  the  state  of  California. 

IV.  That  upon  the  5th  day  of  August,  1916,  W.  A.  P.  died  testate 
at  the  city  and  county  of  San  Francisco,  state  of  California ;  that  at  the 
time  of  his  death  he  was  a  resident  of  said  city  and  county,  and  left 
estate  therein,  including  an  undivided  half  interest  in  the  premises 
hereinbefore  described;  that  in  and  by  the  last  will  and  testament  of 
said  deceased  the  defendants,  U.  T.  Company  of  San  Francisco,  and 
W.  G.  were  named  as  executors  thereof;  that  in  a  proceeding  duly  com- 
menced in  the  superior  court  of  the  city  and  county  of  San  Francisco, 
state  of  California,  for  the  administration  of  the  estate  of  said  W.  A.  P., 
deceased,  said  last  will  and  testament  was  filed  for  probate;  that  by 
an  order  of  said  court  duly  made  and  entered  in  said  proceeding  on  the 


599  Eminent  Domain.  Form  1617 

21st  day  of  August,  1916,  letters  testamentary  were  issued  to  said  de- 
fendants U.  T.  Company  of  San  Francisco  and  W.  G.,  as  executors 
aforesaid;  that  said  executors  thereupon  qualified  as  such,  entered  upon 
the  discharge  of  their  duties,  and  ever  since  have  been  and  now  are 
acting  as  such  executors. 

V.  That  the  following  is  a  description  of  the  land  so  as  aforesaid 
required  for  the  right  of  way  of  said  railroad  of  plaintiff,  viz. : 

That  certain  parcel  of  land  situated  in  the  city  and  county  of  San 
Francisco  and  state  of  California  and  described  as  follows,  to  wit: 
[Description.] 

That  said  land  is  sought  to  be  taken  in  this  proceeding,  and  that  the 
same  does  not  include  the  whole,  but  is  only  a  part  of  an  entire  tract. 

VI.  That  defendants  claim  to  own  the  tract  of  land  hereinbefore 
particularly  described  and  also  the  larger  tracts  of  which  it  is  a  part, 
and  are  all  the  owners  and  claimants  thereof  known  to  plaintiff. 

VII.  That  the  true  names  of  the  defendants,  J.  D.,  R.  R.,  J.  B.  and 
P.  S.,  are  unknown  to  plaintiff,  and  they  are  therefore  herein  desig- 
nated by  fictitious  names,  and  plaintiff  praj's  that  when  their  true 
names  are  discovered  they  may  be  herein  inserted  by  appropriate 
amendments  to  this  complaint. 

VIII.  That  none  of  the  property  hereinbefore  described  has  hereto- 
fore been  appropriated  to  any  public  use,  and  that  the  said  railroad  of 
plaintiff  has  been  located  in  the  manner  which  will  be  most  compatible 
with  the  greatest  public  good  and  the  least  private  injury. 

Wherefore  plaintiff  prays  that  the  court  will  ascertain  and  assess; 

1.  The  value  of  the  property  sought  to  be  condemned,  and  all  im- 
provements thereon  pertaining  to  the  realty,  and  of  each  and  every 
separate  estate  or  interest  therein. 

2.  The  damages  which  will  accrue  to  the  portion  not  souglit  to  be 
condemned  of  the  larger  parcel  of  laud  of  which  the  land  hereinbefore 
particularly  described  forms  a  part,  by  reason  of  its  severance  from 
the  portion  sought  to  be  condemned,  and  the  construction  of  the  im- 
provement in  the  manner  proposed  by  the  plaintiff. 

3.  How  much  the  portion  not  sought  to  be  condemned,  and  each 
estate  or  interest  therein  will  be  benefited,  if  at  all,  by  the  construction 
of  the  improvement  proposed  by  the  plaintiff,  and  if  the  benefit  shall 
be  equal  to  the  damages  assessed  under  the  last  preceding  paragraph 
of  this  prayer,  that  the  owner  of  said  parcel  shall  be  allowed  no  com- 
pensation except  the  value  of  the  portion  taken,  but  if  the  benefit  shall 
be  less  than  the  damages  so  assessed,  the  former  may  be  deducted  from 
the  latter,  and  the  remainder  be  the  only  damages  allowed  in  addition 
to  the  value. 

4.  The  cost  of  good  and  sufficient  fences  alone:  the  line  of  the  rail- 
road of  plaintiff,  and  the  cost  of  cattle-guards  where  fences  may  cross 
the  line  of  said  railroad. 


Form  1628  Cowdery's  Form  Book.  600 

5.  That  plaintiff  have  judgment  against  defendants  condemning  the 
premises,  hereinbefore  particularly  described,  to  public  use  for  the  pur- 
poses hereinbefore  set  forth,  as  provided  by  law,  and,  thereafter,  upon 
compliance  with  the  requirements  of  said  judgment,  and  the  provisions 
of  Title  VII  of  Part  III  of  the  Code  of  Civil  Procedure  in  that  behalf 
contained,  a  final  order  of  condemnation  of  said  premises  be  made  and 
entered  herein,  and  for  such  other  and  further  relief  as  may  be  meet 
in  the  premises. 

[Signature.] 

Verified. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1243. 


ESTATES   NOT   EXCEEDING   FIFTEEN   HUNDRED 

DOLLARS. 

1628.  Petition  to  set  apart  estate  not  exceeding  fifteen  hundred  dollars  in 

value. 

1629.  Order  to  show  cause  why  entire  estate  should  not  be  set  over  to 

widow. 

1630.  Order  assigning  estate  of  fifteen  hundred  dollars. 

No.  1628.    Petition  to  Set  Apart  Estate  not  Exceeding  Fifteen  Hundred 

Dollars  in  Value. 
[Title  of  Court  and  Estate.] 
To  the  Honorable  Superior  Court  aforesaid: 

The     petition     of    ,     widow     of    ,     deceased,     respectfully 

represents : 

Tliat  on  ■ ,  said  died  in  the  said  county  of  ,  leaving 

therein  an  estate  of  real  property. 

That  on  ,  yoiir  petitioner  was,  by  order  of  this  court,  duly  made 

and  entered,  appointed  administratrix  of  said  estate;  and  that  there- 
after on  that  day  she  was  duly  granted  letters  of  administration  which 
have  never  been  revoked. 

That  on  ,  your  petitioner  duly  made  and  returned  to  this  court 

an  inventory  and  appraisement  of  the  estate  of  said  decedent  which 
had  come  to  her  knowledge  and  possession. 

That  it  appears  from  said  inventory  and  appraisement  and  petitioner 
avers  the  fact  to  be  that  the  net  value  of  the  whole  estate  of  said  de- 
ceased over  and  above  all  liens  or  encumbrances  of  record  at  the  date 
of  death  of  said  deceased  does  not  exceed  fifteen  hundred  dollars;  and 
that  the  whole  of  said  estate  consists  of  . 

That  the  expenses  of  the  last  illness  of  said  deceased  and  of  his 
funeral  and  of  the  administration  of  his  said  estate  have  been  paid. 

That  said  deceased  left  a  widow,  to  wit,  your  petitioner,  ;  and 

that  she  does  not  have  a  maintenance  from  her  own  property  equal  to 
said  estate  of  said  decedent. 


601  Estates  not  Exceeding  $ir)00.     Forms  1629,  1<)30 

Wherefore  your  petitioner  prays  that  an  order  be  made  direetins;  all 
persons  interested  in  said  estate  to  appear  before  this  court  at  a  time 
therein  specified,  to  show  cause  why  said  estate  should  not  be  assisrned 
to  said  petitioner;  and  that  upon  such  hearing  an  order  be  made  assign- 
ing said  estate  to  said  petitioner. 

Dated ,  19—. 

,  Petitioner. 

,  Attorney  for  Petitioner, 

[Verification.] 

No.  1629.    Order  to  Show  Cause  Why  Entire  Estate  Should  not  be  Set 

Over  to  Widow. 
[Title  of  Court  and  Estate.] 

It  appearing  from  the  petition  this  day  filed  by ,  widow  of  , 

deceased,  praying  for  an  order  assigning  the  whole  of  his  estate  to  her, 
that  such  assignment  should  be  made,  it  is  ordered  that  all  persons  in- 
terested in  said  estate  appear  before  this  court  on  ,  at  10  o'clock 

A.  M.,  then  and  there  to  show  cause  why  said  estate  should   not  ba 

assigned  to  said .     And  it  is  further  ordered  that  the  clerk  of  this 

court  give  notice  thereof  by  causing  notices  to  be  posted  in  at  least 
three  public  places  in  this  county,  at  least  ten  days  before  such  date, 
according  to  law. 

Dated  ,  19—. 

,  Judge  of  Superior  Court. 

No.  1630.     Order  Assigning  Estate  of  Fifteen  Hmidred  Dollars. 
[Title  of  Court  and  Estate.] 

The  petition  of ,  widow  of  said  deceased,  for  an  order  assigning 

to  her  the  entire  estate  of  said  deceased,  coming  on  regularly  for  hear- 
ing, and  it  appearing  therefrom  and  from  the  inventory  and  appraise- 
ment of  the  property  of  the  estate  of  the  above-named  decedent  hereto- 
fore  duly  returned  and  filed  herein,  that  the  net  value  of  the  whole  estate 
of  said  deceased  over  and  above  all  liens  and  encumbrances  of  record 
at  the  date  of  the  death  of  said  deceased  does  not  exceed  in  value 

the  sum  of dollars;  and  it  appearing  that  the  decedent  has  left  a 

widow,  and  that  due  notice  has  been  given  of  the  order  of  this  court  and 
requiring  all  persons  interested  in  said  estate  to  appear  and  show  cause 
why  tlie  whole  estate  should  not  be  assigned  to  the  family  of  decedent ; 
that  due  and  legal  notice  of  this  proceeding  has  been  given  to  all  per- 
sons interested  in  said  estate,  and  no  sufficient  cause  being  shown  why 
said  property,  should  not  be  so  assigned;   and  it  appearing  that  the 

family  of  the  decedent  consists  of  the  folloAving  persons,  viz.,  ,  his 

widow,  and  it  appearing  that  the  expenses  of  the  last  illness  of  de- 
ceased, all  funeral  charges,  and  all  expenses  of  administration  are  paid ; 

It  is  ordered  that  the  whole  of  the  estate  of  said  decedent  be  assigned 

to  said  ,  ,  and  ■ -;   the  said  property  of  said   estate  is  as 

follows  [here  insert  description]. 


Cowdery's  Form  Book.  602 

NOTE. — In  California,  when  the  value  of  the  estate  is  not  over  fifteen  hun- 
dred dollars,  and,  if  the  deceased  left  a  widow  and  minor  children,  the  court 
orders  notice  given  to  show  cause  why  the  whole  estate  should  not  be  set  over 
to  said  wife  and  children,  the  expenses  of  administration  and  of  the  deceased''s 
last  sickness  being  first  paid.  Notice  of  the  application  is  given  the  same  as 
upon  the  filing  of  an  account.  If  there  is  no  widow,  then  said  children  take  it 
all.  If  no  children,  then  the  widow  takes  it:  Alaska,  Comp.  Laws  1913,  sees. 
1647-1651;  Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec.  870;  California,  Code 
Civ.  Proc,  sec.  1469;  Idaho,  Eev.  Codes  1907,  sec.  5445;  Montana,  Rev.  Codes 
1907,  sec.  7513;  Nevada,  Rev.  Laws  1912,  sec.  6127;  North  Dakota,  Comp. 
Laws  1913,  sec.  8725;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6334;  Ore- 
gon, Lord's  Oregon  Laws,  see.  1236;  South  Dakota,  Comp.  Laws  1913,  sec. 
5785;  Utah,  Comp.  Laws  1907,  sec.  3847;  Washington,  Rem.  Code,  sec.  1464; 
Wyoming,  Comp.  Stats.  1910,  sec.  5608. 


EXAMINATION. 

See   Supplementary  Proceedings. 

Examination  and  Justification  of  Sureties,  No.  2295. 
Examination  of  Bankrupt    or  Witness,  No.  697. 


EXECUTION. 

1641.  Writ  of  execution  on  money  judgment. 

1642.  Execution  for  deficiency  after  sale  on  foreclosure  of  mortgage. 
1G43.  Renewal  of  execution  by  indorsement— Justice's  court. 

1644.  Order  of  sale. 

1645.  Execution — Justice's  court. 

1646.  Execution   against  plaintiff  for  costs — Justice's  court — Kansas   and 

Oklahoma. 

1647.  Execution  for  costs — Justice's  court. 

1648.  Execution  for  fine  and  costs — Justice's  court — Washington. 

1649.  Execution — ^Where  judgment  is  a  lien  on  realty. 

1650.  Execution  for  delivery  of  possession  of  real  or  personal  property. 

1651.  Execution  against  administrator  upon  decree  for  payment  of  debts. 

1652.  Execution  against  property — Colorado. 

1653.  Execution  against  property— Hawaii. 

1654.  Execution  against  property — Oregon. 

1655.  Execution  against  property — Washington. 

1656.  Execution  against  the  body — Califomia. 

1657.  Execution  against  the  body — Oregon. 

1658.  Execution  against  the  body — ^Washington. 

1659.  Execution  against   principal    or    judgment   debtor,    and   his   surety, 

after  expiration  of  stay — Oklahoma. 

1660.  Execution  against  debtor  and  surety — Washington. 

1661.  Execution — Instructions  to  officer  to  levy  on  real  estate — Justice's 

court. 

1662.  Instructions  by  judgment  debtor  to  officer — Justice's  court. 

1663.  Instructions  to  officer  to  garnish — Justice's  court. 

1664.  Order  recalling  execution. 

1666.  Execution — Third  party  claim. 

1667.  Undertaking  to  indemnify  sheriff — Oregon. 

3  668.  Undertaking  to  indemnify  constable — Washington. 

1669.  Undertaking  by  claimant,   other  than  judgment  debtor,  for  release 

of  property. 

1670.  Debtor's  claim  of  exemption. 

1671.  Return  of  execution  satisfied. 


603  Execution.  torm  it)41 

1672.  Return  of  execution  satisfied — Another  form. 

1673.  Return  of  execution— No  property  found — Justice's  court, 

1674.  Order  to  release  levy. 

1675.  Notice  of  levy  on  real  property. 

1676.  "Bail"  for  stay  of  execution — Wyoming. 

1677.  Bond  for  stay  of  execution — Washington. 

1678.  Certificate  of  levy — Colorado. 

1679.  Execution  on  judgment  for  restitution. 

CROSS-REFERENCES. 

See  Execution  Sales. 
Execution  for  the  Delivery  of  Property — Oregon,  No.  900. 

INTRODUCTORY  NOTE. 

The  statutes  of  the  various  states  dealing  generally  with  the 
subject  of  execution  are  cited  in  the  subjoined  note. 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  1097  et  seq.;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sees.  1336-1.340,  1352  et  seq.;  California,  Code  Civ.  Proc, 
sec.  681  et  seq.;  Colorado,  Mill's  Ann.  Stats.  1912,  sec.  4159  et  seq.;  Hawaii, 
Eev.  Code  1915,  sec.  2445  et  seq.;  Idaho,  Eev.  Codes  1907,  sec.  4470  et  seq.; 
Kansas,  Gen.  Stats.  1915,  sec.  4342  et  seq.;  Montana,  Rev.  Codes  1907,  sec. 
6813  et  seq.;  Nebraska,  Eev.  Code  1913,  sec.  8402  et  seq.;  Nevada,  Eev.  Laws 
1912,  sec.  5280  et  seq.;  New  Mexico,  Stats.  Ann.  1915,  sec.  2190  et  seq.; 
North  Dakota,  Comp.  Laws  1913,  sec.  7713  et  seq.;  Oklahoma,  Harris  &  Day's 
Code  1910,  sec.  5482  et  seq.;  Oregon,  Lord's  Oregon  Laws,  sec.  213  et  seq.; 
South  Dakota,  Comp.  Laws  1913,  sec.  328  et  seq.;  Utah,  Comp.  Laws  1907, 
sec.  3233  et  seq.;  Washington,  Rem.  Code,  sec.  510  et  seq.;  Wyoming,  Comp. 
Stats.  1910,  sec.  4668  et  seq. 

No.  1641.    Writ  of  Execution  on  Money  Judgment. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of ,  to  the  Sheriff  of  the  County  of  , 

Greeting. 

Whereas,  on  the  day  of  ,  19—,  the   said  plaintiff,  , 

recovered  a  judgment  in  the court  of  the  state  of ,  in  and  for 

the  county  of  ,  against  ,  for  the  sum  of  dollars   ($ ), 

with  interest  thereon  from  the  date  thereof  at  the  rate  of per  cent 

per   annum  until   paid,  together  with  costs  and   disbursements  at  the 

date  of  said  judgment,  amounting  to  the  sum  of  dollars   ($ ), 

as  appears  to  us  of  record;  and 

Whereas  the  sum  of  dollars    ($ ),  Avith  interest  thereon  as 

aforesaid,  and  costs  taxed  at dollars   ($ ),  and  accruing  costs 

in  the  sum  of  dollars   ($ ),  is  now,  at  the  date  of  this  writ, 

actually  due  on  said  judgment: 

Now  you,  the  said  sheriff,  are  hereby  required  to  make  the  said  sums 
due  on  the  said  judgment,  with  interest  as  aforesaid,  and  to  satisfy 
tiie  said  judgment,  with  interest,  out  of  the  personal  property  of  said 
debtor;   or  if  sufficient  personal  property  cannot  be  found,  then  out 

of  his  real  property;  and  make  return  of  this  writ  within  days 

alter  your  receipt  hereof,  with  what  you  have  done  indorsed  hereon. 


Form  1642  Cowdery's  Form  Book.  604 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal 

of  said court,  at  ray  office,  in  the  county  of ,  state  of ,  this 

day  of  ,  19 — . 

[Seal]  [Official  signature.] 

NOTE.— See  Cal.  Code  Cir.  Proc,  sees.  682,  905. 

No.  1642.    Execution   for   Deficiency   After   Sale   on   Foreclosure   of 

Mortgage. 
[Title  of  Court  and  Cause.] 
The  People  of  the  State  of ,  to  the  Sheriff  of County,  Greeting. 

Whereas,  on  the day  of ,  19—,  the  plaintiff,  ,  recovered 

a  judgment  in  the  said court  of county,  state  of ,  against 

. and  ,  defendants,  for  the  foreclosure  of  a  certain  mortgage, 

and  the  sale  of  the  mortgaged  premises,  to  satisfy  the  sum  found  due 

to  the  said  plaintiff  for  principal  and  interest,  to  wit,  the  sum  of 

dollars  ($ ),  gold  coin  of  the  United  States  of  America,  with  interest 

from  the  date  of  said  judgment,  at  the  rate  of  seven  per  cent  per  an- 
num, till  paid,  together  with  the  costs  and  expenses  of  sale,  as  appears 
to  us  of  record;  in  obedience  to  which  judgment  the  said  sheriff  sold 
the  said  mortgaged  premises,  and  applied  the  proceeds  of  sale  as  therein 
directed,  and  has  made  his  return  unto  said  court  that  there  is  a 
deficiency  of  such  proceeds  of  sale,  and  that  there  is  still  due  to  the 

plaintiff   the   sum   of  dollars    ($ ),   gold   coin   of   the   United 

States  of  America,  bearing  interest  at  the  rate  of  seven  per  cent  per 
annum  from  the  day  of ,  19 — . 

And  whereas  the  judgment-roll  in  the  action  in  which  said  judgment 
was  entered  is  filed  in  the  clerk's  office  of  said  court,  in  the  county  of 

,  and  the  said  judgment  was  docketed  in  said  clerk's  office,  in  the 

said  county,  for  said  balance  or  deficiency,  on  the  day  of  , 

19 — ^  against ,  the  judgment  debtor,  who  is  by  said  judgment  made 

personally  liable  therefor,  and  the  sum  of  dollars   ($ ),  gold 

coin  of  the  United  States  of  America,  with  interest  at  the  rate  of 
seven  per  cent  per  annum,  from  the  said  date  of  said  docketing,  is  now 
actually  due  on  said  judgment: 

Now  you,  the  said  sheriff,  are  hereby  required  to  make  the  said  sum 

due  on  the  said  judgment,  with  interest  as  aforesaid,  and  costs  and 

accruing  costs,  to  satisfy  the  said  judgment,  in  gold  coin  of  the  United 

,    States   of  America,  out  of  the  personal   property  of  the  said  debtor, 

,  or,  if  sufficient  personal  property  of  said  debtor  cannot  be  found, 

then  out  of  the  real  property  in  your  county  belonging  to  him  on  the 
day  whereon  said  judgment  was  docketed  in  the  aforesaid  county, 
or  at  any  time  thereafter;  and  make  return  of  this  writ  within  sixty 
days,  with  what  you  have  done  indorsed  thereon. 

Attest  my  hand  and  seal  of  said  court  this  day  of  ,  19 — . 

[Seal]  [Official  signature.] 


305  Execution.  Forms  1643, 101-4 

NOTE. — After  sale  on  foreclosure  of  a  mortgage  upon  real  or  personal  prop- 
erty, if  the  return  of  sale  shows  that  the  proceeds  are  insutScient,  and  a  bal- 
ance still  remains  due,  judgment  can  then  be  docketed  for  such_  balance  in 
the  ofiice  of  the  court  having  jurisdiction  over  the  execution,  against  the  de- 
fendants personally  liable  for  the  debt,  and  it  becomes  a  lien  on  the  real 
estate  of  such  judgment  debtor,  as  in  other  cases  on  which  execution  may 
issue:  Arizona,  Key.  Stats.  (Civ.  Code  1913),  sec.  4119;  California,  Code  Civ. 
Proc,  see.  71i6;  Idaho,  Eev.  Codes  1907,  sec.  4520;  Montana,  Rev.  Codes  1907, 
sec.  C861;  Nevada,  Eev.  Laws  1912,  sec.  5501;  Oklahoma,  Harris  &  Day's 
Code  1910,  see.  5216;  Oregon,  Lord's  Oregon  Laws,  sec.  425;  South  Dakota, 
Comp.  Laws  1913,  sec.  5431;  Utah,  Comp.  Laws  1907,  sec.  3499;  Washington, 
Rem.  Code,  sec.   1114. 

No.  1613.    Renewal  of  Execution  by  Indorsement — Justice's  Court. 

The  within  execution  is  this  day  renewed  at  the  request  of  the  judg- 
ment creditor. 

Dated  ,  19—. 

[Signature.] 

NOTE. — The  word  "renewed,"  written  on  the  execution,  with  the  date 
thereof,  and  subscribed  by  the  justice  is  enough:  See  Cal.  Code  Civ.  Proc, 
sec.  903. 

The  execution  may  be  renewed  as  often  as  necessary  before  the  expiration 
of  the  time  for  its  return.  If  more  time  is  necessary,  the  execution  may  be 
returned  unsatisfied,  and  another  issued:  Alaska,  Comp.  Laws  1913,  sec.  1825; 
California,  Code  Civ.  Proc,  sec.  903;  Idaho,  Rev.  Codes  1907,  sec.  4723;  Mon- 
tana, Rev.  Codes  1907,  sec.  7062;  Nerada,  Rev.  Laws  1912,  sec  5785;  North 
Dakota,  Comp.  Laws  1913,  sec.  9124;  Oklahoma,  Harris  &  Day's  Code  1910, 
sec.  5498;  Oregon,  Lord's  Oregon  Laws,  sec.  2452;  South  Dakota,  Comp.  Laws 
1913,  sec  6116;  Utah,  Comp.  Laws  1907,  sec.  3739;  Washington,  Rem.  Code, 
sec.  1881;  Wyoming,  Comp.  Stats.  1910,  see.  5282. 

No.  1644.     Order  of  Sale. 
[Title  of  Court  and  Cause.] 

The  Peoxjle  of  the  State  of  California,  to  the  sheriff  of  the  City  and 
County  of  San  Francisco,  Greeting: 

Whereas,  on  the  sixth  day  of  May,  1917,  C.  B.  W.,  the  above-named 
plaintiff,  recovered  a  judsment  and  decree  in  the  superior  court  of  the 
city  and  county  of  San  Francisco,  state  aforesaid,  aqainst  J.  J.  J.,  the 
defendant,  in  an  action  wherein  the  said  C.  B.  W.  was  plaintiff,  and 
the  said  J.  J.  J.,  defendant,  which  said  judgment  and  decree  was  on 
the  sixth  day  of  May,  1917,  recorded  in  Judgment-book  B  of  said  court, 
at  page  76,  and  the  roll  filed  and  judgment  and  decree  docketed  in  the 
clerk's  office  thereof,  and  in  and  by  which  said  judgment  and  decree 
it  is  ordered,  adjudged,  and  decreed  that  the  lands  and  premises  men- 
tioned and  described  in  the  said  judgment  and  decree  be  sold  at  public 
auction,  as  in  said  judgment  and  decree  particularly  set  out. 

Now,  therefore,  you  the  said  sheriff,  are  hereby  commanded  and  re- 
quired to  proceed  to  give  notice  for  sale,  a^d  to  sell  the  premises 
described  in  said  judgment  and  decree,  a  copy  of  which  is  hereto  an- 
nexed and  made  a  part  hereof,  and  apply  the  proceeds  of  said  sale  as 
in  said  judgment  and  decree  directed,  and  to  make  and  file  your  report 


Form  1645 


Cowdery's  Form  Book. 


606 


of  such  sale  with  the  clerk  of  this  court  within  sixty  days  from  the 
date  of  your  receipt  hereof,  and  to  do  all  things  according  to  the  terms 
and  requirements  of  said  judgment  and  decree  and  the  provisions  of 
*he  statute  in  such  case  made  and  provided. 

In  witness  whereof   [etc.], 

[Seal]  [Signature.] 

NOTE.— California,  Code  Civ.  Proe.,  sec.  726. 


N'o.  1645.    Execution — Justice's  Court. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  ,  to  the  Sheriff  or  any  Constable  of 

the  County  of  ,  Greeting: 


Judgment: 
Judgment 
Costs  . . . . 


Accruing  costs: 

Execution  and  filing.  .$- 

Levy   - 

Advertisement    - 

Keeping  - 


Whereas     a    judgment     was     ren- 
dered before  me,  ,  a  justice  of 

the     peace    of    township,    in 

said    county    of   ,    on    the 

day    of    ,    19 — ,    against    , 

defendant,    and    in    favor    of    , 

plaintiff,   for   the   sum   of   dol- 
lars    ($ )     damages,     and     

dollars    ($ )   costs  of  suit,  which 


said    judgment    was    made    payable 
in  gold  coin  of  the  United  States: 

These  are  therefore  to  command  you  that  out  of  the  personal  prop- 
erty, and  if  sufficient  personal  property  cannot  be  found,  then  out  of 

the  real  property,  of  said you  levy  and  cause  to  be  made  by  sale, 

in  gold  coin  of  the  United   States,  the  said  amount  of  dollars 

($— — )  damages,  and dollars  ($ )  costs  of  suit,  together  with 

any  costs  that  may  accrue;  and  of  this  writ  make  legal  service  and  due 
return  within  sixty  days  after  your  receipt  thereof. 

Dated  this day  of ,  19 — . 

[Official  signature.] 

NOTE.— Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec.  1336;  California.  Code 
Civ.  Proc,  sec.  902;  Colorado,  Mill's  Ann.  Stats.  1912,  sec.  4319;  Idaho,  Rev. 
Codes  1907,  sec.  4742;  Kansas,  Gen.  Stats.  1915,  sec.  7840  et  seq.;  Montana, 
Rev.  Codes  1907,  sec.  7061;  Nebraska,  Rev.  Code  1913,  sec.  8497  et  seq.; 
Nevada,  Rev.  Laws  1912,  see.  5784  et  seq.;  Now  Mexico,  Stats.  Ann.  1915, 
sec.  3213  et  seq.;  North  Dakota,  Comp.  Laws  1913,  sec.  9115  et  seq.;  Okla- 
homa, Harris  &  Day's  Code  1910,  sec.  5482  et  seq.;  Oregon,  Lord's  Oregon 
Laws,  see.  S450  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  6113;  Utah, 
Comp.  Laws  1907,  sec.  3737  et  seq.;  Washington,  Rem.  Code,  see.  1867 
et  seq.;  Wyoming,  Comp.  Stats.  IQ'IO,  sec.  5279  et  seq. 


607  Execution.  Forms  1646-1648 

ITo.  1646.    Execution  Against  Plaintiff  for   Costs— Justice's   Court- 
Kansas  and  Oklahoma. 
[Title  of  Court  and  Cause.] 
Tlie  State  of ,  to  the  Constable  of . 

Whereas  a  judgment  was  rendered  by ,  the  undersigned,  a  justice 

of  the  peace  of  said  ,  county  of  ,  state  of  ,  on  the 

day  of  ,  19 — ,  against  defendant  in  the  above-entitled  action  for 

dollars   ($ )   and  costs;  and 

Wliercas  execution  against  said  defendant  has  been  returned  un- 
satisfied, and  costs  to  the  amount  of  dollars    ($ ),  made  by 

the  said  plaintiff,  are  still  unpaid: 

These  are  therefore  to  command  you,  the  said  constable,  that  out  of 

the  personal  property  of  the  said  you  levy  and  cause  to  be  made 

by  sale  the  said  amount  of dollars  ($ )  costs,  made  by  plain- 
tiff as  aforesaid,  together  with  any  costs  that  may  accrue;  and  of  this 

writ  make  legal  service  and  due  return  within  days  after  your 

receipt  hereof,  with  what  you  have  done  indorsed  hereon. 

[Signature.] 

NOTE.— See  Kansas,  Gen.  Stats.  1915,  sec.  7840  et  seq.;  Oklahoma,  Harris 
&  Day's  Code,  sec.  5502. 

No.  1647.    Execution  for  Costs— Justice's  Court 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  the  Sheriff  or  Any  Constable 
of  said  County,  Greeting: 

Whereas,  a  judgment  was  rendered  by  H.  J.  W.,  the  undersigned,  a 
justice  of  the  peace  of  said  township,  county  of  San  Mateo,  on  the  first 
day  of  May,  1917,  against  J.  S.,  in  the  action  of  J.  S.  v.  S.  B.,  for  costs; 
and  whereas,  the  sum  of  twenty  dollars  is  due  the  undersigned  from 
the  said  J.  S.,  plaintiff,  for  his  fees  in  said  action  due  as  by  law 
provided : 

These  are  therefore  to  command  you,  the  said  sheriff,  that  out  of 
the  personal  property,  and  if  sufficient  personal  property  cannot  be 
found,  then  out  of  the  real  property  of  said  J.  S.,  you  levy  and  cause 
to  be  made  by  sale,  the  said  amount  of  twenty  dollars,  fees  due  as 
aforesaid,  together  with  any  costs  that  may  accrue;  and  of  this  writ 
make  legal  service  and  due  return  within  sixty  days  after  your  receipt 
hereof,  with  what  you  have  done  indorsed  hereon. 

[Signature.] 

No.  1648.    Execution  for  Fine  and  Costs— Justice's  Court— Washington. 

State  of , 

County  of ,  ss. 

To  the  Sheriff  or  Any  Constable  of  said  County. 

Whereas,  at  a  justice's  court  held  at  my  office  in  said  county  for  the 
trial  of for  the  offense  hereinafter  stated,  the  said was  con- 


Form  1649  Cowdery's  Form  Book.  608 

victed  of  liaving,  on  tlie  day  of  ,  19 — ,  in  said  county  coiu- 

niitted  ,  and  upon  conviction  the  said  court  did  adjuds^e  and  deter- 
mine that  the  said should  pay  a  fine  of  dollars  ($ ),  and 

^  dollars   ($ )   costs;  and  whereas  the  said  fine  and  costs  have 

not  been  paid: 

These  are  therefore,  in  the  name  of  the  state  of  ,  to  command 

you  to  levy  on  the  goods  and  chattels  of  the  said  excepting  such 

as  the  law  exempts,  and  make  sale  thereof  according  to  law,  to  the 
amount  of  said  fine  and  costs,  upon  this  writ,  and  the  same  return  to 
me  within days. 

Given  under  my  hand  this  day  of ,  19- 


Justice  of  the  Peace. 


NOTE.— See  Wash.  Rem.  Code,  sec.  1935. 


No.  1649.    Execution — Where  Judgment  is  a  Lien  on  Realty. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of to  the  Sheriff  of  the  County  of . 

Whereas  on  the  day  of  ,  19 — ,  the  said  plaintiff  recovered 

a  judgment  in  the court  of  the  state  of ,  in  and  for  the  county 

of ,  against for  the  sum  of dollars,  with  interest  thereon 

•  from  the  date  thereof  at  the  rate  of  per  cent  per  annum,  until 

paid,  together  with  costs  and  disbursements  at  the  date  of  said  judg- 
ment amounting  to  the  sum  of dollars,  as  appears  to  us  of  record ; 

Whereas  the  judgment-roll  in  the  action  in  which  said  judgment  was 

entered  is  filed  in  the  clerk's  office  of  said  court  in  the  county  of , 

and   the   said  judgment  was   docketed  in  said   clerk's   office,  in  said 
county,  on  the  day  and  in  the  year  first  above  written;  and  the  sum  of 

dollars  ($ ),  with  interest  thereon  as  aforesaid,  and  costs  taxed 

at  dollars  ($—- — ),  and  accruing  costs  in  the  sum  of  dollars 

($ ),  is  now,  at  the  date  of  this  writ,  actually  due  on  said  judgment: 

Now  you,  the  said  sheriff,  are  hereby  required  to  make  the  said  sums 
due  on  the  said  judgment  for  damages,  with  interest  as  aforesaid,  and 
the  costs  and  accruing  costs,  and  to  satisfy  the  said  judgment,  with 
interest,  out  of  the  personal  property  of  said  debtor;  or  if  sufficient 
personal  property  cannot  be  found,  then  out  of  the  real  property  in 
your  county  belonging  to  said  debtor  on  the  day  whereon  said  judg- 
ment was  docketed  in  the  aforesaid  county  or  at  any  time  thereafter 
[or,  if  the  execution  be  issued  to  a  county  other  than  the  one  in  which 
the  judgment  was  recovered,  say,  after  the  word  "debtor":  "On  the 
day  when  the  transcript  of  the  docket  was  filed  in  the  office  of  the 
recorder  of  such  county  [stating  such  day],  or  at  any  time  thereafter." 
Or  say  here:  "To  satisfy  the  said  judgment,  with  interest,  out  of  the 
real  property  in  the  hands  of  the  personal  representatives,  heirs, 
devisees,  legatees,  tenants,  or  trustees  of  the  defendant,"  where  the 
execution  is  against  such  property.  State  here,  also,  if  the  execution 
be  against  the  person  of  the  judgment  debtor:  "And  j'ou  are  required 
to  arrest  such  judgment  debtor  and  commit  him  to  the  jail  of  the  county 


609  Execution,  Form  1650 

until  he  pay  the  juclcrmcnt,  with  interest,  or  he  rlischarged  according  to 
law"]  ;  and  make  return  of  this  writ  within  days,  after  your  re- 
ceipt hereof  with  what  you  have  done  indorsed  hereon. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  the  seal 

of  said  court  at  my  office  in  the  county  of ,  state  of ,  this 

day  of  ,  19 — . 

[Official  signature.] 

No.  1650.    Execution  for  Delivery  of  Possession  of  Real  or  Personal 

Property. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of ,  to  the  Sheriff  of  the  County  of , 

Greeting. 

Whereas,  on  the  day  of  ,  19 — ,  the  said  plaintiff,  , 

recovered  a  judgment  in  the  court  of  the  state  of  ,  in  and 

for  the   county  of  ,   against   ,   for  the   possession   of   certain 

premises  hereinafter  described,  and  also  for dollars  ($ )  dam- 
ages,    dollars  ($ )  rents  and  profits,  and  dollars   ($ ) 

costs,  as  appears  to  us  of  record,  and  which  judgment  was  docketed 

in  the  clerk's  office  of  said  court  on  the  day  of  ,  19 — ;   [or, 

if  the  execution  be  issued  to  a  county  other  than  the  one  in  which  tlie 
judgment  was  recovered,  say:  "That  a  transcript  of  the  docket  of  said 
judgment  was  filed  in  the  office  of  the  county  recorder  of  the  county  of 
,  on  the day  of ,  19 — "]. 

Now  therefore  you,  the  said  sheriff,  are  hereby  required  to  deliver 

to  ,  the  said  plaintiff,  the  possession  of  the  lands  and  premises  in 

said  judgment  described  as  follows,  to  wit:  . 

And  whereas  the  sum  of dollars  ($ )  damages,  dollars 

($ )  rents  and  profits,  and dollars  ($ )  costs,  is  now,  at  the 

date  of  this  writ,  due  on  said  judgment,  you,  the  said  sheriff,  are  hereby 
further  required  to  satisfy  said  judgment,  and  all  accruing  costs,  out 
of  the  personal  property  of  said  ,  defendant;  or  if  sufficient  per- 
sonal property  of  the  said  debtor  cannot  be  found,  then  out  of  the  real 
property  in  your  county  belonging  to  him  on  the  day  whereon  said  judg- 
ment v/as  docketed  in  the  aforesaid  county  [or  on  the  day,  stating  it, 
when  the  transcript  was  filed  in  the  office  of  the  recorder  of  such  other 
county],  or  at  any  time  thereafter;  and  make  return  of  this  writ  within 

days  after  your  receipt  hereof,  with  what  you  have  done  indorsed 

hereon. 

In  witness   whereof  I  have  hereunto   set   my  hand   and   affixed   the 

official  seal  of  said  court,  at  my  office,  in  the  county  of ,  this 

day  of  ,  19 — . 

[Seal]  [Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  682. 

Where  the  execution  requires  the  delivery  of  real  or  personal  property,  it 
must  be  issued  to  the  sheriff  of  the  county  where  the  property  or  some  part  of 
it  is  situated :  See  Cal.  Code  Civ.  Proc,  sec.  687. 
Form  Book — 39 


Forms  1651, 1652        Cowdery's  Form  Book.  610 

No.  1651.    Execution  Against  Administrator  upon  Decree  for  Payment 
of  Debts. 

[Title  of  Court  and  Estate.] 

The  People  of  the  State  of  California,  to  the  Sheriff  of  the  County  of 
Napa,  Greeting: 

Whereas  on  the  sixth  day  of  June,  1917,  a  decree  was  made  by  the 
said  superior  court  of  the  county  of  Napa  for  the  payment  of  the  cred- 
itors of  the  estate  of  A.  B.  C,  deceased.  That  E.  F.  G.,  is  one  of  the 
creditors  of  said  estate  whose  claim  was  decreed  to  be  paid,  and  the 
amount  decreed  to  be  paid  him  by  H.  I.  J.,  the  administrator  of  said 
estate  is  $3,193.75,  that  being  the  amount  actually  due  him,  said 
E.  F.  G.,  under  said  decree,  and  whereas  said  decree  is  filed  in  the  clerk's 
office  of  said  court,  and  said  decree  was  docketed  in  said  clerk's  office  on 
the  day  and  year  first  above  written. 

Now,  you,  the  said  sheriff,  are  hereby  required  to  make  the  said 
sums  due  on  the  said  decree,  with  interest  as  aforesaid,  and  costs  and 
accruing  costs  to  satisfy  the  said  decree  out  of  the  personal  property 
of  said  H.  I.  J.,  or,  if  sufficient  personal  property  of  said  H.  I.  J. 
cannot  be  found,  then  out  of  the  real  property  in  your  county  belong- 
ing to  him  on  the  day  whereon  said  decree  was  docketed  in  the  said 
county,  or  any  time  thereafter;  and  make  return  of  this  writ  within 
sixty  days  after  your  receipt  hereof,  with  what  you  have  done  indorsed 
hereon. 

Witness,   [ete.]. 

[Signature.] 

NOTE. — In  such  cases  the  creditor  may  have  execution  on  the  decree  as  upon 
a  judgment  in  the  court  in  favor  of  each  creditor;  and  the  "same  proceedings 
may  be  had  under  the  execution  as  under  execution  in  other  cases":  California, 
Code  Civ.  Proc,  sec.  1649.  In  other  cases  the  decree  or  judgment  hears  the 
statutory  interest,  which  is  not  expressly  allowed  in  probate  matters.  Section 
1649  makes  the  administrator  personally  liable  to  each  creditor  for  his  allowed 
claim,  and  it  seems  that  he  is  liable  for  interest  from  the  date  of  the  docketing 
of  the  decree:  Alaska,  Comp.  Laws  1913,  sec.  1711;  Arizona,  Eev.  Stats.  (Civ. 
Code  1913),  see.  1022;  Idaho,  Kev.  Codes  1907,  sec.  5612;  Washington,  Eem. 
Code,  see.  1574. 

No.  1652.    Execntion  Against  Property— Colorado. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of ,  ss. 

The  People  of  the   State   of  to  any   Constable   of  said  County, 

Greeting. 

We  command  you  that  of  the  goods  and  chattels  of  in  your 

county  you  make  the  sum  of dollars  ($ )  and  (— )  cents 

debt,  and  dollars   ($ )   and  (— )   cents  costs,  which  


611  Execution.  Forms  1653, 1654 

lately  recovered  before  me,   in   a  certain  plea  against   said  ;   and 

hereof  make  return  within  thirty  days  from  this  date. 

,  J.  P.  [L.  S.] 


Given  under  my  hand  and  seal  this  day  of ,  19 — . 

NOTE.— See  Colo.  Mill's  Ann.  Stats.  1912,  sec.  4319. 

No.  1653.    Execution  Against  Property — Hawaii. 

[Title  of  Court  and  Cause.] 

To  any  Police  Officer  of  the  District  of  ,  Island  of  ,  Territory 

of  Hawaii. 

You  are  commanded  to  levy  upon  the  personal  property  of  ,  if 

any  within  your  district,  and  if  sufficient  cannot  be  found,  then  upon 
his  real  property  within  said  district,  and,  giving  thirty  days'  previous 
notice  as  required  by  law,  to  sell  the  same,  or  so  much  thereof  as  may 
be  found  necessary,  at  public  sale  to  the  highest  bidder,  in  order  to 

satisfy  a  judgment  rendered  by  me  against  him  in  favor  of ,  on  the 

day  of  ,  19 — ,  for  dollars    ($ ),  the   costs  of  court 

inclusive,  collecting  also  the  legal  interest  thereon,  from  date  thereof, 
and  your  costs  and  the  expenses  of  levy,  advertisement,  and  sale.  Make 
due  return  to  me  of  this  writ,  with  j'our  proceedings  thereon,  and  the 

money  by  you  so  collected,  on  or  before  the  expiration  of  days; 

and  hereof  fail  not  at  your  peril. 

Given  under  my  hand  this day  of ,  19 — . 

,  District  Magistrate. 

NOTE.— See  Eev.  Code  Hawaii  1915,  sec.  2447. 

The  writ,  if  it  issues  from  a  court  of  record,  is  addressed  to  the  high  sheriff 
or  his  deputy:  See  Rev.  Code  Hawaii,  1915,  sec.  2451. 

No.  1654.    Execution  Against  Property — Oregon. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of . 

To  the  Sheriff  of  Such  County,  or    Any    Constable    of    Any    Precinct 
Therein,  Greeting: 

Whereas  has  obtained  a  judgment  against  for  the  sum  of 

dollars  ($ )  before  the  undersigned,  a  justice  of  the  peace  for 

the  precinct  aforesaid,  on  the  day  of  ,  19 — : 

Therefore,  in  the  name  of  the  state  of  ,  you  are  hereby   com- 
manded tliat  of  the  personal  property  of  the  said  ,  excepting  such 

as  the  law  exempts,  you  cause  to  be  made,  by  levy  and  sale  accordin<:: 
to  law,  the  amount  of  such  judgment  and  disbursements  and  expenses 
that  may  accrue;  and  of  this  writ  make  legal  service  and  due  return  to 
me  within  thirty  days  from  the  date  hereof. 

Given  under  my  hand  this  day  of ,  19 — . 

,  Justice  of  the  Peace. 


Forms  1655, 1656        Cowdery's  Form  Book.  612 

No.  1655.    Execution  Against  Property — WasMngton. 
[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 

To  the  Sheriff  or  Any  Constable  of  Said  County: 

Whereas  judgment  against ,  for  the  sum  of dollars  ($ ), 

and  dollars  ($ )  costs  of  suit,  was  recovered  on  the  day 

of  ,  19 — ,  before  the  undersigned,  one  of  the  justices  of  the  peace 

in  and  for  said  county,  at  the  suit  of . 

These  are  therefore,  in  the  name  of  the  state  of  ,  to  command 

you  to  levy  on  the  goods  and  chattels  of  the  said  ,  excepting  such 

as  the  law  exempts,  and  make  sale  thereof,  according  to  law,  to  the 
amount  of  said  sum  and  costs,  upon  this  writ;  and  the  same  return  to 

me  within  thirty  days,  to  be  rendered  to  the  said  for  his  debt, 

interest,  and  costs. 

Given  under  my  hand  this day  of ,  19 — . 


-,  Justice  of  the  Peace. 


NOTE.— See  Wash.  Bern.  Code,  sec.  1890. 


No.  1656.    Execution  Against  the  Body — California. 

[Title  of  Court  and  Cause.] 

To  the  Sheriff  of  the  County  of ,  Greeting. 

Whereas,  ,  the  plaintiff  in  the  above-entitled  action,  obtained  a 

judgment  against  ,  the  defendant  therein,  for  the  sum  of  

dollars  ($ ),  before  the  court  of  the  county  of  ,  state  of 

,  on  the  day  of  ,  19 — ,  which  said  judgment  directs  that 

the  said  defendant  be  arrested;  and  whereas  it  appears  that  execution 
has  issued  against  the  property  of  said  judgment  debtor,  but  that  said 
execution  has  been  returned  vinsatisfied  in  whole : 

You,  the  said  sheriff,  are  therefore  commanded  and  required,  in  the 

name  of  the  people  of  the  state  of ,  to  arrest,  and  take  the  person 

of,  ,  the  said  judgment  debtor,  and  commit  him  to  the  jail  of  the 

county  of until  he  pay  the  said  judgment,  with  interest,  or  be  dis- 
charged according  to  law. 

Given  under  my  hand  and  the  seal  of  said  court  of  the  county 

of ,  state  of ,  this day  of ,  19 — . 

[Seal]  [Signature.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  1101;  California,  Code  Civ.  Proc, 
sees.  682,  684,  904;  Idaho,  Rev.  Codes  1907,  see.  4471;  Montana,  Eev.  Codes 
1907,  sees.  6814,  6817,  7063. 


613  Execution.  Forms  1657, 1658 

No.  1657.    Execution  Against  the  Body — Oregon. 
[Title  of  Court  and  Cause.] 

State  of ,  County  of . 


To  the   Sheriff  of  Such   County,   or   Auy   Constable  of   Any  Precinct 
Therein,  Greeting: 

Whereas  has  obtained  a  judgment  against  for  the  sum  of 

dollars  ($ )  before  the  undersigned,  a  justice  of  the  peace  for 

the  precinct  aforesaid,  on  the  day  of  ,  19 — ;  and  whereas  it 

appears  from  an  affidavit  by  the  said ,  filed  with  me,  that  : 

Therefore,  in  the  name  of  the  state  of  ,  you  are  hereby  com- 
manded to  take  the  body  of  said to  the  jail  of  the  county  aforesaid, 

there  to  be  safely  kept  in  the  custody  of  the  jailer  until  the  amount  of 
said  judgment  and  disbursements  and  expenses  that  have  and  may 
accrue  shall  be  paid,  or  he  be  otherwise  legally  discharged;  and  of  this 
writ  make  legal  service  and  due  return  to  me  within  thirty  days  from 
the  date  hereof. 

Given  under  my  hand  this day  of ,  19 — . 

,  Justice  of  the  Peace. 

No.  1658.    Execution  Against  the  Body — Washington. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

To  the  Sheriff  or  Any  Constable  of  Said  County: 

Whereas  judgment  against for  the  sum  of dollars  ($ ), 

and  for dollars  ($ )  costs  of  suit,  was  recovered  on  the  

day  of  ,  19 — ,  before  the  undersigned,  one  of  the  justices  of  the 

peace  in  and  for  said  county,  at  the  suit  of  ,  and  an  execution 

against  his  property  returned  unsatisfied: 

These  are  therefore,  in  the  name  of  the  state  of  ,  to  command 

you  to  take  the  body  of  the  said  ,  and  him  convey  and  deliver  to 

the  keeper  of  the  jail  of  said  county,  who  is  hereby  commanded  to 
receive  and  keep  the  said in  safe  custody  in  prison  until  the  afore- 
said sum  and  all  legal  expenses  be  paid  and  satisfied,  or  until  he  be 
discharged  therefrom  by  due  course  of  lawj  and  of  this  writ  make  due 
return  within  thirty  days. 

Given  under  my  hand  this  day  of ,  19 — . 

,  Justice  of  the  Peace 

NOTE.— See  Wash.  Rem.  Code.  sec.  1890,  p.  968. 


Forms  1659,  1660         Cowdery  's  Form  Book.  614 

No.  1659.    Execution  Against  Principal  or  Judgment  Debtor,  and  His 

Surety,  After  Expiration  of  Stay — Oklahoma. 
[Title  of  Court  and  Cause.] 

State  of,  . 

County  of  ,  ss. 

To  ,  Constable  of ,  in  said  County,  Greeting: 

Ti^hereas  ,  on  the  day  of,  19—,  in  an  action  then  pending 

before   the   undersigned,   justice   of   the   peace,   recovered   a   judgment 

against ,  for  the  sum  of dollars  ($ ),  and  the  further  sum 

of  dollars  ($ )  as  costs  of  suit;  and  whereas,  on  the  day 

of ,  19 — ,  entered  into  an  undertaking  as  surety  for  the  said 

,  for  a  stay  of  execution  for days,  which  time  has  now  elapsed ; 

and  whereas  the  said  judgment  still  remains  unsatisfied: 

Now  therefore  you  are  liereby  commanded  that  of  the  goods  and 
chattels  of  the  said you  cause  said  judgment  and  costs  to  be  satis- 
fied as  provided  by  law;  and  for  want  of  sufficient  goods  and  chattels 

of  said ,  that  you  cause  said  judgment  and  costs  to  be  satisfied  out 

of  the  goods  and  chattels  of  said ,  and  you  are  hereby  required  to 

make  a  return  of  this  execution,  with  your  certificate  thereon,  showing 
the  manner  in  which  you  have  executed  the  same,  within  thirty  days 
from  the  time  of  your  receipt  hereof. 

Witness  my  hand  at ,  in  said  county,  this day  of ,  19—. 

,  Justice  of  the  Peace. 

NOTE.— Oklahoma,  Harris  &  Day's  Code  1910,  sec.  5418. 

No.  1660.    Execution  Against  Debtor  and  Surety— WasMngton. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

To  the  Sheriff  or  Any  Constable  of  Said  County: 

Whereas,  judgment  against for  the  sum  of dollars  ($ ), 

and  for  dollars   ($ )  costs  of  suit,  was  recovered  on  the  

(Jay  of  ,  19 — ,  before  the  undersigned,  one  of  the  justices  of  the 

peace  in  and  for  said  county,  at  the  suit  of,  and 

Whereas,  on  the  day  of  ,  19—,  became  surety  to  pay 

said  judgment  and  costs,  in  the month  from  the  date  of  the  judg- 
ment aforesaid,  agreeably  to  law,  in  the  payment  of  which  the  said 

and have  failed: 

These  are  therefore,  in  the  name  of  the  state  of  ,  to  command 

you  to  levy  on  the  goods  and  chattels  of  the  said  and  ,  ex- 
cepting such  as  the  law  exempts,  and  make  sale  thereof,  according  to 
law,  to  the  amount  of  said  sum  and  costs,  upon  this  writ ;  and  the  sanie 

return  to  me  within  thirty  days,  to  be  rendered  to  the  said for  his 

debt,  interest,  and  costs. 

Given  under  my  hand  this day  of,  19 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Wash.  Kern.  Code,  sec.  1890. 


615  Execution.  Forms  1661-1664 

No.  1661.    Execution— Instructions  to  Officer  to  Levy  on  Real  Estate 

— Justice's  Court. 
[Title  of  Court  and  Cause.] 

You  are  hereby  directed  to  levy,  by  virtue  of  the  writ  of  execution 
issued  in  the  above-entitled  suit  herewith  handed  to  you,  on  all  the 
right,  title,  and  interest  of  A.  L.  C,  the  therein  named  defendant,  in 
and  to  the  following  described  real  estate,  situate,  lying,  and  being  in 
the  county  of  Butte,  standing  of  record  in  the  office  of  the  county  re- 
corder of  said  county  in  the  name  of  C.  L.  P.  [or  the  defendant],  viz. 
[particular  description],  |.„.        4-    ,    -i 

NOTE. — An  officer  is  not  obligated  to  search  for  property  upon  which  he 
may  levy.  If  he  knows  of  such  property,  it  is  his  duty  to  make  a  levy.  It  has 
always  been  the  practice  to  give  special  instructions  to  the  officer  who  holds  a 
writ  of  execution  or  other  similar  writ.  As  to  attachments,  the  California 
Code  of  Civil  Procedure,  section  543,  directs  such  instructions  to  be  given. 

No.  1662.    Instructions  by  Judgment  Debtor  to  Ofl&cer— Justice's  Court. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice  that  you  are  directed  to  levy  on  the  fol- 
lowing described  property  to  satisfy  the  judgment  and  costs  in  said 
action. 

Dated  .  rci-       ^       t 

[Signature,] 

NOTE. — California,  Code  Civ.  Proc,  sec.  691.  This  may  be  done  bv  a 
defendant  when  there  is  more  property  of  his  (the  judgment  debtor's) 
within  view  of  the  officer  than  is  sufficient  to  satisfy  the  judgment  and 
accruing  costs. 

No.  1663.    Instructions  to  Officer  to  Garnish— Justice's  Court. 
[Title  of  Court  and  Cause.] 

You  are  hereby  instructed  to  levy  on,  by  virtue  of  the  accompanying 
writ  in  the  above-entitled  suit,  the  following  described  property,  to  wit: 
All  moneys,  credits,  effects,  and  debts  due  or  owing  in  the  hands  or 
under  the  control  of  A,  B.  C.,  of  No.  128  A  street,  Sacramento,  belong- 
ing to  A.  R.  S.,  the  defendant  in  the  above-entitled  action. 

Dated, .  [Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sec.  543. 

No.  1664,     Order  Recalling  Execution. 
[Title  of  Court  and  Cause.] 

The  defendant  having  paid  into  court  the  sum  of  ten  dollars  ($10) 
costs,  as  ordered  herein,  and  the  judgment  by  default  herein  being  va- 
cated, the  writ  of  execution  issued  herein  on  the day  of ,  19 — , 

is  hereby  vacated  and  ordered  to  be  forthwith  returned. 

[Signature.] 

NOTE. — Power  of  justice  to  recall  execution:  See  Gates  v.  Lane,  49  Cal, 
206. 


Forms  1666, 1667        Cowdery's  Form  Book.  616 

No.  1666.    Ezecution— Third  Party  Claim. 
[Title  of  Court  and  Cause.] 

Please  take  notice  that  I  am  the  owner  of  and  claim  the  following 
described  property  upon  which  you  have  levied  execution  in  the  above- 
entitled  action,  viz.:  [Description.]  My  title  to  it  is  a  grant  from 
A.  B.  C,  to  me,  executed  and  acknowledged  and  delivered  to  me,  and 
is  of  record  in  the  office  of  the  county  recorder  of  Butte  county,  in 
volume  No.  197  of  Deeds,  at  pages  176-179. 

Dated,  , 

[Signature.] 

State  of, , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  owner  of  the  following 

described  property,  upon  which  execution  in  the  above-entitled  action 

was  levied  on  the day  of ,  19 — ,  to  wit :  ;  that  his  title  to 

it  is  a  grant  from to  the  undersigned,  executed,  acknowledged,  and 

delivered  to  him;  and  that  such  instrument  is  of  record  in  the  office  of 

the  county  recorder  of ,  in  volume  number of  deeds,  at  pages 

to . 


Subscribed  and  sworn  to  [etc.]. 
NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  689. 


[Signature.] 
[Official  signature.] 


No.  1667.    UndertaMng  to  Indemnify  Sheriff — Oregon. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of . 

Civil  Action  to  Recover  Money. 

Whereas,  sheriff  by  virtue  of  an  execution,  to  him  directed,  against 

the  personal  property  of  the  above-named  defendant,  ,  has  levied 

upon  certain  personal  property  as  the  property  of  such  defendant,  which 

said  property  one  now  claims  to  be  the  owner  of  and  entitled  to 

the  possession  of: 

We,  and  ,  sureties,  hereby  undertake  to  indemnify  such 

sheriff  against  all  damages  and  costs  which  he  may  sustain  in  conse- 
quence of  the  seizure  and  sale  of  such  property,  and  that  we  will  pay 

to  such  claimant ,  all  damages  which  he  may  sustain  in  consequence 

of  the  same,  not  exceeding  the  sum  of dollars  ($ ) 

Dated  this day  of ,  19 — . 

[Signatares.] 


617  Execution.  Forms  1668, 1669 

No.  1668.    Undertaking  to  Indemnify  Constable — Washington. 
[Title  of  Court  and  Cause.] 

Whereas, claims  to  be  owner  of,  and  to  have  the  right  to  posses- 
sion of,  certain  personal  property,  to  wit,  ,  which  has  been  taken 

by constable  in county,  upon  an  execution  by  ,  justice  of 

the  peace  in  and  for  the  county  of ,  upon  a  judgment  obtained  by 

,  plaintiff,  against ,  defendant: 

Now  therefore  we,  ,  plaintiff,  ,  and  ,  acknowledge  our- 
selves bound  unto  the  said  ,  constable,  in  the  sum  of  dollars 

($ ),  to  indemnify  the  said against  such  claim. 

[Signatures.] 

NOTE.— See  Wash.  Bern.  Code,  see.  1890,  p.  970. 

No.  1669.    Undertaking  by  Claimant,   Other  Than  Judgment  Debtor, 

for  Release  of  Property. 
[Title  of  Court  and  Cause.] 

Whereas  the  plaintiff  in  the  above-entitled  action  did,  on  the  

day  of  ,  19 — ,  recover  a  judg-ment  against  said  defendant,  for  the 

payment  of  dollars  ($ ),  current  lawful  money  of  the  United 

States  of  America;  and 

Whereas,  the  sheriff  of  said  county  did,  on  the  day  of  , 

19 — ,  levy  execution  under  such  judgment  upon  the  following  described 
property,  to  wit, ,  to  satisfy  said  judgment;  and 

Whereas ,  not  the  judgment  debtor,  claims  said  property,  which  is 

of  the  estimated  value  of  dollars   ($ ),  current  lawful  money 

of  the  United  States  of  America: 

Now  therefore  we,  the  undersigned, ,  as  principal,  and  and 

,  as  sureties,  in  consideration  of  the  premises,  hereby  jointly  and 

severally  undertake,  in  the  sum  of dollars  ($ ),  [naming  a  sum 

equal  to  double  the  estimated  value  of  the  property,  but  in  no  e\ent  a 
greater  sum  than  double  the  amount  for  which  execution  is  levied], 
current  lawful  money  of  the  United   States   of  America,   and  promise 

that,  if  said  property  so  claimed  by  the  said  is  finally  adjudged 

to  be  the  property  of  the  said  judgment  debtor,  we  will  pay  of  said 

judgment  upon  which  said  execution  issued  the  sum  of  dollars 

($ ),  [naming  a  sum  equal  to  the  estimated  value  in  the  undertak- 
ing], current  lawful  money  of  the  United  States  of  America. 

Dated  this  day  of ,  19 — . 

[Signatures.] 

[Justification.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  710,  7101^,  712;  Montana,  Bot. 
Codes  1907,  sec.  6823. 


Forms  1670-1673        Cowdery's  Form  Book.  618 

No.  1670.    Debtor's  Claim  of  Exemption. 
[Title  of  Court  and  Cause.] 

To ,  Sheriff  of  tlie  County  of . 

You  will  please  take  notice  that  the  following  described  property,  to 

wit,  ,  levied  on  by  you  under  the  writ  of  execution  issued  in  the 

above-entitled  action,  is  exempt  from  execution,  and  the  defendant 
herein  claims  the  same  as  exempt,  and  you  are  requested  to  forthwith 
release  your  levy  on  said  property  and  restore  it  to  defendant. 

[Signature.] 

NOTE.— See  Cal.  Code  Civ,  Proc,  sec.  690. 

Such  claim  need  not  be  in  writing.  When  the  officer  has  notice  that  prop- 
erty is  exempt,  he  is  liable  if  he  sells  it.  In  such  case  it  ia  the  practice  for  the 
officer  to  exact  indemnity  before  sale. 

No.  1671.    Return  of  Execution  Satisfied. 
[Title  of  Court  and  Uause.] 

I  hereby  certify  that  I  have  this  twelfth  day  of  May,  1917,  returned 
the  within  execution  satisfied. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  415. 

No.  1672.    Return  of  Execution  Satisfied — Anotter  rorm, 
[Title  of  Court  and  Cause.] 

I  hereby  certify  that  I  received  the  annexed  execution  on  the  ninth 
day  of  August,  1917,  and  by  virtue  tliereof  recovered  from  the  therein 
named  judgment  debtor  the  sum  of  $397,  and  after  deducting  my  fees 
and  commission  of  $27.50,  I  applied  the  balance  of  $368.50  in  satisfac- 
tion of  said  exectuion,  as  will  more  fully  appear  by  receipt  of  the  i^Iain- 
tiff  indorsed  hereon  and  made  a  part  hereof,  and  I  hereby  return  the 
Raid  execution  satisfied. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec  683. 

No.  1673.  Return  of  Execution — No  Property  Found— Justice's  Court. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of . 

I  hereby  certify  that  I  received  the  annexed  execution  on  the  third 
day  of  August,  A.  D.  1917,  and,  after  due  and  diligent  search  and  in- 
quiry, I  am  unable  to  find  any  property  belonging  to  the  defendant 
therein  named  in  said  county. 

NOTE. — It  may  be  made  returnable  not  less  than  ten  nor  more  than  sixty 
days  after  its  receipt  by  the  office:   California,  Code  Civ.  Proc,  sec.  683. 


619  Execution.  Forms  1674-1677 

No.  1674.     Order  to  Release  Levy. 
[Title  of  Court  and  Cause.] 

The  sheriff  of  the  city  and  county  of  San  Francisco  Is  herehy  directed 
to  release  from  levy  all  the  property  seized  by  him  by  virtue  of  the 
writ  of  execution  issued  in  the  above-entitled  suit. 

Dated, , 

,  Attorney  for  Plaintiff. 

NOTE. — Such  orders  are  obeyed  by  oflScers  upon  the  principle  that  the  person 
who  gives  an  order  may  revoke  it  in  the  absence  of  intervening  rights  of  others 
of  which  the  officer  has  notice. 

No.  1675.    Notice  of  Levy  on  Real  Property. 

State  of , 

County  of 


Notice  is  hereby  given  that,  under  and  by  virtue  of  a  writ  of  execu- 
tion, of  which  the  within  is  a  true  copy,  I  have  this  day  levied  upon 

all  the  right,  title,  claim,  and  interest  of  ,  said  defendants,  and 

each  of  them,  in  and  to  the  following  described  real  property,  standing 

on  the  records  of  said  county  in  the  name  of ,  said  property  being 

particularly  described  as  follows,  to  wit:  . 

Dated  this day  of ,  19 — . 

[Signature.] 

NOTE.— Arizona,  Eev.  Stats.  (Civ.  Code  1913),  sec.  1.364;  California,  Code 
Civ.  Proc,  sees.  542,  688,  904;  Montana,  Rev.  Codes  1907,  sees.  G821,  7063; 
Utah,  Comp.  Laws  1907,  sec.  3240. 

This  notice  is  to  be  indorsed  on,  or  attached  to,  a  copy  of  the  writ. 

No.  1676.    "Bail"  for  Stay  of  Execution— Wyoming. 
[Title  of  Court  and  Cause.] 

We  jointly  and  severally  acknowledge  ourselves  bail  for  the  defend- 
ant,   ,  for  the  payment  of  the  above  judgment,  together  with  the 

interest  and  costs  accrued  and  to  accrue. 

[Signatures.] 

No.  1677.    Bond  for  Stay  of  Execution— Washington. 
[Title  of  Court  and  Cause.] 

Whereas  has  obtained  a  judgment  before  ,  one  of  the  jus- 
tices of  the  peace  in  and  for county,  on  the day  of ,  19 — , 

against ,  for dollars  ($ )  :  Now  therefore  I,  acknowl- 
edge myself  bound  to  in  the  sum  of  dollars    ($ ),  this 

bond  to  be  void  if  such  judgment  shall  be  paid  at  the  expiration  of  one 
month  after  the  time  it  was  rendered. 

Dated  the day  of ,  19—. 

[Signature.] 


Forms  1678,  1679        Cowdery's  Form  Book.  620 

No.  1678.    Certificate  of  Levy— Colorado. 

State  of , 

County  of  ,  ss. 

I  hereby  certify  that,  by  virtue  of  a  certain  writ  of  execution  to  me 

directed  from  the  ■ court  of county,  in  favor  of ,  against 

,  dated  the day  of ,  19—,  I  did,  on  this day  of , 

19 — ,  levy  upon  the  following  real  estate,  namely ; 


[OflScial  signature.] 
NOTE.— See  Colo.  Mill's  Ann.  Stats.  1912,  sec.  4191. 

No,  1679.    Execution  on  Judgment  for  Restitution. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,ss. 

To  the  Sheriff,  or  Any  Constable,  of  Said  County: 

Whereas  in  a  certain  action  for  the  forcible  entry  and  detention  of  the 

following  described  premises,  to  wit:  lately  tried  before  the  above - 

entitled  court,  wherein was  plaintiff  and was  defendant,  judg- 
ment was  rendered  on  the  day  of  ,  19—,  that  the  plaintiff, 

,  have  restitution  of  said  premises,  and  also  that  he  recover  costs 

and  disbursements  in  the  sum  of dollars  ($ ) : 

In  the  name  of  the  state  of ,  you  are  therefore  hereby  commanded 

to  cause  the  defendant  to  be  forthwith  removed  from  said  premises,  and 
said  plaintiff  to  have  restitution  of  the  same ;  also,  that  you  levy  on  the 
goods  and  chattels  of  said  defendant,  and  make  the  costs  and  dis- 
bursements aforesaid,  and  all  accruing  costs ;  and  of  this  writ  make  legal 
service  and  due  return. 

Witness  my  hand  and  official  seal  this day  of ,  19 — . 

[Seal]  [Official  sig-nature.] 

NOTE.— Kansas,  Uen.  Stats.  1915,  sec.  7875. 

EXECUTION  SALES. 

1699.  Notice  of  sheriff's  sale  of  real  property. 

1700.  Notice  of  constable's  sale. 

1701.  Notice  of  sale — Montana  and  Utah. 

1702.  Notice  of  postponement  of  sale. 

1703.  Notice  of  sale  of  personal  property,  and  of  postponement  of  sale. 

1704.  Return  of  levy  on,  and  sale  of,  real  property. 

1705.  Return  of  sale  of  real  estate. 

1706.  Return  of  levy  on,  and  sale  of,  personal  property. 

1707.  Certificate  of  sale  of  real  property  on  execution. 

1708.  Certificate  of  sale  of  personal  property  on  execution. 

1709.  Acknowledgment  by  deputy  sherifiE, 

1710.  Certificate  of  sale  of  corporate  stock  ordered  by  court  to  be  sold. 

1711.  Deed  to  purchaser  in  California. 

1712.  Certificate  of  redemption. 

1713.  Complaint  by  purchaser  at  sheriff's  sale. 


621  Execution  Sales.  Forms  1699, 1700 

No.  1699.    Notice  of  Sheriff's  Sale  of  Real  Property. 

Under  and  by  virtue  of  an  execution  issued  out  of  the  court  of 

the  county  of  ,  state  of ,  in  an  action  wherein  was  plain- 
tiff and  defendant,  upon  a  judgment  rendered  on  the  day  of 

,  19—,  in  favor  of  said  plaintiff  and  against  said  defendant,  for 

the  sum  of  dollars  ($ ),  current  lawful  money  of  the  United 

States  of  America,  with  interest  and  costs,  I  have  this  day  levied  upon 
all  the  right,  title,  claim,  and  interest  of  said  defendant  in  and  to  the 
following  described  real  property,, to  wit: ;  and 

Notice  is  hereby  given  that  I  will,  on  the  day  of ,  19 — ,  at 

o'clock  A.  M.  of  said  day,  at sell  at  public  auction,  for  cur- 
rent lawful  money  of  the  United  States  of  America,  all  the  right,  title, 
claim,  and  interest  of  said  defendant  in  and  to  the  above-described  prop- 
erty, or  so  much  thereof  as  may  be  necessary  to  satisfy  said  judgment, 
with  interest  and  costs,  and  accruing  costs,  to  the  highest  bidder. 

Dated  this day  of ,  19 — . 

[Signature.] 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  1110;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sec.  1367;  California,  Code  Civ.  Proc,  sees.  692,  904;  Colo- 
rado, Mill's  Ann.  Stats.  1912,  sec.  4192;  Hawaii,  Rev.  Code  1915,  sec  2457; 
Idaho,  Rev.  Code®  1907,  sec.  4482;  Kansas,  Gen.  Stats.  1915,  sec.  7357; 
Montana,  Rev.  Codes  1907,  sees.  6828,  7068;  Nebraska,  Rev.  Code  1913,  sec. 
8075;  Nevada,  Rev.  Laws  1912,  sec.  5290;  New  Mexico,  Stats.  Ann.  1915, 
sees.  2195,  2196;  North  Dakota,  Comp.  Laws  1913,  sees.  7744,  7745;  Oklahoma, 
Harris  &  Day's  Code  1910,  sec.  5165;  Oregon,  Lord's  Oregon  Laws,  sec.  237; 
South  Dakota,  Comp.  Laws  1913,  sec.  5142;  Utah,  Comp.  Laws  1907,  sec. 
3249;  Washington,  Rem.  Code,  sec.  582;  Wyoming,  Comp.  Stats.  1910,  sees. 
4694,  4733. 

No.  1700.    Notice  of  Constable's  Sale. 

By  virtue  of  an  execution  issued  out  of  the  court  of ,  justice  of 

the  peace  of township,  county  of ,  state  of ,  dated  the 

day  of ,  19 — ,  in  a  certain  action  wherein ,  as  plaintiff,  recov- 
ered judgment  against  ,  defendant,   for  the   sum  of  dollars 

($ ),  current  lawful  money  of  the  United  States,  and  costs  of  suit, 

taken  at dollars  ($ )  and cents,  on  the day  of , 

19 — ,  I  have  levied  upon  the  following  described  property,  to  wit :  

Notice  is   hereby  given  that   on  ,  the  day   of  ,   19 — , 

at  o'clock  A.  M.  of  that  day,  in  front  of  the  courthouse  in  the 

county  of ,  I  will  sell  all  the  right,  title,  and  interest  of  said , 

the  defendant,  in  and  to  the  above-described  property,  at  public  auc- 
tion, for  cash,  in  current  lawful  money  of  the  United  States,  to  the 
highest  and  best  bidder,  to  satisfy  said  execution  and  all  costs. 

Dated  at this day  of ,  19—. 

,  Constable. 


Forms  1701-1703        Cowdery's  Form  Book.  622 

No.  1701.    Notice  of  Sale — Montana  and  XJtali. 

Sheriff's  Sale. 

,  Plaintiff,  v.  ,  Defendant. 

To  be  sold  at  sheriff's  sale,  on  the day  of ,  19 — ,  at 


,  Sheriff. 

NOTE.— Montana,  *Eev.  Codes  1907,  sec.  6828;  Utah,  Comp.  Laws  1907, 
sec.  3249. 

Any  sheriff  publishing  a  notice  not  in  accordance  with  this  form,  ana  wliich 
shall  cost  more  than  such  a  notice,  shall  not  be  entitled  to  any  costs  for 
publication  of  the  same,  but  shall  be  personally  liable  for  the  payment  of 
such  publication.  The  form  in  Utah  is  the  same  as  in  Montana,  except  that 
it  has  added  thereto  the  title  of  the  court. 

No.  1702.    Notice  of  Postponement  of  Sale. 

Notice  is  hereby  given  that  the  sale  above  referred  to  was  this  day 

by  me  postponed  until ,  19—,  when  it  will  take  place  as  above 

stated. 

Dated ,  19—. 

[Signature.] 

NOTE. — This  form  is  to  be  attached  to  the  original  notice  of  sale. 

No.  1703.    Notice  of  Sale  of  Personal  Property,  and  of  Postponement 
of  Sale. 
Under  and  by  virtue  of  an  execution  issued  out  of  the  court  of 

county,  state  of ,  in  an  action  wherein was  plaintiff  and 

defendant,  upon  a  judgment  in  favor  of  said  plaintiff  and  against 

said  defendant  for  the  sum  of dollars  ($ ),  with  interest  and 

costs  of  suit,  and  to  me  directed  and  delivered,  which  execution  was 

duly  attested  the day  of ,  19—,  I  have  levied  on  all  the  right, 

title,  claim,  and  interest  of  said  defendant  in  and  to  the  following  de- 
scribed property,  to  wit:  . 

Notice  is  hereby  given  that  on , 19 — ,  at o'clock  A.  M., 

at ,  I  will  sell  the  above-described  property,  or  so  much  thereof  as 

may  be  necessary  to  satisfy  plaintiff's  claim,  besides  costs  and  interest, 
and  accruing  costs,  at  public  auction,  to  the  highest  bidder,  for  cash. 

[Signature.] 

jq-Qtice. — The  above  sale  is  hereby  postponed  until  ,  ,  19 — , 

at o'clock  A.  M. 

[Signature.] 

NOTE. — ^This  general  form  is  applicable  to  various  kinds  of  property; 
but  care  must  be  exercised  in  the  manner  of  giving  notice,  and  the  time  of 
notice,  according  to  the  various  kinds  of  property  to  be  sold.  Notice  must 
be  given  as  required  by  the  statute,  and  a  heavy  penalty  is  attached  for 
selling  without  notice:  See  Cal.  Code  Civ.  Proc,  sees.  692,  693. 


623  Execution  Sales.  Form  ITOi 

No.  1704.    Return  of  Levy  on,  and  Sale  of,  Real  Property. 

State  of  , 

County  of ,  ss. 

I,  ,  sheriff  of  the  county  of  ,  hereby  certify  that  I  received 

the  within   execution  on  the  day  of  19 — ;  that,  by  virtue 

thereof,  I  did,  on  the  day  of  ,  19 — ,  levy  upon  the  following 

described  real  property,  to  wit:  ;  that  I  noticed  the  same  for  sale, 

as  tlie  law  directs,  by  posting  written  notice,  containing  a  particular 
description  of  the  property,  of  the  time  and  place  of  sale,  for  twenty 
days  successively  in  three  public  places  of  the  township  where  said 
property  is  situated,  and  also  where  said  property  was  to  be  sold,  and 

publishing  a  copy  thereof  once  a  week  for  the  same  period  in  the  , 

a  newspaper  of  general  circulation  printed  and  published  in  said  town- 
ship of ;  that,  on  the day  of ,  19 — ,  at o'clock  A.  M. 

of  said  day,  at  in  said  county,  the  time  and  place  fixed  for  said 

sale,  I  attended  and  offered  for  sale,  at  public  auction,  for  current  law- 
ful money  [or  gold  coin]  of  the  United  States  of  America,  the  property 

above  described,  and  sold  the  whole  of  the  same  to  ,  for  the  sum 

of  dollars  ($ ),  in  current  lawful  money  of  the  United  States 

of  America,  said  being  the  highest  bidder  for  the  same,  and  said 

sum  being  the  highest  bid  for  said  property,  [or,  where  the  property 
consists  of  several  known  lots  or  parcels,  say:  "And  I  sold  the  same 

separately ;  lot  [giving  its  name  or  number]  to [giving  name 

of  purcliaser],  for  the  sum  of  dollars   ($ ),  in  current  lawful 

money  [etc.;  or  as  the  case  may  be] ;  lot [in  the  same  way] ;  and 

lot [likewise]  ;  said being  the  highest  bidder  for  lot  [1;  or  as 

it  may  be],  and  said  sum  being  the  highest  bid  for  the  same;  said  

being  the  highest  bidder  for  lot  [2 ;  or  as  it  may  be] ,  and  said  sum  being 
the  highest  bid  for  the  same   [and  so  on]  ;  and  the  aggregate  amount 

of dollars  ($ ),  being  the  highest  bid  for  the  property  sold  as 

aforesaid]  ;  and  that  I  gave  such  purchaser  a  certificate  of  said  sale, 
and  filed  a  duplicate  thereof  for  record  with  the  recorder  of  said  county 

of ;  and  I  hereby  return  said  execution  satisfied.     [Omit  this  clause 

.as  to  satisfaction,  where  the  proceeds  of  the  sale  are  insufficient  to 
satisfy  the  judgment,  and  say :  "I  have  been  unable,  after  due  search 
and  diligent  inquiry,  to  find  any  other  property  of  the  within  named 

defendants,  or  either  of  them,  not  exempt  from  execution,  in  said  

county,  out  of  which  to  make  the  remainder  of  the  judgment  in  said 
execution  mentioned,  or  any  part  of  said  remainder;  and  I  hereby  re- 
turn said  execution  satisfied  only  in  part,  namely,  in  the  sura  of  

dollars  ($ ).] 

I  further  certify  that  my  fees,  commission,  and  expenses,  amounted 

to  the  sum  of dollars  ($ ),  which  I  deducted  from  the  said  sum 

of dollars  ($ ),  leaving  a  net  balance  of dollars  ($ ), 


Forms  1705, 1706        Cowdery's  Form  Book.  624 

which  I  paid  to  plaintiff's  attorney,  whose  receipt  therefor  is  hereunto 
attached. 

Dated  this day  of ,  19 — , 

[Signature.] 

NOTE. — This  return  is  to  be  indorsed  on,  or  annexed  to,  the  writ. 

No.  1705.    Return  of  Sale  of  Real  Estate. 

[Title  of  Couii  and  Cause.] 

Office  of  the  Sheriff, 

Of  the  City  and  County  of  San  Francisco, — ss. 

I,  A.  B.  C,  sheriff  of  the  city  and  county  of  San  Francisco,  do  hereby 
certify : 

That,  by  virtue  and  in  pursuance  of  the  annexed  order  of  sale,  I  ad- 
vertised the  property  described  in  said  order,  and  as  follows,  to  wit 
[description],  to  be  sold  by  me  in  front  of  the  City  Hall,  in  the  city 
of  San  Francisco,  on  the  first  day  of  April,  1917,  at  twelve  o'clock,  noon ; 
that  previous  to  said  sale  I  caused  due  and  legal  notice  thereof  to  be 
pi;blished  once  in  each  week  for  three  weeks  successively,  immediately 
before  said  sale,  in  the  D.  E.  B.,  a  daily  newspaper  published  in  the 
city  and  county  of  San  Francisco,  and  caused  said  notice  to  be  posted 
in  three  of  the  most  public  places  in  the  city  of  San  Francisco  for  the 
same  period  preceding  such  sale,  and  that  on  the  first  day  of  April, 
1917,  the  day  on  which  said  premises  were  so  advertised  to  be  sold,  as 
aforesaid,  I  attended  at  the  time  and  place  fixed  for  said  sale,  and  ex- 
posed the  said  premises  for  sale  in  one  parcel,  at  public  auction,  accord- 
ing to  law,  to  the  highest  bidder  for  cash,  United  States  gold  coin, 
when  J.  D.,  being  the  highest  bidder  therefor,  the  said  premises  Avero 
struck  off  by  me  to  the  said  J.  D.  for  the  sum  of  one  thousand  dollars, 
gold  coin,  of  the  United  States,  which  was  the  whole  price  bid,  and 
which  I  acknowledge  to  have  received;  and  that  I  delivered  to  said 
purchaser  a  certificate  of  said  sale,  and  filed  a  duplicate  thereof  in  the 
office  of  the  county  recorder  of  the  said  city  and  county. 

Dated, . 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sec.  683. 

No.  1706.   Return  of  Levy  on,  and  Sale  of,  Personal  Property. 

State  of , 

County  of ,  ss. 

I,  ,  sheriff  of  the  county  of ,  hereby  certify  that  I  received 

the  within  execution  on  the day  of ,  19—;  that  by  virtue  there- 
of I  did,  on  the  day  of  ,  19—,  levy  upon  the  following  de- 
scribed personal  property,  to  wit : ;  that  I  noticed  the  same  for  sale, 

as  the  law  directs,  by  posting  written  notice,  containing  a  particular 
description  of  the  property,  of  the  time  and  place  of  sale,  for days 


625  Execution  Sales.  Form  1707 

successively,  in  three  public  places  of  the  township  wherein  said  prop- 
erty was  to  be  sold ;  that  on  the day  of ,  19—,  at o'clock 

A.  "m.  of  said  day,  at ,  in  said  county,  the  time  and  place  fixed  for 

said  sale,  I  attended  and  offered  for  sale,  at  public  auction,  for  cun-ent 
lawful  money  [or  gold  coin]  of  the  United  States  of  America,  the  prop- 
erty above  described,  and  sold  the  whole  of  the  same  [or  sufficient  there- 
of to  satisfy  said  execution]  to  various  persons,  in  such  separate  parcels 

as  were  likely  to  bring  the  highest  price,  for  the  sum  of  dollars 

($ ),  current  lawful  money  of  the  United  States  of  America,  said 

purchasers  being  the  highest  bidders,  and  said  sum  being  the  highest  bid, 
in  the  aggi-egate,  for  said  parcels;  and  that,  upon  request,  and  after 
payment  of  the  purchase  money,  I  delivered  to  each  purchaser  a  certifi- 
cate of  said  sale  and  filed  a  duplicate  thereof  for  record  with  the  re- 
corder of  said  county  of ;   and  I  hereby  return   said   execution 

satisfied. 

I  further  certify  that  my  fees,  commission  and  expenses  amounted  to 

the  sum  of dollars,  which  I  deducted  from  said  sum  of dollars, 

leaving  a  net  balance  of dollars,  which  I  paid  to  plaintiff's  attorney, 

whose  receipt  therefor  is  hereunto  attached. 

[Dated.] 

[Signature.] 

NOTE. — Notice  must  be  for  not  less  than  five  nor  more  than  ten  days, 
except  in  the  case  of  perishable  property,  when  the  notice  must  be  for  a 
"roasonable"  time,  considering  the  character  and  condition  of  the  property: 
California  Code  Civ.  Proc,  sees.  683,  692,  694,  69S,  699,  700a,  904.  Alaska, 
Comp.  Laws.  191",  see.  1100;  Colorado,  Mill's  Ann.  Stats.  1912,  sec.  4177; 
Montana,  Eev.  Codes  1907,  sees.  6816,  6828,  6830,  6834-6836. 

This  return  is  to  be  indorsed  on,  or  annexed  to,  the  writ. 

No.  1707.    Certificate  of  Sale  of  Real  Property  on  Execution. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

Under  and  by  virtue  of  a  writ  of  execution  in  the  above-entitled  cause, 

attested  the  day  of  ,  19—,  issued  on  a  judgment  entered  in 

said  cause,  in  favor  of  plaintiff  and  against  defendant,  on  the  day 

of ,  19 — ,  by  which  writ  the  undersigned  was  commanded  to  make 

the  sum  of dollars  ($ )  to  satisfy  said  judgment,  with  interest 

and  costs,  out  of  the  personal  property  of  ,  defendant  in  said  ac- 
tion, and,  if  sufficient  personal  property  could  not  be  found,  then  oiit 

of  the  real  property  belonging  to  said  defendant  on  the  day  of 

^  19 — ,  or  at  any  time  thereafter,  as  by  said  writ,  hereby  referred 

to,  more  fully  appears: 

I, ,  sheriff  of  the  county  of ,  state  of ,  do  hereby  certify 

that  I  have  levied  upon,  and  this  day  sold,  at  public  auction,  according 

to  law,  to  [give  name  of  purchaser;  or,  where  there  are  several 

purchasers,  give  the  name  of  each  purchaser  after  each  parcel  described, 

Form  Book — 40 


Form  1707  Cowdery's  Form  Book.  626 

as  shown  below],  he  being  the  highest  bidder,  for dollars  ($ ), 

all  the  right,  title,  and  interest  of  said  defendant,  ,  in  and  to  that 

real  property  situate  in  the  county  of ,  state  of ,  described  as 

follows: ; 

That  said  property  was  sold  in  one  [or,  if  sold  in  several  parcels, 
number  and  describe  each  parcel,  and,  after  each  description,  state  to 
whom  sold,   and  for  what  amount]   parcel;  that  the  highest  price  bid 

therefor  was  dollars  ($ ),  [or,  for  each  distinct  lot  and  parcel 

thereof  was  as  follows:  for  parcel  one,  above  described,  dollars 

($ ),  for  parcel  two,  dollars  ($ )   (and  so  on,  stating  price 

paid  for  each  parcel,  by  number) ;  and  that  the  whole  price  paid  for  all 

of  said  parcels  was  dollars  ($ ),  stating  the  aggregate  paid], 

which  sum  was  the  whole  price  paid  therefor;  and  that  said  property 

is  subject  to  redemption  in years  in  lawful  money  [or  gold  coin]  of 

the  United  States. 

Witness  my  hand  this day  of ,  19—. 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sees.  694,  700a;  Alaska,  Com  p.  Laws, 
1913,  sec.  1118;  Arizona,  Rev.  Stats.  1913,  par.  1373;  Montana,  Rev.  Codes 
1907.  sec.  6836;  Utah,  Comp.  Laws  1907,  sec.  3260;  Washington,  Rem.  Code, 
sec.  584. 

The  officer  must  give  to  the  purchaser  a  certificate,  and  file  a  duplicate 
thereof  for  record  in  the  office  of  the  county  recorder  of  the  county:  See 
Cal.  Code  Civ.  Proc,  sec.  700a.  All  sales  of  property  under  execu- 
tion must  be  made  at  auction,  to  the  highest  bidder,  between  the  hours  of 
nine  in  the  morning  and  five  in  the  afternoon.  After  sufficient  property 
has  been  sold  to  satisfy  the  execution,  no  more  can  be  sold.  Neither  the 
officer  holding  the  execution  nor  his  deputy  can  be  purchaser,  or  interested 
in  the  purchase,  at  such  sale.  When  the  sale  is  of  real  property,  consisting 
of  several  known  lots  or  parcels,  they  must  be  sold  separately;  or  when 
part  thereof  is  claimed  by  a  third  person,  and  he  requires  it,  such  part  must 
be  thus  sold.  The  judgment  debtor,  if  present,  may  direct  the  order  in 
which  property  shall  be  sold,  if  it  consists  of  several  known  lots  or  parcels: 
See  Cal.  Code  Civ.  Proc,  sec.  694. 

In  Washington,  the  sheriff  shall  proclaim  aloud  at  the  place  of  sale  in 
the  hearing  of  all  the  bystanders:  "I  am  about  to  sell  the  following  tracts 
of  real  estate  [here  reading  the  description]  upon  the  following  execution" 
(here  reading  the  execution).  He  shall  also  state  the  amount  which  he 
is  required  to  make  upon  the  execution,  which  shall  include  damages,  inter- 
ests, and  costs  up  to  the  day  of  sale,  and  increased  costs.  He  shall  then 
offer  the  land  for  sale,  the  lots  and  parcels  separately  or  together,  as  he 
shall  deem  most  advantageous.  All  land,  except  town  lots,  shall  be  sold 
by  the  acre:  See  Wash.  Rem.  Code,  sec.  587. 

As  to  how  sales  of  property  are  made  in  other  states  and  territories,  see 
Alaska,  Comp.  Laws  1913,  sec.  1111;  Arizona,  Rev.  Stats.  1913,  pars.  1340, 
1368;  Colorado,  Mills'  Ann.  Stats.  1912,  sees.  4173,  4192;  Montana,  Rev. 
Codes  1907,  sec.  6830;  Utah,  Comp.  Laws  1907,  sec.  3254;  Washington,  Rem. 
Code,  sec.  583. 

A  heavy  statutory  penalty  is  imposed  for  selling  property  without  the 
proscribed  notice:  See  Cal.  Code  Civ.  Proc,  sec.  693;  Idaho,  Rev.  Codes 
1909,  sec.  4483;  Montana,  Rev.  Codes  1907,  sec.  6829;  Utah,  Comp.  Laws 
1907,  see.  3250. 


627  Execution  Sales.  Forms  1708-1710 

No.  1708.    Certificate  of  Sale  of  Personal  Property  on  Esecution. 

State  of , 

County  of ,  ss. 

I, sheriff  of  the  county  of ,  state  of ,  do  hereby  certify 

that  under  and  by  virtue  of  an  execution  issued  out  of  the  court 

of  the  county  of ,  state  of  ,  upon  a  judgment  rendered  on  the 

. day  of ,  19—,  in  favor  of  the  plaintiff  and  against  the  defend- 
ant, in  an  action  wherein  was  plaintiff  and defendant,  which 

execution  was  attested  the day  of ,  19—,  and  by  which  I  was 

required  to  make  the  sum  of  dollars   ($ ),  with  interest  and 

costs,  to  satisfy  said  judgment,  out  of  the  personal  property  of  said 
defendant,  if  sufficient  personal  property  could  be  found,  all  of  which 
more  fully  appears  from  said  execution,  to  which  reference  is  hereby 
made : 

I  levied  on  the  following-described  personal  property,  to  wit:  ; 

and,  at ,  on  the day  of ,  19—,  duly  sold  all  the  right,  title, 

and  interest  of  the  judgment  debtor  in  and  to  the  same  at  public  auction, 

according  to  law,  and,  after  due  and  legal  notice,  to  who  made 

the  highest  bid  therefor  at   such  sale,   for  the  sum   of  dollars 

($ ),  current  lawful  money  [or  gold  coin]   of  the  United  States  of 

America  and  which  said  sum  was  the  whole  price  paid  for  said  property. 

Dated  this day  of ,  19 — . 

[Signature.] 

NdTE.— See  Cal.  Code  Civ.  Proc,  sees.  698,  699,  700a,  904;  Alaska, 
Comp  Laws,  1913,  sec.  1113;  Arizona,  Kev.  Stats.  1913,  pars.  1371,  1372; 
Idaho,  Kev.  Codes,  1907,  sees.  4488,  4489;  Montana,  Rev.  Codes  1907.  sees. 
6834,  7063;  Utah,  Comp.  Laws  1907,  sees.  3258,  3259. 

No.  1709.    Acknowledgment  by  Deputy  Sheriff. 

State  of , 

County  of ,  ss. 

On  this day  of ,  in  the  year  19—,  before  me,  a in  and 

for  said  county,  personally  appeared ,  knoAvn  to  me  to  be  the  person 

who  is  described  in,  and  Avhose  name  is  subscribed  to,  the  within  instru- 
ment as  deputy  sheriff  of  said  county,  and  acknowledged  to  me  that 

he  subscribed  the  name  of  thereto  as  sheriff  of  said  county,  and 

his  own  name  as  deputy  sheriff. 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

No.  1710.    Certificate  of  Sale  of  Corporate  Stock  Ordered  by  Court  to 
be  Sold. 

State  of  , 

County  of ,  ss. 

I, ,  sheriff  of  the  county  of ,  state  of ,  do  hereby  certify 

that,  under  and  by  virtue  of  a  certified  copy  of  the  judgment  rendered 


Form  1711  Cowdesry's  Form  Book.  628 

in  favor  of  the  plaintiff  and  against  the  defendant,  on  the day  of 

,  19 — ,  in  an  action  in  the  court  of  the  county  of ,  state 

of ,  wherein was  plaintiff  and defendant,  and  which  said 

copy,  under  the  seal  of  said  court,  was  directed  to  and  served  upon  me 

on  the day  of ,  19 — ,  requiring  me,  as  such  sheriff,  to  sell  the 

hereunto  annexed  certificate  of  stock  according  to  law,  and  apply  the 
proceeds  of  such  sale  towards  the  satisfaction  of  the  judgment  in  said 

action,  amounting  to  the  sum  of  dollars   ($ ),  current  lawful 

money  of  the  United  States  of  America  [or  gold  coin]  with  interest  and 
costs  of  suit : 

I  duly  sold,  at  ,  on  the  day  of  ,  19 — ,  at  o'clock 

A.  M.  in  said  county,  at  public  auction,  according  to  law,  and  after 
due  and  legal  notice,  the  hereunto  annexed  certificate  of  stock  in  said 

order  of  sale  described,  for  the  sum  of  dollars  ($ ),  current 

lawful  money  of  the  United  States  of  America,  to ,  who  made  the 

highest  bid  therefor  at  such  sale,  and  which  said  sum  was  the  whole 
price  paid  for  said  certificate  of  stock. 

[Signature.] 

NOTE. — California,   Code   Civ.  Proc,  sees.   684,  904;   Idaho,   Eev.   Codes 

1907,  sec.  4473;  Utah,  Comp.  Laws  1907,  see.  3236. 

The  authority  of  the  officer  upon  execution  under  a  money  judgment 
is  broader  than  it  is  in  a  proceeding  for  which  the  above  form  is  prescribed. 
In  the  latter  case,  he  can  only  make  a  sale  of  the  property  directed  to 
be  sold  and  apply  the  proceeds  as  ordered  by  the  court:  Hooper  v.  McDade, 
1  Cal.  App.  733,  737,  82  Pac.  1116. 

No.  1711.    Deed  to  Purchaser  in  California. 

This  deed,  made  this  day  of  ,  nineteen  hundred  and  , 

by  sheriff  of  the  county  of  ,  state  of  ,  grantor,  to  , 

grantee,  witnesseth : 

Whereas,  under  and  by  virtue  of  a  writ  of  execution  issued  out  of, 

and  under  the  seal  of,  the court,  county  of ,  state  of ,  and 

tested  the  day  of  ,  19 — ,  upon  a  judgment  recovered  in  said 

court  on  the day  of ,  19 — ,  in  an  action  then  pending  therein, 

in  favor  of and  against ,  which  writ  was  directed  and  delivered 

to  said  sheriff,  commanding  him  that  of  the  personal  property  of  said 
judgment  debtor  in  his  county  he  cause  to  be  made  certain  moneys  in 
said  writ  specified ;  and  if  sufficient  personal  property  of  said  judgment 
debtor  could  not  be  found,  that  then  he  should  cause  said  specified  sums 
of  money  to  be  made  out  of  the  real  property  in  his  county  belonging 

to  said  judgment  debtor  on  the day  of ,  19 — ,  [date  specified 

in  the  writ  on  which  the  lien  attached,  which  must  be  when  the  judgment 
was  docketed,  or,  if  the  execution  issued  to  another  county,  on  the  day 
when  the  transcript  was  filed  in  the  office  of  the  recorder  of  such  county,] 
or  at  any  time  afterward;  and  because  sufficient  personal  property  of 
said  judgment  debtor  could  not  be  found  whereof  said  sheriff  could 
cause  to  be  made  the  money  specified  in  said  writ,  he  did,  in  obedience 


629  Execution  Sales.  Form  1712 

thereto,  levy  on  and  seize  all  the  right,  title,  interest,  and  estate  which 
said  judgment  debtor  had  in  and  to  the  real  estate  hereinafter  de- 
scribed; and  after  due  notice  given  as  required  by  law,  said  sheriff  did, 

on  the day  of ,  19—,  at o'clock  A.  M.,  sell  said  premises 

at  public  auction,  at ,  in  said  county  of ;  and  said became 

the  purchaser  of  said  property  at  such  sale,  for  the  sum  of dollars 

($ ),  he  being  the  highest  bidder  and  that  sum  the  highest  bid  there- 
for, which  sum  said  purchaser  duly  paid  to  said  sheriff,  and  thereupon 
said  sheriff  delivered  to  said  purchaser  his  certificate  of  sale,  and  filed 
and  caused  to  be  recorded  a  duplicate  thereof  in  the  office  of  the  county 

recorder  of  said  county  of  ,  as  required  by  law;  and having 

expired  since  the  date  of  said  sale,  and  no  redemption  of  said  premises 

having  been  made  by  any  person  [or,  that  said  purchaser,  on  the  

(Jay  of ,  19—,  duly  assigned  and  transferred  all  his  right,  title,  and 

interest  in  said  property  and  said  certificate  of  sale  to ,  who  is  now 

the  owner  and  holder  thereof;  or,  that  said  premises  were  duly  redeemed 

from  said  sale,  by ,  a  redemptioner  legally  entitled  to  so  redeem  the 

same,  on  the day  of ,  19—],  and  the  statutory  time  for  making 

any  other  or  any  redemption  having  expired  and  no  other  redemption 
having  been  made: 

Now,  therefore,  in  consideration  of  the  premises  and  of  said  sum  so 
paid  as  aforesaid,  and  in  compliance  with  the  statute,  said  grantor, 
sheriff  as  aforesaid,  does  hereby  grant,  bargain,  sell,  and  convey  to  said 
grantee,  and  his  heirs  and  assigns,  all  right,  title,  interest,  and  estate 

which  said  judgment  debtor, ,  has,  or  had  on  the day  of , 

19 — ^  the  day  on  which  said  judgment  was  docketed  against  him,  or  at 
any  time  thereafter,  in  and  to  the  real  property  situate  in  the  county 
of ,  state  of ,  described  as  follows :  . 

Together  with  all  tenements,  hereditaments,  and  appurtenances  there- 
unto belonging. 

To  have  and  to  hold  said  premises  with  the  appurtenances  unto  said 
grantee  and  to  his  heirs  and  assigns  forever. 

In  witness  whereof  said  grantor,  as  sheriff  aforesaid,  doth  hereunto 
set  his  hand  and  seal  the  day  and  year  first  above  written. 

[Seal]  

[To  be  acknowledged.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  703. 

No.  1712.     Certificate  of  Redemption. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of  f  ss. 

I  hereby  certify  that  ,  the  judgment  debtor  in  the  case  of 

V.  ,  has  redeemed  from  me  the  following  described  real  estate,  to 

^v;t. ,  sold  under  execution  to  satisfy  the  said  judgment  in  said  action, 


Form  1713  Cowdery's  Form  Book.  630 

and  purchased  by  me  at  the  execution  sale  thereof;  and  said  judgment 
and  sale  are  no  longer  liens  on  said  property. 

[Signature.] 

[To  be  acknowledged.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  703;  Alaska,  Comp.  Laws,  1913, 
sec.  1121;  Arizona,  Eev.  Stats.,  par.  1375;  Idaho,  Rev.  Codes  1907,  sec.  4493; 
Montana,  Eev.  Codes  1907,  sec.  6839;  Utah,  Comp.  Laws  1907,  sec.  3263; 
Washington,  Eem.  Code,  sec.  597.  • 

No.  1713.    Complaint  by  Purchaser  at  Sheriff's  Sale. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  tenth  day  of  March,  1917,  one  A.  B.  was  the  owner 
in  fee  of  the  following  described  premises    [description  of  premises]. 

2.  That  the  said  premises  were  at  the  time  subject  to  the  lien  of  a 
judgment  recovered  by  one  C.  D.  against  E.  F.,  in  an  action  in  the 
superior  court  of  the  county  of  Fresno,  in  this  state,  which  judgment 
was  docketed  in  said  county  [or  state  the  county],  and  that  the  sheriff 
of  said  county,  by  virtue  of  an  execution  issued  thereon,  sold  the  same. 

3.  That  at  such  sale  the  plaintiff  became  a  purchaser,  and  the  sheriff 
executed  and  delivered  to  him  a  certificate  of  the  said  sale,  and  on  the 
twenty-sixth  day  of  March,  1917,  and  before  this  action,  executed  and 
delivered  to  plaintiff  a  deed  of  the  premises  pursuant  to  the  said  sale 
thereof,  and  the  plaintiff  paid  the  purchase  money  therefor. 

4.  That  intermediate  the  sale  and  delivery  of  the  deed,  the  defendant 

being  in  possession   [allege  act  of  waste  and  damage,  against  form  of 

the  statute]. 

Wherefore  [etc.]. 

[Signature.] 


EXECUTORS  AND  ADMINISTRATOES. 

1744.  Petition  for  appointment  of  special  adniinistrator. 

1745.  Order  appointing  special  administrator. 

1746.  Bond  of  special  administrator. 

1747.  Special  letters  of  administration. 

1748.  Petition  for  letters  of  administration. 

1749.  Petition  for  letters  of  administration — Another  form. 
17C0.  Eequest  for  appointment  of  administrator. 

1751.  Notice  of  application  for  letters  of  administration. 

1752.  Affidavit  of  posting  notice  of  application  for  letters  of  administra- 

tion. 

1753.  Opposition  to  appointment  of  administrator. 

1754.  Opposition  to  appointment  of  administrator — Another  form. 

1755.  Order  appointing  administrator. 

1756.  Order   appointing   as   administrator  guardian  of  person  entitled  to 

letters  of  administration. 

1757.  Bond  of  administrator. 

1758.  Letters  of  administration  with  oath  of  administrator. 

1759.  Letters  of  administration — Statutory  form — Nevada. 


631  Executors  and  Administrators, 

1760.  Letters  of  administration — Statutory   forin — North  Dakota. 

1761.  Letters    of    administration — Statutory    form — Oklahoma    and    South 

Dakota. 

1762.  Letters  of  administration — Statutory  form — Oregon. 

1763.  Letters  of  administration — Statutory  form — Utah. 
176i.     Letters  of  administration — Statutory  form — Washington. 

1765.  Letters  of  administration — Statutory  form — Wyoming. 

1766.  Objections  to  appointment  of  executor. 

1767.  Letters  testamentary. 

1768.  Letters  testamentary — Statutory  form — Nevada. 

1769.  Letters  testamentary — Statutory  form — Oregon. 

1770.  Letters  testamentary — Statutory  form — North  Dakota. 

1771.  Letters  testamentary — Statutory  form — Oklahoma  and  South  Dakota. 

1772.  Letters  testamentary — Statutory  form — Utah. 

1773.  Letters  testamentary — Statutory  form — Washington. 

1774.  Letters  testamentary — Statutory  form — Wyoming. 

1775.  Petition  for  letters  of  administration  with  the  will  annexed  on  re- 

nunciation by  executor. 

1776.  Petition  for  letters  of  administration  with  will  annexed  on  death  of 

executor. 

1777.  Order  appointing  administrator  with  the  will  annexed  when  execu- 

tor's right  to  appointment  is  forfeited. 

1778.  Letters  of  administration  with  the  will  annexed,  will  not  appointing 

executor. 

1779.  Letters  of  administration  with  the  will  annexed — Executor  dying  after 

qualifying. 

1780.  Letters  of  administration  with  will  annexed — Statutory  form — Cali- 

fornia. 

1781.  Letters  of  administration  with  the  will  annexed — Statutory  form — 

Nevada. 

1782.  Letters     to     testamentary     administrator — Statutory     form — North 

Dakota. 

1783.  Letters  of  administration  with  will  annexed — Statutory  form — Okla- 

homa and  South  Dakota. 

1784.  Letters  of  administration  with  will  annexed — Statutory  form — Utah. 

1785.  Letters    of    administration    with    will    annexed— Statutory    form — 

Washington. 

1786.  Letters  of  administration  with  the  will  annexed — Statutory  form — 

Wyoming. 

1787.  Bond  of  executor  with  more  than  two  sureties. 

1788.  Affidavit  that  executor's  bond  is  insufficient. 

1789.  Petition  for  order  requiring  administrator  to  give  new  bond. 

1790.  Petition  for  order  requiring  administrator  to  give  new  bond — An- 

other form. 

1791.  Petition  to  require  administrator  who  is  wasting  estate  to  give  fur- 

ther security. 

1792.  Citation  to  administrator  to  show  cause  why  he  should  not  give  fur- 

ther security. 

1793.  Order  for  administrator  to  give  further  security. 

1794.  Order  revoking  letters  for  failure  to  file  new  bond. 

1795.  Petition  of  surety  to  be  released  from  bond  of  administrator. 

1796.  Order  for  citation  on  petition  for  release  of  surety. 

1797.  Citation  to  administrator  on  release  of  surety. 

1798.  Order  releasing  surety. 

1799.  Order  that  executor  give  bond  where  will  requires  none. 

1800.  Order  adjudging  that  person  named  in  will  as  executor  has  forfeited 

his  right  to  letters. 

1801.  Executors  acting  one  for  the  other. 

1802.  Order  establishing  the  fact  that  one  of  two  executors  Is  absent  from 

the  state. 

1803.  Executor's  contract  to  pay  debt  of  estate. 


Cowdery's  Form  Book.  632 

1804.  Order  suspending  executor. 

1805.  Order  directing  notice  to  suspend  executor. 

1806.  Notice  cf  suspension  of  executor. 

1807.  Order  reinstating  suspended  administrator. 

1808.  Order  directing  executor  to  show  cause  why  his  letters  should  not 

he  revoked  for  failure  to  return  account  of  sale, 

1809.  Order  directing  notice  of  proceedings  for  removal  of  executor  to  he 

given  by  puhlication  and  mail. 

1810.  Order  removing  administrator  for  failure  to  give  notice  to  creditors. 

1811.  Af&davit  for  removal  of  executors  for  mismanagement. 

1812.  Complaint  hy  executor  for  citation  to  person  alleged  to  have  con- 

cealed or  embezzled  property. 

1813.  Order  removing  administrator  after  contest  of  his  account. 

1814.  Order  directing  executor  to  file  statement, 

1815.  Order  directing  administrator  to  show  cause  why  he  should  not  be 

removed   for   omitting  to   cause   after-discovered   property  to   be 
appraised. 

1816.  Order  suspending  the  powers  of  administrator  until  it  can  be  deter- 

mined if  he  has  wasted  estate. 

1817.  Petition  to  revoke  letters  of  administration  and  to  grant  them  to  a 

person  claiming  under  prior  right. 

1818.  Citation  to  administrator  to  show  cause  why  letters  should  not  be 

revoked. 

1819.  Order   revoking  letters  and  issuing  others  to  person  having  prior 

right. 

1820.  Petition  to  revoke  letters  testamentary  and  appoint  petitioner  where 

executor  has  removed  from  state. 

1821.  Petition  to  revoke  letters  testamentary  and  appoint  petitioner  where 

executor  is  nonresident  and  was  when  appointed. 

1822.  Order  accepting  resignation  of  testamentary  trustee. 

1823.  Order  appointing  trustee  under  will. 

1824.  Petition  and  complaint  asking  for  a  citation  to  show  cause  why  a 

bank  should  not  pay  a  deposit  to  administrator  of  depositor. 

1825.  Order  directing  citation  to  banker  et  al.  in  proceedings  to  recover 

unclaimed  deposits. 

1826.  Order  approving  of  administrator's  payment  of  debt  without  credi- 

tor's affidavit. 

1827.  Petition  for  order  directing  surviving  partner  to  render  account. 

1828.  Order  directing  surviving  partner  to  render  an  account. 

1829.  Order  for  the  payment  of  debts  of  insolvent  estate. 

1830.  Clause  in  order  for  payment  of  debts  that  claim  disputed  or  contin* 

gent  not  due  be  paid  into  court. 

1831.  Petition  for  an  order  directing  executor  to  invest  funds  of  an  estate. 

1832.  Order  directing  publication  notice  of  application  for  order  directing 

executor  to  invest  moneys  of  an  estate. 

1833.  Notice  of  hearing  of  petition  to  invest  funds. 

1834.  Order  directing  executor  to  invest  moneys  in  bonds. 

1835.  Order  confirming  sale  of  contract  to  purchase  land. 

1836.  Petition  for  an  order  directing  executor  to  convey  land  under  a  con- 

tract with  deceased. 

1837.  Order  appointing  time  for  hearing  petition  for  order  directing  con- 

veyance of  land. 

1838.  Objections  to  petition  for  order  directing  administrator  to  convey 

land. 

1839.  Order  dismissing  without  prejudice  petition  for  order  to  convey  land. 

1840.  Order  denying  petition  for  an  order  directing  administrator  to  con- 

vey land. 

1841.  Order  directing  execution  of  deed. 

1842.  Order  directing  administrator  to  execute  conveyance  and  surrender 

possession. 

1843.  Petition  for  continuation  of  administration. 


633  Executors  and  Administrators.  Form  1744 

1844.  Petition  for  authority  to  compromise  claim. 

1845.  Order  to  compromise  debt. 

1846.  Order  approving  an  administrator's  agreement  to  compound  with  a 

debtor. 

1847.  Decree  of  final  discharge. 

1848.  Complaint  by  administrator. 

1849.  Complaint  against  administrator  or  executor. 

1850.  Application  of  creditors  for  executor  to  recover  property. 

1851.  Order  directing  administrator  to  recover  property. 

1852.  Complaint  against  administrator  with  will  annexed. 

1853.  Order  that  application  for  letters  of  administration  and  contest  for 

letters  will  be  heard  together. 

1854.  Order  appointing  executor  in  place  of  executor  removed  because  of 

contempt  of  court. 

CROSS-REFEREGSrCES. 

See  Aocounts  of  Executors  and  Administrators;  Notice  to  Creditors;  Pro- 
bate Homestead;  Probate  Lease;  Probate  Mortgage;  Wills;  Wills,  Con- 
test of;  Wills,  Probate  of. 

Executors  and  Administrators — Special  Notice  of  Probate  Proceedings, 
No.  2790. 

Executor's  or  Administrator's  First  Account,  No.  15. 

No.  1744.    Petition  for  Appointment  of  Special  Administrator. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Judge  of  the  Superior  Court  of  the  State  of  Cali- 
fornia in  and  for  the  County  of  Sacramento: 

Your  petitioner  states  that  he  is  qualified  to  serve  as  administratoi- 
of  said  estate,  he  being  [the  husband,  or  wife,  or  brother  or  sister,  or 
one  of  the  others  enumerated  in  section  1365,  Code  of  Civil  Procedure]. 
That  a  petition  is  on  file  in  said  court  praying  for  letters  of  adminis- 
tration on  said  estate  on  behalf  of  this  petition. 

That  there  has  been  delay  in  the  granting  of  letters  of  administration 
upon  said  estate,  and  there  will  probably  be  a  longer  delay  before  let- 
ters are  granted,  and  it  is  necessary  that  someone  should  be  author- 
ized to  collect  and  preserve  the  property  of  said  estate. 

Wherefore  your  petitioner  prays  that  he  be  appointed  special  adminis- 
trator of  said  estate. 

NOTE. — The  following  statutes  cover,  generally,  the  subject  of  special 
administration:  Alaska,  Comp.  Laws  1913,  sec.  1612;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sec.  827;  California,  Code  Civ.  Proc,  sees.  1411-1417;  Colo- 
rado, Mill's  Ann.  Stats.  1912,  sec.  7908;  Idaho,  Rev.  Codes  1907,  sees.  5390- 
5396;  Kansas,  Gen.  Stats.  1915,  sees.  4499-4504;  Montana,  Rev.  Codes  1907, 
sees.  7470-7476;  Nebraska,  Rev.  Code  1913,  sees.  1341-1345;  Nevada,  Rev, 
Laws  1912,  sees.  5926-5931;  New  Mexico,  Stats.  Ann.  1915,  sec.  2228;  North 
Dakota,  Comp.  Laws  1913,  sees.  8667-8671;  Oklahoma,  Harris  &  Day's  Code 
1910,  sees.  6282-6288;  Oregon,  Lord's  Oregon  Laws,  sec.  1156;  South  Dakota, 
Comp.  Laws  1913,  sec.  5744;  Utah,  Comp.  Laws  1907,  sees.  3821-3S25;  Wash- 
ington, Rem.  Code,  sees.  1420-1426;  Wyoming,  Comp.  Stats.  1910,  sees.  5506- 
5512. 


Forms  1745-1747        Cowdery's  Form  Book.  634 

ITo.  1745.     Order  Appointing  Special  Administrator. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  A.  B.  be,  and  he  is  hereby,  appointed  special  ad- 
ministrator of  the  estate  of  C.  D.,  deceased,  to  collect  and  preserve  for 
the  executor,  or  administrator,  when  hereafter  appointed,  all  the  goods, 
chattels,  debts,  and  effects  of  the  decedent ;  all  his  incomes,  rents,  issues, 
and  profits,  claims,  and  demands,  to  take  the  charge  and  management 
of,  enter  upon  and  preserve  from  damage,  waste,  and  injury,  his  real 
estate;  and  for  such  and  all  necessary  purposes  to  commence  and  main- 
tain or  defend  suits  and  otlier  legal  proceedings  as  an  administrator 
might  or  could;  and  it  is  ordered  that  letters  be  issued  to  him  upon  his 
fding  a  bond,  to  be  approved  by  the  judge  of  this  court,  in  the  sum  of 
$10,000, 

Dated . 

,  Judge. 

No,  1746,    Bond  of  Special  Administrator. 

[Title  of  Court  and  Estate.] 

Know  all  men  by  these  presents:  That  we,  J.  W.  as  principal  and 
J.  D.  and  R.  R.  as  sureties,  are  held,  jointly  and  severally,  firmly  bo-nid 
to  the  state  of  California  in  the  sum  of  ten  thousand  dollars,  lav.ful 
money  of  the  United  States  of  America,  to  be  paid  to  the  said  state 
of  California,  for  which  payment,  well  and  truly  to  be  made,  we  bind 
ourselves,  our  and  each  of  our  heirs,  executors,  and  administrators, 
jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this  tenth  day  of  May,  1917. 

The  condition  of  the  above  obligation  is  such,  that  whereas,  J.  W. 
has  been  appointed  special  administrator  of  the  estate  of  H,  W.,  de- 
ceased: Now,  therefore,  if  the  said  J.  W.  shall  faithfully  execute  the 
duties  of  his  trust  according  to  the  law,  then  this  obligation  to  be  void, 
otherwise  to  remain  in  full  force  and  eifect. 

[Justification.] 

[Signature.] 

No.  1747.     Special  Letters  of  Administration. 
[Title  of  Court  and  Estate.] 

J.  W.  is  hereby  appointed  special  administrator  of  the  estate  of 
H.  W.,  deceased. 

Witness:  W.  A.  S.,  clerk  of  the  superior  court  in  and  for  the  city  and 
county  of  San  Francisco,  with  the  seal  of  the  said  court  affixed,  this 
ninth  day  of  May,  1917. 

State  of  California, 

County  of ,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  California;  and  that  I  will 


635  Executors  and  Administrators.  Form  1748 

faitlifully  discharge  the  duties  of  special  administrator  of  the  estate  of 
,  deceased,  according  to  law. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 


Deputy  County  Clerk  of  the  City  and  County  of  San  Francisco. 
By  order  of  the  court. 

No.  1748.    Petition  for  Letters  of  Administration. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  City  and  County  of  San 
Francisco,  State  of  California: 

The  petition  of  M.  J.,  of  said  city  and  county  respectfully  shows: 

That  T.  J.  died  on  or  about  the  seventeenth  day  of  May,  1917,  in  the 
city  and  county  of  San  Francisco,  state  of  California. 

That  said  deceased  at  the  time  of  his  death  was  a  resident  of  the 
said  city  and  county  of  San  Francisco,  state  of  California. 

That  said  deceased  left  estate  in  the  said  city  and  county  of  San 
Francisco,  state  of  California,  consisting  of  real  and  personal  property. 

That  the  value  and  character  of  said  property,  so  far  as  known  to 
your  applicant,  are  as  follows,  to  wit:  [Here  give  a  description,  condi- 
tion, and  value  of  the  property.] 

All  of  the  above  property  was  acquired  by  said  deceased  after  his 
marriage  to  your  petitioner,  and  is  therefore  common  property. 

That  the  estate  and  effects  for  or  in  respect  of  which  letters  of  ad- 
ministration are  hereby  applied  for  do  not  exceed  the  value  of  fourteen 
thousand  one  hundred  and  thirty-seven  dollars. 

That  the  next  of  kin  of  said  deceased,  and  whom  your  petitioner  is 
advised  and  believes,  and  therefore  alleges  to  be  the  heirs  at  law  of 
said  deceased,  are  your  petitioner,  aged  forty  years,  residing  at  said  city 
and  county  aforesaid,  and  J.  J.,  aged  twenty-three  years,  residing  at 
the  city  of  Sacramento ;  W.  J.,  aged  eighteen  years ;  C.  J.,  aged  sixteen 
years,  and  E.  J.,  aged  fourteen  years,  residing  with  your  petitioner  at 
said  city  and  county  of  San  Francisco,  the  children  of  said  deceased 
and  your  petitioner. 

That  due  search  and  inquiry  has  been  made  to  ascertain  if  said  de- 
ceased left  any  will  and  testament,  but  none  has  been  found,  and  ac- 
cording to  the  best  knowledge,  information  and  belief,  of  your  peti- 
tioner, said  deceased  died  intestate. 

That  your  petitioner  is  the  widow  of  said  deceased,  and  therefore,  as 
your  petitioner  is  advised  and  believes,  is  entitled  to  letters  of  adminis- 
tration of  said  state. 

Wherefore,  your  petitioner  prays  that  a  day  may  be  appointed  for 
hearing  this  application;  that  due  notice  thereof  be  given  by  the  clerk 
of  said  court  by  posting  notices  according  to  law,  and  that  upon  said 


Forms  1749, 1750        Cowdeey's  Foem  Book.  636 

hearing,  and  the  proofs  to  be  adduced,  letters  of  administration  of  said 
estate  may  be  issued  to  your  petitioner. 

Dated . 

[Signature.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  161S;  Arizona,  Kev.  Stats.  (Civ. 
Code  1913),  sec.  793;  California,  Code  Civ.  Proc,  sec.  1371  et  seq.;  Colorado, 
Mill's  Ann.  Stats.  1912,  sec.  7900  et  seq.;  Hawaii,  Rev,  Code  1915,  sec.  21S9; 
Idaho,  Rev.  Codes  1907,  sec.  5357;  Kansas,  Gen.  Stats.  1915,  sec.  4485;  Mon- 
tana, Rev.  Codes  1907,  sec.  7438;  Nebraska,  Rev.  Code  1913,  sec.  1355; 
Nevada,  Rev.  Laws  1912,  sec.  5899;  New  Mexico,  Stats.  Ann.  1915,  sec. 
2226;  North  Dakota,  Comp.  Laws  1913,  sec.  8659;  Oklahoma,  Harris  &  Day's 
Code  1910,  sees.  6250-6254;  Oregon,  Lord's  Oregon  Laws,  sec.  1157;  South 
Dakota,  Comp.  Laws  1913,  sec.  5711  et  seq.;  Utah,  Comp.  Laws  1907,  sec. 
3817;  Washington,  Rem.  Code,  sec.  1390;  Wyoming,  Comp.  Stats.  1910,  see. 
5513. 

In  California,  the  petition  must  be  in  writing,  signed  by  the  applicant 
or  his  counsel,  and  filed  with  the  clerk,  stating  the  jurisdictional  facts,  and, 
when  known  to  the  applicant,  he  must  state  the  names,  ages,  and  residence 
of  the  heirs,  and  the  value  and  character  of  the  property.  If  the  jurisdic- 
tional facts  existed,  but  are  not  fully  set  forth,  and  are  afterward  proved 
in  the  course  of  administration,  the  decree  or  order  of  administration  and 
subsequent  proceedings  are  not  void  on  account  of  such  want  of  jurisdic- 
tional averments. 

No.  1749.    Petition  for  Letters  of  Administration — Another  Form. 

[Title  of  Court  and  Estate.] 

The  petition  of ,  a  resident  of  the county  of ,  state  of 

,  respectfully  shows: 

That died  on  or  about  the day  of ,  19 — ,  at  the  county 

of ,  state  of ; 

That  said  deceased,  at  the  time  of death,  was  a  resident  of  the 

county  of ,  state  of 


That  said  deceased  left  estate  in  the  county  of  ,  state  of  , 

consisting  of  real  and  personal  property; 

That  said  personal  property  is  of  the  probable  value  of  $ ;  said 

real  estate  is  of  the  probable  value  of  $ ;  and  is  described  as  follows 

[here  insert  description]  ; 

That  the  heirs  at  law  of  said  deceased  are  [here  insert  the  names  and 
relationship]  ; 

That  due  search  and  inquiry  have  been  made  to  ascertain  if  said 
deceased  left  a  will  and  testament,  but  none  has  been  found; 

That  your  petitioner  is  a  of  said  deceased,  and  is  entitled  to 

letters  of  administration  of  said  estate; — 

Wherefore  your  petitioner  prays  that  letters  of  administration  of  said 
estate  be  issued  to  him. 

No.  1750.    Request  for  Appointment  of  Administrator. 
[Title  of  Court  and  Estate.] 

Whereas,  H.  S.  has  petitioned  said  court  to  be  appointed  adminis- 
trator of  the  estate  of  said  S.  W.,  deceased,  he  not  being  entitled  to 


637  Executors  and  Administrators.     Forms  1751,  1752 

receive  said  letters  unless  at  the  request  of  the  person  entitled  to  letters. 
Now  comes  M.  W.,  the  widow  of  said  S.  W.,  and  an  unmarried  person, 
and,  waiving  her  right  to  be  appointed  administratrix  of  said  estate  in 
favor  of  said  H,  S.,  prays  the  court  to  grant  the  petition  of  said  li.  S. 

[Signature.] 
State  of  Nevada, 
County  of  Storey, — ss. 

M.  W.,  being  duly  sworn,  says :  That  she  is  a  resident  of  the  state  of 
Nevada,  county  of  Storey.  That  slie  is  unmarried  and  the  Avidow  of 
S.  W.,  who  died  in  California,  January  3,  1916.  That  her  husband  was 
the  same  person  described  in  the  petition  of  H.  S.  praying  for  letters 
of  administration,  filed  in  the  superior  court  of  the  city  and  county  of 
San  Francisco  on  January  28,  1916. 

NOTE. — In  California,  administration  may  be  granted  to  persons  not 
otherwise  entitled  to  it,  at  the  written  request  of  the  person  entitled. 
[When  the  person  entitled  is  a  nonresident  of  the  state  aflBdavits  taken 
ex  parte  before  any  oflScer  authorized  by  the  laws  of  this  state  to  take 
acknowledgments  and  administer  oaths  out  of  this  state  may  be  received  as 
prima  facie  evidence  of  the  identity  of  the  party]:  California,  Code  Civ. 
Proc,  sec.  1379. 

No.  1751.    Notice  of  Application  for  Letters  of  Administration. 
[Title  of  Court  and  Estate.] 

Notice  is  hereby  given  that  M.  J.  has  filed  with  the  clerk  of  this 
court  a  petition,  praying  for  letters  of  administration  of  the  estate  of 
T.  J.,  deceased,  and  that  Monday,  the  15th  day  of  June,  1917,  at  eleven 
o'clock  A.  M.  of  said  day,  at  the  City  Hall,  in  the  city  and  county  of 
San  Francisco,  has  been  set  for  hearing  said  petition,  when  and  where 
any  person  interested  may  appear  and  show  cause  why  the  said  petition 
should  not  be  granted. 

Dated . 

[Signature.] 

NOTE. — In  California,  when  a  petition  for  letters  of  administration  is 
filed,  the  clerk  gives  notice  by  causing  notices  to  be  posted  in  at  least  three 
public  places  in  the  county,  one  of  which  must  be  at  the  place  where  the 
court  is  held,  containing  the  name  of  the  decedent,  the  name  of  the  appli- 
cant, and  the  time  at  which  the  application  will  be  heard.  Such  notice  must 
be  given  at  least  ten  days  before  the  hearing:  California,  Code  Civ.  Proc, 
sec.  1373. 

No.  1752.    Affidavit  of  Posting  Notice  of  Application  for  Letters  of 

Administration. 
[Title  of  Court  and  Estate.] 

,  first  being  sworn,  deposes  and  says  that  he  is  deputy  clerk  of 

the  aforesaid  county;  that  he  is  not  interested  in  said  estate,  nor  a 

party  thereto;  that  on  the  day  of  ,  19 — ,   he  posted   three 

notices,  of  which  the  annexed  is  a  copy,  at  three  public  places  in  said 


Forms  1753, 1754        Cowdery's  Form  Book.  638 

county  of ,  one  of  which  was  the  place  where  said  court  Is  held,  one 

at  the  in  in  said  county,  and  one  at  in  in  said 

county. 


Subscribed  and  sworn  to  before  me  this  day  of ,  19^. 

,  County  Clerk. 

No.  1753.    Opposition  to  Appointment  of  Administrator. 
[Title  of  Court  and  Estate.] 

Now  comes  S.  A.  J.,  a  son  of  said  deceased,  and  objecting  to  the 
appointment  of  M.  A.  J.  [mother  of  this  objector  and  widow  of  said 
deceased],  administratrix  of  this  estate;  for  reasons  why  she  should 
not  be  appointed  alleges:  That  said  M.  A.  J.  is  a  nonresident  of  this 
state  and  a  resident  of  the  state  of  Nevada; 

That  she  is  incompetent  to  perform  the  duties  of  administratrix  of 
said  estate  because  of  her  want  of  understanding  in  this;  She  can 
neither  read,  write,  nor  speak  the  English  language;  and  also  because 
she  has  no  knowledge  of  business,  and  has  not  sufficient  business 
capacity  to  manage  said  estate; 

Or,  she  was  on  the  tenth  day  of  May,  1917,  adjudged  by  the  superior 
court  of  Sierra  county,  California,  a  court  of  competent  jurisdiction. 
to  be  incompetent  to  transact  business,  and  said  adjudication  has  never 
been  modified  or  set  aside  and  is  now  in  force ;  and  she  is  now  incompe- 
tent as  in  said  decree  adjudged.  This  contestant  further  alleges  that 
he  is  entitled,  after  his  mother,  to  letters  of  administration  on  said 
estate. 

Wherefore  this  contestant  prays  that  the  application  of  said  M.  A.  J. 
be  denied  and  that  letters  be  issued  to  this  contestant. 

[Signature.] 

NOTE. — Any  person  interested  may  contest  the  application  for  letters  of 
administration  by  filing  opposition  on  the  ground  of  the  incompetency  of 
the  applicant,  and  may  assert  his  own  rights  to  the  administration  and  pray 
for  letters  for  himself:  California,  Code  Civ,  Proc,  sec.  1374;  Arizona,  Rev. 
Stats.  1913,  par.  796. 

No.  1754.    Opposition    to    Appointment    of    Administrator  —  Another 

Form. 
[Title  of  Court  and  Estate.] 

Now  comes ,  one  of  the  heirs  at  law  of ,  deceased,  and  hereby 

files  his  written   opposition  to  the  granting  of  the   i^ctition   of  , 

heretofore  filed  herein,  praying  that  letters  of  administration  be  granted 

to  him,  said  ,  upon  the  estate  of  ,  deceased,  and  alleges  as 

follows : 

That  said  petitioner, ,  is  under  the  age  of  majority ; 

That  said  petitioner,  ,  is  not  a  bona  fide  resident  of  this  state; 

That  said  petitioner,  ,  has  been  heretofore  convicted  of  an  in- 
famous crime,  to  wit,  forgery;  that  said  conviction  was  had  in  the  


639  Executors  and  Administrators.     Forms  1755, 175G 

court  of  the county  of ,  in  the  state  of  ,  on  the  day 

of ,  19—. 

That  said  petitioner,  ,  is  incompetent  to  perform  the  duties  of 

the  trust  of  administrator  of  said  estate  by  reason  of  his  drunkenness, 
improvidence,  want  of  understanding,  and  want  of  integrity; 

Wherefore  petitioner  prays  that  the  application  of  said  for  let- 
ters of  administration  be  denied,  and  that  this  court  will  make  such 
other  or  further  order  in  the  premises  as  may  be  proper. 

No.  1755.    Order  Appointing  Administrator. 
[Title  of  Court  and  Estate.] 

The  petition  of  H.  J.,  praying  for  letters  of  administration  of  the 
estate  of  T.  J.,  deceased,  coming  on  regularly  to  be  heard,  and  due  proof 
having  been  made  to  the  satisfaction  of  this  court  that  the  clerk  had 
given  notice  in  all  respects  according  to  law;  and  all  and  singular  the 
law  and  the  evidence  being  by  the  court  understood  and  fully  con- 
sidered: Whereupon,  it  is  by  the  court  here  adjudged  and  decreed  that 
said  T.  J.  died  on  the  seventeenth  day  of  May,  1917,  intestate,  in  the 
city  and  county  of  San  Francisco;  that  he  was  a  resident  of  said  city 
and  county  at  the  time  of  his  death,  and  that  he  left  estate  in  the  city 
and  county  of  San  Francisco,  and  within  the  jurisdiction  of  this  court. 

It  is  ordered  that  letters  of  administration  of  the  estate  of  the  said 
T.  J.,  deceased,  issue  to  the  said  petitioner,  H.  J.,  upon  his  taking  the 
oath,  and  filing  a  bond  according  to  law,  in  the  sum  of  $10,700. 

Dated .  t  ;i 

,  Judge. 

NOTE. — In  California,  on  the  hearing,  it  being  first  proved  that  notice 
has  been  given  of  the  application,  the  court  hears  the  proofs  and  then  orders 
letters  to  issue  to  the  party  entitled:   California,  Code  Civ.  Proe.,  sec.  1375. 

No.  1756.    Order  Appointing  as  Administrator  Guardian  of  Person  En- 
titled to  Letters  of  Administration. 
[Title  of  Court  and  Estate.] 
State  of  California, 
County  of  Butte, — ss 

It  appearing  that  A.  B.  is,  in  order  of  precedence,  entitled  to  letters 
of  administration  upon  the  estate  of  C.  D.,  deceased,  and  it  also  appear- 
ing that  A.  B.  is  a  minor,  and  that  E.  F.  is  his  duly  appointed,  qualified 
and  acting  guardian  of  the  person  and  estate  of  A.  B.,  the  said  E.  F. 
is  hereby  appointed  administrator  of  the  estate  of  C.  D.,  deceased. 

Dated  .  ^  j^^gg^ 

NOTE'. — In  such  case  letters  may  be  issued  in  the  discretion  of  the  court: 
California,  Code  Civ.  Proc,  sec.  1368. 

If  a  minor  is  named  executor  another  person  may  be  substituted  until  the 
majority  of  the  minor:   California,  Code  Civ.  Proc,  see.   1354. 

When  such  minor  reaches  his  majority  the  guardian's  letters  may  be  re- 
voked and  then  issued  to  the  former  ward:  CaUfornia,  Code  Civ.  Proc,  sec.  1383. 


Forms  1757, 1758        Cowdery's  Form  Book,  640 

No.  1757.    Bond  of  Administrator. 
[Title  of  Court  and  Estate.] 

Know  all  men  by  these  presents:  That  we,  H.  J.,  principal,  and  J.  S. 
and  J.  B.,  sureties,  are  held  and  .iointly  and  severally  firmly  bound  to 
the  state  of  California  in  the  sum  of  ten  thousand  seven  hundred  dol- 
lars, lav/ful  money  of  the  United  States  of  America,  to  be  paid  to  the 
said  state  of  California,  for  which  payment,  well  and  truly  to  be  made, 
we  bind  ourselves,  our  and  each  of  our  heirs,  executors  and  adminis- 
trators, jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this  sixteenth  day  of  June,  1917. 

The  condition  of  this  obligation  is  such,  that  whereas,  by  an  order 
of  the  superior  court  of  the  city  and  county  of  San  Francisco,  state 
aforesaid,  duly  made  and  entered  on  the  fifteenth  day  of  June,  1917, 
the  above-bounden  H.  J.,  in  the  matter  of  the  estate  of  T.  J.,  deceased, 
was  appointed  administrator  of  the  estate  of  [or,  executor  of  the  last 
will  and  testament  of]  said  T.  J.,  deceased,  and  letters  of  administra- 
tion were  directed  to  be  issued  to  him  upon  his  executing  a  bond  ac- 
cording to  law,  in  the  said  sum  of  ten  thousand  seven  hundred  dollars. 

Now,  therefore,  if  the  said  H.  J.,  as  such  administrator  [or  executor], 
shall  faithfully  execute  the  duties  of  the  trust  according  to  law,  then 
this  obligation  to  be  void;  otherwise  to  remain  in  full  force  and  effect. 

[Justification.] 

[Signatures.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  1609;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sees.  807-S30;  California,  Code  Civ.  Proc,  sec.  1387  et  seq.; 
Colorado,  Mill's  Ann.  Stats.  1912,  sec.  7923;  Hawaii,  Rev.  Code  1915,  sec. 
2499;  Idaho,  Rev.  Codes  1907,  sec.  5371;  Kansas,  Gen.  Stats.  1915,  sec.  4487 
et  seq.;  Montana,  Rev.  Codes  1907,  sec.  7452  et  seq.;  Nebraska,  Rev.  Code 
1913,  sec.  1340;  Nevada,  Rev.  Laws  1912>,  sec.  5911;  New  Moxioo,  Stats.  Ann. 
1915,  see.  2231;  North  Dakota,  Comp.  Laws  1913,  sees.  8685,  86S7;  Okla- 
homa, Harris  &  Day's  Code  1910,  sec.  G282;  Oregon,  Lord's  Oregon  Laws, 
sec.  1153;  South  Dakota,  Comp.  Laws  1913,  see.  5726;  Utah,  Comp.  Laws 
1907,  sec.  3827;  Washington,  Rem.  Code,  sec.  1395;  Wyoming,  Comp.  Stats. 
1910,  sees.  5527-5547. 

No.  1758.    Letters  of  Administration  With  Oath  of  Administrator. 
In  the  Superior  Court  of  the  State  of  California,  in  and  for  the  County 

of  . 

State  of  California, 

County  of ,  ss. 

Letters  of  Administration. 

is  hereby  appointed  administrator  of  the  estate  of ,  deceased. 

Witness,  ,  clerk  of  the  superior  court  of  the  county  of ,  with 

the  seal  of  said  court  affixed,  this day  of ,  19 — . 

By  order  of  the  court. 

,  Clerk, 

By  ,  Deputy  Clerk. 


641  Executors  and  Administrators.     Forms  1759, 1760 

State  of  California, 
County  of  ,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  California;  and  that  I  will 
faitlifully  discharge  the  duties  of  administrator  of  the  estate  of  Lewis 
Reed,  deceased,  according  to  law. 

Subscribed  and  sworn  to  before  me,  this  day  of ,  19 — . 

,  Deputy  County  Clerk. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1362. 

The  Arizona,  Idaho  and  Montana  Statutes  are  like  the  California,  except 
that  the  court  in  Montana  is  the  "district  court"  and  the  court  in  Arizona 
and  Idaho  is  the  "probate  court":  Arizona,  Rev.  Stats.  1913,  par.  836;  Idaho, 
Kev.  Codes  1907,  sec.  5341;  Montana,  Code  Civ.  Proc,  sec.  2422. 

No,  1759.    Letters  of  Administration — Statutory  Form — Nevada. 
[Title  of  Court  and  Cause.] 

This  is  to  certify  that,  by  order  of  the  above-named  court  made  and 

entered  on  the  day  of  ,  19 — ,  was  appointed  adminis- 

trat of  the  estate  of ,  deceased,  by  virtue  of  which  these  letters 

are  issued  this  day  of ,  19 — ,  — he  having  duly  qualified. 

Witness  my  official  signature,  with  the  seal  of  the  court  affixed. 

NOTE.— Nevada,  Rev.  Laws  1912,  sec.  5409. 

No.  1760.    Letters  of  Administration — Statutory  Form — North  Dakota. 
State  of  North  Dakota, 
County  of ,  ss. 

Whereas,  A.  B.  was  appointed  administrator  [or  special  adminis- 
trator] of  the  estate  of  C.  D.,  deceased,  by  order  of  the  county  court  of 
said  county  of  date ,  and  has  duly  qualified  accordingly : 

Now,  therefore,  know  ye,  that  he,  the  said  A.  B.,  is  authorized  to  enter 
upon  the  discharge  of  his  duties  as  such  administrator  [or  special  ad- 
ministrator] and  continue  therein  until  the  revocation  of  these  letters. 

Given  with  the  seal  of  said  court  hereto  affixed  the day  of , 

19—. 

[Seal]  [Official  signature  of  the  judge.] 

NOTE.— North  Dakota,  Comp.  Laws  1913,  sec.  8091. 
rorm  Book — iX 


Forms  1761-1764        Cowdery's  Form  Book.  642 

No.  1761.    Letters  of  Administration — Statutory  Form— Oklahoma  and 

Soutli  Dakota. 
State  of  Oklahoma, 

County  of  . 

C.   D.   is   hereby   appointed   administrator   of   the   estate   of   A.   B., 
deceased. 

Witness  G.  H.,  judge  of  the  probate  court  of  the  county  of  , 

with  the  seal  thereof  affixed,  the day  of  ,  19—. 

[Seal  and  official  signature  of  the  judge.] 

NOTE.— Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6244;  South  Dakota, 
Comp.  Laws  1913,  sec.  5702. 

No.  1762.    Letters  of  Administration— Statutory  Form— Oregon. 
Slate  of  Oregon, 

County  of ,  ss. 

To  All  Persons  to  Whom  These  Presents  Shall  Come,  Greeting: 

Know  ye,  that  it  appearing  to  the  court  aforesaid,  that has  died 

intestate,  leaving  at  the  time  of  his  death  property  in  this  state,  such 

court  has  duly  appointed administrator  of  the  estate  of  such ; 

this,  therefore,  authorizes  the  said  to  administer  the  estate  of  the 

said ,  deceased,  according  to  law.    In  testimony  whereof,  etc.  [the 

same  as  in  letters  testamentary]. 

NOTE. — Lord's  Oregon  Laws,  sec.  1175.    . 

No.  1763.    Letters  of  Administration — Statutory  Form — Utah. 

State  of  Utah, 
County  of  . 

C.   D.   is   hereby   appointed   administrator   of  the   estate   of   A.   B., 
deceased. 

Witness  G.  H.,  clerk  of  the  district  court,  in  and  for  the  county  of 
. ,  with  the  seal  thereof  affixed,  the day  of ,  — . 

By  order  of  the  court. 

[Seal]  ^'  S-»  Clerk. 

NOTE'.— Utah,  Comp.  Laws  1907,  sec.  3820. 

No.  1764.    Letters  of  Administration— Statutory  Form— Washington. 
State  of  Washington, 

County  of  . 

Whereas,  A.  B.,  late  of ,  on  or  about  the day  of ,  died 

intestate,  leaving  at  the  time  of  his  death  property  in  this  state  subject 
to  administration, now,  therefore,  know  all  men  by  these  presents, 


013  Executors  and  Administrators.    Forms  1765-1767 

thr.t  we  do  hereby  appoint  administrator  upon   said  estate,  and 

hereby  authorize  him  to  administer  the  same  according  to  law. 

Witness  my  hand  and  the  seal  of  said  court  this  day  of  , 

19—. 

NOTE.— Washington,  Eem.  Code,  sec.  1393. 

No.  1765.    Letters  of  Administration — Statutory  Porm — Wyoming. 
State  of  Wyoming, 
County  of . 

C.   D.   is  hereby  appointed   administrator  of  the   estate   of   A.   B., 
deceased. 

Witness  G.  H.,  clerk  of  the  district  court  within  and  for  the  county 
of ,  with  the  seal  thereto  aflSxed,  the day  of ,  19 — . 


[Signature.] 


NOTE.— Wyoming,  Comp.  Stats.  1910,  sec.  5526. 


No.  1766.    Objections  to  Appointment  of  Executor. 
[Title  of  Court  and  Estate.] 

Now  comes  A,  F.,  and  objecting  to  the  appointment  of  petitioner  C.  D. 
as  executor  of  the  last  will  of  E.  F.,  deceased,  represents  to  the  court 
that  the  said  C.  D.  is  not  competent  to  execute  the  duties  of  the  trust 
of  executor  of  said  will  by  reason  of  his  drunkenness  [or  by  reason  of 
his  improvidence,  or  want  of  understanding,  or  want  of  integrity]. 

Petitioner  further  states  that  he  is  a  brother  of  deceased  and  also  a 
creditor  of  his  estate.     That  the  drunkenness  of  said  C.  D.  is  habitual. 

Wherefore  petitioner  prays  that  the  petition  of  C.  D.  for  letters  be 
denied. 

NOTE. — ^For  any  of  the  reasons  given  in  the  text  of  this  form  and  in  the 
part  in  brackets  the  court  may  refuse  letters  to  an  applicant:  California, 
Code  Civ.  Proc,  sec.  1351.  The  practice  is  to  file  with  the  petition  an  appli- 
cation for  letters  with  the  will  annexed  for  the  objector  or  some  other 
person. 

No.  1767.    Letters  Testamentary. 
[Title  of  Court  and  Estate.] 

The  last  will  of  P.  C,  deceased,  a  copy  of  which  is  hereto  annexed, 
having  been  proved  and  recorded  in  the  superior  court  of  the  county 
of  Sacramento,  T.  M.,  who  is  named  therein,  is  hereby  appointed 
executor,  with  G.  B. 

Witness,  T.  H.  B.,  clerk  of  the  superior  court  of  the  county  of  Sacra- 
mento, with  the  seal  of  the  court  affixed,  the  fourth  day  of  May,  1917. 

[Signature.] 


Forms  1768-1770        Cowdery's  Form  Book,  644 

State  of  California, 

City  and  County  of  Sacramento, S3. 

I  do  solemnly  swear  that  I  will  perform,  according  to  law,  the  duties 
of  executor  of  the  last  will  and  testament  of  P.  C,  deceased. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1360. 

The  Arizona,  Idaho  and  Montana  Statutes  are  practically  the  same 
as  the  California,  except  that  in  Montana  the  court  is  the  district  court 
and  in  Arizona  and  Idaho  it  is  the  probate  court:  Arizona,  Rev.  Stats.  1913, 
par.  784 ;  Idaho,  Rev.  Codes  1907,  sec.  5348 ;  Montana,  Code  Civ.  Proc.,  sec.  2420. 

No.  1768.    Letters  Testamentary — Statutory  Form — Nevada, 
[Title  of  Court  and  Cause.] 

The  last  will  of ,  deceased,  having  been  duly  admitted  to  probate 

in  our  said  court, ,  who  is  named  therein,  was  by  our  said  court  on 

the day  of ,  19 — ,  duly  appointed  executor,  who  having  quali- 
fied as  such  (is)  hereby  authorized  to  act  by  virtue  thereof. 

In  testimony  whereof  I  have  officially  signed  these  letters  and  affixed 
hereto  the  seal  of  said  court,  this day  of ,  19 — . 

NOTE. — Nevada,  Rev.  Laws  1912,  sec.  5892. 

No.  1769.    Letters  Testamentary— Statutory  Form— Oregon. 
State  of  Oregon, 

County  of ,  ss. 

To  All  Persons  to  Whom  These  Presents  Shall  Come,  Greeting: 

Know  ye,  that  the  will  of ,  deceased,  a  copy  of  which  is  hereto 

annexed,  has  been  duly  proven  in  the  county  court,  for  the  county  afore- 
said, and  that  ,  who  is  named  executor  therein,  has  been  duly  ap- 
pointed such  executor  by  the  court  aforesaid;  this  therefore  authorizes 
the  said ,  to  administer  the  estate  of  the  said ,  deceased,  accord- 
ing to  law. 

In  testimony  whereof,  I,  ,  clerk  of  the  county  court,  have  here- 
unto subscribed  my  name  and  affixed  the  seal  of  said  court,  this  

day  of ,  19—. 

[Seal]  A.  B., 

Clerk  County  Court. 

NOTE. — Lord's  Oregon  Laws,   sec.   1174. 

No.  1770.    Letters  Testamentary— Statutory  Form- North  Dakota. 

State  of  North  Dakota, 

County  of ,  ss. 

Whereas  the  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto 
annexed,  has  been  duly  proved  and  recorded  in  the  county  court  of  said 
county,  and  C.  D.  has  been  appointed  executor  thereof  and  has  duly 
qualified  pursuant  to  the  order  of  said  court,  of  date : 


645  Executors  and  Administrators.    Forms  1771-1773 

Now,  therefore,  know  ye,  that  he,  the  said  C.  D.,  is  authorized  to  enter 
upon  the  discharge  of  his  duties  as  such  executor  and  continue  therein 
until  the  revocation  of  these  letters. 

Given  with  the  seal  of  said  court  hereunto  affixed  the  day  of 

,  19-. 

[Seal]  [Official  signature  of  the  judge.] 

NOTE.— North  Dakota,  Comp.  Laws  1913,  sec.  8689. 

No.  1771.    Letters  Testamentary — Statutory  Form — Oklahoma  and  South 
Dakota. 

State  of  Oklahoma, 
County  of . 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto  annexed, 
having  been  proved  and  recorded  in  the  probate  court  of  the  county  of 
,  C.  D.,  who  is  named  therein,  is  hereby  appointed  executor. 

Witness,  G.  H.,  judge  of  the  probate  court  of  the  county  of ,  with 

the  seal  of  the  court  affixed,  the  day  of  ,  19 — . 

[Seal  and  the  official  signature  of  the  judge.] 

NOTE.— Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6242;  South  Dakota, 
Comp.  Laws  1913,  sec.  57Q2. 

No.  1772.    Letters  Testamentary — Statutory  Form — Utah. 
State  of  Utah, 
County  of . 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto  annexed, 
having  been  proved  and  recorded  in  the  district  court  in  and  for  the 

county  of ,  C.  D.  who  is  named  therein  as  such,  is  hereby  appointed 

executor. 

Witness  G.  H.,  clerk  of  the  district  court  in  and  for  the  county  of . 

Dated  the day  of ,  19 — . 

By  order  of  the  court. 

[Seal]  G.  H.,  Clerk. 

NOTE.— Utah,   Rev   Stats.   1907,   sec.   3804. 

No.  1773.    Letters  Testamentary — Statutory  Form — Washington. 
State  of  Washington, 

County  of . 

In  the  Superior  Court  of  the  County  of . 


AVliereas,  the  last  will  of  A.  B.,  deceased,  was,  on  the day  of 


19 — ,  duly  exhibited,  proven  and  recorded  in  our  said  superior  court,  a 
cop,y  of  which  is  hereto  annexed ;  and  whereas,  it  appears  in  and  by  said 
Avill  that  C.  D.  is  appointed  executor  thereon,  now,  therefore,  know  all 


Forms  1774, 1775        Cowdery's  Form  Book.  646 

men  by  these  presents,  that  we  do  hereby  authorize  the  said  C.  D.  to 
execute  said  will  according  to  law. 

Witness  my  hand  and  the  seal  of  said  court  this  day  of  f 

19—. 

[Signature.] 
NOTE.— Washington,  Rem.  Code,  sec.  1387. 

No.  1774.    Letters  Testamentary — Statutory  Form — Wyoming. 
State  of  Wyoming, 
County  of . 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto  attached, 
having  been  proved  and  recorded  in  the  district  court  within  and  for 
the  county  of ,  C.  D.,  who  is  named  therein  as  such,  is  hereby  ap- 
pointed executor. 

Witness  G.  H.,  clerk  of  the  district  court  of  the  district  within 

and  for  the  county  of ,  with  the  seal  of  the  court  affixed,  the 

day  of ,  19 — . 

[Signed  by  the  clerk.] 

NOTE.— Wyoming,  Comp.  Stats.  1910,  sec.  5524. 

No.  1775.    Petition  for  Letters  of  Administration  With  the  Will  An- 
nexed on  Renunciation  by  Executor. 
[Title  of  Court  and  Estate.] 
To  the  Honorable  Superior  Court  Aforesaid; 

Tlie  petition  of ,  of  said  county  and  state,  respectfully  represents : 

First.     That died  on  or  about  the day  of ,  19 — ,  in 

county,  California;  and  tliat  at  the  time  of  his  death  he  was  a  resident 
of  said  county  and  left  tlierein  an  estate  of  real  and  personal  property. 

Second.  That  said  deceased  left  a  last  will  and  testament,  which  is 
herewith  presented  to  this  court  for  probate. 

Third.     That  your  petitioner  is  a  devisee  under  said  will  thereof;  and 

that ,  the  executor  named  in  said  will,  renounces  his  rights  to  letters 

testamentary. 

Fourth.     That  the  names,  ages  and  residences  of  the  devisees  and 

legatees  named  in  said  will  are  as  follows:  ,  his  widow,  aged  fifty 

years,  residing  in  ,  California;  ,  aged  years,  residing  in 

,  California;  ,  aged  sixty  years,  residing  in  ,  . 

Fifth.  That  the  names,  ages  and  residences  of  the  heirs  of  said  de- 
cedent are  as  follows : ,  Jiis  widow,  aged years,  residing  in , 

California ; ,  aged years,  residing  in ,  California ;  and , 

aged  years,  residing  in ,  California. 

Sixth.  That  the  probable  value  and  character  of  the  estate  of  said 
decedent  are  as  follows:  .  All  of  said  estate  is  community  prop- 
erty, with  the  exception  of ,  which  is  separate  property.     The  rents 

and  income  from  said  real  property  amount  to annually. 


647  Executors  and  Ad.ministrators.     Forms  1776, 1777 

Seventh.     That  the  total  value  of  said  estate  does  not  exceed  

tliousand  dollars. 

Wherefore,  your  petitioner  prays  that  said  will  be  admitted  to  pro- 
bate, and  that  letters  of  administration  with  the  will  annexed  be  issued 
to  your  petitioner;  that  for  such  purpose  a  time  for  proving  said  will 
be  appointed,  and  that  all  persons  interrsted  be  notified  and  directed  to 
appear  at  the  appointed  time;  and  that  all  other  necessary  and  proper 
orders  be  made  in  the  premises. 

Dated ,  19—. 

,  Petitioner. 

,  Attorney  for  Petitioner. 

No.  1776.    Petition  for  Letters  of  Administration  With  Will  Annexed  on 

Death  of  Executor. 
[Title  of  Court  and  Estate.] 

The  petition  of  ,  a  resident  of  the  county  of  Sonoma,  state  of 

California,  respectfully  shows: 

That died  on  or  about  the day  of ,  19 — ,  leaving    a  will 

in  which  your  petitioner  is  a  devisee. 

That  on  the  day  of  ,  19 — ,  said  will  was  duly  admitted  to 

probate  in  this  court,  and  letters  testamentary  were  duly  issued  to , 

the  executor  named  in  said  will. 

That  on  said said  William  Hudson  duly  qualified  as  executor  of 

said  T,-ill,  and  thereupon  entered  upon  the  duties  of  his  trust,  and  con- 
tinued in  tlie  discharge  thereof  until ,  19 — . 

That  on ,  19 — ,  said  William  Hudson  died,  leaving  the  administra- 
tion of  his  decedent  uncompleted;  and  that  it  is  now  necessary  that  an 
administrator  with  said  will  annexed  be  appointed. 

That  the  property  of  said  estate  thus  left  unadministered  consists  of 

personal  property  of  the  value  of dollars,  and  real  property  of  the 

vfilre   of  dollars,   the   rents   and   income  of  such   real   property 

amounting  to  dollars. 

Wherefore  your  petitioner  prays  that  letters  of  administration  with 
the  will  annexed  be  issued  to  him  upon  said  estate. 

,  Petitioner. 

,  Attorney  for  Petitioner. 

No.  1777.     Order  Appointing  Administrator  With  the  Will   Annexed 

When  Executor's  Right  to  Appointment  is  Forfeited. 
[Title  of  Court  and  Estate.] 

The  petition  of  A.  B.  in  the  above-entitled  matter  praying  for  the  ad- 
mission to  probate  of  a  paper  filed  in  this  court  purporting  to  be  the 
last  will  of  C.  D.,  deceased,  also  praying  that  he  may  be  appointed  ad- 
ministrator of  the  estate  of  said  deceased,  with  the  will  annexed,  upon 
tlie  ground  that  E.  F.,  the  person  named  in  said  will  as  the  executor 
thereof,  has  failed  to  petition  this  court  for  the  probate  of  said  will,  and 
that  letters  testamentary  be  issued  to  him,  for  thirty  days  after  lie  had 


Forms  1778, 1779         Cowdery's  Form  Book.  648 

knov/ledge  of  tlie  death  of  said  testator,  and  said  matter  having  been 
submitted : 

It  is  ordered  that  said  document  be  admitted  to  probate  as  the  last 
will  of  C.  D.,  deceased,  and  the  said  A.  B.  be,  and  he  is  hereby,  appointed 
administrator  of  said  estate  witli  the  will  annexed,  and  that  letters  issue 
to  him  npon  filing  a  bond  in  the  sum  of  $10,000  and  upon  his  taking  the 
oath  required  by  law. 

^^t^^ •  ,  Judge. 

NOTE. — The  statutory  conditions  upon  which  such  appointment  may  be 
made  are  recited  in  California  Code  of  Civil  Procedure,  sec.  1301. 

An  appointment  on  similar  facts  was  sustained  in  Estate  of  McDonald, 
118  Cal.  277,  50  Pac.  399. 

No.  1778.    Letters  of  Administration  With  the  Will  Annexed,  Will  not 

Appointing  Executor. 
[Title  of  Court  and  Estate.] 
State  of  California, 
County  of  Sacramento, — ss. 

The  last  will  of  A.  M.,  deceased,  a  copy  of  which  is  hereto  annexed, 
having  been  proved  and  recorded  in  the  superior  court  of  the  city  and 
county  of  Sacramento,  and  there  being  no  executor  named  in  the  will, 
residing  in  this  state,  W.  P.  is  hereby  appointed  administrator  with  the 
will  annexed. 

Witness :  T.  H.  B.,  clerk  of  the  superior  court,  county  of  Sacramento, 
with  the  seal  of  the  court  affixed,  the  seventeenth  day  of  April,  1917. 

By  order  of  the  court.  [Signature.] 

fsj^OTE. — There  being  no  executor  named  in  a  will,  the  court  will  appoint 
an  executor  with  the  will  annexed.  In  such  case  the  person  entitled  to 
administer  in  case  of  intestacy  is  entitled  to  such  letters:  California,  Code 
Civ.  Proc,  sees.  1350,  1353. 

No.  1779.    Letters  of  Administration  With  the  Will  Annexed— Execu- 
tor Dying  After  Qualifying. 
[Title  of  Court  and  Estate.] 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

The  last  will  of  F.  R.,  having  been  admitted  to  probate  in  the  above- 
entitled  court,  and  J.  C.  R.,  having  been  appointed  and  qualified  as 
executor  of  said  will,  and  the  said  executor  having  died,  before  said 
estate  is  closed,  C.  R.  is  hereby  appointed  administrator,  with  the  will 
annexed,  of  the  estate  of  said  F.  R.,  deceased.  [Signature.] 

NOTE. — On  the  death  of  the  sole  surviving  executor  of  a  last  will,  letters 
of  administration,  with  the  will  annexed,  of  the  estate  of  the  testator  left 
unadministered  must  be  issued:  California,  Code  Civ.  Proc,  sec.  1353. 

If  a  will  names  two  or  more  executors  to  serve  upon  the  inability,  declina- 
tion or  death  of  the  first  executor,  they  will  be  appointed  in  the  order  pro- 
vided in  the  will:   California,  Code  Civ.  Proc,  see.  1350. 


649  Executors  and  Administrators.     Forms  1780-1782 

No.  1780.    Letters    of  Adniinistration  With  Will  Annexed— Statutory 
Form — California. 

State  of  California, 

County  [or  City  and  County]  of  . 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto  annexed, 
having  been  proved  and  recorded  in  the  superior  court  of  the  county,  or 

city  and  county,  of ,  and  there  being  no  executor  named  in  the  vvill 

[or  as  the  case  may  be],  C.  D.  is  hereby  appointed  administrator  with 
the  will  annexed. 

Witness,  G.  H.,  clerk  of  the  superior  court  of  the  county,  or  city  and 

county  of ,  with  the  seal  of  the  court  affixed,  the day  of , 

19—. 

By  order  of  the  court. 

[Seal]  G-  H-,  Clerk. 

NOTE. — California,  Code  Civ.  Proc,  sec.  1361. 

The  Arizona,  Idaho  and  Montana  Statutes  are  practically  the  same  as  the 
California,  except  in  the  name  of  the  court,  which  is  "district  court"  in  Mon- 
tana and  "probate  court"  in  Arizona  and  Idaho:  Arizona,  Rev.  Stats.  1913, 
par.  785;  Idaho,  Rev.  Codes  1907,  sec.  5349;  Montana,  Code  Civ.  Proc,  see.  2421. 

No.  1781.    Letters  of  Administration  With  the  Will  Annexed— Statutory 
Form — Nevada. 

[Title  of  Court  and  Cause.] 

The  last  will  of ,  deceased,  having  been  duly  admitted  to  probate 

in  our  said  court  and  there  being  no  executor  named  in  said  will   [or 

as  the  case  may  be],  was  by  our  said  court,  on  the  day  of 

,  19 — ,  duly  appointed  as  administrator  with  the  will  annexed,  and 

who  having  duly  qualified  as  such,  is  hereby  authorized  to  act  by  virtue 
thereof. 

In  testimony  whereof  I  have  officially  signed  these  letters  and  affixed 
hereto  the  seal  of  said  court,  this  day  of ,  19 — . 

NOTE.— Nevada,  Rev.  Laws  1912,  sec.  5893. 

No.  1782.    Letters  to  Testamentary  Administrator — Statutory  Form — 
North  Dakota. 

State  of  North  Dakota, 

County  of  ,  ss. 

Whereas,  the  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto 
annexed,  has  been  duly  proved  and  recorded  in  the  county  court  of 
said  county,  and  C.  D.  has  been  duly  appointed  testamentary  adminis- 
trator to  execute  the  same,  and  has  duly  qualified  pursuant  to  the  order 
of  said  court  of  date  — -: 


Forms  1783, 1784         Cowdery's  Form  Book.  650 

Now,  therefore,  know  ye,  that  he,  the  said  C.  D.,  is  authorized  to 
enter  upon  the  discharge  of  his  duties  as  such  testamentary  adminis- 
trator and  continue  therein  until  the  revocation  of  these  letters. 

Given  with  the  seal  of  said  court  hereto  affixed  the day  of , 

19—. 

[Seal]  [Official  signature  of  the  judge.] 

NOTE.— North  Dakota,  Rev.  Code,  sea.  8054;  Comp.  Laws  1913,  sec.  8690. 

No.  1783.    Letters  of  Administration  With  Will  Annesed—Statutory 
Form — Oklahoma  and  South  Dakota. 

Territory  of  Oklahoma, 
County  of  . 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto  annexed, 
having  been  proved  and  recorded  in  the  probate  court  of  the  county 

of ,  and  there  being  no  executor  named  in  the  will  [or,  as  the  case 

may  be],  C.  D.  is  hereby  appointed  administrator,  with  the  will  an- 
nexed. 

Witness,  G.  H.,  judge  of  the  probate  court  of  the  county  of  , 

with  the  seal  of  the  court  affixed,  the day  of ,  19 — . 

[Seal  and  official  signature  of  the  judge.] 

NOTE.— Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6243;  South  Dakota, 
Comp.  Laws  1913,  sec.  5702. 

No.  1784.    Letters  of  Administration  With  the  Will  Annexed— Statutory 
Form — Utals. 

State  of  Utah, 
County  of . 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto  annexed, 
having  been  proved  and  recorded  in  the  district  court  in  and  for  the 

county  of  ,  and  there  being  no  executor  named  in  the  will   [or  as 

the  ease  may  be],  C.  D.  is  hereby  appointed  administrator  with  the  will 
annexed. 

Witness  G.  H.,  clerk  of  the  district  court  in  and  for  the  county  of 

Dated  the  day  of ,  19—. 

Bv  order  of  the  court. 

[Seal]  Q.  H.,  Clerk. 

NOTE.— Utah,  Comp.  Laws  1907,  sec.  3S05. 


651  Executors  and  Administrators.    Forms  1785-1787 

No.  1785.    Letters  of  Administration  Witli  tlie  Will  Annexed— Statu- 
tory Form — Washington. 
State  of  Washington, 
County  of  . 


In  the  Superior  Court  of  the  County  of . 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereunto  annexed, 
having  been  proved  and  recorded  in  the  said  superior  court,  [and  as  the 
case  may  be],  C.  D.  is  hereby  appointed  administrator  with  the  will 
annexed. 

Witness  my  hand  and  the  seal  of  said  court  this  day  of  . 

19—. 

NOTE.— Washington,    Rem.  Code,  sec.  1388. 

No.  1786.    Letters  of  Administration  With  the  Will  Annexed— Statutory 

Form — Wyoming. 
State  of  Wyoming, 
County  of  ,  ss. 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto  annexed, 
having  been  proved  and  recorded  in  the  district  court  of  the  county  of 

,  and  there  being  no  executor  named  in  the  will   [or  as  the  case 

may  be],  C.  D.  is  hereby  appointed  administrator  with  the  will  annexed. 

Witness  G.  H.,  clerk  of  the  district  court  within  and  for  the  county 
of ,  witli  the  seal  of  the  court  affixed,  the day  of -. 

NOTE.— Wyoming,  Rev.  Stats,  sec.  4658;  Comp.  Stats.  1910,  see.  5496. 

No.  1787.    Bond  of  Executor  With  More  Than  Two  Sureties. 

[Title  of  Court  and  Cause.] 

Know  all  men  by  these  presents:  That  I,  T.  M.,  as  principal,  am 
held  and  firmly  bound  unto  the  state  of  California  in  the  sum  of  eighty- 
four  thousand  dollars,  lawful  money  of  the  United  States  of  Ameri>-a, 
to  be  paid  to  the  said  state  of  California,  for  which  payment,  well  and 
truly  to  be  made,  I  bind  myself,  my  and  each  of  my  heirs,  executors, 
and  administrators,  firmly  by  these  presents. 

And  we,  J.  S.,  R.  A.  S.,  and  T.  D.,  as  sureties,  are  severally  held  and 
firmly  bound,  and  jointly  with  said  T.  M.,  are  held  and  firmly  bound 
unto  the  said  state  of  California  in  the  following  sums,  respectively,  to 
wit;  I,  the  said  J.  S.,  in  the  sum  of  twenty  thousand  dollars;  I,  the  said 
R.  A.  S.,  in  the  sum  of  fifty  thousand  dollars,  and  I,  the  said  T.  D., 
in  the  sum  of  fourteen  thousand  dollars,  lawful  money  of  the  United 
States  of  America,  to  be  paid  to  the  said  state  of  California,  for  the 
payment  of  which  sums,  well  and  truly  to  be  made,  we,  and  each  of 
us,  respectively,  bind  ourselves,  our  and  each  of  our  heirs,  executors, 
and  administrators,  jointly  and  severally  as  aforesaid  firmly  by  these 
presents. 

Sealed  with  our  seals,  and  dated  this  third  day  of  May,  1917. 


Form  1788  Cowdery^s  Form  Book.  652 

The  condition  of  the  above  obligation  is  such,  that  whereas,  by  an 
order  of  the  superior  court  of  the  county  of  Sacramento,  state  afore- 
said, duly  made  and  entered  on  the  second  day  of  May,  1917,  the  above- 
bounden  T.  M.  and  one  G.  B.  were  appointed  executors  of  the  last  will 
and  testament  of  P.  C,  deceased,  and  letters  testamentary  were  directed 
to  be  issued  to  them  upon  executing  a  bond,  according  to  law,  in  said 
sum  of  eighty-four  thousand  dollars,  being  security  as  well  for  the 
personal  property  of  the  estate  of  said  deceased  as  for  the  annual  rents, 
issues  and  profits  of  the  real  estate  of  said  deceased  in  his  charge  as 
executor. 

Now,  therefore,  if  the  said  T.  M.,  as  such  executor,  shall  faithfully 
execute  the  duties  of  the  trust,  according  to  law,  then  this  obligation  to 
be  void,  otherwise  to  remain  in  full  force  and  effect. 

[Justification.]  [Signature] 

NOTE. — In  California,  every  person  to  whom  letters  testamentary  or  of 
administration  are  directed  to  issue  must,  before  receiving  them,  execute  a 
bond  to  the  state  of  California,  with  two  or  more  sufficient  sureties,  to  be 
approved  by  the  superior  court,  or  a  judge  thereof.  In  form  the  bond  must 
be  joint  and  several,  and  the  penalty  must  not  be  less  than  twice  the  value 
of  the  personal  property,  and  twice  the  probable  value  of  the  annual  rents, 
profits  and  issues  of  real  property  belonging  to  the  estate,  which  values  must 
be  ascertained  by  the  superior  court,  or  a  judge  thereof,  by  examining,  on 
oath,  the  party  applying,  and  any  other  persons  [that  is  to  say,  if  there  is 
doubt  as  to  the  qualification  of  the  surety,  evidence  may  be  taken  to  ascer- 
tain the  facts] :  California,  Code  Civ.  Proc,  see.  1388. 

No.  1788.    Affidavit  That  Executor's  Bond  is  Insufficient 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  Yuba, — ss. 

A.  B.,  being  sworn,  says:  That  he  is  a  creditor  of  the  above-entitled 
estate.  That  his  claim  has  been  presented  to  the  administrator  of  said 
estate;  has  been  approved  by  him,  and  also  by  the  judge  of  said  court, 
and  is  on  file  as  an  approved  claim,  and  no  part  of  it  has  been  paid. 
That  affiant  has  been  inforaied  that  C.  F.,  one  of  the  sureties  on  the 
bond  of  said  administrator,  is  insolvent,  and  upon  said  information  he 
made  diligent  investigations  and  he  believes  that  said  C.  F.  is  insolvent. 

Subscribed  and  sworn  to  [etc.]. 

[Signature.] 

NOTE'. — The  above  affidavit  need  not  be  in  a  positive  form  or  in  any  form 
approachino-  positiveness;  because  a  judge  may  "of  his  own  motion"  issue 
a  citation  for  the  administrator  to  appear  and  answer.  It  is  intended  that 
the  information  under  which  the  judge  moves  must  come  from  an  interested 
person  or  of  his  own  motion  founded  upon  his  own  observation  or  hearsay. 
If  the  facts  are  as  he  is  led  to  believe,  he  must  order  further  security.  The 
foregoing  remarks  apply  to  all  bonds  filed  in  probate  cases:  California,  Code 
Civ.  Proc,  sec.  1394. 


G53  Executors  and  Administrators.     Forms  1789, 1790 

No.  1789.    Petition  for   Order   Requiring  Administrator  to   Give  New 

Bond. 
[Title  of  Court  and  Estate.] 
To  the  Honorable,  the  Superior  Court  in  and  for  the  coiinty  of  Nevada: 

The  petition  of  J.  S.  shows  that  he  is  a  son  of  W.  S.,  said  deceased. 
That  since  the  administrator  of  said  estate  filed  his  bond  given  on  quali- 
fying, H.  W.  has  become,  and  is  now,  insolvent.  [Or  said  H.  W.  has 
removed  from  the  state  of  California  and  now  resides  in  the  state  of 
Nevada.]  [Or,  said  H.  W.  lias  sent  his  wife  and  family  out  of  the 
state  of  California;  has  sold  all  of  his  property  in  California  and  is 
about  to  leave  said  state  without  intention  of  returning.] 

Wherefore  petitioner  prays  that  said  administrator  may  be  ordered 
to  give  further  security  in  the  form  of  a  new  bond. 

[Verified.] 

[Signature.] 

NOTE. — In  California,  a  person  interested  in  an  estate  may,  by  verified 
petition,  represent  to  the  superior  court,  or  a  judge  thereof,  that  the  sure- 
ties of  an  executor  or  administrator  thereof  have  become,  or  are  becoming, 
insolvent,  or  that  they  have  removed,  or  are  about  to  remove,  from  the  state, 
or  that  from  any  other  cause  the  bond  is  insufficient,  and  ask  that  further 
security  be  required:  California,  Code  Civ.  Proc,  sec.  1397. 

A  citation  must  issue,  etc.  and  be  served  personally  unless  he  has  ab- 
sconded: California,  Code  Civ.  Proc,  sec.  1398. 

If  he  neglects  to  give  further  security  when  ordered,  his  letters  may  be 
revoked:  California,  Code  Civ.  Proc,  sees.  1400,  1405. 

Or  he  may  be  suspended:  California,  Code  Civ.  Proc,  see.  1401. 

No.  1790.    Petition  for  Order  Requiring  Administrator  to  Give  New 

Bond — Another  Form. 
[Title  of  Court  and  Estate.] 
To  the  Honorable  Superior  Court  Aforesaid : 

The  petition  of  respectfully  represents  that  he  is  a  creditor  of 

the  estate  of ,  deceased,  and  is  interested  in  said  estate. 

That  ,  and  ,  who  are  sureties  on  the  bond  of  ,  the  ad- 
ministrator of  said  estate,  have  sold  all  their  property  in  California 
and  are  about  to  remove  from  the  state;  and  therefore  that  said  bond 
is  insufficient  security  for  the  faithful  performance  of  the  duties  of  his 
trust  by  said  administrator. 

Wherefore  your  petitioner  prays  that  a  citation  be  directed  to  said 
administrator,  requiring  him  to  show  cause,  if  any  he  can,  why  he 
should  not  give  further  security ;  and  that  his  powers  be  suspended  until 
the  matters  herein  alleged  can  be  heard  and  determined. 

,  Petitioner. 

,  Attorney  for  Petitioner, 


Forms  1791, 1792         Cowdeby^s  Form  Book.  654 

No.  1791.    Petition  to  Require  Administrator  Wlio  is  Wasting  Estate 

to  Give  Further  Security. 
[Title   of  Court   and  Estate.] 

The  petition  of  A.  B.  represents  to  the  court  that  C.  D.,  the  adminis- 
trator of  the  estate  of  the  said  E.  F.,  deceased,  is  wasting  the  property 
of  the  said  estate  and  the  said  waste  consists  in  his  doing  and  causing 
to  be  done  the  following  things  in  his  name  as  said  administrator — 
that  is  to  say: 

First.  The  inventory  and  appraisement  describes  a  promissory  note 
by  G.  H.  in  favor  of  said  deceased  for  $10,000,  and  interest,  which  note 
is  valued  at  nothing. 

Second.  The  said  inventory  describes  a  promissory  note  and  mort- 
gage in  favor  of  said  deceased  executed  by  J.  J.  for  $3,500.  It  is  valued 
in  said  inventory  at  nothing  because  it  is  a  third  mortgage,  and  the 
property  mortgaged  is  not  of  sufficient  value  to  satisfy  the  first  mort- 
gage, and  the  administrator  has  commenced  an  action  to  obtain  judg- 
ment in  said  promissory  note  and  another  to  foreclose  said  mortgage, 
and  he  has  employed  his  son  as  his  attorney  to  prosecute  said  actions; 
and  has  paid  another  son,  who  is  a  searcher  of  records,  $300  of  money 
belonging  to  said  estate  to  make  a  long  and  useless  abstract  of  the 
property  described  in  said  mortgage,  and  has  employed  a  son-in-law, 
on  behalf  of  said  estate,  to  survey  the  land  described  in  the  mortgage, 
all  of  which  expenditure  is  not  now,  nor  never  will  be,  of  any  value  to 
said  estate.  That  the  bond  of  said  administrator  is  insufficient  security 
for  his  wrongful  acts  as  aforesaid. 

Wherefore  petitioner  prays  that  the  said  administrator  be  required 
to  give  further  security  and  that  his  powers  be  suspended  until  the 
matters  herein  alleged  can  be  heard  and  determined. 

Dated  . 

[Signature.] 

NOTE. — When  an  executor  or  administrator  is  wasting  the  property  of 
the  estate  and  the  court  is  petitioned  to  order  him  to  give  further  security, 
or  if  an  executor  is  not  required  by  will  to  give  bond,  if  a  petition  "under 
oath"  is  presented  alleging  such  waste  the  court  may  suspend  the  officer 
until  the  matter  can  be  heard  and  determined:  California,  Code  Civ.  Proc, 
sec.  1401. 

In  all  such  matters  the  judge  may  order  the  matter  investigated  upon  his 
own  motion:  California,  Code  Civ.  Proc,  sec.  1402. 

No.  1792.    Citation  to  Administrator  to  Show  Cause  Why  he  Should 

not  Give  Further  Security. 
[Title  of  Court  and  Estate.] 

To  ,  Administrator  of  the  Estate  of  ,  Deceased: 

You  are  hereby  cited  to  appear  on  the  day  of  ,  19 — ,  at 

10  o'clock  A.  M.,  before  the  above-named  court  at  the  courthouse  in 
said  county,  and  show  cause  why  you  should  not  be  required  to  give 
farther  security,  inasmuch  as  it  has  been  alleged   [or  has  come  to  the 


655  Executors  and  Administrators.     Forms  1793-1795 

knowledge  of  the  court]  that  the  sureties  on  your  bond  as  administra- 
tor of  said  estate  have  disposed  of  their  property  and  are  about  to 
remove  from  the  state. 

[Seal]  »   Clerk. 

No.  1793.    Order  for  Administrator  to  Give  Further  Security. 

[Title  of  Court  and  Estate.] 

In  this  matter  it  is  ordered  that  the  prayer  of  the  petition  of  H.  S. 
be  granted  to  the  extent  that  S.  B.,  the  administrator  of  the  estate  of 
H.  S.  W.,  deceased,  within  ten  days  from  the  date  of  this  order,  file  a 
new  bond  as  administrator  of  said  estate  in  the  sum  of  ten  thousand 
dollars.  Said  bond  to  be  submitted  to  me  for  approval  on  or  before 
ten  days  from  date. 

NOTE. — In  California,  if  it  appears  that  the  security  is,  from  any  cause, 
insufficient,  the  court  may  make  an  order  requiring  the  executor  or  adminis- 
trator to  give  further  security,  or  to  file  a  new  bond  in  the  usual  form  within 
a  reasonable  time,  not  less  than  five  days:  California,  Code  Civ.  Proc,  sec. 
1399. 

No.  1794.     Order  Revoking  Letters  for  Failure  to  File  New  Bond. 

[Title  of  Court  and  Estate.] 

S.  B.,  the  administrator  of  the  estate  of  H.  S.  W.,  deceased,  having 
neglected  to  file  a  new  bond  within  the  time  ordered  by  this  court,  it 
is  hereby  ordered  that  the  letters  of  administration  in  said  estate  here- 
tofore granted  to  the  said  S.  B.,  be,  and  the  same  are  hereby,  revoked. 

NOTE.— California,  Code  Civ.  ProC,  sees.  1400,  1405.  For  misconduct, 
see  Code  Civ.  Proc,  sees.  1627,  1630.  Failure  to  obey  citation,  Code  Civ. 
Proc,  sees.  1384,  1385.  For  not  obeying  citation,  Code  Civ.  Proc,  sec.  1437. 
For  contempt,  Code  Civ.  Proc,  sec  1721.  For  failure  to  return  inventory, 
Code  Civ.  Proc,  sec.  1450.  For  not  giving  notice  to  creditors.  Code  Civ. 
Proc,  sec.  1511.  For  not  returning  sale.  Code  Civ.  Proc,  sec.  1575.  For 
failure  to  account,  Code  Civ  Proc,  sec.  1630.  When  account  shows  neglect 
he  may  be  removed,  Code  Civ.  Proc,  sec.  1620. 

No.  1795.    Petition  of  Surety  to  be  Released  from  Bond  of  Adminis- 
trator. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  for  the  County  of  Contra  Costa, 
California: 
The  petition  of  A.  B.  respectfully  states  that  he  is  a  surety  on  the 
bond  of  C.  D.,  the  administrator  of  the  estate  of  E.  F.,  deceased,  and 
that  he  desires  to  be  released  from  responsibility  on  account  of  the 
future  act  of  said  administrator.  Wherefore  he  petitions  the  court  to 
issue  a  citation  to  said  administrator  to  appear  before  said  court,  and  to 

give  other  security. 

[Signature.] 

NOTE'.— California,  Code  Civ.  Proc,  sec.  1403.  When  the  other  security 
is  given  the  court  must  make  an  order  that  the  surety  that  applied  for  relief 


Forms  1796-1799         Cowdery's  Form  Book.  656 

shall  not  be  liable  for  any  subsequent  act,  default  or  misconduct  of  the 
executor  or  administrator:  Code  Civ.  Proc,  sec.  1404.  The  judge  of  the 
court  must  issue  the  citation  upon  application:  Code  Civ.  Proc,  sec.  1403; 
but  if  he  refuses  to  approve  of  the  "other  security"  then  there  does  not 
appear  to  be  any  relief  for  the  petitioner,  because  the  other  security  must 
be  satisfactory. 

No.  1796.    Order  for  Citation  on  Petition  for  Release  of  Surety. 

[Title  of  Court  and  Estate.] 

,  one  of  the  sureties  on  the  bond  of  ,  administrator  of  the 

estate  of  ,  deceased,  having  filed  herein  a  petition  to  be  released 

from  responsibility  on  account  of  the  future  acts  of  said  administrator : 

It  is  ordered  that  a  citation  issue  to  said  administrator,  directing  him 

to  appear  befoie  this  court  on  the day  of ,  19—,  at  10  o'clock 

in  the  forenoon  of  that  day,  to  give  other  security. 

Dated  ,  19—. 

,  Judge  of  Superior  Court. 

No.  1797.    Citation  to  Administrator  on  Release  of  Surety. 

[Title  of  Court  and  Estate.] 

To  ,  Administrator  of  the  Above-named  Estate: 

You  are  hereby  cited  to  appear  on  the  second  day  of  June,  1908,  at 
10  o'clock  A.  M.,  of  that  day,  before  the  above-named  court,  to  show 

cause,  if  any  you  have,  why  ,  one  of  the  sureties  on  your  bond, 

should  not  be  released  from  further  liability  on  said  bond,  in  accordance 
with  the  prayer  of  his  petition  herein  filed  on ,  19—. 

[Seal]  i  County  Clerk. 

No.  1798.    Order  Releasing  Surety. 

[Title  of  Court  and  Estate.] 

,  administrator  of  the  estate  of ,  deceased,  having  given  new 

sureties  to  tlie  satisfaction  of  this  court  on  the  application  of  , 

one  of  his  former  sureties,  to  be  released,  the  said  ,  is  hereby  re- 
leased from  liability  on  his  bond  for  any  subsequent  act  or  default  of 
said  administrator. 

Dated    ,  19—. 

,  Judge  of  the  Superior  Court. 

No.  1799.  Order  That  Executor  Give  Bond  Where  WiU  Requires  None. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  it  is  necessary  for  the  security  of  those 
interested  fti  this  estate  that  A.  B.,  the  executor  of  the  will  of  C.  D., 
deceased,  give  a  bond  for  the  faithful  performance  of  his  duties  as  ex- 
ecutor, it  is  hereby  ordered  that  A.  B.,  executor  of  the  will  of  C.  D., 
deceased,  file  in  the  matter  of  said  estate,  a  bond  to  be  approved  by  the 
judge  of  this  court  in  the  sum  of  $70,000,  in  form  and  maiiiior  as  is 


657  Executors  and  Administrators.    Forms  1800-1802 

by  law  required;  and  that  such  bond  be  presented  for  approval  within 
ten  days  from  the  date  of  this  order. 

Dated  . 

,  Judge. 

NOTE. — Such  an  order  may  be  made  upon  a  judge's  "own  motion"  and 
applied  to  all  bonds  that  may  be  given  in  probate  matters.  The  above  order 
is  drawn  under  section  1396  of  the  Code  of  Civil  Procedure,  and  refers  to 
an  executor  who  has  been  relieved  by  a  will  from  the  obligation  of  giving 
a  bond:  California,  Code  Civ.  Proc,  sees.  1394-1402. 

No.  1800.    Order  Adjudging  That  Person  Named  in  Will  as  Executor 

has  Forfeited  His  Right  to  Letters. 
[Title  of  Court  and  Estate.] 

J.  S.,  the  person  named  by  H.  S.  in  his  last  will  as  executor  thereof, 
having  delayed  more  than  thirty  days  after  the  death  o'f  said  H.  S., 
and  without  good  cause  for  more  than  thirty  days  after  he  had  knowl- 
edge of  the  death  of  said  H.  S.,  having  neglected  to  petition  the  court 
liaving  jurisdiction  of  said  estate  for  letters  testamentary  in  said  estate, 
the  said  J.  S.  has  renounced  his  right  to  said  letters. 

,  Judge. 

NOTE. — In  California,  if  a  person  knows  that  he  is  named  in  a  will  as 
executor,  and  has  knowledge  of  the  death  of  the  testator,  and  fails  to  peti- 
tion for  the  probate  of  the  will  for  thirty  days  after  he  has  knowledge  of 
said  death,  the  court  may  appoint  some  other  person  executor  unless  good 
cause  for  delay  is  shown:   California,  Code  Civ.  Proc.,  sec.  1301. 

No.  1801.    Executors  Acting  One  for  the  Other. 
[Title  of  Court  and  Estate.] 

Whereas,  I  am  one  of  the  two  executors  of  the  last  will  and  estate 
of  H.  B.,  deceased.  Now,  I  hereby  give  my  coexecutor,  S.  S.,  authority 
to  act  for  me  in  all  matters  pertaining  to  said  estate  the  same  as  if  I 
took  part  personally. 

NOTE. — Where  there  are  two  executors  or  administrators  the  act  of  one  is 
effectual  if  the  other  is  absent  from  the  state,  or  laboring  under  any  legal 
disability  from  serving  [serving  a  term  in  a  state's  prison  would  be  a  dis- 
ability]. Or  if  he  has  given  his  coexecutor  or  administrator  authority,  in 
writing,  to  act  for  both.  Where  there  are  more  than  two  the  majority 
govern:   California,   Code   Civ.   Proc,   sec.    1355. 

It  is  a  safe  practice  to  present  such  written  power  to  the  court  in  which 
the  matter  is  pending.  In  such  case  it  will  be  filed,  and  become  a  permanent 
record. 

No.  1802.     Order  Establishing  the  Fact  that  One  of  Two  Executors  is 

Absent  from  the  State. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  A.  B.,  one  of  the  two  executors  of  the 
last  will  of  C.  D.,  deceased,  was  absent  from  the  state  of  California 
all  the  time  between  July  3,  1916,  and  August  6,  1917,  and  it  appearing 

Form  Book — 42 


Forms  1803, 1804         Cowdery's  Form  Book.  658 

to  tlie  court  that  during  said  period  E.  F.,  the  other  executor  of  said 
last  will  did,  between  said  dates,  manage  said  estate  and  performed  all 
the  acts  of  administrating  said  estate  as  if  he  was  the  only  qualified 
executor,  now,  it  is  hereby  adjudged  that  all  the  said  acts  of  the  said 
E.  F.  have  now,  and  shall  hereafter  have,  the  same  legal  effect  as  if 
the  said  A.  B.  was  present  during  said  time  and  joined  with  his  coex- 
ecutor  in  all  said  acts. 

[Signature.] 

NOTE. — The  reason  for  this  order  is  the  necessity  of  having  a  record  show- 
ing that  E.  F.  had  authority  to  act  in  the  absence  of  his  eoexecutor:  Cali- 
fornia, Code  Civ.  Proc,  sec.  1355.  A  similar  order  would  be  proper  in  case 
a   eoexecutor  labors  under  disability. 

No.  1803.    Executor's  Contract  to  Pay  Debt  of  Estate. 

[Title  of  Court  and  Estate.] 

Whereas  A.  B.,  a  creditor  of  the  estate  of  C.  D.,  deceased,  has  prom- 
ised the  undersigned,  executor  of  the  last  will  of  said  C.  D.,  deceased, 
tliat  he  will  bring  an  action  to  foreclose  a  mortgage  he  holds  against 
the  estate  of  deceased  upon  the  following  described  land  [description], 
and  in  consideration  of  said  promise,  the  undersigned  promises  that 
he  will  pay  the  amount  due  upon  said  mortgage  within  two  years  from 
the  date  hereof  out  of  his  own  estate. 

Dated . 

[Signatures.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1612. 

No.  1804.    Order  Suspending  Executor. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  from  credible  information  that  A.  B.,  the 
executor  of  the  will  of  said  deceased,  has  mismanaged  the  property  of 
the  said  estate  committed  to  his  charge,  it  is  hereby  ordered  that  the 
powers  of  the  said  A.  B.,  as  executor,  be,  and  tliey  are  hereby,  sus- 
pended until  the  matter  is  investigated.  This  order  is  to  take  effect  this 
3d  day  of  June,  A.  D.  1917,  at  12  o'clock  M. 

Dated . 

,  Judge. 

NOTE. — California,  Code  C^v.  Proc,  sec  1436.  This  form  may  be  used 
when  an  executor's  or  administrator's  management  of  an  estate  comes  within 
the  enumerated  events  mentioned  in  Code  of  Civil  Procedure,  section  1436. 

The  source  of  the  information  upon  which  a  judge  acts  in  removing  an 
executor  is  immaterial:  Estate  of  Kelley,  122  Cal.  379,  55  Pac.  136. 

See,  also,  California,  Code  Civ.  Proc,  sec.  1437;  Colorado,  Mill's  Ann. 
Stats.  1912,  sec.  7918  et  seq.;  Idaho,  Eev.  Codes  1907,  sees.  5595,  5672,  5591, 
5542,  53S3.  5428,  54S1,  5427,  53S8,  5592,  540S;  Kansas,  Gen.  Stats.  1915.  sees. 
4507.  4541,  4673;  Montana,  Rev.  Codes  1907,  sec.  7488  et  seq.;  Oklahoma, 
Harris  &  Day's  Code  1910,  sec.  6436;  Oregon,  Lord's  Oregon  Laws,  sec.  1159; 
South  Dakota,  Comp.  Laws  1913,  sec.  5758;  Utah,  Comp.  Laws  1907,  sec. 
3837:  "Washington,  Rem.  Code,  sec.  1415;  Wyoming,  Comp.  Stats.  1910,  sees. 
54S3-5489. 


G59  Executors  and  Administrators.     Forms  1805-1808 

No.  1805.    Order  Directing  Notice  to  Suspend  Executor. 

[Title  of  Court  and  Estate.] 

An  order  having  this  day  been  made,  suspending  A.  B.  from  his  func- 
tions as  executor  of  the  said  estate,  it  is  hereby  ordered  that  the  clerk 
of  this  court  notify  said  A.  B.  of  said  order  of  suspension,  and  cause 
to  be  issued  and  served  on  him  a  citation  to  appear  and  show  cause 
before  this  court,  on  the  12th  day  of  June,  1917,  why  his  letters  should 

not  be  revoked. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1437. 

It  is  not  necessary  to  suspend  an  executor  before  citing  him  to  appear. 
The  object  being  to  remove  him,  the  court  may  reach  the  ultimate  object  by 
a  direct  proceeding  without  a  prior  suspension:  Estate  of  Kelley,  122  Cal. 
379,  55  Pac.  136. 

No.  1806.    Notice  of  Suspension  of  Executor. 

[Title  of  Court  and  Cause.] 

To  A.  B.,  Executor  of  the  Will  of  E.  F.,  Deceased: 

You  are  hereby  notified  that  on  the  third  day  of  June,  1917,  it  ap- 
pearing to  the  judge  of  this  court  from  credible  information  that  you, 
as  said  executor,  have  mismanaged  the  property  of  said  estate,  he  has, 
for  that  reason,  so  made  an  order  suspending  you  from  your  powers  as 
executor  until  the  matter  is  investigated,  and  such  order  has  been 
entered  upon  the  minutes  of  said  court. 

Dated . 


-,  Clerk. 


]STOTE.— California,  Code  Civ.  Proc,  sees.  1437-1439. 


No.  1807.    Order  Reinstating  Suspended  Administrator. 

[Tiile  of  Court  and  Estate.] 
Whereas  this  court  heretofore  made  an  order  suspending  the  powers 

of  ,  administrator  of  the  above-named  estate,  until  certain  charges 

against  him  could  be  investigated;  and  whereas  said  charges,  upon  full 
investigation,  appear  to  have  been  unfounded,  and  he  appears  to  be 
faithfully  performing  the  duties  of  his  trust:  It  is  therefore  ordered 
that  his  powers  as  such  administrator  be  restored. 

Dated  ,  19—. 

,  Judge  of  Superior  Court. 

No.  1808.  Order  Directing  Executor  to  Show  Cause  Why  His  Letters 
Should  not  be  Revoked  for  Failure  to  Return  Account  of 
Sale. 

[Title  of  Court  and  Estate.] 
It  appearing  to  the  court  from  the  affidavit  of  A.  B.  that  C.  D.,  the 

executor  of  the  will  of  said  deceased,  has  neglected  to  make  a  return 

of  a  sale  of  personal  property  sold  by  him  by  order  of  this  court  on 


Forms  1809, 1810         Cowdery's  Form  Book.  660 

May  3,  1917,  within  thirty  days  from  after  said  sale,  it  is  ordered  that 
the  clerk  of  this  court  give  said  C.  D.  notice  to  appear  before  this  court 
on  Friday,  August  3,  1917,  and  show  cause  why  his  letters  should  not 
be  revoked  because  of  said  neglect. 

Dated . 

,  Judge. 

NOTE. — If  such  return  is  not  made  within  thirty  days  after  the  sale, 
his  letters  may  be  revoked,  or  he  may  be  punished  by  attachment,  or  his 
letters  may  be  revoked  after  one  day's  notice:  California,  Code  Civ.  Proc, 
sec.   1575. 

See   Code  Civ.   Proc,   sees.    1436-1440,   for  removal   and   suspension. 

No.  1809.    Order    Directing   Notice    of   Proceedings    for   Removal   of 

Executor  to  be  Given  by  Publication  and  Mail. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  a  citation  issue  directed  to  C.  D.,  executor  of  the 
will  of  E.  F.,  deceased,  commanding  him  to  appear  in  person  or  by  at- 
torney in  this  court,  on  Friday,  June  3,  1917,  at  10  o'clock  A.  M.,  and 
show  cause  why  his  letters  should  not  be  revoked,  and  it  is  ordered 
that  said  citation  be  published  in  the  "Recorder,"  a  San  Francisco 
paper,  once  a  week,  for  four  weeks. 

It  is  also  ordered  that  a  copy  of  said  publication  and  a  certified  copy 
of  the  petition  of  A.  B.,  filed  herein,  be  inclosed  in  a  sealed  envelope, 
directed  to  C.  D.  at  Rochester,  Monroe  county,  state  of  New  York,  and 
the  postage  paid  thereon,  and  also  that  said  letter  be  registered  in  the 
United  States  postoffice  prior  to  May  10,  1917. 

NOTE. — Notice  may  be  given  by  publication  of  the  pendency  of  the  pro- 
ceedings in  such  manner  as  the  court  may  direct,  and  the  court  may  proceed 
upon  such  notice  as  if  the  citation  had  been  personally  served:  California, 
Code  Civ.  Proc,  sec.  1439. 

No.  1810.    Order  Removing  Administrator  for  Failure  to  Give  Notice 

to  Creditors. 
[Title  of  Court  and  Estate.] 

,  the  administrator  of  this  estate,  having  neglected  to  give  notice 

to  the  creditors  thereof  for  two  months  after  his  appointment,  and 
having  failed  to  obey  a  citation  duly  issued  to  and  served  upon  him  to 
show  cause  for  such  neglect,  it  is  hereby  ordered  that  the  letters  of 

administration  upon  the  estate  of  the  said  ,  deceased,  heretofore 

issued  to  said ,  be  and  they  are  hereby  revoked ;  and ,  the  next 

of  kin  to  said  deceased,  is  hereby  appointed  administratrix  of  said  es- 
tate, and  letters  are  hereby  ordered  to  be  issued  to  her  upon  her  taking 
the  oath  required  by  law  giving  a  bond  in  the  sum  of ,  dollars. 

Dated  ,  19—. 

,  Judge  of  Superior  Court. 


661  Executors  and  Administrators.  Form  1811 

NOTE. — If  such  oflli^er  neglects  for  two  montlis  after  his  appointment  to 
give  such  notice,  his  letters  may  be  revoked  and  the  next  of  kin  or  some 
other  person  may  be  appointed  in  his  stead:  California,  Code  Civ.  Proe., 
sec.  1511. 

It  has  been  held  that  when  a  widow  is  appointed  and  the  estate  is  of  less 
value  than  fifteen  hundred  dollars,  her  letters  cannot  be  revoked  because 
she  did  not  give  notice  to  creditors,  because  the  entire  estate  must  be  dis- 
tributed to  her,  under  Code  of  Civil  Procedure,  section  1469:  Estate  of  At- 
wood,  127  Cal.  427,  59  Pac.  770. 

No.  1811.    Affidavit  for  Removal  of  Executors  for  Mismanagement. 
[Title  of  Court  and  Estate.] 
State  of  California, 
County  of  Yuba, ss. 

C.  D.,  being  duly  sworn,  says:  That  he  is  a  creditor  of  the  estate 
of  said  deceased.  That  his  claim  against  said  estate  for  $10,327  was 
within  the  time  and  in  the  manner  and  form  required  by  law  presented 
to  A.  B.,  the  executor  of  said  estate,  and  was  by  him,  in  writing,  ap- 
proved, and  his  approval  indorsed  upon  said  claim  as  is  by  law  required, 
and  after  its  approval  was  presented  within  the  time  required  by  law, 
to  the  judge  of  said  court  who,  before  the  expiration  of  the  time  speci- 
fied by  law,  approved  said  claim  for  $10,327,  by  indorsing  his  approval 
thereon,  and  which  claim  was,  upon  the  day  of  its  approval  by  said 
judge,  filed  and  entered  in  the  proper  case  and  book  as  an  acknowledged 
claim  against  said  estate,  and  no  part  thereof  has  been  paid.  That  the 
inventory  and  appraisement  of  said  estate  shows  that  the  total  value 
of  the  said  estate's  property  is  $60,000,  and  no  more.  That  the  account 
of  said  executor  filed  vv'ithin  sixty  days  after  the  expiration  of  the  time 
for  the  presentation  of  claims  show  that  claims  to  the  amount  of 
$60,000  have  been  approved  and  filed.  That  all  the  property  of  said 
estate  has  been  sold,  so  that  there  remains  on  hand  $40,000  and  no  more 
out  of  which  the  debt  and  expenses  of  administration  must  be  paid. 
That  the  expenses  of  administration  already  accrued  amount  to  $10,000, 
leaving  a  balance  of  $30,000  with  which  to  pay  $60,000.  That  among 
the  assets  of  said  estate  appears  an  item  of  $20,000  secured  by  mortgage 
in  favor  of  said  deceased,  valued  at  $20,763,  principal  and  interest. 
That  said  executor  commenced  an  action  to  foreclose  said  mortgage, 
which  action  was  defended  and  submitted  for  judgment,  with  the  result 
that  the  negligence  of  said  executor  permitted  the  statute  of  limitations 
of  the  state  of  California  to  run  against  said  mortgage  before  action 
Avas  brought  to  foreclose,  and  said  $20,763  has  been  lost  to  said  estate 
because  of  the  mismanagement  of  said  executor.  Wherefore  affiant 
prays  that  said  executor  be  removed. 

Subscribed  and  sworn  to  [etc.]. 

[Signature.] 

NOTE.— California,  Code  Civ.   Proc,  sees.   1436,   1438. 

See,  also,  Arizona.  Rev.  Stats.  (Civ.  Code  1923),  sec.  803  et  seq.;  Colo- 
rado, Mill's  Ann.  Stats.  1912,  sec.  7918  et  seq.;  Idaho,  Rev.  Codes  1907,  sees. 


Forms  1812, 1813         Cowdeby's  Form  Book.  662 

5402,  5409,  5595,  5427,  53S8,  5672,  5591,  5542,  5383,- 5428,  5481;  Kansas,  Gen. 
Stats.  1915,  sees.  4507,  4541,  4673;  Montana,  Rev.  Codes  1907,  sees,  7459, 
7405,  7469,  7719,  7638,  7642,  7500;  Nebraska,  Rev.  Code  1913,  sees.  1334, 
1348,  1349,  1425,  1333,  1351,  1352,  1353;  Nevada,  Rev.  Laws  1912,  sees.  5915, 
5925,  5978;  New  Mexico,  Stats.  Ann.  1915,  sees.  2241,  2242,  2244;  North 
Dakota,  Comp.  Laws,  1913,  sees.  8699-8701;  Oklahoma,  Harris  &  Day's  Code 
1910,  sees.  6436,  6500;  Oregon,  Lord's  Oregon  Laws,  see.  1159;  South  Dakota, 
Comp.  Laws  1913,  sees.  5758-5762;  Utah,  Comp.  Laws  1907,  sec.  3837  et  seq.; 
Washington,  Rem.  Code,  sec.  1416;  Wyoming,  Comp.  Stats.  1910,  sees.  5487- 
5489. 

No.  1812.    Complaint  by  Executor  for  Citation  to  Person  Alleged  to 
have  Concealed  or  Embezzled  Property. 

[Title  of  Court  and  Estate.] 

Now  conies  A.  B.,  and  complaining  to  the  court  of  C.  D.,  states  that 
said  C.  D.  is  the  appointed,  qualified  and  acting  executor  of  the  last 
will  of  E.  F.,  deceased,  now  in  course  of  administration  in  the  above- 
entitled  matter  and  for  cause  of  complaint  states  that  he  suspects  afore- 
said  C.  D.  of  having  concealed  from  complainant,  as  executor  of  said 
will,  one  hundred  shares  of  San  Francisco  Gas  and  Electric  Company 
corporation  stock.  That  said  stock  stands  in  the  name  of  deceased  on 
the  books  of  said  corporation,  but  was  not  indorsed  by  him.  That  de- 
ceased kept  said  stock  in  a  drawer  in  his  desk,  and  the  day  after  his 
death  complainant  saw  the  said  C.  D.  examining  the  said  drawer,  which 
was  not  locked.  Since  then  said  stock  cannot  be  found.  That  said 
C.  D.  is  now  in  the  county  of  Butte,  California. 

Wherefore  complainant  prays  that  the  said  C.  D.  may  be  cited  to 
appear  before  this  court,  that  he  may  be  examined  under  oath  upon  the 
matter  of  the  aforesaid  complaint. 

A.  B.,  Executor  [etc.] 

NOTE. — When  a  person  is  suspected  to  have  concealed,  embezzled,  smuggled, 
conveyed  away,  or  disposed  of  any  money,  goods  or  chattels  of  a  decedent, 
or  has  in  his  possession  any  conveyances,  bonds,  contracts  or  other  writings 
which  contain  evidence  of  title  to  property,  or  of  any  lost  will,  he  may  be 
cited  to  appear  and  be  examined  as  to  such  property  upon  complaint  of  any 
interested  person:  California,  Code  Civ.  Proc,  see.  1459. 

No.  1813.    Order  Removing  Administrator  After  Contest  of  His  Ac- 
count. 

[Title  of  Court  and  Estate.] 

The  administrator  of  this  estate  having  filed  his  first  annual  account, 
and  a  statement  therein  appearing  that  he  had  paid  $20  to  the  publisher 
of  the  "D.  B.  &  S.  H.,"  for  publishing  notice  to  creditors,  in  the  matter 
of  said  estate,  as  per  voucher  No.  367,  and  at  the  hearing  of  said  ac- 
count before  this  court,  C.  D.,  one  of  the  heirs  at  law  of  the  said 
deceased,  and  interested  in  said  estate,  contested  said  payment,  and,  at 
the  hearing  of  said  contest,  it  was  established  to  the  satisfaction  of  this 
court  that  said  administrator  paid  in  full  for  said  advertisement  $15, 
and  no  more,  and  has  appropriated  $5  of  said  $20  for  his  personal  uses ; 


663  Executors  and  Administrators.     Forms  1814, 1815 

and  said  $5  not  allowed  as  charged  against  said  estate.  Thereafter,  the 
said  administrator  was  cited  to  show  cause  before  this  court  why  his 
letters  should  not  be  revoked,  and  at  the  hearing  of  the  matter  last  afore- 
said the  said  administrator  appeared  in  person,  and  by  counsel,  and 
admitted  said  appropriation,  but  pleaded  the  custom  of  the  "trade  of 
printers  and  publishers"  of  legal  notices,  in  justification,  and  said  mat- 
ter having  been  submitted  for  judgment,  it  is  hereby  ordered  that  the 
letters  of  administration  issued  to  A.  B.,  as  administrator  of  the  estate 
of  E.  F.,  deceased,  be,  and  they  are  hereby  revoked. 

[Signature.] 

NOTE. — The  court  may  examine  the  executor  or  administrator,  and  if 
he  has  been  guilty  of  neglect,  or  has  wasted,  embezzled,  or  mismanaged  the 
estate,  his  letters  must  be  revoked:  California,  Code  Civ,  Proc,  sec.  1626. 

No.  1814.     Order  Directing  Executor  to  Tile  Statement. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  the  executor  of  this  estate  forthwith  return  and 
file  a  statement  of  all  claims  against  this  estate  that  have  been  pre- 
sented to  him  up  to  and  including  the  date  said  report  is  filed.  Said 
statement  to  be  in  compliance  with  section  1512  of  the  Code  of  Civil 
Procedure  of  the  state  of  California. 

Dated . 


Judge. 


NOTE.— California,  Code  dv.  Proe.,  sec.  1625. 


No.  1815.     Order   Directing   Administrator  to   Show   Cause   Why   He 
Should  not  be  Removed  for  Omitting  to  Cause  After  Dis- 
covered Property  to  be  Appraised. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  from  the  affidavit  of  A.  B.  that  after  the 
inventory  in  the  matter  of  the  said  estate  had  been  made  and  filed,  a 
largo  amount  of  silver  household  ornaments  and  silver  tableware,  such 
as  spoons,  plates,  etc.,  valued  at  over  $2,000,  the  property  of  said  estate, 
came  to  the  possession  of  C.  D.,  the  administrator  thereof,  and  that  no 
part  of  said  property  was  mentioned  in  said  inventory,  and  more  than 
two  months  having  elapsed  since  said  inventory  was  filed,  and  the  said 
C.  D.,  not  having  caused  the  said  property  to  be  appraised  in  the  man- 
ner prescribed  by  law,  it  is  ordered  that  the  clerk  of  .this  court  cause 
notice  to  be  served  on  the  said  C.  D.  to  show  cause  before  this  court  on 
June  3,  1917,  at  10  o'clock  A.  M.,  why  he  should  not  be  removed  from 
his  office  of  administrator  of  said  estate  because  of  said  failure.  It  is 
also  ordered  that  said  notice  be  served  at  least  ten  days  prior  to  the 
time  set  for  hearing,  and  that  a  copy  of  the  affidavit  of  said  A.  B.  be 
served  with  said  notice. 

Dated .  ^  ^   j,^^^g_ 

NOTE.— The  punishment  may  be  attachment  for  contempt  or  removal  from 
ofYiec:   California,    Code    Civ.    Proc,    sec.    1451. 


Forms  1816, 1817         Cowdery's  Form  Book.  664 

Na  1816.     Order   Suspending   the   Powers   of  Administrator  Until  It 

can  be  Determined  if  He  has  Wasted  Estate. 
[Title  of  Court  and  Estate.] 

In  this  matter,  upon  reading  and  filing  the  petition  of  A.  B.,  praying 
that  C.  D.,  the  administrator  of  said  estate,  be  required  to  give  further 
security  and  that  his  powers  be  suspended  until  the  matters  contained 
in  said  petition  can  be  heard  and  determined,  it  is  hereby  ordered  that 
the  powers  of  C.  D.,  as  administrator  of  the  estate  of  E.  F.,  deceased, 
be,  and  they  are  hereby,  suspended  until  the  matter  of  said  petition 
can  be  heard  and  determined;  and  that  a  copy  of  this  order  be  served 
upon  said  administrator. 

Dated . 

,  Judge. 

NOTE. — When  a  petition  is  presented  praying  that  an  executor  or  admin- 
istrator be  required  to  give  further  security,  etc.,  he  may  be  suspended  untU 
the  matter  can  be  heard:  California,  Code  Civ.  Proc,  sec.  1401. 

No.  1817.    Petition  to  Revoke  Letters  of  Administration  and  to  Grant 

Them  to  a  Person  Claiming  Under  Prior  Right. 
[Title  of  Court  and  Estate.] 
To  the  Honorable,  the  Superior  Court  of  the  County  of  Alameda: 

Your  petitioner  states  the  facts  to  be  that  on  the  third  day  of  May, 
1917,  the  said  court  issued  letters  of  administration  upon  the  estate  of 
said  E.  F.,  deceased,  to  C.  D,,  the  public  administrator  of  the  county 
of  Alameda,  state  of  California.  That  on  the  same  day  letters  of  ad- 
ministration were  issued  to  the  said  C.  D.  and  he  is  now  the  qualified 
administrator  of  said  estate.  That  the  said  C.  D.  was  not  entitled  to 
said  administration  except  by  virtue  of  his  office  of  public  administrator. 

That  your  petitioner  is  the  surviving  wife  of  said  deceased  and  is 
qualified  to  serve  as  administratrix  of  said  estate. 

Wherefore  this  petitioner  prays  that  tlie  letters  issued  to  the  said 
C.  D.,  be  revoked  and  that  letters  of  administration  be  issued  to 
petitioner. 

Dated . 

[Signature.] 

NOTE.-^Such  revocation  may  be  had  upon  petition,  and  letters  v?ill  be 
issued  to  the  person  entitled,  or  to  any  competent  person  if  such  request  is 
made   in   writing:   California,   Code   Civ.   Proc,   sec.    1383. 

If  letters  have  been  granted  to  a  child,  father,  or  brother,  or  sister  of 
the  intestate,  the  surviving  husband  or  wife  may  assert  his  or  her  prior 
right  and  cause  such  letters  to  be  revoked.  Other  relatives  entitled  may  do 
the  same  in  the  order  of  priority:  California,  Code  Civ.  Proc,  see.  1386. 


665  Executors  and  Administrators.    Forms  1818-1820 

No.  1818.     Citation   to   Administrator   to    Show   Cause   Why   Letters 

Should  not  be  Revoked. 
[Title  of  Court  and  Estate.] 
To ,  Administrator  of  the  Estate  of ,  Deceased : 

You  are  hereby  cited  to  appear  before  the  above-named  court  on  the 

• ■  day  of  ,  19 — ,  at  10  o'clock  in  the  forenoon  of  that  day,  and 

show  cause,  if  any  you  have,  why  your  letters  of  administration  should 

not  be  revoked,  and  other  letters  on  said  estate  be  issued  to ,  widow 

of  said  deceased. 

Dated ,  19—. 

[Seal]  ,  County  Clerk. 

No.  1819.    Order  Revoking  Letters  and  Issuing  Others  to  Person  Hav- 
ing Prior  Right. 
[Title  of  Court  and  Cause.] 

The  petition  of  praying  for  the  revocation  of  the  letters  of 

administration  heretofore  issued  on  the  above-named  estate  to  , 

and  praying  that  letters  of  administration  on  said  estate  be  issued  to 
her  by  virtue  of  her  prior  right  thereto  as  widow  of  said  deceased ;  and 
the  matter  being  submitted  to  the  court  for  decision: 

It   is   ordered   that   the   letters    of   administration   heretofore   issued 

herein  to  said  be  and  they  are  hereby  revoked;  and  that  letters 

of  administration  upon  said  estate  be  issued  to  said ,  upon  her  filing 

a  bond  in  the  sum  of dollars,  and  taking  the  oath  required  by  law. 

Done  in  open  court  this day  of ,  19 — . 

,  Judge  of  Superior  Court. 

No.  1820.    Petition  to  Revoke  Letters  Testamentary  and  Appoint  Peti- 
tioner Where  Executor  has  Removed  from  State. 
[Title  of  Court  and  Estate.] 

Now  comes  A.  B.  and  petitioning  this  court  to  revoke  the  appointment 
of  C.  D.  as  executor  of  the  will  of  E.  F.,  deceased,  and  appoint  peti- 
tioner administrator  with  the  will  annexed  of  the  estate  of  said 
deceased,  for  reason  why  said  appointment  ought  to  be  made  states  the 
facts  to  be  as  follows: 

On  the  3d  day  of  June,  1917,  C.  D.  filed  in  this  court  his  petition  to 
be  appointed  executor  of  the  will  of  E.  F.,  deceased.  That  said  peti- 
tion stated  all  the  facts  necessary  to  give  this  court  jurisdiction  to  ap- 
point said  C.  D.  executor  of  said  will.  That  thereafter  such  proceedings 
were  had  that  this  court,  on  the  15th  day  of  July,  1917,  appointed  said 
C.  D.  executor  of  said  will,  and  he  thereupon  qualified,  and  ever  since 
has  been  and  is  now  the  executor  of  said  will,  and  said  letters  have 
never  been  revoked.  That  the  papers  and  records  relating  to  the  said 
appointment  are  the  records  in  this  court  of  said  estate,  and  they  are  in 
this  petition  referred  to  and  made  part  hereof. 


Form  1821  Cowdery's  Form  Book.  GG6 

That  on  July  20,  1917,  the  said  C.  D.,  as  executor,  filed  his  inventory 
aiul  appraisement  and  took  possession  of  the  property  of  said  estate. 
That  on  Aujrnst  10,  1917,  said  C.  D.  removed  from  the  state  of  Cali- 
fornia and  lias  not  since  returned  to  the  state  of  California  and  has 
perinanently  removed  therefrom,  and  he  is  now  a  resident  of  Rochester, 
Monroe  county,  state  of  New  York.  That  petitioner  is  a  resident  of  the 
state  of  California.  That  notice  to  the  creditors  of  said  deceased  has 
never  been  published,  and  petitioner  is  a  creditor  of  said  deceased,  hold- 
ing deceased's  promissory  note  dated  March  3,  1916,  for  $3,000  due  one 
year  after  its  date  of  which  no  part  has  been  paid. 

Wherefore  petitioner  prays  that  a  citation  issue  to  said  C.  D.  to  show 
cause  why  his  said  letters  should  not  be  revoked,  and  petitioner  also 
prays  that  upon  revocation,  letters  of  administration  with  the  will 
auiiexed  be  issued  to  petitioner. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.   1436-1440. 

No.  1821.    Petition  to  Revoke  Letters  Testamentary  and  Appoint  Peti- 
tioner Where  Executor  is  Nonresident  and  was  When  Ap- 
pointed. 
[Title  of  Court  and  Cause.] 

Now  comes  A  B  and  petitioning  this  court  to  revoke  the  appointment 
of  C  D  as  executor  of  the  will  of  E  F,  deceased,  and  appoint  petitioner 
administrator  vvith  the  will  annexed  of  the  estate  of  said  deceased,  for 
reason  whj'^  said  appointment  ought  to  be  made,  states  the  facts  to  be 
as  follows: 

On  the  third  day  of  June,  1917,  C  D  filed  in  this  court  his  petition 
to  be  appointed  executor  of  tlie  will  of  E  F,  deceased.  That  said 
petition  stated  all  the  facts,  if  true,  necessary  to  give  this  court  juris- 
diction to  appoint  said  C  D  executor  of  said  will.  That  thereafter  such 
proceedings  v.'ere  had  that  this  court,  on  the  fifteenth  day  of  July,  1917, 
appointed  said  C  D  executor  of  said  will,  and  he  thereupon  qualified, 
and  ever  since  has  been  and  is  now  the  executor  of  said  will,  and  said 
letters  have  never  been  revoked.  That  the  papers  and  records  relat- 
ing to  the  said  appointment  are  the  records  of  this  court  of  said  estate, 
and  they  are  in  this  petition  referred  to  and  made  part  hereof. 

That  on  July  10, 1917,  the  said  C  D,  as  executor,  filed  his  inventory  and 
appraisement  and  took  possession  of  the  property  of  said  estate.  That 
said  C  D  was  never  a  resident  of  the  state  of  California,  but  was  at 
the  time  of  his  appointment  as  aforesaid,  and  is  now,  a  resident  of 
Roche.-ter,  Monroe  county,  state  of  New  York.  That  notice  to  the 
creditors  of  said  deceased  has  never  been  published,  and  petitioner  is 
a  creditor  of  said  deceased,  holding  deceased's  promissory  note  dated 
March  3,  1916,  for  three  thousand  dollars,  due  one  year  after  its  date, 
of  which  no  part  has  been  paid. 

Wherefore  petitioner  prays  that  a  citation  issue  to  said  C  D  to  show 
cause  why  his  said  letters  should  not  be  revoked,  and  petitioner  also 


667  Executors  and  Administrators.     Forms  1822-1824 

prays   that   upon   revocation,    letters   of   administration   with   the   will 
annexed  be  issued  to  petitioner. 
[Verified.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1349. 

The  phrase  "permanently  removed  from  tLe  state"  as  a  ^ound  for  rcA'ck- 
ing  letters  of  an  executor  applies  to  a  resident  executor  permanently  re- 
moved from  the  state,  and  it  also  applies  to  a  nonresident  executor  who  has 
come  to  the  state  to  receive  his  appointment,  and  then  leaves  the  state  and 
permanently  remains  away:  Estate  of  Kelley,  122  Cal.  379,  55  Pac.  136. 

No.  1822.     Order  Accepting  Resignation  of  Testamentary  Trustee. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  A.  B.,  appointed  trustee  by  the  will 
of  said  C.  D.,  deceased,  has  filed  his  written  resignation  of  said  trust, 
and  this  day  having  been  fixed  for  the  hearing  of  said  resignation,  and 
said  matter  having  been  heard  by  this  court  upon  the  day  set  for  hear- 
ing, and  it  having  been  heard  and  determined,  it  is  ordered  that  said 
resignation  be,  and  it  is  hereby  accepted. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1702,  1705. 

No.  1823.    Order  Appointing  Trustee  Under  Will. 
[Title  of  Court  and  Estate.] 

A.  B.,  the  trustee  appointed  by  the  will  of  C.  D.,  deceased,  having 
resigned,  and  his  resignation  having  been  accepted,  it  is  ordered  that 
G.  L.,  be  and  he  is  hereby,  appointed  as  trustee  under  the  will  of  said 
deceased,  to  fill  the  vacancy  in  said  trusteeship  caused  by  the  resigna- 
tion of  the  said  A.  B.,  but  before  acting  as  trustee  he  shall  give  a  bond 
in  the  sum  of  $10,000  in  form  as  required  by  law,  and  that  thereupon 
he  shall  have  power  as  such  trustee  as  is  provided  in  said  will. 

Dated . 

,  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sees.  1702,  1705. 

Nc.  1824.  Petition  and  Complaint  Asking  for  a  Citation  to  Show 
Cause  Why  a  Bank  Should  not  Pay  a  Deposit  to  Adminis- 
trator of  Depositor. 

[Title  of  Court  and  Estate.] 
The  petition  of  W.  A.  respectfully  shows: 

I.  That  on  the  seventh  day  of  March,  1917,  your  petitioner,  W.  A., 
was  appointed  administrator  of  the  above-named  estate ;  that  thereafter, 
and  on  the  fifth  day  of  May,  1917,  he  qualified  as  such  administrator, 
ever  since  has  been  and  now  is  the  duly  appointed,  qualified  and  acting 
auininistrator  of  said  estate. 

II.  Tliat  some  years  prior  to  the  death  of  decedent,  the  exact  date 
being  to  your  petitioner  unknown,  said  deceased  deposited  with  the  C.  S. 


Form  1824  Cowdeby's  Form  Book.  668 

and  L.  Society,  a  corporation,  at  its  principal  place  of  business  in  said 
county,  the  sum  of  twelve  hundred  and  fifty-one  and  46/100  dollars 
($1251.46),  gold  coin  of  the  United  States,  which  sum  said  corporation 
then  and  there  promised  and  agreed  to  repay  to  said  deceased,  with  the 
interest   or  dividends   accrued  thereon,  upon   demand. 

III.  That  your  petitioner  shortly  after  the  issuance  of  letters  of  ad- 
ministration to  him  upon  the  estate  of  said  A.  A.,  deceased,  as  sucli 
administrator  demanded  of  said  C.  S.  and  L.  Society,  at  its  office  in  said 
city  and  county  of  San  Francisco,  state  aforesaid,  the  payment  to  him, 
as  such  administrator,  of  said  sum  of  $1,251.46,  but  said  corporation 
then  and  there  refused,  ever  since  has  refused,  and  now  refuses  to  pay 
to  said  administrator  said  sum  or  any  part  thereof. 

IV.  That  said  corporation  did  not  pay  said  sum,  or  any  part  thereof, 
to  said  A.  A.,  during  her  lifetime,  or  to  anyone  else,  nor  has  it  paid  said 
sum,  or  any  part  thereof,  to  said  administrator,  though  often  requested 
so  to  do,  and  said  sum  and  the  whole  thereof  is  long  past  due,  owing 
and  unpaid  to  your  petitioner,  as  administrator  of  the  said  estate. 

V.  That  the  aforesaid  refusal  of  the  corporation  to  pay  said  deposit 
to  said  administrator  is  based  upon  the  pretended  nonidentity  of  the 
said  deceased,  with  the  depositor  of  the  aforesaid  sum  of  money,  but 
that  the  said  corporation,  according  to  the  information  and  belief  of 
this  petitioner,  has  certain  books  and  registers,  to  wit,  its  regular  books 
containing  entries  of  the  names,  signatures,  birthplaces,  parents'  names 
and  other  or  similar  marks  of  identification  of  its  depositors,  tending  to 
disclose  the  identity  of  said  depositor  with  the  said  deceased ;  and  that 
the  said  corporation  and  the  officers  thereof  have  hitlierto  refused,  and 
still  refuse,  leave  to  this  petitioner  as  the  administrator  of  said  estate 
to  examine  or  inspect  said  books  and  registers,  or  the  respective  entries 
referring  to  said  deceased's  estate,  for  the  purpose  of  establishing  said 
identity  and  the  fact  that  the  money  deposited  by  said  deceased  in  said 
savings  bank  is  the  property  of  the  estate  of  said  deceased. 

VI.  That  an  application  for  an  order  requiring  the  said  corporation 
to  pay  the  above-mentioned  deposit,  or  any  sum  due  on  account  thereof, 
to  this  petitioner  as  administrator  of  the  estate  of  said  A.  A.,  deceased, 
was  heretofore  presented  to  the  court,  but  was  denied  on  the  ground  that 
the  identity  of  said  deceased  with  said  depositor  had  not  been  suffi- 
ciently established.  That  since  then  certain  documentary  evidence,  not 
previously  obtainable,  relating  to  the  date  and  place  of  the  birth  of  said 
deceased  and  to  the  maiden  name  of  her  mother,  has  been  received  by 
this  petitioner,  whereby,  as  petitioner  is  informed  and  believes,  in  con- 
nection with  the  said  entries  in  said  bank-books  and  registers,  the  said 
identity  can  be  clearly  shown. 

Wherefore  your  petitioner  prays  that  a  citation  issue  herein  to  said 
C.  S.  and  L.  Society  requiring  it  to  appear  therein  at  a  time  and  place 
to  be  appointed  by  this  court,  then  and  there  to  show  cause  why  an 
order  of  this  court  should  not  be  made  and  entered  herein,  directing 


669  Executors  and  Administrators.  Form  1825 

it  to  pay  to  said  W.  xi.,  as  administrator  of  the  estate  of  A.  A.,  deceased, 
said  sum  of  $1,251.46,  or  such  other  sum  as  may  be  found  to  be  due, 
owing  and  unpaid  by  said  corporation  to  said  W.  A.,  as  said  adminis- 
trator; and  also  requiring  said  corporation  and  the  president,  secretary, 
cashier  and  treasurer  thereof,  or  either  of  said  or  any  officers  having 
control  of  the  books  and  registers  of  said  bank  mentioned  in  this  peti- 
tion, to  appear  before  the  above-entitled  court  with  such  of  the  afore- 
said books  and  registers  as  contain  entries  referring  to  said  depositor, 
A.  A.,  and  then  and  there  to  be  examined  on  oath  upon  the  matter  of 

this  petition. 

[Signature.] 

NOTE. — Under  section  15  of  the  California  Bank  Act,  banks  and  otherB 
receiving  deposits  must  publish  the  name,  etc.,  of  all  depositors  who  have 
made  no  addition  to  their  deposit  or  drawn  any  part  thereof  within  ten  yeais: 
Stats.  1913,  p.  145.  In  such  cases  proceedings  are  commenced  under  the 
provision  of  Code  of  Civil  Procedure,  sections  1458-61. 

Under  Code  of  Civil  Procedure,  section  1459,  a  person  having  in  his  pos- 
session books  or  papers  containing  evidence  tending  to  show  the  title  or 
interest  of  decedent  to  property  may  be  required  to  produce  such  books  or 
papers  and  be  examined  concerning  them:  Levy  v.  Superior  Court,  105  Cal. 
600,  29  L.  R.  A.  811,  38  Pac.  965.  But  that  is  the  limit  of  the  power  of 
the 'court.  If  it  appears  that  the  property  in  question  is  only  a  debt  due 
by  the  respondent  to  the  estate,  or,  if  specific  property,  that  its  ownership 
or  right  of  possession,  by  lien,  or  in  trust,  is  claimed  by  respondent,  the 
validity  of  that  claim  can  be  determined  only  in  proper  action  at  law  or  in 
equity  by  or  against  the  respondent;  Ex  parte  Casey,  71  Cal.  269,  12  Pac.  118; 
Ex  parte  HoUis,  59  Cal.  405,  412;  Stuparich  Mfg.  Co.  v.  Superior  Court  12o 
Cal  290  56  Pac.  985;  Tomsky  v.  Superior  Court,  131  Cal.  620,  63  Pac.  1020; 
Buckley  V  Superior  Court,  102  Cal.  6,  41  Am.  St.  Rep.  135,  36  Pac.  360; 
Heydenfeldt  v.  Jacobs,  107  Cal.  373,  378,  40  Pac.  492;  Curtis  y.  Schell,  129 
Cal.  208,  221,  79  Am.  St.  Rep.  107,  61  Pac.  951 

No.  1825.    Order  Directing  Citation  to  Banker  et  al.  in  Proceedings  to 

Recover  Unclaimed  Deposits. 
[Title  of  Court  and  Estate.] 

Upon  reading  and  filing  the  petition  of  W.  A.,  administrator  of  the 
estate  of  the  above-named  decedent,  and  it  satisfactorily  appearing 
therefrom  that  the  C.  S.  and  L.  Society,  doing  business  and  having  its 
office  and  principal  place  of  business  in  the  city  and  county  of  San 
Francisco,  state  of  California,  has  in  its  possession,  and  under  its  cus- 
tody and  control,  a  deposit  of  $1,251.46,  or  thereabouts,  and  also  certain 
books  and  registers  showing  the  identity  of  the  depositor  of  said  sum 
with  the  above-named  A.  A.,  deceased,  and  the  fact  that  the  said  sum, 
or  any  amount  due  on  account  of  said  deposit,  is  the  property  of  said 
deceased,  which  property  the  said  C.  S.  and  L.  Society  has  hitherto  re- 
fused, and  still  refuses,  to  deliver  to  said  administrator,  and  which 
books  and  registers  it  has  hitlicrto  disallowed  and  still  disallows  said 
administrator  to  inspect  or  examine  for  the  purpose  of  establishing  said 
identity;  and  it  further  appearing  that  the  full  baptismal  name  of  said 
deceased  was  A.  M.  A.,  although  she  frequently  called  herself  and  was 
known  as  A.  A.: 


Form  1826  Cowdery's  Form  Book.  670 

It  is  ordered  that  a  citation  issue  out  of  this  court,  directed  to  said 
C.  S.  and  L.  Society,  requiring  the  said  society,  its  president,  secretary, 
casliier,  treasurer  or  other  officer  having  the  control  and  custody  of  any 
books  or  registers  of  said  society  containing  any  entries  in  reference  to 
A.,  A.  M.,  or  A,  M.  A.,  to  appear  before  this  court,  in  the  courtroom 
of  deparinient  No.  2  thereof,  at  9:45  o'clock  A,  M.  of  Tuesday,  the 
twenty-first  day  of  February,  1917,  with  the  aforesaid  books  and  regis- 
ters or  papers  of  any  kind  containing  such  entry  or  entries,  then  and 
there  to  be  examined  on  oath  touching  the  matters  of  said  petition  and 
to  show  cause,  if  any  there  be,  why  an  order  of  this  court  should  not  be 
made  herein  directing  tlie  said  C.  S.  and  L.  Society  to  pay  over  and 
deliver  to  said  W.  A.,  as  administrator  of  the  estate  of  A.  A.,  deceased, 
the  sum  of  $1,251.46,  or  such  other  sum  as  may  be  found  to  be  due  from 
said  C.  S.  and  L.  Society  on  account  of  said  deposit  to  said  W.  A.,  as 
administrator  of  the  estate  of  said  decedent. 

Dated . 

,  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1461. 

No.  1826.    Order  Approving  of  Administrator's  Payment  of  Debt  With- 
out Creditor's  Affidavit. 

[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  A.  B.,  the  administrator  of  this  estate, 
paid  C.  D.  a  claim  of  $3,727.50,  within  the  time  limited  by  law  for  the 
payment  of  such  claims,  but  without  the  affidavit  or  other  proof  of  said 
claim  required  by  law,  and  it  having  been  proven  by  competent  evidence, 
to  the  satisfaction  of  the  court,  that  said  amount  was  a  just  debt,  and 
w-as  due  against  the  said  estate,  and  was  paid  in  good  faith,  that  said 
amount  was  the  true  amount  of  such  indebtedness  over  and  above  all 
payments  or  setoffs,  and  the  said  estate  being  solvent,  the  said  amount 
is  allowed  the  said  administrator  in  the  settlement  of  his  accounts. 

Dated . 

,  Judge. 

NOTE. — Under  swh  circumstances  "it  is  the  duty"  of  the  court  to  allow 
the  claim.  It  must  be  shown  "that  such  debts  were  justly  due;  were  paid 
ill  good  faith;  that  the  amount  paid  was  the  true  amount  of  such  indebted- 
ness, over  and  above  all  payments  or  setoffs,"  and  the  estate  is  solvent: 
California,  Code  Civ.  Proc,  sec.  1632;  Alaska  Comp.  Laws,  1913,  sees.  1652- 
1G61;  Arizona,  Rev.  Stats.  1913,  par.  1007;  Idaho,  Rev.  Codes  1907,  sec.  5597; 
Montana.  Revised  Codes,  see  7644;  Utah,  Rev.  Stats.,  see.  3944;  Washington, 
Rem.  Codes,  sec.  1560. 


G71  Executors  and  Administrators.  Form  1827 

No.  1827.    Petition  for  Order  Directing  Surviving  Partner  to  Render 

Account. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  City  and  County  of  San 
Francisco,  State  of  California : 

H.  J.,  administrator  of  the  estate  of  W.  B.,  deceased,  respectfully 
shows : 

That  at  the  time  of  the  death  of  said  deceased,  to  wit,  on  January  3, 
1917,  there  was  a  partnership  between  deceased  and  S.  B.,  composing 
the  late  firm  of  B.  &  B.,  and  doing  business  as  grocers  under  said  name 
and  style  at  3129  Valencia  street,  in  said  city  and  county. 

That  said  surviving  partner  continued,  and  still  is,  in  possession  of 
the  effects  of  the  said  partnership  for  the  purpose  of  settling  the  busi- 
ness. 

That  the  interest  of  the  said  deceased,  to  wit,  one-half  of  the  assets 
of  said  partnership,  was  included  in  the  inventory  heretofore  made  and 
returned  by  said  administrator  to  this  court,  and  was  appraised  as  other 
property,  the  appraised  value  thereof  being  the  sum  of  $3,167.97. 

Tliat  the  said  surviving  partner  has  delayed  and  is  delaying  the 
settling  of  the  affairs  of  said  partnership,  more  than  one  year  having 
elapsed  since  the  said  inventory  has  been  filed;  and  has  not  accounted 
with  the  said  administrator,  though  often  requested  so  to  do,  but  has 
refused,  and  still  refuses,  to  account  with  said  administrator,  or  to  give 
any  information  as  to  the  condition  of  the  affairs  of  said  partnership; 
and  lias  never  paid  over  any  such  balances  as  may,  from  time  to  time, 
'have  been  payable  to  said  administrator  on  account  of  said  estate  [or 
said  partner  has  promised  to  account,  but  has,  and  still  does,  neglect  to 
render  said  account]. 

That  there  are  many  debts  outstanding  against  said  deceased,  and 
that  it  has  become  necessary  to  ascertain  the  value  of  said  partnership 
interest  in  order  to  determine  the  necessity  of  selling  real  estate  to  pay 
said  debts,  and  the  debts,  expenses,  and  charges  of  the  administration. 

"Wherefore,  said  administrator  applies  to  this  court  for  an  order  that 
the  said  surviving  partner  render  an  account  of  the  said  partnership, 
showing  a  full  statement  of  its  affairs  at  the  time  of  the  death  of  said 
deceased,  and  the  condition  thereof  from  that  time  until  the  day  of 
rendering  said  account,  and  for  such  other  or  further  order  as  may  be 

meet  in  the  premises. 

[Signature.] 

NOTE. — In  California,  upon  the  petition  [application]  of  the  executor 
or  administrator,  the  court  may  order  a  surviving  partner  of  the  deceased 
to  render  an  account  and  may  enforce  the  order  by  contempt  proceedings 
[attachment] :  California,    Code    Civ.    Proe.,    sec.    1585. 


Forms  1828-1830         Cowdery's  Form  Book.  672 

No.  1828.    Order  Directing  Surviving  Partner  to  Render  an  Account. 
[Title  of  Court  and  Estate.] 

It  appearing  from  the  petition  of ,  executor  of  the  will  of  , 

deceased,  this  day  filed  herein,  that  ,  the  surviving  partner  of  said 

decedent,  should  render  an  account  to  said  court  in  the  matter  of  the 

partnership  previously  existing  between  said and  said  decedent,  in  a 

certain  business  at  ,  California: 

It  is  hereby  ordered  that  said  ,  surviving  partner  as  aforesaid, 

be  cited  to  render  an  account  of  the  said  partnership  affairs  of  himself 
and  said  decedent,  and  to  file  the  same  in  this  court  within  ten  days 
from  this  date,  or  that  within  said  time  he  show  cause  to  this  court  why 
said  account  should  not  be  rendered. 

Dated  ,  19—.  ^  j^^^^  ^^  Superior  Court. 

NOTE. — Such  order  may  be  made  by  the  court  whenever  it  appears  to  be 
necessary;  and.  in  case  of  neglect  to  do  so,  it  may,  after  notice,  compel 
obedience  by  attachment — that  is  to  say,  by  contempt  proceedings  based 
upon  order  to  account:  California,  Code  Civ.  Proc,  sec.  1585;  Arizona,  Rev. 
Stats.  1913,  par.  970;  Montana  Revised  Codes,  sec.  7607;  Washington,  Rem. 
Codes,  sees.  1441,  1442 

No.  1829.    Order  for  the  Payment  of  Debts  of  Insolvent  Estate. 
[Title  of  Court  and  Estate.] 

It  appearing  from  the  settlement  of  the  administrator's  account  filed 
within  thirty  days  after  the  expiration  of  the  time  for  the  presentation 
of  claims  that  the  entire  property  of  the  estate  has  been  sold  and  the 
net  proceeds,  amounting  to  $10,824.50,  are  in  his  possession,  which 
amount,  together  with  other  money,  to  wit,  $8,842,  in  his  possession  as 
stated  in  said  account  amounts  to  $19,648.50 ;  it  also  appearing  that  the 
debts  of  the  estate  amount  to  $32,816,  and  the  entire  expenses  of  admin- 
istration taxes  amount  to  $1,822.50. 

It  is  ordered  that  the  said  $1,822.50,  be  deducted  from  said  $19,648.50, 
and  the  $17,826  remaining  be  paid  to  said  creditors  as  follows :  [Distrib- 
uting the  amount  so  that  each  creditor  will  receive  his  proportion.] 

NOTE. — Under  the  circumstances  related  the  estate  is  exhausted  and  each 
creditor  receives  his  proportion;  and  the  court  must  specify  in  the  decree  the 
amount  to  be  paid  to  each  creditor.  Such  account  is  final,  and  the  adminis- 
trator is  entitled  to  his  discharge  upon  proof  showing  that  such  payments 
have   been   made:   California,   Code   Civ.   Froc,   sec.    1647. 

No.  1830.    Clause  in  Order  for  Payment  of  Debts  that  Claim  Disputed 

or  Contingent  not  Due  be  Paid  into  Court. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  the  claim  of  A.  B.  C,  for  $3,256,  described  in  said 
account  as  not  due  [or  is  contingent,  or  disputed],  be  paid  into  this 
court  there  to  remain  and  be  paid  to  the  said  A.  B.  C.  when  he  becomes 
entitled  thereto.  [Signature.] 


873  Executors  and  Administrators.     Forms  1831-1833 

NOTE. — If  a  party  fails  to  establish  his  claim,  the  court  "into"  which 
it  is  paid  will  distribute  or  pay  it  as  the  circumstances  of  the  estate  require: 
California,  Code  Civ.  Proc,  sec.  1648. 

No.  1831.    Petition  for  an  Order  Directing  Executor  to  Invest  Funds 

of  an  Estate. 
[Titlo  of  Court  and  Estate.] 

The  petition  of  A.  B.  states  that  she  is  the  widow  of  C.  B.,  de- 
ceased. That  E.  F.,  the  executor  of  the  last  will  of  deceased,  has  in 
his  possession  $100,000  of  the  moneys  of  said  estate  on  general  deposit 
in  The  People's  Home  Bank,  without  interest.  That  it  is  for  the  best 
interest  of  said  estate  that  said  money  be  invested  in  safe  marketable 
securities.  [The  said  estate  having  no  creditors  and  there  being  enough 
rents  and  interest  becoming  due  it  is  unnecessary  for  said  executor  to 
reserve  any  money  for  the  expenses  of  the  estate,  costs,  legacies  or  for 
any  other  purpose.] 

Wherefore  petitioner  prays  for  an  order  directing  said  executor  to  in- 
vest said  $100,000  in  securities  of  the  United  States  or  of  the  state  of 
California. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.   1640. 

No.  1832.     Order  Directing  Publication  Notice  of  Application  for  Order 

Directing  Executor  to  Invest  Moneys  of  an  Estate. 
[Title  of  Court  and  Estate.] 

Upon  reading  and  filing  the  petition  of  A.  B.  herein,  and  good  cause 
appearing,  it  is  ordered  that  the  clerk  of  this  court  give  notice  by  publi- 
cation in  the  "R'.'  once  a  week  for  two  weeks,  to  all  interested  persons 
to  show  cause  before  the  court  on  Friday,  June  3,  1917,  at  10  o'clock 
A.  M.,  why  the  executor  of  the  last  will  of  C.  B.,  deceased,  should  not 
invest  $100,000  of  the  moneys  of  said  estate  in  securities  of  the  United 
States  or  of  the  state  of  California. 

Dated  ,  19—. 

,  Judge. 

NOTE.— California,   Code   Civ.   Proc,   sec.   1640. 

No.  1833.    Notice  of  Hearing  of  Petition  to  Invest  Punds. 
[Title  of  Court  and  Estate.] 

Notice  is  hereby  given  that ,  an  heir  of ,  deceased,  has  filed 

his  petition  herein  praying  that  this  court  make  an  order  directing 
that  the  funds  of  said  estate  be  invested  in  such  securities  of  the  United 
States  or  of  the  state  of  California  as  this  court  may  deem  advisable, 
for  the  following  reasons,  to  wit  [here  state  reasons]  ;  and  that  the  hear- 
ing of  said  petition  has  been  fixed  for ,  the day  of ,  19 — , 

at  the  hour  of  10  o'clock  A.  M.,  at  the  courtroom  of  the  above-named 

Form  Book — 43 


Forms  1834, 1835         Cowdery's  Form  Book.  674 

court,  at  which  time  any  person  may  appear  and  present  to  this  court 
his  objections  to  the  granting  ©f  such  order. 

Dated ,  19—. 

[Seal]  ■ ,  Clerk. 

No.  1834.    Order  Directing  Executor  to  Invest  Moneys  in  Bonds. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  upon  the  hearing  of  the  petition  of  A.  B., 
the  widow  of  the  said  C.  B.,  deceased,  that  the  executor  of  the  last  will 
of  said  deceased  has,  in  his  possession,  $100,000  in  gold  coin  of  the 
United  States,  which  money  is  on  general  deposit  with  The  People's 
Home  Bank,  without  interest,  and  it  being  for  the  best  interests  of 
said  estate  that  said  money  be  invested  in  good  securities,  it  is  ordered 
that  said  executor  purchase  in  open  market  at  the  market  price,  Liberty 
Bonds  of  the  United  States  'f  the  issue  of  1917. 

[Signature.] 

NOTE. — Pending  the  settlement  of  estates,  a  court  may,  on  the  petition 
of  an  interested  party,  make  such  order:   California,  Code  Civ.  Proc,  sec.  1640. 

No.  1835.     Order  Confirming  Sale  of  Contract  to  Purchase  Land. ' 

[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having  made 
to  this  court,  and  filed  in  the  office  of  the  clerk  thereof,  a  return  of  her 
proceedings  under  the  order  of  sale  herein,  and  said  matter,  coming  on 
regularly  this  day  to  be  heard,  and  it  having  been  proved  to  the  court 
that  in  pursuance  of  said  order  of  sale,  and  as  ordered  by  the  court, 
the  clerk  of  this  court  caused  notice  of  the  time  and  place  of  holding 
said  sale  to  be  posted  up  in  three  of  the  most  public  places  in  the  city 
and  county  of  San  Francisco,  in  which  the  land  ordered  to  be  sold  is 
situated,  and  to  be  published  in  the  "D.  E.  B.,"  a  newspaper  printed 
and  published  in  the  same  city  and  county,  for  three  weeks  successively 
next  before  such  sale,  in  which  order  of  sale  and  notice  the  lands  and 
tenements  to  be  sold  were  described  with  common  certainty,  as  follows, 
to  wit:  [Description.] 

That  at  such  sale  S.  W.  became  the  purchaser  of  said  real  estate  for 

the  sum  of  $ ,  he  being  the  highest  and  best  bidder,  the  said  sum 

being  the  highest  and  best  sum  bid. 

It  is  therefore  ordered  that  the  said  sale  of  the  contract  to  purchase 
possessed  by  said  decedents  hereinafter  described,  be  in  all  things  con- 
firmed and  that  upon  payment  of  said  price  the  said  administratrix, 
A.  B.  C,  as  administratrix,  is  ordered  to  execute  and  deliver  to  said 
purchaser  an  assignment  of  said  contract  described  as  follows,  to  wit: 
[Description.] 

NOTE. — California,  Code  Civ.   Proc,  sees.    1565-1568. 

Sec,  also,  Alaska,  Comp.  Laws  1913,  sec.  1679;  Idaho,  Rev.  Codes  1907, 
sec.  5032;   Montana,  Eev.  Codes  1907,  sec.   7588;    Nevada,   Rev.  Laws  1912, 


675  Executors  and  Administrators.  Form  1836 

sec.  6010;  North  Dakota,  Comp.  Laws  1913,  socs.  87S3-8785;  Oklahoma, 
Harris  &  Day's  Code  1910,  sees.  6398-6401;  Oregon,  Lord's  Oregon  Laws, 
sees.  1266-1268;  Washington,  Rem.  Code,  sees.  1524-1527;  Wyoming,  Comp. 
Stats.  1910,  sec.  5674. 

No.  1836.    Petition  for  an  Order  Directing   Executor  to  Convey  Land 

Under  a  Contract   With  Deceased. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  City  and  County  of  San 
Francisco,  State  of  California: 

The  petition  of  M.  O'K.  respectfully  represents: 

That  S.  D.,  on  the  fourth  day  of  December,  1916,  executed  and  de- 
livered to  these  petitioners  a  contract  in  writing  wherein  and  whereby 
he  agreed  to  sell  and  convey  to  your  petitioners  for  the  sum  of  $650, 
that  certain  real  property  situate  in  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  described  as  follows,  to  wit:  [Description.] 

That  there  has  been  paid  on  account  of  said  purchase  price  and  in- 
terest the  sum  of  $449,  and  on  May  24,  1917,  there  was  the  sum  of  $201 
owing  on  said  contract  of  purchase,  and  by  the  terms  of  said  contract 
your  petitioners  were  entitled  to  pay  said  amount  at  the  rate  of  ten 
dollars  per  month,  together  with  interest  at  six  per  cent  per  annum, 
and  were  also  entitled  to  pay  the  total  amount  owing  on  said  purchase 
price  at  any  time  they  might  elect  to  do  so,  and  thereupon  to  receive 
a  deed  for  said  real  property. 

That  said  S.  D.  died  on  the  fifth  day  of  April,  1917,  and  after  pro- 
ceedings duly  had  therefor  the  will  of  said  decedent  was  admitted  to 
probate  in  this  court,  and  J.  C.  R.  has  been  appointed  executor  of  said 
will,  and  letters  testamentary  duly  issued  to  him,  and  he  is  now  the  duly 
qualified  and  acting  executor  of  said  will. 

That  your  petitioner  is  ready  and  willing  and  desires  to  pay  in  full 
the  balance  owing  on  said  contract  of  purchase  hereinbefore  described, 
and  is  entitled  to  a  conveyance  of  said  real  property  from  said  executor, 
as  provided  for  in  sections  1597,  1598,  1599,  1600  and  1601  of  the  Code 
of  Civil  Procedure  of  the  state  of  California. 

Wherefore  your  petitioner  prays  that  this  petition  be  set  for  hearing, 
and  due  notice  thereof  given,  and  that  on  the  hearing  thereof  a  decree 
be  entered  authorizing  and  directing  the  said  executor  to  execute  a  con- 
veyance of  said  property  to  said  petitioner  upon  said  payment  of  said 
sum  of  $201,  together  with  interest  of  said  sum  from  May  24,  1917,  at 
the  rate  of  six  per  cent  per  annum,  and  that  the  court  make  such  other 
order  in  the  premises  as  may  be  proper. 

Dated  

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1597-1607. 


Forms  1837-1839         Cowdery's  Form  Book.  676 

No.  1837.     Order  Appointing  Time  for  Hearing  Petition  for  Order  Di- 
recting Conveyance  of  Land. 
[Title  of  Court  and  Estate.] 

On  reading  and  filing  the  petition  of  praying  for  an  order  of 

this  court  directing  the  administrator  of  the  above-named  estate  to 
complete  the  agreement  of  his  decedent  by  executing  to  said  petitioner 

a  deed  of  that  certain  real  property  situated  in county,  California, 

and  described  as  follows:  [Description.] 

It  is  hereby  ordered  that ,  19 — ,  and  the  courtroom  of  this  covirt, 

be  and  the  same  hereby  are  appointed  as  the  time  and  i)lace  for  hearing 
said  petition,  when  and  where  any  persons  interested  in  said  estate 
may  appear  and  make  objections  to  granting  said  petition;  and  the 
clerk  of  this  court  is  hereby  directed  to  publish  due  notice  thereof  in 

the  " ,"  a  newspaper  published  in  said  county,  for  not  less  than  four 

successive  weeks  before  said  hearing. 

Dated ,  19—. 

,  Judge  of  Superior  Court. 

No.  1838.    Objections  to  Petition  for  Order  Directing  Administrator  to 

Convey  Land. 
[Title  of  Court  and  Estate.] 

Now  comes  A.  B.,  an  heir  at  law  of  said  deceased,  and  objecting  to 
the  petition  of  C^  D,  for  an  order  directing  the  administrator  of  the 
estate  of  E.  F.,  deceased,  to  convey  to  him  the  land  described  in  his 
petition,  for  cause  of  contest  alleges  the  fact  to  be  that  the  alleged 
written  contract  to  convey  was  not  binding  upon  said  deceased,  because 
said  alleged  contract  was  not  signed  by  the  said  deceased. 

Dated  ,  [Signature.] 

NOTE. — Any  interested  person  may  appear  and  by  written  objections  con- 
test such  petition:   California,  Code  Civ.  Proc,  sec.  1599. 

No.  1839.    Order  Dismissing  Without  Prejudice  Petition  for  Order  to 

Convey  Land. 
[Title  of  Court  and  Estate.] 

Now,  on  this  day  of  ,  19 — ,  the  petition  of  ,  praying 

for  a  decree  authorizing  and  directing  ,  the  administrator  of  the 

estate  of  ,  deceased,  to  convey  certain  real  estate  to  petitioner, 

who  claims  to  be  entitled  thereto  under  and  by  virtue  of  a  certain  con- 
tract in  writing,  alleged  to  have  been  made  by  decedent  during  his  life- 
time, coming  on  regularly  to  be  heard,  and  after  a  full  hearing  of  the 
matter  upon  said  petition  and  the  objections  tliorelo,  and  upon  an  ex- 
amination of  the  facts  and  circumstances  of  the  claim,  the  court  finds 
that  the  right  of  petitioner  to  have  a  specific  performance  of  the  con- 
tract mentioned  in  his  petition  is  doubtful: 


677  Executors  and  Administrators.     Forms  1840-1842 

It  is  therefore  ordered  that  said  petition  be  and  the  same  is  hereby 
dismissed  without  prejudice  to  the  right  of  petitioner  to  proceed  within 
six  months  to  enforce  by  action  a  specific  performance  of  said  contract. 

Dated  ,  19—. 

,  Judge  of  Superior  Court. 

No.  1840.    Order    Denying  Petition  for  an    Order  Directing  Adminis- 
trator to  Convey  Land. 
[Title  of  Court  and  Estate.] 

The  petition  of  A.  B.  for  an  order  directing  the  administrator  of 
the  estate  of  E.  F.,  deceased,  to  convey  to  him  the  land  described  in 
his  petition,  having  been  heard  and  submitted  for  judgment,  and  it  being 
doubtful  that  the  petitioner  has  the  right  to  demand  specific  perform- 
ance of  the  contract  described  in  his  petition,  it  is  ordered  that  his 
petition  be,  and  it  is,  denied. 

[Signature.] 

NOTE. — If,  in  the  opinion  of  the  court,  the  right  of  the  petitioner  to 
have  a  specific  performance  of  the  contract  is  doubtful  the  petition  must  be 
denied.  In  such  case  action  for  specific  performance  of  the  contract  maj  be 
brought  within  six  months:   California,  Code  Civ.  Proc,  sec.  1602. 

No.  1811.     Order  Directing  Execution  of  Deed. 
[Title  of  Court  and  Estate.] 

The  petition  of  ,  praying  for  an  order  of  this  court  directing 

,  administrator  of  said  estate,  to  convey  certain  real  property  to 

petitioner,  coming  on  regularly  this  day  to  be  heard,  and  it  appearing 
from  the  proofs  ad  Inced  that  due  and  legal  notice  of  this  hearing  has 
been  given,  that  said  decedent  in  his  lifetime  duly  executed  a  contract 
in  writing  to  convoy  the  real  estate  hereinafter  described  to  said  peti- 
tioner, and  that  said  petitioner  has  in  all  respects  performed  his  part 
of  said  contract  and  is  entitled  to  the  conveyance  prayed. 

Therefore  it  is  hereby  ordered  and  decreed  that  said  ,  as  admin- 
istrator of  said   estate,  be  and  he  hereby  is   authorized  and   directed 

to  execute  a  proper  deed  to  said  ,  of  the  following  described  real 

property,  to  wit:  [Description.] 

Dated ,  19—. 

,  Judge  of  Superior  Court. 

No.  1842.    Order  Directing  Administrator  to  Execute   Conveyance  and 

Surrender  Possession. 
[Title  of  Court  and  Estate.] 

The  petition  of  ,  praying  for  an    order  of  this  court  directing 

,  administrator  of  said  estate,  to  convey  certain  real  property  to 

petitioner,  coming  on  regularly  this  day  to  be  heard,  and  it  appearing 
from  the  proofs  adduced  that  due  and  legal  notice  of  this  hearing  has 
been  given,  that  said  decedent  in  his  lifetime  duly  executed  a  contract 


Forms  1843-1845         Cowdeby's  Form  Book.  G78 

in  writii;;^  to  convey  the  real  estate  hereinafter  described  to  said  peti- 
tioner, and  that  said  petitioner  has  in  all  respects  performed  his  part 
of  said  contract  and  is  entitled  to  the  conveyance  prayed. 

Therefore  it  is  hereby  ordered  and  decreed  that  said ,  as  admin- 
istrator of  said  estate,  be  and  he  hereby  is  authorized  and  directed  to 
execute  a  proper  deed  to  said ,  of  the  following  described  real  prop- 
erty, to  wit:  [Description.] 

No.  1843.    Petition  for  Continuation  of  Administration. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  in  and  for  the  County  of  Napa, 
State  of  California: 

Now  comes  the  executor  and  all  the  legatees  and  devisees  named  in 
the  last  will  of  the  said  A.  B.,  deceased,  and  petition  the  court  to  have 
the  administration  of  the  estate  of  said  deceased  continue  for  a  longer 
period  of  time  than  that  designated  in  said  will  for  the  reason  that  the 
time  designated  in  said  will  is  June  3,  1917,  and  it  will  be  injurious  to 
the  said  estate  and  to  tlie  said  beneficiaries  to  have  the  said  administra- 
tion brought  to  a  close  at  the  date  therefor  designated. 

[Signature.] 

NOTE.— California,  Civ.  Code,  sec.  1670. 

No.  1844.    Petition  for  Authority  to  Compromise  Claim. 

[Title  of  Court  and  Estate.] 

To  the  Honorable  Superior  Court  aforesaid: 

The  petition  of  ,  executor  of  the  will  of ,  deceased,  respect- 
fully represents  that  there  has  come  to  his  possession,  as  one  of  the  as- 
sets of  the  estate  of  said  decedent,  a  promissory  note  against ,  dated 

,  19 — ,  for  the  sum  of  five  hundred  dollars,  and  that  the  interest 

accrued  and  unpaid  thereon  amounts  to  the  additional  sum  of  one  hun- 
dred and  twenty  dollars. 

That  said  is  insolvent,  and  offers  to  pay  in  liquidation  of  said 

note  the  sum  of  three  hundred  dollars ;  and  that  your  petitioner  believes 
that  it  is  for  the  best  interest  of  this  estate  that  such  offer  be  accepted. 

Wherefore  your  petitioner  prays  that  he  be  authorized  to  compromise 
said  debt  in  accordance  with  the  terms  of  said  offer,  and  give  said  debtor 
a  discharge. 

Dated ,  19—. 

— — ,  Petitioner.    ■ 
,  Attorney  for  Petitioner. 

No.  1845.    Order  to  Compromise  Debt. 

[Title  of  Court  and  Estate.] 

Upon  reading  and  filing  the  petition  of ,  executor  of  the  will  of 

,  deceased,  praying  for  authority  to  compromise  a  debt  of  six  hun- 
dred and  tv.-cnty  dollars  due  the  estate  of  said  decedent  from  ,  an 


679  Executors  and  Administrators.    Forms  1846, 1847 

insolvent  person,  and  it  appearing  that  said  debtor  has  offered  to  pay 
three  hundred  dollars  in  discharge  of  said  debt,  and  it  appearing  that 
the  best  interests  of  said  estate  will  be  promoted  by  accepting;  said  offer; 

It  is  therefore  ordered  that  said  executor  compromise  said  de:)t  by 
accepting  in  full  satisfaction  thereof  the  sum  of  three  hundred  dollars, 
and  execute  a  proper  discharge  to  said  debtor. 

Dated . 

,  Judge  of  Superior  Court. 

No.  1846.    Order  Approving  an  Administrator's  Agreement  to  Com- 
pound With  a  Debtor. 
[Title  of  Court  and  Estate.] 

A.  B.,  the  administrator  of  the  estate  of  C.  D.,  deceased,  having 
accepted  a  payment  of  $000  in  satisfaction  of  a  debt  of  $3,725.50,  ov/ing 
by  E.  F.  to  said  estate,  which  debt  was  appraised  at  $3,725.50  in  the  in- 
ventory and  appraisement  on  file  in  said  estate;  and  it  appearing  to  the 
court  that  said  E.  F.  is  insolvent,  and  that  he  has  assigned  all  his  prop- 
erty to  the  sheriff  of  the  county  of  Nevada  for  the  benefit  of  all  his  cred- 
itors, and  that  said  assignment  was  made  in  manner  and  form  as  is  by 
law  required,  and  it  appearing  that  all  the  creditors  of  the  said  E.  F. 
have  agreed  to  accept  the  same  proposition  of  their  demand,  it  is  hereby 
ordered  that  the  said  A.  B.,  as  administrator,  aforesaid,  give  the  said 
E.  F.  a  discharge  of  said  debt. 

Dated . 

,  Judge. 

NOTE. — Such  order  may  be  made  at  any  time  when  it  appears  to  be  just, 
and  for  the  best  interests  of  the  estate:  California,  Code  Civ.  Proc,  sec.  1588. 

No.  1847.    Decree  of  Final  Discharge. 
[Title  of  Court  and  Cause.] 

It  appearing  that  said  estate  has  been  fully  administered,  and  it  being 
shown  by  the  administratrix  thereof,  by  the  production  of  satisfactory 
vouchers,  that  said  administratrix  has  paid  all  sums  of  money  due  from 
her,  and  delivered  up  under  the  order  of  the  court  all  the  property  of 
the  estate  to  the  parties  entitled,  and  performed  all  acts  lawfully  re- 
quired of  her ; 

It  is  ordered,  adjudged  and  decreed,  that  said  administratrix  and  her 
sureties  be,  and  they  are  hereby,  released  and  discharged  from  all  liabil- 
ity to  be  hereinafter  incurred;  that  the  said  estate  is  fully  distributed, 
and  the  trust  settled  and  closed. 

Dated . 

,  Judge. 

NOTE. — When  the  estate  has  been  fully  administered,  and  it  is  shown 
by  the  executor  or  administrator,  by  the  production  of  satisfactory  vouchers, 
that  he  has  paid  all  sums  of  money  due  from  him,  and  delivered  up.  un.lcr 
the  order  of  the  court,  all  the  property  of  the  estate  to  the  parties  entitled, 
and   performed   all  the   acts   lawfully   required   of   him,   the   court   must   make 


Forms  1848, 1849         Cowdery's  Form  Book.  680 

a  judgment  or  rlccree  dischr.rging  him  from  all  liability  to  be  incurred  there- 
after: California,  Code  Civ.  Proc,  see.  1697;  Arizona,  Eev.  Stats.  1913,  par. 
1071;  Idaho,  Eev.  Codes,  1907,  see.  5649;  Montana,  Kevised  Codes,  see.  7696; 
Washington,  Rem.  Codes,  sec.  1608. 

No.  1848.     Complaint  by  Administrator. 
[Title  of  Court  and  Cause.] 

The  plaintiff,  as  such  administrator,  complains,  and  alleges: 

1.  [State  cause  of  action  accruing  to  the  intestate.] 

2.  Tliat  on  the  twenty-first  day  of  Februarj-,  1917,  at  N.,  the  said  A.  B. 
died  intestate,  being  at  the  time  of  his  death  a  resident  of  the  county  of 
Fresno. 

3.  That  thereafter  such  proceedings  were  had  in  the  matter  of  the  es- 
tate of  said  A.  B.  in  the  superior  court  of  the  state  of  California,  in  and 
for  the  county  of  Fresno ;  that  on  the  twenty-first  day  of  February,  1917, 
by  an  order  of  said  court  duly  given  and  made,  plaintiff  was  appointed 
administrator  of  the  estate  of  said  A.  B. ;  that  he  duly  qualified  as  such 
administrator  and  letters  of  administration  were  issued  to  him  which 
have  never  been  revoked. 

4.  That  the  plaintiff  thereupon  duly  qualified  as  such  administrator, 
and  entered  upon  the  discharge  of  the  duties  of  his  said  office,  and  that 
said  letters  of  administration  have  not  been  revoked. 

No.  1849.     Complaint  Against  Administrator  or  Executor. 
[Title  of  Court  and  Cause.] 

The  plaintiff  complains  and  alleges : 

1.  [State  cause  of  action  against  the  decedent.] 

2.  That  on  the  twenty-first  day  of  February,  1917,  at  N.,  the  said  A.  B. 
died  intestate,  being  at  the  time  of  his  death  a  resident  of  the  county  of 
Fresno. 

3.  That  thereafter  such  proceedings  were  had  in  the  matter  of  the  es- 
tate of  said  A.  B.  in  the  superior  court  of  the  state  of  California,  in  and 
for  the  county  of  Fresno ;  that  on  the  twenty-fifth  day  of  February,  1917, 
by  an  order  of  said  court  duly  given  and  made,  defendant  was  appointed 
administrator  of  the  estate  of  said  A.  B. ;  that  he  duly  qualified  as  such 
administrator  and  letters  of  administration  were  issued  to  him  which 
have  never  been  revoked. 

4.  Tliat  said  defendant,  as  such  executor  [or  administrator],  in  pur- 
suance of  an  order  of  the  superior  court  of  San  Diego  county  caused  a 
notice  to  creditors  of  said  deceased  to  be  published  in  the  "News,"  the 
same  being  the  newspaper  designated  by  said  court,  requiring  all  persons 
having  claims  against  said  deceased  to  exhibit  them,  with  the  necessary 
vouchers,  to  the  said  executor  [or  administrator],  at  [specify  the  place] y 
the  same  being  specified  therein  as  his  place  of  business,  within  ten 
months  after  the  first  publication  of  said  notice;  that  said  notice  was 
first  published  on  the  eighth  day  of  June,  1917. 

5.  That  on  the  twenty-seventh  day  of  May,  1917,  at  M.,  the  claim 
hereinbefore  set  forth,  verified  by  the  oath  of  the  claimant,  and  upon 


681  Executors  and  Administrators.  Form  1850 

which  this  action  is  founded,  was  duly  presented  in  writing  by  the  jjlain- 
tiff  to  the  defendant,  as  such  administrator  [or  executor],  for  allowance. 
And  that  the  same  was  by  him,  as  such  administrator  [or  executor],  re- 
jected on  the  thirty-first  day  of  May,  1917;  that  a  copy  of  said  claim  as 
presented  is  hereunto  attached  and  made  a  part  of  this  complaint. 

No.  1850.    Application  of  Creditors  for  Executor  to  Recover  Property. 

[Title  of  Court  and  Estate.] 

The  application  of and respectfully  shows : 

That  they  are  creditors  of  the  estate  of ,  deceased,  to  the  aggre- 
gate amount  of dollars ;  that  their  respective  claims  have  been  duly 

presented  to  the  administrator  and  allowed  by  him,  and  have  also  been 
approved  by  a  judge  of  this  court,  and  are  filed  herein,  and  are  ranked 
among  the  acknowledged  debts  of  the  estate. 

That  there  is  a  deficiency  of  assets  in  the  hands  of  the  administrator 
of  the  estate  to  pay  the  claims  of  petitioners,  as  is  shown  by  the  inven- 
tory and  appraisement  on  file,  and  by  the  account  of  the  administrator 
of  said  estate  heretofore  filed  herein,  which  are  hereby  referred  to  and 
made  a  part  hereof. 

That  in  his  lifetime  deceased  was  possessed  of  the  following  described 
real  estate,  to  wit  [description],  and  also  of  the  following  goods  and 
chattels,  to  wit  [description]. 

That  on  the day  of .  19 — ,  he  conveyed  all  of  said  property 

to  one  ,  which  ]ietitioncrs  are  informed  and  believe,  and  therefore 

allege,  was  done  by  said ,  now  deceased,  and  accepted  by  said  , 

with  an  intent  on  the  part  of  each  to  defraud  the  creditors  of ,  now 

deceased,  and  to  hinder  and  delay  them  from  collecting  the  amounts 
justly  due  to  them  from  him. 

That  said  estate  and  property,  if  now  in  the  hands  of  said  adminis- 
trator, would  pay  off  a  large  amount  of  the  debts  due  petitioners. 

That  petitioners  have  made  api^lication  to  said  administrator  to  com- 
mence and  prosecute  to  final  judgment  an  action  for  the  recovery  of  said 
property  on  behalf  of  said  estate,  and  have  offered  and  now  offer  to  pay 
such  part  of  the  costs  and  expenses  of  the  suit,  or  give  such  security  to 
him  therefor,  as  this  court  shall  direct ;  but  that  said  administrator  has 
wliolly  neglected  and  refused  to  prosecute  such  action. 

Wherefore  petitioner  prays  that  a  citation  be  issued,  requiring  him  to 
siiow  cause  why  he  should  not  commence  and  prosecute  said  action,  on 
payment  of  such  part  of  the  costs  thereof,  or  upon  giving  such  security 
therefor,  as  this  court  may  direct. 

Dated . 


-,  Attorney  for  Applicants. 


Forms  1851, 1852         Cowdert's  Form  Book.  682 

No.  1851.    Order  Directing  Administrator  to  Recover  Property. 

[Title  of  Court  and  Estate.] 

The  application  of and ,  creditors  of  the  above-named  estate, 

praying  for  an  order  of  this  court  requiring  the  administrator  of  said 
estate  to  proceed  and  recover  certain  property  which  it  is  alleged  said 
decedent  fraudulently  disposed  of  in  his  lifetime,  and  it  appearing  from 
said  petition,  and  the  proofs  adduced  at  the  hearing  thereof,  that  said 
applicants  are  creditors  of  the  estate  of  said  decedent;  that  there  arc 
not  sufficient  assets  in  the  hands  of  said  administrator  to  pay  their  said 
claims ;  that  in  his  lifetime  said  decedent  was  possessed  of  the  real  and 
personal  property  hereinafter  described;  that  said  deceased,  during  his 
lifetime,  with  an  intent  to  defraud  his  creditors,  and  to  hinder  and  de- 
lay them  from  collecting  the  amounts  justly  due  to  them  from  him,  con- 
veyed to said  real  and  personal  property : 

It  is  therefore  ordered  that  said  administrator  forthwith  commence 
an  action,  and  prosecute  the  same  to  final  judgment,  to  recover  said 
property,  which  is  described  as  follows,  to  wit  [here  insert  description]  ; 
and  it  is  further  ordered  that  said  applicants  give  to  said  administrator 
a  bond,  to  be  approved  by  this  court,  in  the  penal  sum  of  seven  hundred 
and  fifty  dollars,  conditioned  that  said  applicants  will  pay  to  said  admin- 
istrator, on  his  demand,  from  time  to  time,  a  sum  sufficient  to  pay  the 
costs  and  expenses  of  such  action,  and  also  counsel  fees  therein,  and  to 
keep  said  administrator  and  said  estate  harmless  from  all  expense  on 
account  of  said  action;  and  it  is  further  ordered  that  in  case  said  action 
is  successfully  prosecuted,  said  administrator  shall  refund  to  said  npph- 
cants,  out  of  the  property  so  recovered,  all  the  expenses  of  said  action 
which  may  have  been  paid  by  them. 

Dated .  ^  Judge  of  Superior  Court. 

No.  1852.    Complaint  Against  Administrator  With  Will  Annexed. 

In  "the  Superior  Court  of  the  State  of  California,  in  and  for  the  County 

of , 

. ,  Plaintiff,  ^ 

V. 

,  as  Administrator  of  the 

Estate  of ,  Deceased, 

Defendant.^ 

Plaintiff  complains  of  defendant  as  the  administrator  aforesaid,  and 
for  cause  of  action  alleges: 

1.  [State  the  cause  of  action  against  the  decedent.] 

2.  That  subsequently,  on  the  day  of  ,  19—,  said  died, 

leaving  a  last  will  wherein  he  named executor  thereof;  that  there- 
after on  the  day  of  ,  19—,  said  will  was  duly  proved  in  the 

superior  court  of  the  county  aforesaid,  and  by  the  judgment  of  such 
court  duly  admitted  to  probate;  that  thereupon,  on  said  day,   lettei-s 


683  Executors  and  Administrators.    Forms  1853, 1854 

testamentary  were  duly  issued  out  of  said  court  to  ,  as  executor 

of  said  will,  which  trust  he  thereupon  accepted  and  duly  qualified  for 
by  taking  an  oath  and  executing  a  bond  as  required  by  law. 

No.  1853.     Order  that  Application  for  Letters  of  Administration  and 

Contest  for  Letters  WiU  be  Heard  Together. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  the  application  of  A.  B.  for  letters  of  administra- 
tion upon  the  estate  of  E.  F.,  deceased,  and  the  contest  of  C.  D.  opposing 
the  petition  of  A.  B.,  and  the  petition  of  C.  D.  that  letters  of  adminis- 
tration be  granted  to  him  upon  said  estate,  be  set  for  hearing  on  the 
third  day  of  June,  1917,  at  10  o'clock  A.  M.,  and  be  heard  together. 

[Signature.] 

NOTE.— California,    Code   Civ.    Proc,    sec.    1374. 

No.  1854.    Order  Appointing  Executor  in  Place  of  Executor  Removed 

Because  of  Contempt  of  Court. 
[Title  of  Court  and  Cause.] 

Be  it  known  that  on ,  19—, ,  the  executor  of  the  will  of , 

deceased,  was  ordered  by  this  court  to  file  an  account  of  his  administra- 
tion  within  ten   days  from  ,  19 — ,   which   order   was   not   obeyed; 

whereupon  the  said ,  was  cited  to  answer  for  contempt  of  this  court 

because  of  said  disobedience  and  after  a  full  hearing  he  was  committed 
to  the  custody  of  the  sheriff  of  said  county  until  he  obeyed  said  order, 
and  has  remained  in  said  custody  for  thirty  days  without  obeying  said 
order,  or  purging  himself  otherwise  of  contempt;  now,  for  the  reasons 
aforesaid,  the  letters  issued  to  him,  the  said ,  as  executor  as  afore- 
said, are  hereby  revoked. 

And  C.  L.  M.  is  hereby  appointed  administrator  with  the  will  annexed 
of  the  estate  of  said  deceased  in  place  of  the  said  C.  D.,  and  the  clerk  of 
this  court  is  ordered  to  issue  said  letters  upon  his,  the  said  C.  L.  M.,  filing 
a  bond  as  by  law  required  in  the  sum  of  $20,000,  to  be  approved  by  tlie 
judge  of  this  court. 

[Signature.] 

NOTE. — The  court  has  power  to  include  in  its  order  of  revoking  letters 
an  order  appointing  a  person  to  the  trust  reposed  in  the  person  removed ; 
California.  Code  Civ.  Proc,  sec.  1721;  Montana,  Eev.  Codes,  sec.  7719;  North 
Dakota,  Probate  Code,  sees.  6362-6371;  South  Dakota,  Probate  Code,  sec. 
343;  Utah,  Rev,  Stats.,  see.  3840. 


Forms  1858, 1859         Cowdery  's  Form  Book.  684 


EXTRADITION. 

1858.  Requisition   upon    another   governor    or    foreign    government. 

1859.  Warrant  of  arrest  on  extradition. 

No.  1858.    Requisition  upon  Another  Governor  or  Foreign  Government. 

Executive  Office,  Lewiston,  Idaho  Territory, 
United  States  of  America,  A.  D.  1863. 
To  His  Excellency  the  Governor  of  British  Columbia,  or  of  the  State  of 
California: 
Be  it  known,  that  on  this  twenty-third  day  of  October,  A.  D.  1863, 
personally  appeared  before  me,  W.  H.  Wickersham,  who  presented  to 
me  an  affidavit  by  him  made,  which  is  in  due  form  of  law,  and  which 
declares  that  a  murder  and  highway  robbery  has  been  committed  in  this 
territory;  and  William  Johnson,  G.  Clark,  D.  Smith,  and  F.  Perkins, 
committed  the  same;  and  that  they,  the  aforesaid  William  Johnson, 
G.  Clark,  D.  Smith  and  F.  Perkins  have  fled  from  this  territory  to 
British  Columbia,  or  to  the  state  of  California ;  therefore,  I  request  that 
the  said  fugitives  be  delivered  up  to  Hill  Beachy  and  Thomas  Farrell, 
citizens  of  the  United  States  and  of  Idaho  Territory,  whom  I  hereby 
appoint  and  constitute  the  proper  authorities  to  receive  the  aforesaid 
fugitives,  under  the  treaty  between  the  United  States  and  Great  Britain, 
bearing  date  of  August  the  ninth,  1842,  so  that  the  aforesaid  fugitives 
may  be  tried  in  this  territory,  in  accordance  with  the  laws  of  this  terri- 
tory and  of  the  United  States. 

William  B.  Daniels, 
Acting  Governor  of  Idaho  Territory,  in  the  U.  S.  of  America. 
In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  of  Idaho 
Territory,  at  Lewiston,  this  twenty-third  day  of  October,  A.  D.  1863,  and 
of  the  Independence  of  the  United  States  the  eighty-eighth. 

[Seal]  Wm.  B.  Daniels, 

Secretary  of  Idaho  Territory. 

NOTE.— See  Matter  of  Romaine,  23  Cal.  526. 

No.  1859.    Warrant  of  Arrest  on  Extradition. 

State  of  California,  Executive  Department, 
Sacramento,  Nov.  2,  1863. 
To  the  People  of  the  State  of  California,  to  any  Sheriff,  Constable,  Mar- 
shal, or  Police  Officer,  in  this  State : 
Whereas,  a  requisition  has  been  made  upon  me,  as  the  governor  of 
the  state  of  California,  for  the  arrest  and  delivery  to  the  proper  person 
of  William  Johnson,  G.  Clark,  D.  Smith  and  F.  Perkins,  charged  with 
the  crime  of  murder  and  highway  robbery,  in  the  territory  of  Idaho,  and 
said  requisition  being  issued  in  proper  form,  by  William  B.   Daniels, 
acting   governor   of   the    territory    aforesaid,    you    are    therefore    com- 
manded, forthwith,  to  arrest  the  above-mentioned  Wm.  Johnson,  G.  Clark, 


685  False  Representations.        Forms  1862,  1863 

D.  Smith  and  F.  Perkins,  and  deliver  them  into  the  custody  of  Hill 
Beachy  and  Thomas  Farrell,  who  have  been  appointed  agents  of  the  ter- 
ritory of  Idaho,  to  receive  the  said  fugitives  from  justice,  and  to  convey 
them  to  the  said  territory  of  Idaho  for  trial. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the  great 
seal  of  state  to  be  affixed,  at  my  office,  in  Sacramento,  California,  this 
second  day  of  November,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-three. 

[Seal]  Leland  Stanford, 

Governor  of  California. 
A.  H.  H.  Tuttle, 
Secy,  of  State. 

NOTE. — Precedent  in  Matter  of  Romaine,  23  Cal.  588. 


FALSE  IMPRISONMENT. 

1862.  Complaint   for  damages   for   false   imprisonment. 

No.  1862.    Complaint  for  Damages  for  False  Imprisonment. 

[Title  of  Court  and  Estate.] 

The  plaintiff  complains  and  alleges: 

1.  That  on  the  twelfth  day  of  July,  1917,  at  P.,  the  defendant  im- 
prisoned him  for  ten  days  [or  hours,  as  the  case  may  be],  without  prob- 
able cause  [state  special  damages,  if  any],  to  the  damage  of  the  plaintiff 
$1,250. 

Wherefore  plaintiff  prays  [etc.]. 

[Signature.] 

FALSE  REPRESENTATIONS. 

1863.  Complaint  for  daojaagea  for  misrepresentations  as  to  mining  property. 

1864.  Complaint  for  fraudulent  representations  in  procuring  credit. 

No.  1863.    Complaint  for  Damages  for  Misrepresentations  as  to  Mining 
Property. 

[Title  of  Court  and  Cause.] 

August  Ahrens,  the  plaintiff  in  this  suit,  complains  of  Bar  Adler, 
the  defendant,  and  for  cause  of  action  alleges:  That  on  the  thirty-first 
day  of  July,  A.  D.  1863,  and  also  on  divers  days  and  times  previous 
thereto,  as  Avell  as  after  that  date,  and  up  to  the  tenth  day  of  October, 
1863,  at  the  city  of  San  Francisco,  the  defendant,  Bar  Adler,  having 
offered  to  this  plaintiff  that  he  would  convey,  by  a  certain  instrument 
commonly  called  a  mining  deed  or  conveyance,  the  undivided  one-half 
part  of  the  interest  which  he,  .the  defendant,  then  possessed  in  the 
following  enumerated  veins  or  lodes  of  rock,  containing,  as  defendant 
alleged,  precious  metals  of  gold,  silver,  and  copper,  situate  in  the  then 
territory,  now  state,  of  Nevada,  described  as  follows,  to  wit:     [Here 


Form  1863  Cowdery 's  Form  Book.  686 

was  described  in  detail  the  various  veins  and  lodes],  upon  condition 
that  this  plaintiff  should  render  services  and  perform  labor  by  him- 
self and  servants  between  that  date  and  the  sixteenth  day  of  November, 
18G3,  as  house  builder  and  mechanic,  on  certain  buildings  of  the  prop- 
erty of  the  defendant,  which  he  was  then  about  to  commence  the  con- 
struction of,  situate  on  the  north  side  of  Sacramento  street,  between 
Dupont  and  Stockton  streets,  in  the  city  of  San  Francisco;  and  also 
furnish  materials  to  be  used  in  the  construction  of  said  buildings,  such 
as  brick,  lumber,  lime,  and  such  other  materials  as  are  generally  used 
in  the  construction  of  brick  buildings,  to  the  defendant,  to  the  extent, 
price,  and  sum  of  one  thousand  four  hundred  dollars,  at  the  then 
gold  marliet  price  for  such  labor  and  materials;  did  willfully,  know- 
ingly, falsely  and  fraudulently,  and  with  intent  to  cheat  and  defraud 
the  plaintiff,  falsely  and  fraudulently  represent,  say  and  declare  to 
this  plaintiff  that  the  interest  which  the  defendant  then  offered  to 
convey  to  plaintiff  in  said  several  mines,  lodes  or  ledges  was  of  great 
value;  that  the  said  interest  was  of  the  market  value  of  three  thou- 
sand dollars ;  that  the  said  mines  were  well  known ;  that  the  defendant 
then  took  from  his  pocket  and  delivered  to  plaintiff,  for  the  purpose 
and  with  intent  fraudulently  to  induce  plaintiff  to  purchase  said  in- 
terest, a  piece  or  sample  of  very  rich  gold-bearing  quartz,  rock,  or 
ore  (which  is  here  produced)  ;  and  the  defendant  then  stated  to  plain- 
tiff, that  of  his  own  knowledge  the  specimen  or  sample  of  rock  in 
question  had  been  taken  from  the  said  Minnehaha  Mine  or  Ledge;  that 
he  had  taken  it  therefrom;  and  that  said  specimen  in  point  of  richness 
and  value  was  scarcely  a  fair  average  specimen  or  sample  of  the  ore 
of  said  mine;  that  the  said  mine  was  a  large  one;  that  the  lode  or 
ledge  was  from  fourteen  to  twenty  feet  in  thickness  at  the  croppings 
or  surface;  that  it  grew  wider  all  the  wa.y  below  the  surface  to  the 
depth  of  one  hundred  and  thirty  feet,  to  which  depth  the  mine  had  been 
opened;  that  said  mine  contained  tens  of  thousands  of  tons  of  rock 
or  ore  as  rich,  if  not  richer,  in  gold  than  the  sample  or  specimen  shown 
as  aforesaid;  that  said  ledge  or  lode  then  commanded  in  the  market 
liere  one  hundred  dollars  per  foot;  that  the  defendant  had  examined 
said  several  mines;  that  he  found  that  they  were  one  and  all  rich  in 
gold,  silver,  and  copper;  that  he  found  the  said  ]\Iountain  Queen  Ledge, 
Lode,  or  Mine  w^as  richer  even  than  the  Minnehaha  Queen  Ledge,  Lode, 
or  Mine ;  that  he  would  guarantee  to  the  plaintiff  that  the  Minnehaha 
Ledge  would  be  worth  and  command  in  this  market  one  thousand  dollars 
per  foot  witliin  the  sixty  days  then  next  ensuing;  that  he  would  warrant 
that  the  interest  which  he  proposed  to  convey  to  plaintiff  in  said  several 
mines  or  lodes  as  aforesaid,  before  the  close  of  the  year  1863,  would  com- 
mand in  this  market  forty  thousand  dollars  to  sixty  thousand  dollars; 
that  if  plaintiff  would  take  said  interest  and  pay  the  consideration  afore- 
said, and  if  afterwards  plaintiff  sliould- think  he  made  a  bad  bargain,  that 
he  (the  defendant)  would  bring  forthwith  a  good,  wealthy  man  to 
plaintiff  who  would  take  said  interest  off  plaintiff's  hands,  and  pay 
him  fourteen  hundred  dollars  therefor,  and  a  large  profit  besides;  that 


687  False  Representations.  Form  i6ii'6 

the  defendant  was  a  wealthy  Jew;  that  he  knew  plaintiff  was  not  a 
Jew,  but  that  plaintiff's  wife  was  a  Jewess,  and  because  plaintiff's 
wife  was  a  Jewess  the  defendant  was  plaintiff's  friend,  and  that  the 
defendant  honestly  desired  to  help  plaintiff;  that  if  plaintiff  would 
take  the  defendant's  sacred  word  of  honor  in  said  matter  and  purdiase 
said  mininjr  interests,  this  plaintiff  would  at  once  become  wealthy; 
that  plaintiff  should  keep  quiet  about  said  affair;  that  the  offer  which 
he  then  made  to  plaintiff  in  point  of  liberality  was  such  an  one  that 
he  would  make  to  no  one  but  plaintiff;  that  he  would  not  like;  that 
said  offer  would  be  noised  about,  for  fear  that  his  (the  defendant's) 
wife  might  hear  of  it ;  that  if  she  should  hear  of  it  she  would  lock  him 
out  of  doors;  that  she  was  in  the  habit  of  serving  him  in  that  manner 
very  often;  that  she  generally  served  him  rightly. 

That  plaintiff,  relying  upon  said  representations,  on  the  thirty-first 
day  of  July,  1863,  accepted  the  defendant's  said  offer,  and  entered  into 
a  building  contract  or  agreement  with  the  defendant,  whereby  plaintiff 
agreed  to  render  and  perform  by  himself  and  servants,  labor  as  house 
builder  and  contractor,  and  to  furnish  building  materials  as  aforesaid, 
and  to  work  up  the  same  into  and  about  the  two  brick  buildings,  the 
property  of  the  defendant  aforesaid,  to  the  value,  at  the  market  price 
for  such  labor  and  materials,  of  one  thousand  four  hundred  dollars 
($1,400). 

That  the  plaintiff  fully,  in  all  respects,  furnished  the  materials  for, 
and  performed  the  labor  on,  said  buildings,  to  the  value,  at  the  gold 
market  price,  of  one  thousand  and  four  hundred  dollars;  and  the 
plaintiff  duly  performed  all  the  conditions  of  said  agreement  on  his 
part  to  be  kept  and  performed,  and  on  the  tenth  day  of  October,  1863, 
plaintiff  became  entitled  to  a  deed  of  said  mining  interest  from  the 
defendant,  and  afterwards,  on  the  said  tenth  day  of  October,  1863, 
the  defendant,  in  consideration  of  the  sum  of  one  thousand  four  hun- 
dred dollars,  which  had  been  previously  paid  to  him  in  building  materials 
and  labor  as  aforesaid,  made  and  delivered  to  plaintiff  a  deed  or  con- 
veyance of  the  mining  interest  aforesaid.  That  in  truth,  and  as  the 
defendant  then  and  all  the  time  well  knew,  the  said  mining  interest 
Avas  not  of  great  value,  or  of  any  value  whatsoever;  that  the  same  was 
vrorthless  and  unsalable;  that  said  sample  or  specimen  of  quartz  had 
not  been  taken  by  defendant  from  the  Minnehaha  Ledge;  that  defend- 
ant had  not  visited  or  examined  said  mines;  that  the  said  mines  were 
unknown:  that  said  specimen  or  sample  was  not  an  average  sample  of 
the  ore  of  said  JiTinnehaha  Mine,  or  of  any  said  mines  or  lodes;  that 
in  truth  the  said  specimen  proves  to  be  a  piece  of  California  gold- 
bearing  quartz;  that  the  said  Minnehaha  Mine  is  not  a  large  one;  that 
there  was  no  such  mine;  in  fact,  that  said  mine  is  not  fourteen  to 
tv>^enty  feet  in  thickness  at  the  surface,  nor  does  the  same  grow  wider 
below  the  surface  of  the  earth;  that  said  mine  had  not  been  opened; 
that  said  mine  does  not  contnin  tens  of  thousands  of  tons  of  rock  or 
ore  as  rich  as  the  specimen  shown  by  defendant,  or  any  rock  of  that 
quality  or  richness,  or  of  any  richness  whatever ;  that  said  ledge  or  mine 


Form  1864  Cowdery's  Form  Book.  688 

did  not  then  or  at  any  time  sell  for  one  hundred  dollars  per  foot;  that 
the  defendant  had  not  examined  any  of  said  mines  or  lodes;  that  none 
of  said  mines  were  or  are  rich  in  gold,  or  silver,  or  copper;  that  the 
Mountain  Queen  Ledge  Avas  not  rich ;  that  tliere  was  no  such  mine ;  that 
the  Minnehaha  Ledge  did  not  at  any  time  command  one  thousand 
dollars  a  foot  in  this  or  any  other  market,  or  any  other  price  per  foot ; 
that  the  said  mining  interest  did  not  at  any  time  during  the  year  18G3 
command  forty  thousand  dollars,  or  sixty  thousand  dollars,  or  any  other 
price;  that  in  due  time  plaintiff  did  think  he  had  made  a  bad  bargain 
and  requested  defendant  to  produce  a  man  who  would  take  said  inter- 
est off  plaintiff's  hands  for  one  thousand  four  hundred  dollars;  that 
defendant  did  not  produce  such  man  or  any  man;  that  defendant  did 
not  desire  to  help  plaintiff;  that  plaintiff  did  take  and  act  upon  defend- 
ant's sacred  word  of  honor  on  said  matter. 

And  the  following  is  the  sequel;  that  plaintiff  did  not  become 
wealthy  by  the  purchase  of  said  mining  interest;  that  the  said  miniug 
deed  has  not  been  recorded;  that  within  thirty  days  after  the  deliv- 
ery thereof  by  defendant  to  plaintiff,  this  plaintiff  discovered  for  the 
first  time  that  he  had  been  misled  and  defrauded  by  the  defendant  in 
the  premises;  that  is  to  say,  that  said  mining  interest  was  absolutely 
worthless,  and  never  had  been  of  any  value  whatsoever. 

That  by  reason  of  the  premises  herein  above  stated,  this  plaintiff 
has  been  misled,  cheated,  wronged  and  defrauded  by  the  defendant, 
to  plaintiff's  damages  in  the  sum  of  two  thousand  five  hundred  dollars. 

Wherefore,  plaintiff  demands  judgment  against  the  defendant  in  the 
sum  of  two  thousand  five  hundred  dollars,  with  costs. 

[Signature.] 

NOTE. — Precedent  in  Ahrens  v.  Adler,  33  Cal.  609. 

No.  1864.    Complaint    for    Fraudulent    Representations    in    Procuring 

Credit. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  twenty-second  day  of  March,  1917,  the  defendant 
represented  to  the  plaintiff  that  one  C.  D.  was  solvent  and  in  good  credit, 
and  worth  $2,750  over  all  his  liabilities. 

2.  That  the  plaintiff  was  thereby  indviced  to  sell  to  the  said  C.  D. 
[state  articles  sold]  of  the  value  of  $2,250,  on  three  months'  credit. 

3.  That  the  said  representations  were  false  in  this,  that  the  said 
C.  D.  was  not  then  and  there  solvent  and  in  good  credit,  and  worth 
$2,750  over  all  his  liabilities;  bi;t,  on  the  contrary  thereof,  the  said 
C.  D.  was  then  and  there  insolvent  and  not  in  good  credit,  all  of  which 
was  well  known  to  the  defendant,  and  said  representations  were  made 
by  him  with  intent  to  deceive  and  defraud  the  plaintiff  [or  to  deceive 
and  injure  the  plaintiff]. 

4.  That  the  said  C.  D.  did  not  pay  for  the  said  goods  at  the  expira- 
tion of  the  credit  aforesaid  [or  has  not  paid  for  the  said  goods,  and  the 
plaintiff  has  wholly  lost  the  same  by  reason  of  the  premises] . 


G89  Family  Allowance. 


FAMILY  ALLOWANCE. 

1873.  Petition    for   provision   for   support    of    family   pending   return    of 

inventory. 

1874.  Order   for   support   of   family   wntil   inventory   returned. 

1875.  Petition  for  order  setting  apart  personalty   and  for  family  allow- 

ance. 

1876.  Order  for  family  allowance  and  setting  apart  personal  property. 

INTRODUCTORY  NOTE. 

Widow  and  Minor  Children  may  Remain  in  Decedent's  House, 
etc. — When  a  person  dies  leaving  a  widow  or  minor  children,  the 
widow  or  children,  until  letters  are  granted  and  the  inventory  is  re- 
turned, are  entitled  to  remain  in  possession  of  the  homestead,  of  all 
the  wearing  apparel  of  the  family,  and  of  all  the  household  furniture 
of  the  decedent,  and  are  also  entitled  to  a  reasonable  provision  for 
their  support,  to  be  allowed  by  the  superior  court,  or  a  judge 
thereof:  California,  Code  Civ.  Proc,  sec.  1464. 

All  Property  Exempt  from  Execution  to  be  Set  Apart  for  Use  of 

Family. — Upon  the  return  of  the  iuventory,  or  at  any  subsequent 
time  during  the  administration,  the  court  may  on  petition  there- 
for, set  apart  for  the  use  of  the  surviving  husband  or  wife,  or,  in 
case  of  his  or  her  death,  to  the  minor  children  of  the  decedent,  all 
the  property  exempt  from  execution,  including  the  homestead 
selected,  designated,  and  recorded ;  provided  such  homestead  was 
selected  from  the  common  property,  or  from  the  separate  prop- 
erty, of  the  persons  selecting  or  joining  in  the  selection  of  the 
same.  If  none  has  been  selected,  designated,  and  recorded,  or  in 
case  the  homestead  was  selected  by  the  survivor  out  of  the  sepa- 
rate property  of  the  decedent,  the  decedent  not  having  joined 
therein,  the  court  must  select,  designate  and  set  apart,  and  cause 
to  be  recorded,  a  homestead  for  the  use  of  the  surviving  husband 
or  wife,  and  the  minor  children ;  or  if  there  be  no  surviving  hus- 
band or  wife,  then  for  the  use  of  the  minor  children,  out  of  the 
common  property,  or  if  there  be  no  common  property,  then  out 
of  the  real  estate  belonging  to  the  decedent :  California,  Code  Civ. 
Proc,  sec.  1465. 

NOTE. — Alaska,  Comp.  Laws  1913,  sees.  1647-1651;  Arizona,  Rev. 
Stats.  (Civ.  Code  1913),  sec.  865;  Calif ornia,  Code  Civ.  Proc,  sees.  1464, 
1465;  Colorado,  Mill's  Ann.  Stats.  1912.,  sec.  7995  et  seq;  Hawaii,  Rev. 
Code  1915,  sec.  2491;  Idaho,  Rev.  Codes  1907,  see.  5440;  Kansas,  Gen. 
Stats.  1915,  sec.  4533  et  seq.;  Montana,  Rev.  Codes  1907,  sec.  7508;  Ne- 
braska, Rev.  Code  1913,  sec.  1.''.64;  Nevada,  Rev.  Laws  1912,  sec.  5958; 
North  Dakota,  Comp.  Laws  1913,  see.  8725  et  seq.;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec.  6331  et  seq.;  Oregon,  Lord's  Oregon  Laws,  sec.  1233 

Form  Book — 44 


Forms  1873, 1874         Cowdery's  Form  Book.  690 

et  scq.;  South  Dakota,  Comp.  Laws  1913,  sec.  5779;  Utah,  Comp.  Laws 
1907,  sec.  3846;  Washington,  Eem.  Code,  see.  1465;  Wyoming,  Comp. 
Stats.   1910,   sec.   5602    et   seq. 

No.  1873.    Petition  for  Provision  for  Suppox-t  of  Family  Pending  Re- 
turn of  Inventory. 
[Title  of  Court  and  Estate.] 

To  the  Honorable  Superior  Court  of  the  City  and  County  of  San  Fran- 
cisco, State  of  California: 

The  petition  of  M.  T.,  the  administratrix  of  the  estate  of  J.  T.,  de- 
ceased, respectfully  shows : 

That  said  J.  T.  died  on  the  seventeenth  day  of  May,  1917,  leaving  a 
widow,  M.  T.,  and  three  minor  children. 

That  letters  of  administration  of  the  estate  of  said  deceased  have  been 
granted  to  your  petitioner,  and  that  no  inventory  has  yet  been  returned. 

That  said  M.  T.  is  without  estate  of  her  own,  and  wholly  dependent 
upon  said  estate  for  maintenance;  that  said  estate  is  amply  able  to  pro- 
vide an  allowance  to  said  M.  T.  for  her  support,  to  the  extent  of  one 
hundred  dollars  per  month,  gold  coin  of  the  United  States,  which  is  a 
reasonable  amount  for  that  purpose,  according  to  her  circumstances  and 
accustomed  mode  of  life. 

Wherefore  your  petitioner  prays  that  an  allowance  out  of  said  estate, 
to  said  amount  of  one  hundred  dollars  per  month,  gold  coin  of  the  United 
States,  be  made  by  your  honor  for  the  support  of  the  family  of  said  de- 
ceased until  the  return  of  said  inventory. 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1464,  1465. 

No.  1874.     Order  for  Support  of  Family  Until  Inventory  Returned. 
[Title  of  Court  and  Estate.] 

On  reading  and  filing  the  petition  of  M.  J.,  the  administratrix  of  the 
estate  of  T.  J.,  deceased,  praying  that  an  allowance  for  the  support  of 
the  family  of  said  deceased  be  made  out  of  the  estate  of  said  deceased, 
until  the  return  of  the  inventory,  it  is  hereby  ordered  that  the  sum  of 
one  hundred  dollars  per  month,  gold  coin  of  the  United  States,  be  appro- 
priated out  of  said  estate  for  the  support  of  said  family,  until  the  inven- 
tory be  returned,  and  M.  J.,  the  administratrix  of  the  estate  of  said  de- 
ceased, is  hereby  ordered  to  pay  the  same  monthly,  on  the  eighteenth  day 
of  each  and  every  month,  to  the  widow  of  said  deceased,  until  said  in- 
ventory be  returned,  or  until  the  further  order  of  the  court. 

Dated . 

,  Judge. 

NOTE. — In  California,  when  a  person  dies,  leaving  a  widow  or  miner 
children,  the  widow  or  children,  until  letters  are  granted  and  the  inventory 
is  returned,  are  entitled  to  remain  in  possession  of  the  homestead,  of  all  the 
wearing   apparel   of   the   family,   and   of  all   the   household    furniture    of   the 


G91  Family  Allowance.  Forms  1875,  1S7G 

decpflent,  and  are  also  entitled  to  a  reasonable  provision  for  their  support, 
to  be  allowed  by  the  court,  or  a  judge  thereof:  California,  Code  Civ.  Proc, 
sec.  1464. 

No.  1875.    Petition  for  Order  Setting  Apaxt  Personalty  and  for  Family 

Allowance. 
[Title  of  Court  and  Estate.] 

To  the  Honorable  Superior  Court  of  the  City  and  County  of  San  Fran- 
cisco, State  of  California: 

The  petition  of  M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  de- 
ceased, respectfully  shows : 

That,  on  the  third  day  of  June,  1917,  an  inventory  and  appraisement 
of  said  estate  were  duly  returned  to  said  superior  court. 

That,  as  appears  by  said  inventory  and  appraisement,  said  estate  has 
been  appraised  at  the  sum  of  fourteen  thousand  one  hundred  and  thirty- 
seven  dollars. 

That  the  debts  of  said  estate  are  few,  and  do  not  exceed,  in  all  prob- 
ability, the  sum  of  three  thousand  dollars;  and  that  said  estate  is  solvent. 

That  your  petitioner  is  advised  and  believes  that  the  followinj?  per- 
sonal property,  belonging  to  said  estate,  and  mentioned  in  said  inventory 
and  appraisement,  is  by  law  exempt  from  execution,  to  wit :  One  parlor 
stove,  one  large  mirror,  two  small  mirrors,  five  carpets,  four  bedsteads, 
beds  and  bedding,  twelve  chairs,  three  tables,  one  desk,  one  sofa,  one 
cooking-stove. 

That  the  amount  of  said  personal  property,  which  is  by  law  exempt 
from  execution,  is  insufficient  for  the  support  of  the  widow  and  children 
of  said  deceased;  and  that  an  allowance  out  of  the  said  estate  is  neces- 
sary for  the  maintenance  of  the  said  family;  and  that  the  sum  of  one 
hundred  dollars,  gold  coin  of  the  United  States,  per  month,  is  a  reason- 
able allowance,  according  to  the  circumstances  of  said  family. 

Wherefore  your  petitioner  prays  tliat  all  of  the  said  personal  property 
may  be  set  apart  for  the  use  of  the  said  family;  and  that  an  allowance 
of  one  hundred  dollars,  gold  coin  of  the  United  States,  per  month  be 
made  for  the  maintenance  of  said  family,  out  of  said  estate,  during  the 
progress  of  the  settlement  of  said  estate. 

Dated . 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sees.  1464,  1465;  Ala.ska,  Comp.  Laws, 
1913,  sees.  1647-1651;  Arizona,  Rev.  Stats.  1913,  par.  865;  Idaho,  Rev.  Codes, 
1907,  sec.  5440;  Montana,  Rev.  Codes,  1907,  see.  7508. 

No.  1876.    Order  for  Family  Allowance  and  Setting  Apart  Personal 

Property. 
[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having  this 
day  made  application  to  the  judge  of  this  court,  by  petition,  for  an  order 
setting  apart,  for  the  use  of  the  family  of  the  said  deceased,  all  per- 


Form  1880  Cowdeby 's  Form  Book.  692 

sonal  property  which  is  by  law  exemj^t  from  execution,  and  making 
family  allowance,  and  the  matter  having  been  duly  considered,  it  is 
hereby  ordered  that  the  following  articles  of  personal  property,  to  wit, 
one  parlor  stove,  one  cooking-stove,  one  large  mirror,  two  small  mirrors, 
five  carpets,  four  bedsteads,  beds  and  bedding,  twelve  chairs,  three  tables, 
one  desk  and  one  sofa,  be,  and  the  same  are  hereby,  set  apart  for  the 
use  of  the  family  of  the  said  deceased;  and  that  the  same  shall  not  be 
subject  to  administration. 

And  it  is  further  ordered  that  an  allowance  of  one  hundred  dollars 
per  month,  gold  coin  of  the  United  States,  be,  and  is  hereby,  made  for 
the  maintenance  of  said  family,  out  of  the  estate,  during  the  progress  of 
the  settlement  of  said  estate,  and  the  administratrix  of  said  estate  is 
hereby  ordered  to  pay  the  same  monthly,  on  the  sixth  day  of  each  and 
every  month,  out  of  the  funds  of  said  estate  in  preference  to  all  other 
charges,  except  funeral  charges  and  expenses  of  administration,  until 
the  further  order  of  this  court. 

Dated . 

,  Judge. 

NOTE. — California,  Code  Civ.  Proc,  sec.  1465. 


FICTITIOUS  NAMES. 

1880.  Certificate  of  change  of  individual  doing  business  under  a  fictitious 

name. 

1881.  Certificate  of  person  transacting  business  under  fictitious  name. 

1882.  Certificate    of    copartnership    transacting    business    under    fictitious 

name. 

No.  1880.    Certificate  of  Change  of  Individual  Doing  Business  Under  a 
Fictitious  Name. 

Know  all  men  by  these  presents:  Whereas,  E.  L.  G.  Company,  a  cor- 
poration organized  under  the  laws  of  the  state  of  California,  heretofore, 
to  wit,  on  the  second  day  of  December,  1916,  filed  in  the  office  of  the 
county  clerk  of  the  city  and  county  of  San  Francisco,  state  of  California, 
in  accordance  with  section  2466  of  the  Civil  Code,  a  certificate  stating 
that  it,  the  said  E.  L.  G.  Company,  was  doing  business  in  California 
under  a  fictitious  name,  to  wit,  H.  N. ;  and 

Whereas,  said  E.  L.  G.  Company  is  no  longer  doing  business  under 
such  name ; 

Now,  therefore,  this  certificate  is  made  and  filed  by  the  said  E.  L.  G. 
Company  stating  that  it,  the  said  E.  L.  G.  Company,  no  longer  does  busi- 
ness under  the  name  or  style  of  H.  N. ;  that  the  place  of  residence  of  said 
E.  L.  G.  Company  is  in  San  Francisco,  California. 

In  witness  whereof,  the  said  E.  L.  G.  Company  has  hereunto  set  its 
hand  and  affixed  its  seal  this  thirty-first  day  of  May,  1917. 

[Seal]  E.  L.  G.  Company. 

By  C.  A.,  Secretary. 


693  Fictitious  Names.  Forms  1881,  1882 

No.  1881.  Certificate  of  Person  Transacting  Business  Under  Fictitious 
Name. 

The  undersigned,  California  Poultry  Co.,  a  corporation,  by  its  presi- 
dent and  secretary  thereunto  duly  authorized,  hereby  certifies:  That  it 
is  transacting  the  poultry,  game  and  produce  business  in  the  Spreckels 
Market,  at  751  Market  street,  in  the  city  and  county  of  San  Francisco, 
state  of  California,  under  the  name  and  style  of  the  Spreckels  Market 
Poultry  Co. ;  that  it  is  the  sole  owner  of  said  business,  and  that  no  other 
person  or  persons  are  interested  therein.  That  its  place  of  residence 
and  its  principal  place  of  business  is  315  Washington  street,  San  Fran- 
cisco, California. 

In  witness  whereof,  said  California  Poultry  Co.,  by  its  president  and 
secretary  thereunto  duly  authorized,  has  affixed  its  name  and  corporate 
seal  this  sixth  day  of  June,  1917.  California  Poultry  Co. 

By  A.  B.,  President. 
By  E.  K.  B.,  Secretary. 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

On  this  sixth  day  of  June,  "in  the  year  one  thousand  nine  hundred 
seventeen  A.  D.,  before  me,  H.  F.  S.,  a  notary  public,  duly  commissioned 
and  sworn  for,  and  residing  in  the  city  and  county  of  San  Francisco, 
state  of  California,  personally  appeared  A.  B.  and  E.  K.  B.,  known  to 
me  to  be  the  president  and  secretary  of  the  corporation  that  executed 
the  within  instrument,  and  they  acknowledged  to  me  that  said  corpora- 
tion executed  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  offi- 
cial seal  at  said  city  and  county  of  San  Francisco  the  day  and  year  first 
above  written. 

[Seal]  H.  F.  S., 

Notary  Public,  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 

No.  1882.  Certificate  of  Copartnership  Transacting  Business  Under 
Fictitious  Name. 

We,  the  undersigned,  do  hereby  certify  that  we  are  copartners  trans- 
acting a  general  garage  business,  including  storing,  cleaning,  repairing, 
renting,  buying  and  selling  automobiles  and  accessories  thereto,  under 
the  firm  name  and  style  of  "American  Garage" ;  that  the  principal  place 
of  business  of  said  copartnership  is  at  2719  Market  street,  in  the  city 
and  county  of  San  Francisco,  state  of  California;  and  that  the  names 
i]i  full  of  all  members  of  said  copartnership  and  their  respective  resi- 
dences are  as  follows,  to  wit : 

F.  R.  H.,  residing  at  No. avenue,  San  Francisco,  California,  and 

J.  T.  C,  residing  at  No. street,  San  Francisco,  California. 

In  witness  whereof,  we  have  hereunto  set  our  hands  this  day  of 

June,  .  J,    ^   ^ 

J.  T.   C. 


Form  1887  Cowdery 's  Form  Book.  694 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

On  this day  of ,  in  the  year  one  thousand  nine  hundred  and 

seventeen,  before  me,  D.  B.  R.,  a  notary  public,  in  and  for  the  city  and 
county  of  San  Francisco,  state  of  California,  residing  therein,  duly  com- 
missioned and  sworn,  personally  appeared  F.  R.  H.  and  J.  T.  C,  known 
to  me  to  be  the  persons  described  in  and  whose  names  are  subscribed  to 
the  within  instrument,  and  acknowledged  to  me  that  they  executed  the 
same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  offi- 
cial seal,  at  my  office  in  said  city  and  county  of  San  Francisco,  state  of 
California,  the  day  and  year  in  this  certificate  first  above  written. 

[Seal]  , 

Notaiy  Public,  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 

FINDINGS. 

See  Divorce. 
1887.    Findings — Decision  of  court. 

INTKODUCTORY  NOTE. 

Upon  Trial  by  Court,  Decision  to  be  in  Writing, — ^Upon  the  trial 
of  a  question  of  fact  by  the  court,  its  decision  must  be  given  in 
writing  and  filed  with  the  clerk  within  thirty  days  after  the  cause 
is  submitted  for  decision :  California,  Code  Civ.  Proc,  sec.  632. 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  1204;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sec.  528;  California,  Code  Civ.  Proc,  sees.  632-634; 
Colorado,  Mill's  Ann.  Code,  sec.  271;  Idaho,  Rev.  Codes  1907,  sec.  4407; 
Montana,  Rev.  Codes  1907,  sec.  6763;  Nebraska,  Rev.  Code  1913,  sec. 
7865;  Nevada,  Rev.  Laws  1912,  see.  5227;  North  Dakota,  Comp.  Laws 
1913,  sec.  7639;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  5017;  Oregon, 
Lord's  Oregon  Laws,  sees.  159,  405;  South  Dakota,  Comp.  Laws  1913,  sec. 
5066;  Utah,  Comp.  Laws  1907,  sees.  3169,  3177;  Washington,  Rem,  Code, 
sec.  367;  Wyoming,  Comp.  Stats.  1910,  sec,  4515. 

No.  1887.    Findings — Decision  of  Court. 
[Title  of  Court  and  Cause.] 

This  cause  came  on  regularly  for  trial  on  the  twenty-first  day  of 
August,  1917,  before  the  court  without  a  jury — a  jury  trial  having  been 
duly  waived  by  the  parties,  and  H.  E.,  Esq.,  appearing  as  attorney  for 
plaintiif,  and  C.  H.,  Esq.,  for  defendant,  and  from  the  evidence  intro- 
duced the  court  finds  the  facts  as  follows,  to  wit: 

1.  That  on  the  sixteenth  day  of  May,  1917,  said  defendant  executed 
and  delivered  to  plaintiff  the  promissory  note  set  forth  in  the  complaint 
herein. 

2.  That  said  note  was  executed  for  and  in  consideration  of  $700  United 
States  gold  coin,  loaned  by  plaintiff  to  defendant  at  the  date  thereof. 


695  Forcible  Entry  and  Detainer.  Form  1898 

3.  That  $250,  and  no  more,  United  States  gold  coin  has  been  paid  on 
account  thereof. 

4.  That  the  amount  or  principal  and  interest  now  due  and  unpaid 
according  to  the  terms  of  said  note,  is  $517.75,  United  States  gold  coin. 

[Or  (in  lieu  of  1,  2,  3,  4) ;  The  court  finds:  That  all  the  allc-rations  of 
the  complaint  herein  are  true;  or,  The  court  finds  that  all  the  allegations 
of  the  answer  herein  are  true;  or,  That  defendant  made  and  paid  the 
note  and  all  the  interest  thereon  before  action.] 

As  a  conclusion  of  law  from  the  foregoing  facts,  the  court  finds  that 
plaintiff  is  entitled  to  judgment  in  the  sum  of  $517.75,  in  United  States 
gold  coin,  and  costs  of  suit,  and  it  is  ordered  that  judgment  be  entered 
accordingly;  [or,  that  defendant  is  entitled  to  judgment  for  costs;  or, 
on  his  counterclaim,  etc.]. 

Dated . 

,  Judge. 

FORCIBLE  ENTRY  AND  DETAINER. 

See  Unlawful  Detainer. 

1898.  Complaint  for  forcible  entry. 

1899.  Complaint  for  forcible  entry  and  detainer. 

1900.  Complaint  for  forcible  detainer. 

1903.  Complaint   for   forcible   entry    and   detainer — New  Mexico. 

1904.  Affidavit  to  complaint  for  forcible  entry  and  detainer — New  Mexico. 

1905.  Summons  in  forcible  entry  and  detainer. 

1906.  Summons  in  forcible  entry  and  detainer — Nevada. 

1907.  Summons  in  forcible  entry  and  detainer — New  Mexico. 

1908.  Answer  to  complaint  in  forcible  entry. 

No.  1898.    Complaint  for  Forcible  Entry. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges : 

1.  That  at  the  time  hereinafter  mentioned  he  was  in  the  peaceable  and 
actual  possession  of  all  that  certain  piece  or  parcel  of  land,  described 

as  follows,  to  wit:  ,  and  of  the  dwelling-house,  barns,  and  sheds 

thereon. 

2.  That  on  the day  of ,  19 — ,  and  while  the  plaintiff  was  so 

in  possession  of  said  land  and  premises,  the  defendant,  with  violence 
and  a  strong  hand,  and  by  force,  entered  thereon,  and  broke  open  the 
doors,  windoAvs,  and  other  parts  of  said  house,  barns  and  sheds,  con- 
trary to  the  form  of  the  statute  in  such  case  made  and  provided,  and 
to  the  damage  of  the  plaintiff  in  the  sum  of dollars  ($— — ). 

Wherefore  the  plaintiff  demands  judgment  against  the  defendant  for 
treble  the  amount  of  his  damages  as  aforesaid,  and  for  the  costs  of  this 
action. 

[Signature.] 

[Verification.] 

NOTE. — Judgment  may,  in  the  discretion  of  the  court,  be  entered  for 
three   times   the   amount   of   damages   found   due. 


Forms  1899, 1900         Cowdery's  Foem  Book.  696 

No.  1899.    Complaint  for  Forcible  Entry  and  Detainer. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  day  of  ,  19—,  he  was  in  the  peaceable  and 

actual  possession  of  all  that  certain  piece  or  parcel  of  land  described  as 
follows,  to  wit :  ,  and  of  the  buildings  thereon. 

2.  That  afterward,  to  wit,  on  the  day  of  ,  19—,  and  while 

the  plaintiff  was  so  in  possession  of  said  land  and  premises,  the  defend- 
ant peaceably  entered  thereon,  and  afterwards,  and  on  the  same  day, 
forcibly  turned  out  and  expelled  the  plaintiff  therefrom,  contrary  to  the 
form  of  the  statute  in  such  case  made  and  provided,  and  to  the  damage 
of  the  plaintiff  in  the  sum  of dollars  ($ ). 

3.  That  the  said  defendant  unlawfully  and  forcibly  withholds  and 
keeps  possession  of  said  land  and  premises,  and  has  so  held  and  kept 
possession  of  the  same  at  all  times  since  the  said day  of -,  19—. 

4.  That  in  consequence  of  said  acts  the  plaintiff  has  been  deprived  of 
the  rents,  issues,  and  profits  of  said  land  and  premises,  to  his  damage  in 
the  sum  of dollars  ($ ). 

Wherefore  the  plaintiff  demands  judgment  against  the  defendant  for 
the  restitution  of  said  premises,  and  for  treble  the  amount  of  his  dam- 
ages as  aforesaid,  and  for  the  costs  of  this  action. 

[Signature.] 

[Verification.] 

NOTE— California,  Code  Civ.  Proc,  sec.  1159;  Colorado,  Mills'  Ann.  Stats., 
sec  2960;  Idaho,  Eev.  Codes  1907,  sec.  5091;  Montana,  Rev.  Codes  1907, 
sec.    7267;    Utah,    Comp.    Laws    1907,    sec.    3573;    Washington,    Rem.    Code, 

sec.    810.  ,  X      a   ^      .1. 

Judgment  may,  in  the  discretion  of  the  court,  b«  entered  for  three  times 
the   amount  of   damages  found   due. 

No.  1900.    Complaint  for  Forcible  Detainer. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges : 

1.  That  on  the day  of ,  19—,  he  was  well  entitled  to  the  pos- 
session of  the  following  described  premises,  namely:  ,  and  on  that 

day  the  defendant  peaceably,  but  without  right  so  to  do,  entered  and 
took  possession  of  the  same,  and  from  that  day  hitherto  has  kept,  and 
still  holds  and  keeps,  possession  of  the  same  unlawfully  and  by  force 
[or,  by  menaces  and  threats  of  violence  (stating  them)],  contrary  to  the 
form  of  the  statute  in  such  case  made  and  provided. 

2.  [Allege  special  injury  done  to  the  property  of  the  plaintiff,  if  any, 
and  state  the  amount  of  damages.] 

3.  That,  in  consequence  of  the  said  unlawful  acts  of  the  said  defend- 
ant, the  plaintiff  has  been  deprived  of  the  rents,  issues,  and  profits  of 

said  land  and  premises  ever  since  the  said  — —  day  of ,  19 — ,  to  his 

damage  in  the  sum  of dollars  ($ ). 

Wherefore  the  plaintiff  demands  judgment  against  the  defendant  for 


697  Forcible  Entry  and  Detainer.     Forms  1903-1905 

the  restitution  of  said  premises,  and  for  treble  the  amount  of  his  dam- 
ages as  aforesaid,  and  for  the  costs  of  this  action. 

r.r     -n     .■      .  [Signaturc.] 

[Verihcation.J 

NOTE.— California,  Code  Civ.  Proc,  sec.  1160;  Colorado,  Mill's  Ann.  Stats. 
1912,  sec.  2960;  Idaho,  Rev.  Codes  1907,  see.  5092;  Montana,  Rev.  Codes 
1907,  sec.  7270;  Utah,  Comp.  Laws  1907,  sec.  3574;  Washington,  Rem.  Coile, 
sec.   811. 

Judgment  may,  in  the  discretion  of  the  court,  be  entered  for  three  times 
the  amount  of  damages  and  rent  found  due. 

No.  1903.    Complaint  for  Forcible  Entry  and  Detainer — New  Mexico. 
[Title  of  Court  and  Cause.] 

Before ,  Justice  of  the  Peace  for Precinct,  in County. 

,  plaintiff  in  the  above-entitled  cause,  complains  and  says  that 

heretofore,  to  wit,  on  the day  of ,  19 — ,  at  the  county  of  — — , 

he  was  lawfully  possessed  of  a  certain  tract  of  land  situated  in  saifiJ 

county,  known,  designated,  and  described  as  follows :  ,  and  beincr  so 

thereof  lawfully  possessed  as  aforesaid,  said  defendant,  ,  on  tlio 

day  and  year  named  and  at  the  county  aforesaid,  unlawfully  and  with 
force  entered  into  and  upon  the  said  tract  or  parcel  of  land,  and  de- 
tained and  held  the  possession  thereof,  and  does  now  detain  and  hold 
the  possession  thereof  against  the  plaintiff. 

Wherefore  the  said  plaintiff  says  that  the  said  defendant  is  guilt v  of 
the  forcible  entry  and  detainer,  contrary  to  the  form  of  the  statute  iu 
such  case  made  and  provided. 

[Signature.] 

NOTE.— See  N.  M.  Stats.  Ann.  1915,  sec.  3281. 

No.  1904.    Affidavit  to  Complaint  for  Forcible  Entry  and  Detainer — New 
Mexico. 

[Title  of  Court  and  Cause.] 

Territory  of  , 

County  of  . 

,  being  duly  sworn,  says  that  said  complaint  by  him  subscribed, 


and  the  matters  therein  contained,  are  true,  and  further  saitli  not. 

[Signature.] 

Sworn  to  and  subscribed  before  me  this day  of ,  19 — . 

,  Justice  of  the  Peace. 

NOTE.— See  N.  M.  Stats.  Ann.  1915,  sec.  3281. 

No.  1905.     Summons  in  Forcible  Entry  and  Detainer. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of Send  Greeting  to ,  Defendnnl,. 

You  are  hereby  required  to  appear  and  answer  the  complaint  in  an 
action  entitled  as  above,  brought  against  you  in  the  court  of  the 


Forms  1906, 1907         Cowdeby's  Form  Book.  698 

county  of  ,  state  of  ,  within  three  days  after  the  service  on 

you  of  tliis  summons ;  and  you  are  notified  that  if  you  fail  to  so  appear 
and  ansv^'cr,  the  plaintiff  will  apply  to  the  court  for  the  relief  demanded 

in  the  complaint. 

[Signature.] 

[Seal] 

NOTE. — If  a  return  to  a  summons  in  forcible  entry  and  detainer  fails  to 
show  that  a  copy  of  the  complaint,  certified  to  by  the  justice  of  the  peace 
before  whom  the  cause  was  pending,  or  by  the  plaintiff  or  his  agent  or  at- 
lornev,  was  served  on  the  defendant,  such  return  will  not  support  a  default 
judgment:  Belfils  v.  Flint,  15  Or.  158,  161,  14  Pac.  295. 

No.  1906.     Summons  in  Forcible  Entry  and  Detainer— Nevada. 
[Title  of  Court  and  Cause.] 

The  State  of to  the  Sheriff  or  Any  Constable  of  the  Said  County, 

Greeting. 

Whereas of  the  county  of ,  hath  exhibited  unto  me,  a  justice 

of  the  peace  for  said  county,  a  complaint  against  ,  of  the  county 

of ,  for  that  the  said ,  of  the  county  of ,  on  the  d  :y 

of  ,  19 — -,  at  the  county  of  ,  did  : 

You  are  therefore  commanded  to  summon  the  said ,  if  he  be  found 

in  your  county,  to  be  and  appear  before  me  at  my  office,  ,  on  the 

day  of ,  19 — ,  then  and  there  to  make  answer  unto  the  com- 
plaint aforesaid. 

Given  under  my  hand  this day  of ,  19 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Nev.  Eer.  Laws  1912,  sec.  5593. 

No.  1907.    Summons  in  Forcible  Entry  and  Detainer— New  Mexico. 
[Title  of  Court  and  Cause.] 

The  Territory  of to  the  Sheriff'  of  the  County  of ,  Greeting. 

You  are  hereby  commanded  to  summon  ,  of  the  county  of 


to  appear  before  the  undersigned,  justice  of  the  peace  witliin  and  for 

the  said  county,  at ,  in  said  county,  on  the day  of ,  19 — , 

at  the  hour  of o'clock,  in  the  forenoon  of  said  day,  then  and  there 

to  answer  and  defend  against  the  complaint  of  ,  of  forcible  entry 

and  detainer,  made  by  the  said  upon  the  lands  of  the  said  , 

hereto  annexed  will  more  fully  appear;  and  have  you  then  and  there 
this  precept,  with  the  return  of  your  proceedings  thereon. 

Given  under  my  hand  as  such  justice  of  the  peace  this  day  of 

. ,  19-. 

,  Justice  of  the  Peace. 

NOTE. — The  words  "as  by  the  complaint,"  or  some  other  words  to  compi'^te 
the  sense,  are  omitted  from  the  form  as  published-  See  N.  M.  Stats.  Ann. 
1912,  sec.   3281. 


699  Foreclosure  of  Mecil\nic's  Lien.     Forms  1908-1929 

No.  1908.    Answer  to  Complaint  in  Forcible  Entry. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  denies: 

1.  That  plaintiff  was,  at  the  time  stated,  or  at  any  time,  in  the  actual, 
or  peaceable,  or  exclusive  possession  of  the  property  described  in  the 
complaint,  or  any  part  thereof. 

2.  Denies  that  defendant  broke  into  the  premises  of  the  plaintiff,  as 
alleged,  or  in  any  manner,  or  at  all. 

3.  Denies  that  plaintiff  suffered  any  damage  by  such  alleged  break- 
ing, or  in  any  manner,  or  by  any  means,  either  as  alleged  in  the  com- 
plaint or  at  all. 

[Signature.] 

[Verification.] 

FORECLOSURE  OF  IVIECHANIC'S  LIEN. 

1929.  Complaint  to  foreclose  mechanic's  lien. 

1930.  Complaint  to  foreclose  meclianic's  lien — Short  form. 

1931.  Order  of  sale  on  foreclosure  of  mechanic's  lien. 

1932.  Notice  of  sale  on  foreclosure  of  lien. 

No.  1929.    Complaint  to  Foreclose  Mechanic's  Lien. 
[Title  of  Court  and  Cause.] 

Comes  now  the  plaintiff  above  named  and  complains  of  the  defend- 
ants [naming  them  all],  and  for  cause  of  action  alleges: 

I.  This  plaintiff,  the  said  G.  P.  Company,  was  at  all  the  times  herein 
mentioned,  and  now  is,  a  corporation  organized  and  doing  business 
under  the  laws  of  California,  and  one  of  the  purposes  for  which  it  was 
organized  was  and  is  the  manufacture  and  sale  of  explosives  and  other 
articles  used  in  blasting. 

II.  The  defendant,  the  said  S.  D.  F.  Company,  was  at  all  said  times, 
and  now  is,  a  corporation,  organized  and  doing  business  under  the  laws 
of  California,  and  one  of  the  purposes  for  which  it  was  formed  was 
and  is  the  construction  of  a  flume  structure,  ditch,  and  tunnel  from 
its  diverting  dam,  owned  by  it  on  the  San  Diego  river,  in  San  Diego 
county,  California,  to  its  [description]. 

III.  The  plaintiff  is  ignorant  of  the  names  of  the  defendants,  J.  D., 
R.  D.,  S.  B.,  and  K.  G.,  and  has  therefore  sued  them  by  the  foregoing 
names  which  are  fictitious,  but  asks  Avhen  their  true  names  are  discov- 
e)-od  that  this  complaint  may  be  amended  by  inserting  their  true  names. 

IV.  Plaintiff  alleges,  on  its  information  and  belief,  that  on  and  prior 
to  the  thirtieth  day  of  March,  1910,  the  said  S.  D.  F.  Company,  was 
and  thence  hitherto  has  been,  and  still  is,  the  owner  of  the  aforesaid 
diverting  dam  on  said  San  Diego  river.     [Description.] 

V.  On  the  thirtieth  day  of  March,  1916,  the  said  S.  D.  F.  Company, 
defendant,  as  such  owner  aforesaid,  entered  into  a  contract  in  writing 


Form  1929  Cowdeby's  Form  Book.  700 

with  defendant,  J.  J.,  as  its  contractor,  -vvliicli  contract  was  subscribed 
by  said  parties  thereto  by  the  terms  of  which,  among  other  things,  the 
contractor  J.  J.,  agreed  to  do  and  perform  certain  work,  in  accordance 
with  the  plans  and  specifications  to  said  contract  attached  and  made 
a  part  thereof  for  the  said  S.  D.  F.  Company  along  its  said  flume  line 
from  its  said  diverting  dam  on  said  San  Diego  river  to  its  said  city 
reservoir,  near  San  Diego.     Said  work  to  consist  as  follows: 

First — Grading. 

[Description.] 

Second — Tunnels. 

[Description.] 

And  by  the  terms  of  said  contract  the  said  J.  J.  further  agreed  to 
furnish  and  provide  at  his  own  cost  all  tools  and  implements  of  every 
kind  and  description,  used  in  and  about  said  work,  and  also  all  ma- 
terial used  and  employed  in  its  construction,  other  than  lumber  for 
tunnel  lining,  and  also  all  lime  and  cement  required  to  be  used  in  ac- 
cordance with  said  specifications,  which  said  lumber,  lime,  and  cement 
said  S.  D.  F.  Company  agreed  to  furnish  and  deliver  free  of  cost  to 
said  J.  J.,  and  where  the  same  could,  without  unusual  delay,  be  delivered 
by  said  S.  D.  F.  Company;  and  the  said  J.  J.  agreed  to  furnish,  at 
his  own  cost,  ample  and  suitable  protection  from  damage  by  weather  for 
all  lime  and  cement  delivered  as  aforesaid  to  him,  and  to  begin  work 
under  said  contract  within  ten  days  from  the  date  thereof,  to  wit; 
March  30,  1916,  and  to  complete  the  same  on  or  before  November  1, 
1916. 

The  said  S.  D.  F.  Company,  by  the  terms  of  said  contract,  agrees, 
among  other  things,  to  pay  said  J.  J.  for  said  work  as  follows,  to  wit, 
etc. 

Payments  to  be  made  as  follows:  Fifty  (50)  per  cent  cash  on  esti- 
mates, to  be  made  monthly,  on  or  about  the  first  of  each  and  every 
month,  until  the  completion  of  said  work,  and  twenty-five  (25)  per 
cent  in  first  mortgage  six  (6)  per  cent  twenty-year  bonds  of  said  S.  D.  F. 
Company;  remaining  twenty-five  (25)  per  cent  to  be  paid  in  said  above- 
mentioned  first  mortgage  bonds;  but  the  same  to  be  held  by  S.  D.  F. 
Company  until  the  full  completion  of  the  contract,  and  to  bear  no  in- 
terest until  delivered  to  said  J.  J.,  said  bonds  to  be  taken  by  him  at 
ninety-five  (95)  cents  on  the  dollar,  and  in  no  event  to  bear  interest 
until  delivery  thereof.  That  afterwards,  to  wit,  on  the  sixth  day  of 
June,  1916,  the  parties  to  the  foregoing  agreement,  by  a  memorandum 
attached  thereto  and  subscribed  by  said  parties,  agreed  that  the  said 
S.  D.  F.  Company  should  pay  the  said  J.  J.,  for  all  the  work  thereto- 
fore done  by  him  for  said  company  under  the  foregoing  contract  of 
March  30,  1916,  according  to  the  terms  thereof,  and  that  said  J.  J. 
should  accept  the  same.  That  thereafter,  to  wit,  on  the  said  sixth  day 
of  June,  1916,  the  said  contract  of  March  30,  1916,  together  with  tho 
memorandum  aforesaid  attached  thereto,  was  by  the  parties  thereto 
filed  in  the  office  of  the  county  recorder  of  said  county  of  San  Diego 
aforesaid. 


701  Foreclosure  OF  Mechanic's  Lien.         Form  1929 

VL  Plaintiff  alleges,  on  its  information  and  belief,  that  the  said 
J.  J.,  under  the  said  contract  of  Marcli  30,  1916,  commenced  the  work 
therein  described,  and  by  him  agreed  to  be  done  on  the  ninth  day  of 
April,  1916,  and  thereafter  continued  in  the  performance  of  said  work 
until  the  tenth  day  of  August,  1916,  and  up  to  said  last-named  day,  duly 
performed  all  the  conditions  of  said  contract  on  his  part,  and  had  done 
work  and  furnished  materials  under  said  contract  and  in  said  construc- 
tion of  the  aggregate  value,  according  to  the  prices  aforesaid,  of  over 
forty  thousand  dollars,  and  that  there  remains  unpaid  on  account 
thereof  the  sum  of  forty  thousand  dollars,  no  part  of  which  has  been 
paid  either  in  cash  or  bonds. 

VII.  Full  and  true  copies  of  said  two  contracts  aforesaid  and  of 
the  specifications  thereto  attached  and  therein  referred  to,  are  hereto 
annexed,  contained  in  the  notice  of  lien  marked  "Exhibit  A,"  and  are 
in  said  lien  marked  "Exhibit  A,"  and  they  are  made  a  part  of  this 
complaint. 

VIII.  Plaintiff  alleges,  on  his  information  and  belief,  that  on  or 
about  the  tenth  day  of  August,  1916,  the  said  J.  J.  stopped  all  work, 
and  surrendered  said  contract  and  all  his  rights  thereunder  to  said 
S.  D.  F.  Company,  and  the  said  company  accepted  the  surrender  of 
said  contract,  and  took  and  accepted  possession  of  said  structure,  and 
accepted  the  said  structure,  flumes,  ditches,  and  tunnels,  and  has  ever 
since  continued  in  the  occupation  and  use  of  the  same  and  of  said 
works  accepted  as  aforesaid. 

On  the  ninth  day  of  April,  1916,  this  plaintiff  entered  into  a  written 
contract  with  the  said  J.  J.,  as  such  contractor  aforesaid,  by  the  terms 
of  which,  among  other  things,  this  plaintiff  agreed  to  sell  and  deliver 
to  said  J.  J.,  at  its  agency,  in  the  city  of  San  Diego,  all  the  powder, 
caps,  and  fuse  needed  in  all  the  work  to  be  done  by  him  under  his 
contract  or  contracts,  aforesaid,  for  said  blasting  and  tunneling  for 
the  said  S.  D.  F.  Company,  and  at  the  prices,  less  ten  per  cent  on  Giant 
Powder,  as  follows,  to  wit: 

And  said  plaintiff  further,  by  the  terms  of  said  contract,  agreed  to 
furnish  such  power,  caps,  and  fuse  in  such  quantities  and  at  such  times 
as  said  J.  J.  might  require,  and  to  prepay  the  freight  thereon,  which 
freight  should  be  charged  to  his  account,  and  be  paid  by  him  upon 
monthly  settlements.  And  by  the  terms  of  said  contract  the  said  J.  J. 
agreed  to  pay  the  prices  hereinbefore  stated,  and  at  the  times  and  in 
the  manner  f  olloAving,  to  wit : 

At  the  expiration  of  ninety  days  from  and  after  the  fifteenth  day 
of  April,  1916,  for  all  powder,  caps,  and  fuse  used  up  to  that  time,  one- 
third  cash;  and  deposit  with  the  agent  of  said  plaintiff  at  the  city  of 
San  Diego,  S.  D.  F.  Company's  bonds  owned  by  him,  for  the  remaining 
unpaid  two-thirds  purchase  price  due  at  eighty-five  cents  on 'the  dollar, 
and  thereafter  to  pay  monthly  on  the  fifteenth  day  of  each  and  every 
month  during  the  continuance  of  the  contract,  for  all  further  supplies 
of  powder  xised  by  him  during  that  month  in  the  same  manner  and  on 
the  same  terms,  to  wit : 


Form  1929  Cowdery  's  Form  Book.  702 

One-third  cash  and  two-thirds  in  bonds  of  said  S.  D.  F.  Company, 
and  on  completion  of  said  contract  he  was  to  redeem  all  such  bonds 
as  may  have  been  deposited  by  him  as  security  for  payment,  by  paying 
to  the  agent  of  plaintiff,  at  the  city  of  San  Diego,  cash  for  the  full 
amount  of  such  payments,  he  to  retain  all  interest  that  might  accrue 
on  said  bonds  so  placed. 

On  the  same  date,  to  wit,  April  9,  1916,  this  plaintiff  and  said  J.  J., 
entered  into  a  supplemental  written  contract,  by  the  terms  of  which  it 
was  mutually  agreed  that  the  freight  on  Giant  and  Judsou  Powder 
should  be  paid  by  plaintiff  at  the  lowest  rates  possible  to  be  obtained, 
and  should  be  charged  in  addition  to  price  of  powders  named  in  the 
foregoing  contract  between  the  parties,  and  the  plaintiff  to  allow  an 
additional  ten  per  cent  discount  from  the  prices  and  discount  named 
in  said  foregoing  contract  on  Giant  Powder,  but  Judson  Pow-der  to  be 
paid  as  therein  agreed  at  six  and  one-half  cents  per  pound,  with  freight 
added,  and  fuse  to  be  cash;  that  is,  fuse  to  be  paid  for  on  the  fifteenth 
of  each  month.  Full  and  true  copies  of  said  two  contracts  are  contained 
in  the  notice  of  lien  hereto  annexed,  marked  "Exhibit  A,"  and  are  in 
said  lien  marked  "Exhibit  B,"  and  they  are  made  a  part  of  this  com- 
plaint. 

X.  Under  the  foregoing  contract  this  plaintiff  at  various  dates  be- 
tween said  ninth  day  of  April,  1916,  and  the  tenth  day  of  August, 
1916,  sold,  furnished,  and  delivered  unto  said  J.  J.,  at  his  agency  in 
said  city  of  San  Diego,  to  be  used,  and  actually  used,  in  said  work  of 
blasting  and  excavating  and  tunneling,  large  quantities  of  powder,  caps, 
and  fuse,  to  wit,  etc. 

That  the  foregoing  materials  were  furnished  in  such  quantities  and 
at  such  times  as  the  said  J.  J.  required,  and  the  plaintiff  prepaid  the 
freight  tliercon,  which  amounted  to  the  sum  of  $418.62 ;  that  the  aggre- 
gate' value,  including  freight  of  said  materials  at  the  rates  and  dis- 
count provided  for  in  said  contracts,  was  the  sum  of  $7,221.57,  which 
sum  was  the  fair  value  of  said  materials  at  said  place  of  delivery. 

The  plaintiff  duly  performed  all  the  conditions  of  said  contracts 
on  its  part.  That  no  part  of  said  sum  has  been  paid,  and  no  part  of 
the  freight  has  been  prepaid,  but  the  whole  of  said  sum  of  $7,221.57, 
is  unpaid,  and  there  are  no  credits  or  offsets  thereto.  That  J.  J.,  al- 
though often  requested,  never  did  deposit  with  the  plaintiff,  or  its  agent 
at  San  Diego,  or  at  all,  any  bonds  whatsoever  of  said  S.  D.  F.  Company, 
and  all  said  sums  of  money  are  due  and  unpaid. 

XI.  On  the  fifth  day  of  September,  1916,  the  plaintiff  filed  for 
record  with  the  county  recorder  of  the  said  county  of  San  Diego  its 
claim  and  notice  of  lien  in  writing,  containing  a  true  statement  of 
its  demand  hereinbefore  set  forth  for  said  materials,  after  deducting 
all  just  credits  and  offsets;  also  setting  forth  in  said  lien  the  name  of 
said  S.  D.  F.  Company  as  the  owner  of  the  property  hereinbefore  de- 
scribed, and  the  name  of  said  J.  J.  as  the  person  to  whom  said  ma- 
terials were  furnished  and  by  w^hom  plaintiff  was  employed  for  that 
purpose :  also  setting  forth  in  said  lien  the  terms,  time  given,  and  con- 


703  FoKECLOsuRE  OF  MECHANIC'S  LiEN.  Form  1929 

ditions  of  ])Iuiiitiff' s  contract  with  said  J.  J.,  which,  as  therein  set 
forth  were  the  same  as  those  hereinbefore  set  forth;  also  setting  forth 
in  said  lien  a  description  of  the  property  to  be  charged  with  the  lien 
sufficient  for  identification,  which  description  therein  set  forth  was  the 
same  as  that  hereinbefore  set  forth,  and  wliich  said  claim  was  verified 
by  the  oath  of  L.  B.  C,  the  secretary  of  the  plaintiff  corporation,  in 
writing,  attached  to  said  lien  and  filed  therewith,  which  said  lien  and 
oath  were  recorded  by  said  County  Recorder,  in  a  book  kept  by  him 
for  that  pui-pose,  to  wit,  in  book  No.  2  of  Mechanics'  Liens,  page  218 
et  seq.,  and  a  copy  of  which  lien  (together  with  the  exhibits  therein 
referred  to)  is  hereto  annexed  and  marked  "Exhibit  A,"  and  made  a 
part  of  this  complaint. 

XII.  That  the  whole  of  the  property  hereinbefore  described,  includ- 
ing the  said  diverting  dam,  culverts,  flumes,  ditches,  tunnels,  ap- 
proaches, reservoirs,  and  rights  of  way  for  said  fifty  miles,  is  required 
for  the  convenient  use  and  occupation  of  said  construction  and  structure. 

XIII.  Plaintiff  alleges,  upon  its  information  and  belief,  that  the  de- 
fendants, J.  D,,  R.  R.,  and  S.  B.,  have  or  claim  to  have,  some  estate, 
right,  title,  or  lien  upon  said  property;  but  plaintiff  alleges  that  such 
estate,  right,  title,  and  lien  are  subsequent,  and  subject  to  the  lien  of 
this  plaintiff  thereon. 

XIV.  Plaintiff  paid  eight  dollars  and  fifty  cents  for  recording  and 
fifty  cents  for  verifying  said  lien,  no  part  of  which  has  been  repaid. 

Wherefore,  plaintiff  prays  judgment  against  the  defendants,  the 
S.  D.  F.  Company  and  J.  J.,  for  said  sum  of  $7,221.57,  together  with 
interest  thereon  from  Augnist  10,  1916,  and  costs  of  suit,  including  the 
amount  paid  for  verifying  and  recording  said  lien. 

That  said  judgment  for  said  amount  of  said  costs  declares  and  ad- 
judges the  same  to  be  a  lien  upon  all  of  said  property  in  the  complaint 
described  and  that  said  lien  be  foreclosed.  That  the  sheriff  of  said 
San  Diego  county  be  directed  to  sell  said  property,  as  required  by  the 
law  and  practice  of  the  court,  and  out  of  the  proceeds,  after  paying 
his  costs,  commission,  and  expenses  of  sale,  to  pay  to  plaintiff  or  its 
attorney  the  amount  of  its  judgment  aforesaid;  that  by  said  judgment 
it  be  provided  that  any  of  the  parties  to  this  suit,  or  their  agents,  may 
bid  at  said  sale  and  become  purchasers  thereat;  that  upon  production 
of  the  sheriff's  deed  the  purchaser  be  let  into  possession  of  the  property 
purchased;  that  the  estate,  right,  title,  and  lien  of  all  and  each  of  the 
defendants,  and  all  persons  claiming  or  to  claim  under  them,  or  either 
of  them,  in  said  property,  or  any  part  thereof,  be  barred  or  foreclosed. 

That  plaintiff  has  such  other  and  further  relief  as  may  seem  proper, 
together  with  costs  of  suit. 

[Signature.] 


Form  1930  Cowdery's  Form  Book.  704 

NOTE. — This  form  of  complaint  was  three  times  before  the  supreme  court 
of  California  just  as  it  appears  in  this  book.  It  was  held  to  be  good  in 
every  instance.  It  can  be  varied  to  meet  every  case.  The  lien  in  the  ease 
filed  with  the  county  recorder  will  be  found  under  the  head  "Liens,"  and  the 
contracts  in  the  case  under  "Contracts":  See  Cal.  Code  Civ.  Proc,  sees.  1159- 
1175.  See,  also.  Giant  Powder  Co.  v.  San  Diego  Flume  Co.,  78  ^al.  193, 
20  Pac.  419,  Grimshaw  v.  Belcher,  gS  Cal.  220,  22  Am.  St.  Rep.  298,  26 
Pac.  84,  Giant  Powder  Co.  v.  San  Diego  Flume  Co.,  97  Cal.  264,  32  Pac. 
172,  where  the  case  is  reported. 

No.  1930.    Complaint  to  Foreclose  Mechanic's  Lien — Short  Form. 

[Title  of  Court  and  Cause.] 

Now  come  the  plaintiffs  above  named,  and,  complaining  of  the  above- 
named  defendant,  allege: 

First.  Tliat  heretofore,  to  wit,  on  the  first  day  of  January,  1917, 
J.  R.  and  H.  M.,  the  plaintiffs  above  named,  were  and  ever  since  have 
been,  partners,  doing  business  under  the  firm  name  of  J.  &  D. 

Second.  That  during  all  the  time  in  this  complaint  mentioned,  de- 
fendant, G.  S.,  was  the  owner  of  all  that  certain  land  situate  in  the 
city  and  county  of  San  Francisco,  state  of  California,  and  bounded  and 
described  as  follows,  to  wit:  [Description.] 

Third.  That  on  the  thirtieth  day  of  November,  1917,  plaintiffs  and 
defendant,  A.,  agreed  together,  as  follows :  Said  defendant  was  engaged 
in  erecting  a  dwelling-house  upon  all  the  land  above  described,  and, 
on  said  day,  he  employed  plaintiffs  to  furnish  all  the  stairs  in  said  build- 
ing, and  plaintiffs  agreed  to  furnish  the  same  to  be  used  in  said  build- 
ing, and  the  said  defendant  agreed  to  pay  them  therefor  the  sum  of 
six  hundred  and  forty-five  dollars  in  gold  coin. 

Fourth.  That  in  pursuance  of  said  agreement  the  said  plaintiffs, 
on  the  same  daj^,  furnished  the  said  stairs  to  be  used,  and  they  were 
used,  in  the  construction  of  said  building,  according  to  said  agreement. 

Fifth.  That  said  land  was  at  the  time  of  commencing  work  on  said 
building  owned  by  the  said  defendant,  A. 

Sixth.  That  plaintiffs,  under  the  terms  of  their  agreement  with  the 
said  defendant,  A.,  agreed  to  furnish  the  said  stairs,  and  the  said  de- 
fendant, A.,  agreed  to  pay  plaintiffs  six  hundred  and  forty-five  dollars 
in  gold  coin,  for  the  same,  on  the  thirtieth  day  of  December,  1917,  but 
the  same  has  not  been  paid,  nor  any  part  thereof,  and  the  same  was  and 
now  is  so  due,  at  the  time  of  the  filing  of  the  lien  hereinafter  mentioned. 

Seventh.  That  the  said  land  upon  which  the  said  building  is  con- 
structed, together  with  twenty  feet  of  said  land  on  each  side,  and  ten 
feet  at  the  south  end  of  said  building,  is  necessary  for  the  convenient 
use  of  said  building. 

Eighth.  Tliat  on  a  certain  day,  to  wit,  the  third  day  of  January, 
1917,  said  plaintiffs  duly  filed  and  recorded  with  the  county  recorder 
of  the  city  and  county  of  San  Francisco,  being  the  county  in  which 
such  property  is  situate,  their  claim  duly  verified  by  the  oath  of  J.  R., 
containing  a  statement  of  plaintiffs'  demand,  after  deducting  all  just 
credits  and  offsets,  with  the  name  of  the  owner,  and  also  the  name  of 


705  Foreclosure  op  Mechanic's  Lien.  Form  1931 

the  person  who  employed  plaintiffs  as  aforesaid,  with  a  statement  of 
the  terms,  time  given,  and  conditions  of  the  contract,  and  also  a  de- 
scription of  the  property  sought  to  be  charged  with  the  lien  sufficient 
for  identification. 

Ninth.  That  D.  F.,  The  C.  S.  and  L.  Society,  and  S.  H.,  have  or 
claim  some  interest  in  said  premises;  but  the  same  is  subsequent  to 
plaintiffs'. 

Tenth.  That  plaintiffs  have  paid  ten  dollars  as  a  necessary  charge 
and  expense  in  preparing  and  recording  said  lien,  viz.:  five  dollars  for 
recording  and  five  dollars  for  preparing  the  same. 

1.  Wherefore,  plaintiffs  pray  for  judgment  against  G.  S.  A.  for  the 
sum  of  six  hundred  and  forty-five  dollars,  and  that  the  same  be  adjudged 
a  lien  against  the  lot  of  land  above  described. 

2.  That  said  premises,  building,  and  appurtenances  above  described, 
to  the  extent  of  the  interest  of  said  defendant,  G.  S.  A.,  therein,  be 
adjudged  and  decreed  to  be  sold  by  the  sheriff'  of  said  city  and  county, 
according  to  law  and  the  practice  of  this  court,  and  that  the  proceeds 
of  such  sale  be  applied  to  the  payment  of  the  costs  of  these  proceed- 
ings and  sale,  and  said  plaintiff's  claim,  amounting  to  said  sum  of  six 
hundred  and  forty-five  dollars,  and  also  for  the  claim  of  any  other 
lienholder  if  any  such  there  be,  on  said  property,  who  shall  come  in 
and  be  duly  made  i^arties  to  this  action. 

3.  That  plaintiffs  be  allowed  their  costs,  in  preparing  and  recordinjr 
said  lien. 

4.  That  plaintiffs,  or  any  other  parties  to  this  suit,  may  become  pur- 
chasers at  such  sale. 

5.  That  said  plaintiffs  may  have  such  other  and  further  order  and 
relief  in  the  premises  as  the  case  may  require  and  as  to  the  court  may 
seem  just. 

No.  1931.    Order  of  Sale  on  Foreclosure  of  Mechanic's  Lien. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  to  the  Sheriff  of  the  County  of , 

Greeting : 
Whereas  on  the day  of ,  19 — , ,  the  above-named  plain- 
tiff, recovered  a  judgment  and  decree  in  the  court  of  the  county 

of  ,  state    aforesaid,    against  ,    the    defendant,  in  an    action 

wherein  the  said was  plaintiff  and  the  said defendant,  v>-hich 

said  judgment  and  decree  was,  on  the  day  of ,  19 — ,  recorded 

in  judgment-book  ,  of  said  court,  at  page  ,  and  the  roll  filed 

and  judgment  and  decree  docketed  in  the  clerk's  office  thereof,  and  in 
and  by  which  said  judgment  and  decree  it  is  ordered,  adjudged,  and 
decreed  that  the  lands  and  premises  mentioned  and  described  in  the 
said  judgment  and  decree  be  sold  at  public  auction,  as  in  said  judgment 
and  decree  particularly  set  out. 

Form  Book — 45 


Form  1932  Cowdery 's  Form  Book.  706 

Now  therefore  you,  the  said  sheriff,  are  hereby  commanded  and  re- 
quired to  proceed  to  notice  for  sale,  and  to  sell,  the  premises  described 
in  said  judgment  and  decree,  a  copy  of  which  is  hereto  annexed  and 
made  a  part  hereof,  and  apply  the  proceeds  of  said  sale  as  in  said 
judgment  and  decree  directed,  and  to  make  and  file  your  report  of  such 
sale  with  the  clerk  of  this  court  within  sixty  days  from  the  date  of 
your  receipt  hereof,  and  to  do  all  things  according  to  the  terms  and 
requirements  of  said  judgment  and  decree  and  the  provisions  of  the 
statute  in  such  case  made  and  provided. 

Witness  the  Honorable  ,  presiding  judge  of  the  court  of 

the  state  of ,  in  and  for  the  county  of ,  this day  of , 

19—. 

Attest  my  hand  and  the  seal  of  said  court  the  day  and  year  last 

above  written. 

[Seal] 

,  Clerk. 

By  ,  Deputy  Clerk. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  684. 

No.  1932.    Notice  of  Sale  on  Foreclosure  of  Lien. 

Sheriff's  Sale. 
[Title  of  Court  and  Cause.] 

Under  and  by  virtue  of  an  order  of  sale    and  decree  of  lien  issued 

out  of  the court  of  the  county  of ,  state  of ,  on  the  

(Jay  of ,  19 — ,  in  the  above-entitled  action,  wherein  — — ,  the  above- 
named    plaintiff,    obtained  a    judgment    and    decree    against  the  

company,  a  corporation,  et  al.,  defendants,  on  the  day  of  , 

19_^  which  said  decree  was,  on  the  day  of  ,  19—,  recorded 

in  judgment-book  ,  of  said  court,  at  page  ,  I  am  commanded 

to  sell  all  that  certain  lot,  piece,  or  parcel  of  land  situate,  lying,  and 

being  in  the  county  of  ,  state  of  ,  bounded  and  described  as 

follows,  to  wit :  . 

Notice  is  hereby  given  that  on  ,  the  day  of  ,  19 — ,  at 

twelve  o'clock,  noon,  of  that  day,  in  front  of  the  ,  in  the  county 

of  ^  I  will,  in  obedience  to  said  order  of  sale  and  decree  of  lien, 

sell  the  above-described  property,  or  so  much  thereof  as  may  be  neces- 
sary to  satisfy  said  plaintiff's  judgment,  with  interest  thereon  and  costs 
[etc.],  to  the  highest  and  best  bidder,  for  cash,  in  gold  coin  of  the 
United  States. 

Dated  this  — —  day  of ,  19—. 

,  Sheriff  [etc.]. 


707:  Foreclosure  of  Mortgages. 


FORECLOSURE  OF  MORTGAGES. 

1953.  Complaint  to  foreclose  mortgage  on  land. 

1954.  Affidavit   of  redemptioner. 

1955.  Notice  of  pendency  of  action  to  foreclose  mortgage. 

1956.  Complaint  to  foreclose  chattel  mortgage. 

1957.  Decree  of  foreclosure  of  mortgage. 

1958.  Order  of  sale  on  foreclosure  of  mortgage. 

1959.  Notice  of  sheriff's  sale  on  foreclosure  of  mortgage. 

1960.  Certificate  of  sale  on  foreclosure,  by  commissioner  or  sherl£F. 

1961.  Certificate  of  redemption  from  foreclosure. 

1962.  Sheriff's  deed  on  foreclosure. 

1963.  Commissioner's  deed  on  foreclosure. 

1964.  Notice  of  foreclosure,  by  advertisement — North  Dakota. 

INTEODUCTORY  NOTE. 

Proceedings  in  Foreclosure  Suits. — There  can  be  but  one  ac- 
tion for  the  recovery  of  any  debt,  or  the  enforcement  of  any 
right  secured  by  mortgage  upon  real  or  personal  property.  .  .  . 
In  such  action  the  court  may,  by  its  judgment,  direct  the  sale 
of  the  encumbered  property  (or  so  much  thereof  as  may  be  neces- 
sary), and  the  application  of  the  proceeds  of  the  sale  to  the 
payment  of  the  costs  of  court,  and  the  expenses  of  the  sale,  and 
the  amount  due  plaintiff,  including,  where  the  mortgage  pro- 
vides for  the  payment  of  attorney's  fees,  such  sum  for  such  fees 
as  the  court  shall  find  reasonable,  not  exceeding  the  amount 
named  in  the  mortgage.  The  court  may,  by  its  judgment,  or  at 
any  time  after  judgment,  appoint  a  commissioner  to  sell  the 
encumbered  property.  It  must  require  of  him  an  undertaking  in 
an  amount  fixed  by  the  court,  with  sufficient  sureties,  to  be  ap- 
proved by  the  judge,  to  the  effect  that  the  commissioner  will 
faithfully  perform  the  duties  of  his  office  according  to  law. 
Before  entering  upon  the  discharge  of  his  duties  he  must  file  such 
undertaking,  so  approved,  together  with  his  oath  that  he  will 
faithfully  perform  the  duties  of  his  office.  If  it  appear  from  the 
sheriff's  return,  or  from  the  commissioner's  report,  that  the 
proceeds  are  insufficient,  and  a  balance  still  remains  due,  judg- 
ment must  then  be  docketed  by  the  clerk  ...  for  such  balance 
against  the  defendant  or  defendants  personally  liable  for  the 
debt,  and  it  becomes  a  lien  on  the  real  estate  of  such  judgment 
debtor,  as  in  other  cases  in  which  execution  may  be  issued.  No 
person  holding  a  conveyance  from  or  under  the  mortgagor  of 
the  property  mortgaged,  or  having  a  lien  thereon,  which  con- 
veyance or  lien  does  not  appear  of  record  in  the  proper  office 
at  the  time  of  the  commencement  of  the  action,  need  be  made  a 
party  to  such  action,  and  the  judgment  therein  rendered,  and 


CowDERY  's  Form  Book.  708 

the  proceedings  therein  had,  are  as  conclusive  against  the  party- 
holding  such  unrecorded  conveyance  or  lien  as  if  he  had  been  a 
party  to  the  action.  If  the  court  appoints  a  commissioner  for 
the  sale  of  the  property,  he  must  sell  it  in  the  manner  provided 
by  law  for  the  sale  of  like  property  by  the  sheriff  upon  execution ; 
and  the  provisions  [of  the  code  relating  to  sales  under  execution 
are]  made  applicable  to  sales  made,  by  such  commissioner,  and 
the  powers  therein  given  and  the  duties  therein  imposed  on  sheriffs 
are  extended  to  the  courts  of  this  state,  in  the  event  of  death, 
absence  from  the  state,  other  disability  or  disqualification  of  the 
commissioner  appointed  to  sell  encumbered  property,  .  .  .  the 
court  may,  upon  the  happening  of  either  the  death,  absence  from 
the  state,  other  disability  or  disqualification  of  the  commissioner, 
appoint  an  elisor  to  perform  the  duties  of  such  commissioner  which 
are  then  to  be  performed  in  such  action.  The  elisor  so  appointed 
shall  give  the  undertaking,  and  take  the  oath  hereinbefore  pro- 
vided to  be  given  and  taken  by  a  commissioner,  before  entering 
upon  the  discharge  of  his  duties,  and  shall  thereafter  perform 
all  duties  left  unperformed  by  the  commissioner  whom  he  is  ap- 
pointed to  succeed,  with  like  effect  as  if  such  duties  had  been 
performed  by  the  commissioner.  If  the  land  mortgaged  consist 
of  a  single  parcel,  or  of  two  or  more  contiguous  parcels,  situated  in 
two  or  more  counties,  the  court  may,  in  its  judgment,  direct  the 
whole  thereof  to  be  sold  in  one  of  such  counties  by  the  sheriff, 
oommissioner  or  elisor,  as  the  case  may  be,  and  upon  such  pro- 
ceedings, and  with  like  effect,  as  if  the  whole  of  the  property 
were  situated  in  that  county:  California,  Code  Civ.  Proc,  sec. 
726. 

Surplus  Money  to  be  Deposited  in  Court. — If  there  be  surplus 
money  remaining  after  payment  of  the  amount  due  on  the  mort- 
gage, lien  or  encumbrance,  with  costs,  the  court  may  cause  the 
same  to  be  paid  to  the  person  entitled  to  it,  and  in  the  meantime 
may  direct  it  to  be  deposited  in  court:  California,  Code  Civ. 
Proc,  sec.  727. 

Proceedings  When  Debt  Secured  Falls  Due  at  Different  Times.— 
If  the  debt  for  which  the  mortgage,  lien,  or  encumbrance  is  held 
is  not  all  due,  so  soon  as  sufficient  of  the  property  has  been  sold 
to  pay  the  amount  due,  with  costs,  the  sale  must  cease ;  and  after- 
wards, as  often  as  more  becomes  due,  for  principal  or  interest, 
the  court  may,  on  motion,  order  more  to  be  sold.  But  if  the  prop- 
erty cannot  be  sold  in  portions  without  injury  to  the  parties,  the 
whole  may  be  ordered  to  be  sold  in  the  first  instance,  and  the 


709  Foreclosure  of  Mortgages.  Form  1953 

entire  debt  and  costs  paid,  there  being  a  rebate  of  interest  where 
such  release  is  proper:  California,  Code  Civ.  Proc,  sec.  728. 

Oath  and  Undertaking-  of  Commissioner — Report  and  Account 
of  Sale — Compensation  of  Commissioner. — The  commissioner, 
l)efore  entering  upon  his  duties,  must  be  sworn  to  perform  them 
faithfully,  and  the  court  making  the  appointment  shall  require 
of  him  an  undertaking,  with  sufficient  sureties,  to  be  approved  by 
the  court,  in  an  amount  to  be  fixed  by  the  court,  to  the  effect  that 
he  will  faithfully  perform  the  duties  of  commissioner,  according; 
to  law.  Within  thirty  days  after  such  sale,  the  commissioner 
must  file  with  the  clerk  of  the  court  in  which  the  action  is  pending, 
a  verified  report  and  account  of  the  sale,  together  with  the  proper 
affidavits,  showing  that  the  regular  and  required  notice  of  the 
time  and  place  of  the  sale  was  given,  which  report  and  account 
shall  have  the  same  force  and  effect  as  the  sheriff's  return  in 
sales  under  execution.  In  all  eases  of  sales  made  by  commissioner, 
the  court  in  which  the  proceedings  are  pending  shall  fix  a  rea- 
sonable compensation  for  the  commissioner's  services,  but  in  no 
case  to  exceed  the  sum  of  ten  dollars:  California,  Code  Civ.  Proc, 
sec.  729. 

NOTE. — See  Alaska,  Comp.  Laws  1913,  sec.  1221  et  seq;  Arizona,  Rev. 
Stats.  (Civ.  Code  1913),  sees.  554,  4114;  California,  Code  Civ.  Proc,  sees. 
726-729;  Colorado,  Mill's  Ann.  Code,  sec.  252;  Hawaii,  Eev.  Code  1915, 
sees.  2851-2862;  Idaho,  Rev.  Codes  1907,  sec.  4520;  Kansas,  Gen.  Stats.  1915, 
sec.  7301;  Montana,  Rev.  Codes  1907,  sec.  6861;  Nebraska,  Rev.  Code  1913, 
sec.  8254  et  scq.;  Nevada,  Rev.  Laws  1912,  sec.  5518;  New  Mexico,  Stats. 
Ann.  1915,  sec.  4775;  North  Dakota,  Comp.  Laws  1913,  sees.  8073-8143; 
Oklahoma,  Harris  &  Day's  Code  1910,  sec.  5128;  Oregon,  Lord's  Oregon 
Laws,  sec.  422  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  5430  et  seq.; 
Utah,  Comp.  Laws  1907,  see.  3498;  Washington,  Rem.  Code,  see.  1116  et  seq.; 
Wyoming,  Comp.  Stats.  1910,  sec.  4612. 

No.  1953.    Complaint  to  Foreclose  Mortgage  on  Land. 
[Title  of  Court  and  Cause.] 

The  H.  S.  and  L.  Society,  the  plaintiff  in  the  above-entitled  action, 
complaining  of  A.  L.  and  M.  L.,  his  wife,  the  defendants  in  said  action, 
alleges : 

That  said  plaintiff  is  now,  and  for  six  years  and  upward  last  past 
has  been,  a  corporation,  duly  created  and  existing  under  and  by  virtue 
of  the  laws  of  the  state  of  California. 

That  on  a  certain  day,  to  wit,  the  tenth  day  of  March,  1916,  at  the 
city  and  county  of  San  Francisco,  in  the  state  of  California,  the  said 
defendant,  A.  L.,  made  his  certain  promissory  note  in  writing,  bearing 
date  on  that  day,  in  the  words  and  figures  following,  to  wit,  [insert 
copy  of  note]  and  then  and  there  delivered  the  same  to  said  plaintiff. 


Form  1953  Cowdery's  Form  Book.  710 

That  the  said  defendants,  A.  L.  and  M.  L.,  his  wife,  to  secure  the 
payment  of  the  said  principal  sum  and  the  interest  thereon,  as  men- 
tioned in  said  promissory  note,  according  to  the  tenor  thereof,  did, 
at  the  same  time  and  place,  execute  under  their  hands  and  seals,  and 
deliver  to  the  said  plaintiff,  a  certain  mortgage,  bearing  date  on  the 
said  tenth  of  March,  1916,  and  conditioned  for  the  payment  of  the 
sum  of  five  thousand  (5,000)  dollars,  gold  coin  of  the  United  States, 
and  interest  thereon  at  the  rate,  and  at  the  time,  and  in  the  manner 
specified  in  said  mortgage  and  the  said  promissory  note,  and  according 
to  the  conditions  thereof;  which  said  mortgage  was  duly  acknowledged 
and  certified,  so  as  to  entitle  it  to  be  recorded;  and  the  same  was  after- 
wards, to  wit,  on  the  eleventh  day  of  March,  1916,  duly  recorded  in 
the  office  of  the  county  recorder  of  the  city  and  county  of  San  Fran- 
cisco, in  Liber  416,  of  Mortgages,  page  274;  a  copy  of  which  said  mort- 
gage, with  the  indorsements  thereon,  is  hereunto  annexed,  marked 
"Exhibit  A,"  and  made  a  part  of  this  complaint. 

That  ten  months  of  the  interest  on  said  principal  sura  mentioned 
in  said  promissory  note  and  in  the  said  mortgage  has  been  paid,  and 
is  indorsed  on  said  promissory  note;  and  $5,000,  United  States  gold 
coin,  the  principal  sum  mentioned  in  said  promissory  note  and  mort- 
gage, together  with  interest  thereon  at  the  rate  of  ten  per  cent  per 
annum  from  the  tenth  day  of  January,  1917,  still  remains  due  and 
unpaid  from  said  defendants,  A.  L.  and  M.  L.,  his  wife,  to  said  plaintiff. 

That  the  plaintiff  is  now  the  lawful  owner  and  holder  of  said  promis- 
sory note  and  said  mortgage. 

That  the  defendant,  J.  T.  J.,  has,  or  claims  to  have,  some  interest  or 
claim  upon  said  premises,  or  some  part  thereof,  as  purchaser,  mort- 
gagee, judgment  creditor,  or  otherwise,  which  interest  or  claim  is 
subsequent  to  and  subject  to  the  lien  of  the  plaintiff's  mortgage. 

That  said  plaintiff  on  December  10,  1916,  paid  the  sum  of  $175  taxes 
imposed  on  said  mortgaged  premises  in  said  mortgage  particvilarly  de- 
scribed for  the  fiscal  year  1915-16,  which  were  a  prior  charge  on  said 
land  to  this  mortgage,  and  that  said  sum  of  $175,  so  paid  as  aforesaid, 
according  to  the  covenants  and  stipulations  in  said  mortgage,  bears 
interest  at  the  rate  of  two  per  cent  per  month. 

Wherefore,  the  plaintiff  prays  judgment  against  the  said  defendant, 
A.  L.,  for  the  sum  of  $5,175,  United  States  gold  coin,  with  interest  at 
the  rate  of  ten  (10)  per  cent  per  annum  from  the  tenth  day  of  January, 
1917,  on  $5,000  thereof,  and  fit  the  rate  of  two  per  cent  per  month 
on  $175  thereof,  from  the  tenth  day  of  December,  1916,  and  five  per 
cent  on  the  amount  found  due  for  attorney's  fee  provided  in  said  mort- 
gage, and  costs  of  suit;  that  the  usual  decree  may  be  made  for  the  sale 
of  said  premises,  or  so  much  as  may  be  necessary  to  pay  the  same, 
with  costs,  by  the  sheriff  of  the  said  city  and  county  [or  by  a  commis- 
sioner appointed  by  the  court;  or,  as  stipulated],  according  to  law  and 
the  practice  of  this  court;  that  the  proceeds  of  said  sale  may  be  ap- 
plied in  payment  of  the  amount  due  to  the  plaintiff,  and  that  said 
defendants,   and  all  persons  claiming    under  them,  or  either  of  them, 


711  Foreclosure  op  Mortgages.    Forms  1954, 1955 

subsequent  to  the  execution  of  said  mortgage  upon  said  premises,  either 
as  purchasers,  encumbrancers,  or  otherwise,  may  be  barred  and  fore- 
closed of  all  right,  claim,  or  equity  of  redemption  in  the  said  premises, 
and  every  part  thereof,  and  that  the  said  plaintiff  may  have  judgment 
and  execution  against  the  said  defendant,  A.  L.,  for  any  deficiency 
which  may  remain  after  applying  all  the  proceeds  of  the  sale  of  said 
premises  properly  applicable  to  the  satisfaction  of  said  jud.gment. 
That  the  plaintiff,  or  any  other  parties  to  the  suit,  may  become  pur- 
chaser at  said  sale ;  that  the  sheriff  [or  commisf^ioner]  execute  a  deed 
to  the  purchaser;  that  the  said  purchaser  be  let  into  the  possession  of 
the  premises  on  production  of  the  sheriff's  [or  commissioner's]  deed 
therefor;  and  that  he  may  have  such  further  relief  in  the  premises 
as  to  this  court  may  seem  meet  and  agreeable  to  equity, 

[Signature.] 
[Verification.] 

NOTE'.— See  Cal.  Code  Civ.  Proc,  sees.  426,  726. 

No.  1954.    Affidavit  of  Redemptioner. 

[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Butte, — ss. 

A.  B.  C,  being  sworn,  says:  That  he  is  the  owner  [or  agent  of  the 
owmer]  of  the  mortgage,  a  copy  of  which,  with  the  certificate  of  the 
recorder  of  the  county  of  Butte  is  hereto  attached,  and  marked  Exhibit 
"A";  that  the  sum  of  three  hundred  and  seventy -two  dollars  and  fifty 
cents  is  at  the  date  hereof  actually  due  to  affiant  from  the  maker 
thereof  on  said  mortgage  lien. 

NOTE.— California,  Code  Civ.  Proc,  sec.  705. 

No.  1955.    Notice  of  Pendency  of  Action  to  Foreclose  Mortgage. 
[Title  of  Court  and  Cause.] 
Notice  is  hereby  given  that  an  action  has  been  commenced  in  the 


court  of  the  county  of  ,  state  of  ,  by  the  above-named  plain- 
tiff, against  the  above-named  defendant,  for  the  foreclosure  of  a  mort- 
gage made  the  day  of  ,  19 — ,  by  to  ,  and  recorded 

in  the  office  of  the  county  recorder  of  the  county  of ,  state  of , 

on  the  day  of  ,  19—,  in  liber  of  mortgages,  page  , 

and  that  the  premises  thereby  mortgaged,  described  in  said  complaint, 

and  affected  by  this  suit,  are  situated  in  the  said  county  of ,  state 

of ,  and  are  described  as  follows,  to  wit ; 

[Signature.] 
Dated  this day  of ,  19 — . 

NOTE— California,  Code  Civ.  Proc,  sec.  409. 


Forms  1956, 1957         Cowdery's  Form  Book.  712 

No.  1956.     Complaint  to  Foreclose  Chattel  Mortgage. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains  and  alleges: 

I.  That  on  the  first  day  of  January,  1917,  at  the  city  of  Oakland, 
county  of  Alameda,  the  said  defendant  made  and  executed  his  certain 
promissory  note  in  writing,  in  the  words  and  figures  following,  to  wit: 
[here  copy  note],  whereby  he  promised  to  pay  plaintiff  the  sum  of 
two  thousand  dollars,  with  interest  at  the  time  and  in  the  manner 
therein  specified,  in  gold  coin  of  the  United  States,  and  then  and  Ihere 
delivered  the  said  note  to  the  said  plaintiff. 

II.  That  at  the  time  and  place  aforesaid,  in  order  to  secure  the 
payment  of  said  promissory  note,  the  said  defendant  executed  and  de- 
livered to  the  plaintiff  his  certain  instrument  in  writing,  under  seal, 
known  as  a  chattel  mortgage,  a  copy  of  which  is  hereto  annexed  as  a 
part  of  this  complaint,  marked  "Exhibit  A,"  which  said  chattel  mort- 
gage was  made  in  good  faitla,  for  the  purpose  aforesaid,  without  intent 
to  defraud  creditors  or  purchasers,  and  was  verified,  acknowledged, 
and  recorded,  pursuant  to  the  statute  in  such  case  made  and  provided. 

III.  That  the  property  mentioned  and  described  in  said  chattel 
mortgage  and  the  schedule  annexed  consisted  of  [here  describe  prop- 
erty and  where  situated]. 

IV.  That  no  proceedings  have  been  had  at  law,  or  otherwise,  for 
the  recovery  of  said  sura  and  interest,  or  any  part  thereof,  and  the 
same  is  still  wholly  owing  and  unpaid, — 

Wherefore,  the  plaintiff  prays  judgment: 

1.  That  the  defendant  be  foreclosed  of  all  interest,  lien,  and  equity 
of  redemption  on  said  mortgaged  property,  to  wit,  the  said  goods  and 
chattels. 

2.  That  the  same  be  sold,  and  that  the  proceeds  tliereof  be  applied 
to  the  payments  of  the  costs  and  expenses  of  this  action  and  of  counsel 
fees,  not  to  exceed  the  sum  of  $250,  and  of  the  amount  due  on  said 
note  and  mortgage,  with  interest  thereon  up  to  the  time  of  poyinont, 
at  the  rate  of  seven  per  cent  per  month. 

3.  That  the  said  defendant  be  adjudged  to  pay  any  deficiency  that 
may  remain  after  applying  all  said  money  as  aforesaid,  and  for  such 
other  and  further  relief  as  to  this  court  may  seem  just  in  the  premises. 

[Signatiu'e.] 
[Verification.] 

No.  1957.    Decree  of  roreclosure  of  Mortgage. 
[Title  of  Court  and  Cause.] 

This  cause  came  on  regularly  to  be  heard  in  open  court  on  this  first 
day  of  July,  1917,  J.  H.  S.  appearing  for  plaintiff,  and  the  defendant  not 
appearing. 

The  court  having  heard  all  the  evidence  and  proofs  produced  herein, 
and  duly  considered  the  same,  and  being  fully  advised  in  the  prem- 
ises, and  it  appearing  therefrom  to  the  satisfaction  of  the  court : 


713  Foreclosure  of  Mortgages.  Form  1957 

First.  Tliat  G.  B.,  the  above-named  defendant,  has  been  duly  and 
regularly  summoned  to  answer  unto  the  plaintiff's  complaint  herein,  and 
has  made  default  in  that  behalf,  and  that  the  default  of  each  defendant 
for  not  appearing  and  answering  unto  plaintiff's  complaint  has  been 
duly  and  regularly  entered  herein. 

Second.  That  on  the  third  day  of  May,  1917,  the  plaintiff  herein 
caused  to  be  filed  and  recorded  in  the  office  of  the  county  recorder  of 
the  city  and  county  of  San  Francisco,  a  notice  of  the  pendency  of  this 
suit,  containing  the  names  of  the  parties  thereto,  the  object  thereof, 
and  also  a  true  and  correct  description  of  the  lands  and  premises 
affected  thereby,  to  wit,  the  lands  and  premises  hereinafter  described. 

Third.  That  there  is  now  due  and  owing  to  the  plaintiff,  S.  D.,  from 
the  defendant  G.  B.,  upon  the  promissory  note,  and  for  money  ex- 
pended under  the  terms  of  said  mortgage,  set  forth  and  described  in 
plaintiff's  complaint,  the  sum  of  ten  thousand  dollars,  and  forty  cents, 
gold  coin  of  the  United  States,  and  that  the  defendant,  G.  B.,  is  per- 
sonally liable  for  the  whole  amount  thereof. 

That  there  is  also  due  plaintiff  from  defendant,  G.  B.,  two  hundred 
dollars  and  sixty  cents,  costs,  percentage  and  necessary  disbursements. 

Fourth.  That  the  said  sums  of  ten  thousand  and  forty-one-hundredth 
dollars  and  two  hundred  and  sixty-one  hundredth  dollars,  making  in  all 
ten  thousand  two  hundred  and  one  dollars,  in  gold  coin,  as  aforesaid, 
is  a  valid  lien  upon  the  lands  and  premises  in  plaintiff's  complaint, 
and  hereinafter  set  forth  and  described,  and  is  secured  by  the  mortgage 
mentioned  in  said  complaint. 

Fifth.  That  each  and  all  the  terms  and  conditions  of  said  mortgage 
have  been  broken  by  said  defendant,  G.  B.,  and  that  plaintiff  is  entitled 
to  have  said  mortgage  enforced  and  foreclosed,  and  the  lands  and 
premises  hereinafter  set  forth  and  described,  sold  in  the  manner  pre- 
scribed by  law,  and  the  proceeds  arising  from  such  sale  applied  to  and 
upon  the  payment  of  said  sum  of  money  so  due  as   aforesaid. 

Sixth.  That  each  and  all  of  the  allegations  and  averments  in  plain- 
tiff's complaint  contained  are  true  and  correct. 

Now,  therefore,  on  motion  of  J.  H.  S.,  counsel  for  plaintiff: 

It  is  adjudged  and  decreed,  that  all  and  singular  the  mortgaged 
premises  mentioned  in  the  said  complaint  and  hereinafter  described, 
or  so  much  thereof  as  may  be  sufficient  to  raise  the  amount  due  to  the 
plaintiff  for  the  principal  and  interest,  and  costs  of  this  suit,  and  ex- 
penses of  sale,  and  which  may  be  sold  separately  without  material  injury 
to  the  parties  interested,  be  sold  at  public  auction  by  the  sheriff  of  the 
city  and  county  of  San  Francisco  [or  by  S.  C.  M.,  a  commissioner 
hereby  appointed  to  make  said  sale],  in  the  manner  prescribed  by  law, 
and  according  to  the  course  and  practice  of  this  court,  and  that  the 
said  sheriff,  after  the  time  allowed  by  law  for  redemption  has  expired, 
executed  a  deed  to  the  purchaser  or  purchasers  of  the  mortgaged  prem- 
ises on  the  said  sale. 

That  the  said  sheriff  [or  commissioner],  out  of  the  proceeds  of  said 
sale,  retain  his  fees,  disbursements  and  commissions  on  said  sale,  and 
pay  to  the  plaintiff,  or  his  attorney,  out  of  said  proceeds,  the  sum  of 


Form  1957  Cowdery's  Form  Book  714 

two  hundred  and  one  dollars  and  sixty  cents,  costs  of  this  suit.  Also 
pay  to  the  plaintiff  the  further  sum  of  ten  thousand  dollars  and  forty 
cents,  the  amount  so  found  due  as  aforesaid,  together  with  interest 
thereon  at  the  rate  of  seven  per  cent  per  annum,  from  the  date  of  this 
decree,  all  in  gold  coin  of  the  United  States,  or  so  much  thereof  as  the 
said  proceeds  of  sale  will  pay  of  the  same. 

That  the  defendant,  G.  B.,  and  all  persons  claiming,  or  to  cJaini, 
from  or  under  him,  and  all  persons  having  liens  subsequent  to  said 
mortgage  by  judgment  or  decree  upon  the  land  described  in  said  mort- 
gage, and  his  personal  representatives,  and  all  persons  having  any  lien 
or  claim  by  or  under  such  subsequent  judgment  or  decree,  and  their 
heirs,  or  personal  representatives,  and  all  persons  claiming  to  have  ac- 
quired any  estate  or  interest  in  said  premises  subsequent  to  the  filing 
of  said  notice  of  the  pendency  of  this  action  with  the  recorder,  as 
aforesaid,  be  forever  barred  and  foreclosed  of  and  from  all  equity  of 
redemption  and  claim  of,  in  and  to  said  mortgaged  premises,  and 
every  part  and  parcel  thereof,  from  and  after  the  delivery  of  said 
sheriff's   [or  commissioner's]   deed. 

And  it  is  further  adjudged  and  decreed,  that  the  purchaser  or  pur- 
chasers of  such  mortgaged  premises  at  such  sale  be  let  into  possession 
thereof,  and  that  any  of  the  parties  to  this  action  who  may  be  in  pos- 
session of  said  premises,  or  any  part  thereof,  and  any  person  who,  since 
the  commencement  of  this  action,  has  come  into  possession  under  tliom, 
or  either  of  them,  deliver  possession  thereof  to  such  purchaser  or  pur- 
chasers, on  production  of  the  sheriff's  [or  commissioner's]  deed  for  such 
premises,  or  any  part  thereof. 

And  it  is  further  adjudged  and  decreed,  that  if  the  moneys  arising 
from  the  said  sale  shall  be  insufficient  to  pay  the  amount  so  found  due 
to  the  plaintiff,  as  above  stated,  with  interest  and  costs,  and  expenses 
of  sale,  as  aforesaid,  the  sheriff  [or  commissioner]  specify  the  amount 
of  such  deficiency  and  balance  due  to  the  plaintiff  in  his  return  of  said 
sale,  and  that  on  the  coming  in  and  filing  of  said  return,  the  clerk  of 
this  court  docket  a  judgment  for  such  balance  against  the  defendant, 
G.  B.,  and  that  the  defendant,  G.  B.,  pay  to  the  said  plaintiff  the  amount 
of  such  deficiency  and  judgment,  with  interest  thereon  at  the  rate  of 
seven  per  cent  per  annum  from  the  date  of  said  last-mentioned  return 
and  judgment,  and  that  the  plaintiff  have  execution  therefor. 

The  lands  and  premises  directed  to  be  sold  by  this  decree  are  situate, 
lying,  and  being  in  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, and  bounded  and  particularly  described  as  follows,  to  wit: 
[Description.] 

Together  with   all  and  singular  the   tenements,   hereditaments,   and 

appurtenances  thereunto  belonging  or  in  any  wise  appertaining. 

Dated . 

,  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sees.  726-729;  Alaska,  Comp.  Laws 
1913.  sees.  1683-1687;  Arizona,  Rev.  Stats.  1913,  par.  554;  Idaho,  Rev.  Codes 
1907,  sees.  4520-4522;  Montana,  Rev.  Codes,  sees.  6861-68G4;  Washington, 
Rem!  Codes,  sees.  1116-1119. 


715  Foreclosure  of  Mortgages.    Forms  1958, 1959 

No.  1958.     Order  of  Sale  on  Foreclosure  of  Mortgage. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  to  the  Sheriff  of  the  County  of , 

Greeting. 

Whereas,  on  the day  of ,  19 — , ,  the  above-named  i)lain- 

tiff,  recovered  a  judgment  and  decree  in  the court  of  the  county  of 

,  state  aforesaid,  against  ,  the  defendant,  in  an  action  wlierein 

the  said  was  plaintiff,  and  the  said  defendant,  which  said 

judgment  and  decree  was,  on  the  day  of  ,  19 — ,  recorded  in 

judgment-book  of  said  court,  at  page  and  the  roll  filed,  and 

judgment  and  decree  docketed  in  the  clerk's  office  thereof,  and  in  and 
by  which  said  judgment  and  decree  it  is  ordered,  adjudged  and  decreed 
that  the  lands  and  premises  mentioned  and  described  in  the  said  judg- 
ment and  decree  be  sold  at  public  auction,  as  in  said  judgment  and 
decree  particularly  set  out. 

Now  therefore  you,  the  said  sheriff,  are  hereby  commanded  and  re- 
quired to  proceed  to  give  notice  for  sale,  and  to  sell  the  premises 
described  in  said  judgment  and  decree,  a  copy  of  which  is  hereto  an- 
nexed and  made  a  part  hereof,  and  apply  the  proceeds  of  said  sale  as 
in  said  judgment  and  decree  directed,  and  to  make  and  file  your  report 
of  such  sale  with  the  clerk  of  this  court  within  sixty  days  from  the 
date  of  your  receipt  hereof,  and  to  do  all  things  according  to  the  terms 
and  requirements  of  said  judgment  and  decree  and  the  provisions  of 
the  statute  in  such  case  made  and  provided. 

Witness  my  hand  this day  of ,  19 — . 

•^  ,  Judge. 

No.  1959.    Notice  of  Sheriff's  Sale  on  Foreclosure  of  Mortgage. 
[Title  of  Court  and  Cause.] 
Under  and  by  virtue  of  an  order  of  sale  and  decree  of  foreclosure 

issued  out  of  the  court  of  the  county  of  ,  state  of  ,  on 

the  day  of  ,  19 — ■,  in  the  above-entitled  action,  wherein  , 

the    above-named   plaintiff,    obtained    a   judgment    and    decree    against 

and  ,  the  wife  of  said  ,  defendants,  on  the day  of 

,   19 — ,   which   said   decree   was,   on   the   day   of  ,   19 — , 

recorded  in  judgment-book of  said  court,  at  page : 


I  am  commanded  to  sell  all  that  certain  lot,  piece,  and  parcel  of  land 
situate  in  the  county  of ,  state  of ,  and  bounded  and  particu- 
larly described  as  follows,  to  wit:  ;  and 

Notice  is  hereby  given  that  on  the  day  of  ,  19 — ,  at 

o'clock  A.  M.  of  that  day,  in  front  of  the  ,  in  the  county  of 

,  I  will,  in  obedience  to  said  order  of  sale  and  decree  of  foreclojure, 

sell  the  above-described  property,  or  so  much  thereof  as  may  be  ncces- 
«ary  to  satisfy  plaintiff's  judgment,  Avith  interest  thereon  and  costs, 
to  the  highest  and  best  bidder  for  cash,  in  gold  coin  of  the  United 
States. 

'  '  [Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  726. 


Forms  1960, 1961         Cowdery's  Form  Book.  716 

No.  1960.    Certificate   of   Sale   on   Foreclosure,    by    Commissioner   or 

Sheriff. 
[Title  of  Court  and  Cause.] 

Under  and  by  virtue  of  a  decree  of  foreclosure  rendered  in  and  by  the 
above-entitled  court  in  said  action,  on  the  day  of  ,  19 — ,  en- 
tered on  the  day  of  ,  19—,  and  under  the  authority  of  an 

order  of  sale  thereon,  duly  issued  out  of  said  court,  attested  on  the 
day  of ,  19 — ,  and  to  me,  the  undersigned,  directed  and  deliv- 
ered, as  commissioner  duly  appointed  by  the  above-entitled  court  in 
said  action,  whereby  I  was  commanded  to  sell  the  property  in  said 
decree  and  hereinafter  described  according  to  law,  and  to  apply  the 
proceeds  of  sale  in  satisfaction  of  the  judgment  in  said  action,  amount- 
ing to dollars  ($ ),  with  interest  and  costs  as  specified  in  said 

decree : 

I,  ,  commissioner  as  aforesaid,  do  hereby  certify  that  I  duly 

sold  the  real  property  hereinafter  described,  on  the  day  of  , 

19_^  at o'clock  A.  M.  of  said  day,  at  public  auction,  according  to 

law,  after  due  and  legal  notice  given,  at  ,  in  said  county  of  , 

to ,  for dollars  ($ ),  he  being  the  highest  bidder,  and  that 

sum  the  highest  bid  therefor ; 

That  said  real  property  is  situate  in  the  county  of ,  state  of , 

and  particularly  described  as  follows,  to  wit :  . 

That  said  property  was,  by  direction  of  ,  the  defendant,  sold  in 

one  parcel;  that  the  highest  price  bid  therefor  was dollars  ($ ■), 

which  sum  was  the  whole  price  paid  for  the  same;  and  that  said  prop- 
erty is  subject  to  redemption  in  . 

Witness  my  hand  this day  of ,  19 — . 

,  Commissioner. 

NOTE.— California,  Code  Civ.  Proc,  sec.  682.  Before  the  sale  of  prop- 
erty on  execution,  notice  thereof  must  be  given,  in  the  ease  of  real  prop- 
erty, by  posting  written  notice  of  the  time  and  place  of  sale,  particularly 
describing  the  property,  for  twenty  days,  in  three  public  places  of  the  town- 
ship or  city  where  the  property  is  situated,  and  also  where  the  property  is 
to  be  sold,  and  publishing  a  copy  thereof  once  a  week  for  the  same  period, 
in  some  newspaper  of  general  circulation,  printed  and  published  in  the  city 
or  township  in  which  the  property  is  situated,  if  there  be  one;_  if  not,  then 
in  some  newspaper  of  general  circulation  printed  and  published  in  the 
county.  And,  if  the  judgment  is  made  payable  in  a  specified  kind  of  money, 
the  notice  must  state  the  kind  of  money  in  which  bids  may  be  made,  which 
must  be  the  kind  so  specified:  See  Cal.  Code  Civ.  Proc,  sec.  692.  This  law 
is  applicable  to  sales  on  foreclosure:  Code  Civ.  Proc,  sec.  726. 

No.  1961.     Certificate  of  Redemption  from  roreclosure. 

State  of , 

County  of ,  ss. 

I, ,  sheriff  of  the  county  of ,  state  of  - — ,  do  hereby  certify 

that  on  the  day  of  ,  19—,  ,  the  judgment  debtor  in  the 

action  hereinafter  mentioned,  in  due  form  of  law,  tendered  and  paid 
to  me  the  sum  of  dollars   ($ ),  being  in  full  payment  of  the 


717  Foreclosure  of  Mortgages.  Form  1962 

purcliase  price  paid  by  the  purchaser  at  the  sale  of  the  real  property 

hereinafter   described,   made   by   me   on   the  day   of   ,   19 — , 

under  the  decree  of  foreclosure  rendered  in  and  by  the court  of  the 

county  of  ,  state  of  ,  on  the  day  of  ,  19—,  in  the 

case  of  ,  plaintiff,  v.  defendant,  entered  on  the  day  of , 

19 — ,  and  by  virtue  of  an  order  of  sale  duly  issued  thereon  and  directed 
to  me,  whereby  I  was  required  to  make  sale  of  the  said  premises  as 
therein  directed;  that  said  sum  includes  per  cent  per  month  in- 
terest on  the  purchase  price  up  to  the  time  of  redemption,  together 
with  the  amount  of  all  taxes  and  assessments  paid  by  the  purchaser 
on  said  property  after  said  purchase,  and  interest  thereon;  that  I 
received  said  sum  of  money  so  tendered  and  paid;  and  that  I  thereupon 
executed  to  the  said this,  my  certificate  of  redemption  of  said  prop- 
erty, in  conformity  with  the  statute  in  such  case  made  and  provided. 
The  premises  so  redeemed  are  described  as  follows,  to  \vit : . 

Witness  my  hand  this day  of ,  19 — . 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ,  Proc,  sees.  701,  702,  726. 

No.  1962.    Sheriff's  Deed  on  Foreclosure. 

This  deed,  made  the  day  of  ,  19 — ,  by  — — ,  sheriff  of  the 

county  of ,  state  of ,  the  gi-antor,  to ,  grantee,  witntsseth : 

Whereas,  in  and  by  a  judgment  and  decree  made  and  entered  on  the 

day  of ,  19 — ,  in  and  by  the  court,  county  of ,  state 

of ,  in  a  suit  then  pending  in  said  court,  wherein was  plaintiff 

and was  defendant,  it  was,  among  other  things,  ordered,  adjadired, 

and  decreed  that  the  mortgaged  premises  described  in  the  com]^!aint 
and  decree  in  said  action  be  sold  at  public  auction  by  the  sheriff  of 
said  county,  in  the  manner  directed  by  law,  a  certified  copy  of  which 
decree,  with  an  order  of  sale  thereon,  was  duly  issued  and  delivered 
to  said  sheriff,  requiring  him  to  make  sale  of  said  premises  as  therein 
directed ; 

And  whereas,  in  obedience  to  said  decree  and  order  of  sale,  and  after 
due  public  notice  given  as  required  by  law,  the  said  sheriff  did,  on  the 
day  of  ,  19 — ,  at  o'clock,  ,  duly  sell  at  public  auc- 
tion, at  ,  in  said  county  of ,  the  premises  in  said  decree  and 

hereinafter  described ; 

And  whereas,  at  such  sale,  said  premises  were  fairly  sold  to  , 

the  grantee  herein,  for  the  sum  of  dollars  ($ ),  he  being  the 

highest  bidder,  and  that  sum  the  highest  bid  therefor;  which  sum 
was  duly  paid  by  said  purchaser  to  said  sheriff,  and  said  sheriff  tliere- 
upon  delivered  his  certificate  of  sale  to  said  purchaser,  and  filed  a 
duplicate  thereof  in  the  office  of  the  county  recorder  of  said  county 
of ,  as  required  by  law ; 

And  whereas  having  expired  since  the  date  of  said  sale,  and 

no  redemption  has  been  made  of  the  property  so  sold  by  any  person : 


Form  1963  Cowdery's  Form  Book.  718 

Now,  therefore,  in  consideration  of  the  premises,  and  of  said  sum  so 
paid  as  aforesaid,  and  in  compliance  with  the  statute,  said  grantor,  as 
sheriff  aforesaid,  does  hereby  grant,  bargain,  sell,  and  convey  to  said 
grantee,  and  his  heirs  and  assigns  forever,  all  that  real  property  sit- 
uate in  the  county  of ,  state  of ,  described  as  follows : . 

Together  with  all  tenements  and  appurtenances  thereunto  belonging. 

To  have  and  to  hold  the  above-described  premises  with  the  appurte- 
nances unto  said  grantee  and  his  heirs  and  assigns  forever. 

In  witness  whereof  said  grantor,  as  sheriff  aforesaid,  doth  hereunto 
set  his  hand  the  day  and  year  first  above  written. 

[Official  signature.] 

[Acknowledgment.] 

No.  1963.    Commissioner's  Deed  on  Foreclosure. 

This  deed,  made  the  day  of  ,  19—,  by  ,  commissioner, 

duly  appointed  in  the  action  and  for  the  purpose  hereinafter  set  forth, 
grantor,  to ,  grantee,  witnesseth: 

Whereas,  in  and  by  a  judgment  and  decree  made  and  entered  in  and 

by  the  court,  county  of  ,  state  of  ,  on  the  day  of 

,  19 — ,  in  an  action  then  pending  in  said  court  wherein  • 

was   plaintiff   and  was   defendant,   it   was,    among   other   things, 

ordered,  adjudged  and  decreed  that  the  mortgaged  premises  involved 
in  said  action,  and  in  said  decree  described,  should  be  sold  at  public 
auction,  by  said  grantor  as  commissioner,  in  the  manner  required  by 
law;  and  said  grantor  was  duly  appointed  commissioner  to  make  said 
sale,'by  said  court,  and  duly  qualified  as  such  commissioner. 

And  whereas,  in  obedience  to  said  decree,  a  certified  copy  of  which, 
with  an  order  of  sale  thereon,  was  duly  issued  and  delivered  to  him, 

the  said  commissioner,  the  said  grantor  did,  on  the  day  of  — — , 

19 ^  at  o'clock  ,  after  due  notice  of  sale  given  as  required 

by  law,  duly  sell  at  public  auction  at  ,  in  said  county  of  , 

the  premises  in  said  decree  mentioned  and  hereinafter  described. 

And  whereas  at  said  sale  said  premises  were  fairly  sold  to  ,  the 

grantee  herein,  for  dollars   ($ ),  he  being  the  highest  bidder 

and  that  sum  the  highest  bid  therefor,  v/hich  sum  was  duly  paid  by 
said  purchaser  to  said  commissioner,  and  thereupon  said  commissioner 
delivered  to  said  purchaser  his  certificate  of  sale,  and  filed  a  duplicate 

thereof  in  the  office  of  the  county  recorder  of  the  county  of  ,  as 

required  by  law. 

And   whereas   have   expired    from   the   date   of   said   sale,    and 

no  redemption  has  been  made  of  the  premises  so  sold  by  any  person, . 

Now  therefore,  in  consideration  of  the  premises,  and  of  said  sum 
so  paid  by  said  grantee,  said  gi-antor,  as  commissioner  aforesaid,  does 
hereby  grant,  bargain,  sell,  and  convey  to  said  grantee,  and  his  heirs 

and  assigns,  all  that  real  property  situate  in  the  county  of ,  state 

of ,  described  as  follows:  . 

Together  with  all  tenements  and  appurtenances  thereunto  belonging. 


719  Garnishment — Goods  Sold.    Forms  1964-1986 

To  have  and  to  hold  said  above-described  prciniscs,  Avith  the  appurte- 
nances, unto  said  grantee,  and  his  heirs  and  assigns  forever. 

In  witness  whereof  said  grantor  does  hereunto  set  his  hand,  as  com- 
missioner aforesaid,  the  day  and  year  fii-st  above  written. 

,  Commissioner. 

[Acknowledgment.] 

No.  1964.    Notice  of  roreclosiire,  by  Advertisement. — North  Dakota. 
Notice  is  hereby  given  that  a  certain  mortgage  executed  and  delivered 

by  ,  mortgagor,  to  ,  mortgagee,  dated  the  day  of  , 

19 — ,  and  filed  for  record  in  the  office  of  the  register  of  deeds  of  the 

county  of  ,   state  of  ^  on  the  day  of  ,  19 — ,   and 

recorded  in  book  of  at  page  ,  will  be  foreclosed  by  a 

sale  of  the  premises  in  such  mortgage   and  hereinafter  described,  at 

the  front  door  of  the  courthouse,  in  the  county  of ,  state  of  , 

at  the  hour  of  o'clock  ,  on  the  day  of  ,  19—,  to 

satisfy  the  amount  due  upon  such  mortgage  on  the  day  of  sale.     The 
premises  described  in  such  mortgage,  and  which  will  be  sold  to  satisfy 

the  same,  are  described  as  follows:  .     There  will  be  due  on  said 

mortgage,  at  the  date  of  sale,  the  sum  of dollars  ($ ). 

[Signature.] 

NOTE.— North  Dakota,  Comp.  Laws  1913,  sec.  8080. 

The  sale  must  be  at  public  auction,  between  the  hours  of  9  o'clock  in  the 
forenoon  and  the  setting  of  the  sun  on  that  day,  in  the  county  in  which  the 
premises  to  be  sold,  or  some  part  of  them,  are  situated,  and  must  be  made 
by  the  sheriff  of  the  county,  acting  in  person,  or  by  his  deputy,  to  the 
highest  bidder:  North  Dakota,  Comp.  Laws  1913,  sec.  8081. 


GARNISHMENT. 

See  Attachment. 

Garnishment  Summons — Justice  of  the  Peace — Washington,  No.  606, 

Garnishment  Summons — Colorado,  No.   603. 

Garnishment  Summons — ^Justice's  Court — North  Dakota,  No.  604. 

Garnishment  Summons — North  Dakota,  No.  605. 

Writ  of  Garnishment — Superior   Court — Washington,   No.   608. 

Writ  of  Garnishment — Justice  of  the  Peace — Washington,  No.  609. 


GOODS  SOLD. 

1986.     Complaint  on  account  for  goods  sold. 
1937.     Complaint  for  goods  sold. 

No.  1986.    Complaint  on  Account  for  Goods  Sold. 
[Caption] 

John  A.  Magee  and  Arthur  TV.  !Moore,  the  plaintiffs  in  the  above- 
entitled  action,  complaining  of  Francis  X.  Kast,  the  defendant  in 
the   said   action,    allege   that    said    plaintiffs    are    partners    in   business 


Forms  1987-1995         Cowdery's  Form  Book.  720 

under  the  firm  name  and  style  of  Magee,  Moore  &  Co.;  that  on 
the  seventeenth  day  of  November,  1871,  the  said  defendant  was  and 
still  is  indebted  to  the  said  plaintiffs  in  the  sum  of  $1,247.50  gold  coin, 
on  an  account  for  goods,  wares  and  merchandise,  consisting  of  leather 
and  shoe  manufacturers'  goods,  sold  and  delivered  by  the  said  plain- 
tiffs to  the  said  defendant,  at  his  special  instance  and  request,  at  the 
city  and  county  of  San  Francisco ;  that  no  part  of  the  said  sum  has  been 
paid;  that  there  is  now  due  to  the  said  plaintiffs  thereon,  from  the  said 
defendant,  the  sum  of  $1,247.50,  gold  coin,  with  interest  thereon  from 
the  seventeenth  day  of  November,  1871,  at  the  rate  of  - —  per  cent  per 
annum:  wherefore  the  said  plaintiffs  pray  judgment  against  the  said  de- 
fendant for  the  sum  of  $1,247.50,  gold  coin,  together  with  interest  thereon 
from  the  date  last  aforesaid,  and  costs  of  suit. 
NOTE. — Precedent  in  Magee  v.  Kast,  49  Cal.  141, 

No.  1987.    Complaint  for  Goods  Sold. 

[Title  of  Court  and  Cause.] 

The  plaintiffs  above  named  complain  of  the  defendant,  and  for  cause 
aver:  That  on  the  eleventh  day  of  August,  1863,  the  defendant  was  in- 
debted to  the  plaintiffs  in  the  sum  of  one  thousand  four  and  twenty  hun- 
dredths doUai-s  ($1,004.20/100),  on  an  account  for  goods  sold  and  de- 
livered by  the  plaintiffs  to  the  defendant,  at  his  request,  in  the  city  of 
Santa  Barbara;  and  that  no  part,  thereof  has  been  paid,  and  that  there 
is  now  due  them  thereon,  from  the  defendant,  the  sum  of  one  thousand 
four  and  twenty  hundredths  dollars,  with  interest  thereon  from  the 
eleventh  day  of  August,  1863. 

Wherefore  they  demand  judgment  as  against  the  defendant,  in  the 
sum  of  $1,004.20/100  dollars,  with  interest  from  the  eleventh  day  of 

August,  1863,  with  costs. 

,  Attorney  for  Plaintiff. 

[Verification.] 
NOTE. — Precedent  in  Abadie  v.  Carrillo,  32  Cal.  172. 

GRANT. 

See  Deeds. 

Grant  Deed — South  Dakota,  No.  1455. 
Grant  of  Additional  Term,  No.  2443. 
Grant  of  Franchise  by  State  to  be  a  Corporation — Oklahoma,  No.  1320. 


GUARANTY. 

1995.     Contract  guaranteeing  payment  of  rent. 

No.  1995.     Contract  Guaranteeing  Payment  of  Rent. 

In  consideration  of  the  letting  of  the  premises  described  in  a  certain 
lease  of  even  date  between  A  B  and  C  D,  and  for  the  sum  of  one  dol- 


721  Guardianship.  Form  1995 

lar,  I  do  hereby  become  surety  for  the  punctual  payment  of  the  rent, 
and  performance  of  the  covenants,  in  the  above-Avrltten  agi-cement  men- 
tioned, to  be  paid  and  performed  by  C  D,  as  therein  specified;  and  if 
any  default  shall  at  any  time  be  made  therein,  I  do  hereby  promise 
and  agree  to  pay  unto  the  landlord  in  said  agreement  named,  the  said 
rent,  or  any  arrears  thereof  that  may  be  due,  and  fully  satisfy  the  condi- 
tions of  the  said  agreement,  and  all  damages  that  may  accrue  by  reason 
of  the  nonfulfillment  thereof,  without  requii-ing  notice  or  proof  of 
demand  being  made. 

Dated ,  19—. 

[Signatures.] 

GUARDIANSHIP. 

1998.  Petition  for  appointment  of  guardian  of  minor. 

1999.  Petition  for  appointment  of  guardian  of  incompetent  perf^on. 

2000.  Affidavit  that  infant  is  imperiled,  -witli  request  that  guardian  be  ap- 

pointed. 

2001.  Order  for  custody  pending  guardianship  proceedings. 

2002.  Nomination  of  guardian  by  minor. 

2003.  Order  prescribing  notice  of  application  for  appointment  of  guardian. 

2004.  Order  appointing  day  for  hearing  application  for  letters  of  guardian- 

ship of  incompetent  person. 

2005.  Order  appointing  guardian  of  minors. 

2006.  Order  appointing  guardian  of  incompetent  person. 

2007.  Order   appointing  guardian  of  rnsane  person  where  first  appointee 

failed  to  qualify. 

2008.  Bond  of  guardian  on  qualifying. 

2009.  Condition  of  guardian's  bond — Washington. 

2010.  Letters  of  guardianship. 

2011.  Application  for  appointment  as  guardian  ad  litem. 

2012.  Order  appointing  guardian  ad  litem. 

2013.  Affidavit  that  guardian  refuses  to  properly  support  ward. 

2014.  Inventory  and  appraisement  of  estate  of  ward. 

2015.  Petition  of  guardian  for  order  of  sale  of  real  estate. 

2016.  Order  of  publication  of  order  to  show  cause  on  giiardian's  application 

for  order  of  sale  of  real  estate. 

2017.  Petition  of  guardian  for  order  of  sale  of  real  estate  in  order  to  re- 

invest proceeds. 

2018.  Consent  of  all  persons  to  sale  by  guardian. 

2019.  Order  of  sale  of  real  estate  by  guardian. 

2020.  Bond  of  guardian  on  sale  of  re9.1  estate. 

2021.  Petition  by  guardian  for  an  order  to  mortgage  real  estate. 

2022.  Petition  of  guardian  that  he  may  assent  to  partition  of  land. 

2023.  Order   granting   to   nonresident    guardian   leave   to   remove    ward's 

property  from  state. 

2024.  Complaint  by  infant,  suing  by  general  guardian, 

2025.  Complaint  by  infant,  suing  by  guardian  ad  litem. 

2030.  Eelease  to  guardian. 

2031.  Petition  for  allowance  out  of  income  of  minor  to  defray  expenses. 

2032.  Order  for  allowance  out  of  income  of  minor. 

CRO  SS-REFERENCES. 

See  Guardian  Sales. 
Eelease  to  a  Guardian,  No.  3253. 

Form  Book — 46 


Form  1998  Cowdery's  Form  Book.  722 

INTEODUCTORY  NOTE. 

The  statutes  covering  the  general  subject  of  guardian  and  ward 
are  cited  in  the  note  below. 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  1719  et  scq.;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sec.  1106  et  seq.;  California,  Code  Civ.  Proc,  sec.  1747 
et  seq.;  Colorado,  Mill's  Ann.  Stats.  1912,  sec.  7911  et  seq.;  Hawaii,  Rev. 
Code  1915,  sec.  3016  et  seq.;  Idaho,  Rev.  Codes  1907,  sec.  5770;  Kansas, 
Gen.  Stats.  1915,  see.  5042  et  seq.;  Montana,  Rev.  Codes  1907,  sees.  7733- 
7768;  Nebraska,  Rev.  Code  1913,  sec.  1628  et  seq.;  Nevada,  Rev.  Laws 
1912,  sec.  6149  et  seq.;  New  Mexico,  Stats.  Ann.  1915,  sees.  25o4-2o88; 
North  Dakota,  Comp.  Laws  1913,  sees.  8874-8925;  Oklahoma,  Harris  & 
Day's  Code  1910,  sees.  6522-6588;  Oregon,  Lord's  Oregon  Laws,  sec.  1310 
et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  5983  et  seq.;  Utah,  Comp.  Laws 
1907,  sees.  3983-3993;  Washington,  Rem.  Code,  sec.  1621  et  seq.;  Wyoming, 
Comp.   Stats.    1910,  see.  5735   et   seq. 

No.  1998.    Petition  for  Appointment  of  Guardian  of  Minor. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  City  and  County  of  San 
Francisco,  State  of  California: 

The  petition  of  M.  J.  respectfully  shows : 

That  your  petitioner  is  the  mother  of  W.  J.,  C.  J.  and  E.  J.,  minor 
children  of  T.  J.,  late  of  said  city  and  county,  deceased. 

That  said  minors  have  no  guardian  legally  appointed  by  will,  and  arc 
residents  of  said  city  and  county,  and  have  estate  within  said  city  and 
county  which  needs  the  care  and  attention  of  some  fit  and  proper  person. 

That  said  estate  consists  partly  of  cash  and  partly  of  undivided  inter- 
ests in  a  lot  of  land  in  said  city  and  county,  inherited  by  said  minors 
from  their  late  father,  and  lately  distributed  to  them  by  a  decree  of  the 
superior  court  of  said  city  and  county,  by  which  said  decree  the  admin- 
istratrix of  the  estate  of  said  deceased  was  directed  to  pay  and  deliver 
to  the  guardian  of  said  minors  the  cash  and  real  estate  belonging  to  them 
[or  state  such  other  facts  as  show  the  necessity  or  convenience  of  a 
guardian] . 

That,  therefore,  it  is  necessary  and  convenient  that  a  guardian  be 
appointed  to  the  persons  and  estates  of  said  minors. 

That  said  W.  J.  is  of  the  age  of  nineteen  years,  said  C.  J.  of  the  age 
of  seventeen  years,  and  E.  J.  of  the  age  of  fifteen  years ;  and  said  minors 
are,  at  present,  under  the  care  of  your  petitioner. 

That  the  only  relatives  of  the  said  minors  residing  in  said  city  and 
county  of  San  Francisco  are  F.  W.  and  H.  W.,  uncles  of  said  minors. 

"Wherefore,  your  petitioner  prays  that  your  honor  nominate  and  [or,  if 
the  minors  are  above  the  age  of  fourteen  years,  as  in  this  case,  and  have 
nominated  their  guardian,  then  omit  the  words  "nominate  and,"  and  say 
simply]  appoint  your  petitioner,  a  fit  and  proper  person,  or  such  other 
fit  and  proper  [or  if  the  minors  be  above  the  age  of  fourteen  years,  omit 
the  words  "fit  and  proper"]  person  as  said  minors  may  hereinafter  nomi- 
nate [or  if  said  minors  are  under  fourteen  years  of  age,  then  omit  the 


723  Guardianship.  Forms  1999, 2000 

words  "as  said  minors  may  hereinafter  nominate,"  and  say,  "as  to  your 
honor  may  seem  fit  and  proper"]  a  guardian  of  said  minors,  and  that 
your  honor  cause  such  notice  to  be  given  to  the  said  F.  W.  and  H.  W., 
as  your  honor  shall,  on  due  inquiry,  deem  reasonable. 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ,  Proc,  sec.  1747. 

No.  1999.  Petition  for  Appointment  of  Guardian  of  Incompetent  Person. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  City  and  County  of  San 
Francisco : 

The  petition  of  A.  D.  shows  to  the  court  that  he  is  the  oldest  son  of 
C.  D.  and  a  resident  of  said  city  and  county.  That  the  said  C.  D.,  over 
eighty  years  old,  is  an  invalid,  and  for  those  and  other  reasons  his  mind 
is  gi-eatly  impaired,  so  that  he  is  mentally  incompetent  to  manage  his 
property  or  to  care  for  himself. 

That  he  owns  nine  houses  and  lots,  in  said  city  and  county,  yielding 
a  net  income  of  twelve  hundred  dollars  a  month,  and  it  is  necessary  that 
a  guardian  be  appointed  to  manage  said  property. 

Wherefore  petitioner  prays  for  an  order  appointing  him  guardian  of 
his  father's  estate. 

Dated . 

[Signature.] 

NOTE. — When  a  person  is  insane  or  mentally  incompetent  to  manage  his 
property,  a  superior  court  may,  after  five  days'  notice  of  the  application, 
appoint  a  guardian  for  him.  If  such  person  is  able  to  attend  he  must  be 
present  at   the  hearing:    California,  Code   Civ.  Proc,  sec.   1763. 

No.  2000.    Affidavit  that  Infant  is  Imperiled,  With  Request  that  Guard- 
ian be  Appointed. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  has  petitioned  the  above-entitled 

court  to  be  appointed  guardian  of  the  person  and  estate  of ,  a  minor 

orphan  child  of  ,  deceased;  that  notice  has  been  given  as  ordered 

by  said  court  to ,  the  person  having  the  care  of  said  minor,  and  to 

all  relatives  of  said  minor  residing  in  said  county;  that  the  hearinsr  of 

said  application  has  been  set  before  said  court  for , ,  19 — ;  that 

affiant  is  an  uncle  of  said  minor,  and  is  interested  in  her  welfare;  that 
she  is  fourteen  years  of  age,  and  affiant  believes  that  she  will  be  im- 
periled if  permitted  to  remain  with  the  person  having  the  care  of  her; 
that  said  person  is ,  the  widow  of  said ,  and  said  minor's  step- 
mother. 


Forms  2001-2003         Cowdery's  Form  Book.  724 

Wherefore  affiant  asks  the  said  court  to  make  an  order  providing  for 
the  temporary  custody  of  said  minor  until  a  hearing  can  be  had  on  such 
petition. 

[Signature.] 
Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1747. 

This  afladavit  may  be  used  where  the  peril  has  arisen  since  the  petition 
was  filed.  If  it  existed  before  that  time,  the  facts  should  be  incorporated 
in  the  petition,  which  should  be  verified. 

No.  2001.    Order  for  Custody  Pending  Guardianship  Proceedings. 
[Title  of  Court  and  Cause.] 

Upon  reading  the  affidavit  of ,  filed  in  the  above-entitled  matter, 

it  is  ordered  that  the  sheriff  of  said  county  take  from  the  custody  of 

the  minor  girl, ,  and  place  said  minor  in  the  custody  and  care 

of  the until  the  further  order  of  this  court. 

NOTE.— See  Cal.  Cede  Civ.  Proc,  sec.  1747. 

No.  2002.    Nomination  of  Guardian  by  Minor. 

[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  County  of  Alameda. 

I  hereby  nominate  A.  B.,  and  join  in  his  petition  asking  the  court  to 
appoint  him  guardian  of  my  person  and  estate. 

Dated . 

[Signature.] 

NOTE. — If  a  minor  is  fourteen  years  of  age  he  may  nominate  his  own 
guardian,  and  the  court  is  commanded  to  "accordingly"  appoint  the  choice 
of  a  minor  if  he  approves  of  him:  California,  Code  Civ.  Proc,  sec.  1748.  If 
the  nominee  of  the  minor  is  not  approved  by  the  court,  and  if  the  minor 
neglects  for  ten  days,  after  citation,  to  appoint  a  suitable  guardian,  the 
court  may  appoint  one  for  him  as  if  he  were  under  fourteen  years  of  age: 
Code  Civ.  Proc,  sec.  1749.  In  brief,  a  minor  has  no  absolute  right  at  any 
time  to  choose  his  own  guardian:  Code  Civ.  Proc,  sec.  1750. 

No.  2003.    Order  Prescribing  Notice  of  Application  for  Appointment  of 

Guardian. 
[Title  of  Court  and  Estate.} 

M.  J.,  the  mother  of  W.  J.,  C.  J.,  and  E.  J.,  minors,  children  of  T.  J., 
late  of  the  city  and  county  of  San  Francisco,  deceased,  having  this  day 
made  application  by  petition  to  the  superior  court  of  this  city  and 
county  for  the  appointment  of  said  M.  J.  as  the  guardian  of  the  persons 
and  estates  of  said  minors,  it  is  hereby  ordered  and  directed  that  per- 
sonal notice  of  said  application  be  served  on  F.  W.  and  H.  W.  [if  the 
person  under  whose  care  the  minors  are  be  not  the  applicant  for  letters 
then  add  the  name  of  such  person],  by  citation,  at  least  five  days  before 
the  tenth  day  of  December,  1917,  requiring  said  parties  to  appear  before 


725  Guardianship.  Forms  2004, 2005 

said  court,  at  the  courtroom,  at  the  City  Hall,  in  said  city  and  county, 

on  said  tenth  day  of  December,  1917,  at  eleven  o'clock  A.  M.,  then  and 

there  to  show  cause,  if  any  they  have,  why  the  said  M.  J.  should  not  be 

appointed  the  guardian  of  the  persons  and  estates  of  the  said  minors, 

W.  J.,  C.  J.  and  E.  J. 

Dated . 

,  Judge. 

NOTE.— California,  Code  Cir,  Proc,  sec.  1747. 

No.  2004.     Order  Appointing  Day  for  Hearing  Application  for  Letters 

of  Guardianship  of  Incompetent  Person. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  Monday,  June  3,  1917,  at  10  o'clock  A.  M.,  be 
appointed  for  hearing  the  application  of  A.  D.  for  letters  of  guardian- 
ship of  the  person  of  C.  D.,  who  is  alleged  to  be  mentally  incompetent, 
and  that  the  clerk  of  this  court  give  notice  of  the  time  and  place  of  said 
hearing  to  the  said  C.  D.  by  citation,  and  it  is  ordered  that  the  citation 
be  served  at  least  ten  days  prior  to  the  time  set  for  the  hearing,  and  it 
is  further  ordered  that  it  be  served  by  the  sheriff  of  this  county. 

Dated . 

,  Judge  of  the  Superior  Court. 

NOTE. — The  statute  directs  notice  to  be  given  at  least  five  days  before 
the  hearing,  and  directs  that  the  said  incompetent  person  must,  if  able  to 
attend,  be  produced  at  the  hearing:  California,  Code  Civ.  Proc,  sec.  1763. 

No.  2005.     Order  Appointing  Guardian  of  Minors. 
[Title  of  Court  and  Estate.] 

The  petition  of  M.  J.,  for  the  appointment  of  herself  as  the  guardian 
of  the  person  and  estate  of  said  minors,  coming  on  regularly  to  be  heard 
on  this  tenth  day  of  December,  1917,  upon  due  proof  to  the  satisfaction 
of  said  court  that  due  notice  had  been  given  to  the  relatives  of  the  said 
minors  residing  in  this  city  and  county,  and  to  the  person  under  whose 
care  said  minors  are,  as  required  by  law,  and  as  directed  by  this  court, 
and  it  duly  appearing  to  the  court  that  said  minors  are  residents  of  the 
city  and  county  of  San  Francisco,  and  that  they  have  estate  within  the 
city  and  county  of  San  Francisco,  which  needs  the  care  and  attention  of 
some  fit  and  proper  person,  and  which  estate  is  of  the  value  of  ten 
thousand  dollars : 

It  is  hereby  ordered,  that  said  M.  J.  be,  and  she  is  hereby,  appointed 
guardian  of  the  persons  and  estates  of  said  minors,  W.  J.,  C.  J.  and 
E.  J.,  and  that  letters  of  guardianship  of  the  persons  and  estates  of  said 
minors  be  issued  to  her  upon  her  giving  bond  to  each  of  said  minors  in 
the  penal  sum  of  $10,0Q0. 

Dated . 

,  Judge. 


Forms  2006, 2007         Cowdery's  Form  Book.  726 

No.  2006.    Order  Appointing  Guardian  of  Incompetent  Person. 
[Title  of  Court  and  Estate.] 

It  is  hereby  ordered  that  A.  D.  be,  and  he  is  hereby,  appointed  guard- 
ian of  the  estate  of  C.  D.,  an  incompetent  person,  and  that  letters  of 
guardianship  issue  to  him  in  the  usual  form  upon  his  filing  a  bond,  in 
the  form  required  by  law,  in  the  sum  of  $10,000,  to  be  approved  by  the 
judge  of  this  court. 

Dated . 

,  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1765. 

No.  2007.    Order  Appointing  Guardian  of  Insane  Person  Where  First 

Appointee  Failed  to  Qualify. 
[Title  of  Court  and  Proceeding.] 

Now,  on  this  11th  of  July,  1870,  it  appearing  to  the  satisfaction  of 
the  court  that  James  Polk  Wright  is  insane,  and  by  reason  of  said  in- 
sanity incapable  of  properly  managing  his  own  affairs.  It  further 
appearing  that  said  James  Polk  Wright  is  a  resident  of  Butte  county, 
now  at  a  private  asylum  in  Alameda  county.  It  further  appearing  that 
said  James  Polk  Wright  is  the  owner  and  possessor  of  certain  real  and 
personal  property;  and  it  further  appearing  that  heretofore,  viz.,  on  the 
eighteenth  day  of  March,  A.  D.  1870,  a  petition  was  filed  by  one  Abra- 
ham T.  Enos,  praying  for  letters  of  guardianship  of  the  estate  and 
person  of  said  James  Polk  Wright,  and  it  appearing  on  proofs  adduced 
that  the  said  James  Polk  Wright  was  insane,  and  incompetent  to  manage 
his  own  affairs,  an  order  was  made  on  the  twenty-sixth  day  of  April, 
1870,  appointing  the  said  Abraham  T.  Enos,  guardian  of  the  estate  and 
person  of  the  said  James  Polk  AVright,  and  requiring  him  to  give  bond 
in  the  sum  of  three  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  his  duties  as  such  guardian.  And  it  further  appearing  that 
sufficient  time  having  been  given  to  the  said  Abraham  T.  Enos  to  file 
said  bond,  and  he  having  failed  to  do  so,  it  is  ordered  that  A.  Hallett, 
having  filed  his  petition  to  be  appointed  guardian  of  the  estate  and  per- 
son of  the  said  James  P.  Wright,  and  up^^  the  reading  of  said  petition, 
and  the  proofs  adduced,  it  is  ordered  that  the  said  A.  Hallett  be 
appointed  guardian  of  the  person  and  estate  of  the  said  James  P. 
Wright,  upon  his  filing  a  bond  to  said  Wright  in  the  sum  of  two  thou- 
sand dollars,  conditioned  for  the  faithful  performance  of  his  duties  as 
such  guardian. 

Dated  the  eleventh  day  of  July,  1870. 

John  Marshall, 
Judge. 

NOTE.— Precedent  in  Halett  v.  Patrick,  49  Cal.  591. 


727  Guardianship.  Forms  2008, 2009 

No.  2008.    Bond  of  Guardian  on  Qualifying. 
[Title  of  Court  and  Estate.] 

Know  all  men  by  these  presents:  That  we,  M.  J.,  as  principal,  and 
J.  D.  and  R.  R.,  as  sureties,  are  held  and  firmly  bound  unto  W.  J.,  a 
minor,  in  the  sum  of  one  thousand  dollars,  lawful  money  of  the  United 
States  of  America,  to  be  paid  to  the  said  W.  J.,  minor,  for  which  pay- 
ment well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors, 
and  administrators,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this  twelfth  day  of  December,  1917. 

The  condition  of  the  above  obligation  is  such,  that  whereas  an  order 
was  made  by  the  superior  court  of  the  city  and  county  of  San  Francisco, 
state  of  California,  on  the  tenth  day  of  December,  1917,  appointing  the 
above-bounden  M.  J.  the  guardian  of  the  person  and  estate  of  said  minor, 
and  directing  that  letters  of  guardianship  be  issued  to  her  upon  her  giv- 
ing a  bond  to  said  minor,  with  sufficient  sureties,  to  be  approved  by  the 
judge  of  said  superior  court,  in  the  penal  sum  of  one  thousand  dollars, 
conditioned  that  said  guardian  shall  faithfully  execute  the  duties  of  her 
trust,  according  to  law. 

Now,  therefore,  if  the  said  M.  J.  shall  faithfully  execute  the  duties  of 
her  trust,  according  to  law,  then  this  obligation  shall  be  void  and  of  no 
effect,  else  to  remain  in  full  force  and  virtue. 

[Signatures.] 

[Justification.] 

jfOTE. — In  California,  the  statute  provides  that  the  court  must  require 
of  the  guardian  a  bond  conditioned  that  he  will  faithfully  execute  the  duties 
of  his  trust  according  to  law;  and  the  following  conditions  shall  form  a  part 
of  said  bond  without  being  expressed  therein:  1.  To  make  an  inventory  of 
all  the  estate,  real  and  personal,  of  his  ward  that  comes  to  his  possession 
or  knowledge,  and  to  return  the  same  within  such  time  as  the  court  may 
order.  2.  To  dispose  of  and  manage  the  estate  according  to  law,  and  for 
the  best  interest  of  the  ward,  and  faithfully  to  discharge  his  trust  in  rela- 
tion thereto,  and  also  in  relation  to  the  care,  custody  and  education  of  the 
ward.  3.  To  render  an  account  on  oath  of  the  property,  estate  and  moneys, 
of  the  ward  in  his  hands,  and  all  proceeds  or  interests  derived  therefrom, 
and  of  the  management  and  disposition  of  the  same,  within  three  months 
after  his  appointment,  and  at  such  other  times  as  the  court  directs,  and  at 
the  expiration  of  his  trust  to  settle  his  accounts  with  the  court,  or  with  the 
ward,  if  he  be  of  full  age,  or  his  legal  representatives,  and  to  pay  over  and 
deliver  all  the  estate,  moneys,  and  effects  remaining  in  his  hands,  or  due 
from  him  on  such  settlement,  to  the  person  who  is  lawfully  entitled  thereto: 
California,  Code  Civ.  Proc,  sec.  1754. 

No.  2009.    Condition  of  Guardian's  Bond — Washington. 
[Title  of  Court  and  Estate.] 

The  condition  of  this  obligation  is  such  that  if  the  above-bounden 
,  who  has  been  appointed  guardian  for  ,  shall  faithfully  dis- 
charge the  office  and  trust  of  such  guardian  according  to  law,  and  shall 

render  a  fair  and  just  account  of  his  paid  guardifinsliip  to  the court 

for  the  count}'  of from  time  to  time  as  he  shall  thereto  be  required 

by  said  court,  and  comply  with  all  orders  of  said  court  lawfully  made 


Forms  2010, 2011         Cowdery's  Form  Book.  728 

relative  to  the  goods,  chattels,  and  moneys  of  such  minor,  and  render 
and  pay  to  such  minor  all  moneys,  goods,  and  chattels,  title  papers,  and 
effects  which  may  come  into  the  hands  or  possession  of  such  guardian 
belonging  to  such  minor  when  such  minor  shall  thereto  be  entitled,  or 
to  any  subsequent  guardian,  should  such  court  so  direct,  then  this  obli- 
gation shall  be  void ;  otherwise,  to  remain  in  full  force  and  virtue. 

NOTE.— See  Wash.  Rem.  Code,  see.  1632. 

No.  2010.    Letters  of  Guardianship. 
[Title  of  Court  and  Estate.] 

M.  J.,  is  hereby  appointed  guardian  of  the  person  and  estate  of  W.  J., 
a  minor. 

Witness,  W.  A.  S.,  clerk  of  the  superior  court  of  the  city  and  county 
of  San  Francisco,  with  the  seal  of  the  court  affixed,  the  twelfth  day  of 
December,  1917. 

By  order  of  the  court. 

[Seal]  W.  A.  S., 

Clerk  [etc.]. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

I  do  solemnly  swear  that  1  will  perform,  according  to  law,  the  duties 
of  guardian  of  the  person  and  estate  of  W.  J.,  a  minor. 

Subscribed  and  sworn  to  [etc.]. 

[Signature.] 

NOTE. — The  superior  court  of  each  county  may  appoint  guardians  for 
the  persons  and  estates,  or  either  of  them,  of  minors  who  have  no  guardian 
legally  appointed  by  will  or  deed,  and  who  are  inhabitants  or  residents  of 
the  county,  or  who  reside  without  the  state  and  have  estate  within  the 
county.  Such  appointment  may  be  made  on  the  petition  of  any  person  on 
behalf  of  the  minor,  or  on  the  petition  of  the  minor,  if  fourteen  years  of 
age.  Before  malting  such  appointment  the  court  must  cause  reasonable 
notice  to  be  given  to  any  person  having  the  care  of  such  minor,  and  to  such 
relatives  of  the  minor  residing  in  the  county  as  the  court  may  deem  proper: 
California,  Code  Civ.  Proc,  sec.  1747. 

No.  2011.    Application  for  Appointment  as  Guardian  Ad  Litem. 

[Title  of  Court  and  Cause.] 

represents  to  the  court  that  the  plaintiff  in  interest  therein, , 

is  under  age  of  fourteen  years;  that  he  has  no  general  guardian;  that 

applicant  is  a  friend,  and  also  the  attorney  for  said in  said  action ; 

and  that  it  is  necessary  for  said  to  have  a  guardian  ad  litem  in 

said  action. 

Wherefore  he  prays  that  he  may  be  appointed  guardian  ad  litem  for 
said  infant  in  said  action. 

[Signature.] 

NOTE. — ^See  Cal.  Code  Civ.  Proc,  sec.  843, 


729  Guardianship.  Forms  2012-2014 

No.  2012.    Order  Appointing  Guardian  Ad  Litem. 

[Title  of  Court  and  Cause.] 

Upon  reading  and  filing  the  application  of ,  a  friend  of ,  an 

infant  under  the  age  of  fourteen  years,  and  it  appearing  that  sufficient 

gi'ounds  exist  therefor,  it  is  ordered  that  said be  and  he  is  hereby 

appointed  guardian  ad  litem  for  said  infant  in  said  action. 

Dated . 

,  Judge. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  843. 

No.  2013.    Afadavit  That  Guardiaa  Refuses  to  Properly  Support  Ward. 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  Napa, — ss. 

A.  B.,  being  sworn,  says:  That  C.  D.  is  the  appointed,  qualified  and 
acting  gniardian  of  the  person  and  estate  of  A.  M.,  the  minor  son  of 
C.  B.,  deceased.  That  he  was  appointed  by  the  said  superior  court  of 
the  county  of  Napa  on  June  3,  1917.  That  said  minor  is  possessed  of 
an  estate  which  nets  him  $100  a  month ;  that  affiant  is  an  uncle  of  said 
minor,  and  is  interested  in  his  welfare.  That  said  minor  is  sixteen  years 
of  age,  strong  and  healthy,  and  mentally  sound,  also  gentle,  obedient 
and  affectionate.  That  said  guardian  has  been  requested  by  petitioner 
and  other  relations  to  send  his  ward  to  the  public  schools,  but  he  refuses 
to  do  so,  but  attempts  to  educate  him  at  home,  he,  the  said  guardian, 
being  the  only  teacher  he  has  had  since  letters  of  guardianship  were 
issued  to  said  guardian.  That  he,  the  said  guar<iian,  is  doing  what  he 
thinks  is  the  proper  thing  to  do,  but  he  is  himself  uneducated,  and  un- 
usually ignorant  of  arithmetic,  grammar,  writing  and  spelling. 

Wherefore,  afiSant  requests  the  court  to  cite  the  said  guardian  to 
appear  and  show  cause  why  said  minor  is  not  sent  to  the  public  schools 
[or  why  he  should  not  be  removed]. 

NOTE. — Whenever  a  guardian  fails,  neglects  or  refuses  to  furnish  suit- 
able and  necessary  maintenance,  support  or  education  for  his  ward,  the  court 
may  order  him  to  do  so,  and  may  enforce  said  order  by  proper  process:  Cali- 
fornia, Code  Civ.  Proc,  sec.  1771. 

No.  2014.    Inventory  and  Appraisement  of  Estate  of  Ward. 
[Title  of  Court  and  Estate.] 

The  following  is  a  true  inventory  and  appraisement  of  all  the  estate 
of  T.  J.,  a  minor,  which  has  come  into  the  possession  of  the  undersigned 
giiardian : 


Form  2015  Cowdery  's  Form  Book.  730 

Moneys  belonging  to  the  said  minor,  which  have  come  into  the 

hands  of  the  guardian $50  00 

Real  Estate. 
A  certain  lot,  piece  or  parcel  of  land,  situate,  lying;  and  being 
in  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, and  bounded  and  particularly  described  as  follows, 
to  wit :     [Description.]    8,850  00 

Personal  Estate. 
Household  Furniture: 

1  parlor  stove,  appraised  at  the  sum,  etc 20  00 

1  gold  watch  and  chain,  appraised  at  the  sum  of 100  00 

25  shares  of  the  Zenith  Gold  and  Silver  Mining  Company, 

appraised  at  $100  per  share 2,500  00 

Appraised  value  of  whole  estate $11,520  00 

The  whole  of  the  estate  mentioned  in  the  foregoing  inventory  is  com- 
munity property,  as  far  as  can  be  ascertained  from  said  gi;ardian. 

We,  the  undersigned,  duly  appointed  appraisers  of  the  estate  of  T.  J., 
a  minor,  hereby  certify  that  the  property  mentioned  in  the  foregoing 
inventory  has  been  exhibited  to  us,  and  that  we  appraise  the  same  at 
the  sum  of  fourteen  thousand  one  hundred  and  thirty-seven  dollars 
($14,137). 

No.  2015.    Petition  of  Guardian  for  Order  of  Sale  of  Real  Estate. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Said  Superior  Court  of  the  City  and  County  of 
San  Francisco,  State  of  California: 

The  petition  of  M.  J.,  the  guardian  of  the  persons  and  estates  of  W.  J., 
aged  4,  C.  J.,  aged  6,  and  E.  J.,  aged  8  years,  minors,  respectfully  shows: 

That  on  the  twelfth  day  of  December,  1917,  letters  of  guardianship 
were  issued  to  your  petitioner  by  this  court ;  that  your  petitioner  there- 
upon duly  entered  upon  the  discharge  of  her  duties  as  such  guardian; 
and  that  such  letters  have  not  been  revoked. 

That  within  three  months  after  her  appointment,  to  wit,  on  the  second 
day  of  March,  1917,  your  petitioner  duly  returned  to  this  court  a  true 
inventory  and  an  appraisement  of  all  the  estate,  real  and  personal,  of 
her  said  wards  that  has  come  to  her  possession  or  knowledge. 

That  the  following  is  a  description  of  all  the  real  estate  belonging  to 
said  ward:  [Description.] 

That  the  facts  and  circumstances  upon  which  this  petition  is  founded 
and  v/hich  render  a  sale  of  the  whole  of  the  said  real  estate  necessary 
and  beneficial  (or  either),  are  as  follows: 

Said  wards  have  no  income,  except  the  rents  of  said  land.  The  best 
rent  obtainable  is  three  hundred  dollars  a  year  for  all  the  land.  The 
least  sum  sufficient  for  the  maintenance  of  said  VN-ards  is  $450  a  year,  or 


731  Guardianship.  Form  2016 

$150  for  each.  The  taxes  on  said  land  average  $50  a  year,  leaving  a 
deficit  of  $200  a  year.  It  will  be  therefore  necessary  to  sell  all  of  said 
land  for  the  purpose  of  using  the  proceeds  to  maintain  said  wards. 

Wherefore  your  petitioner  prays  that  this  honorable  court  make  an 
order  directing  the  next  of  kin  of  the  said  wards,  and  all  persons  inter- 
ested in  the  said  estate,  to  appear  before  this  court,  to  show  cause  why 
an  order  should  not  be  granted  for  tlie  sale  of  such  estate;  and  that 
upon  such  hearing  this  honorable  court  may  order  said  real  estate  to  be 
sold,  for  the  maintenance  and  education  of  the  said  wards,  or  that  such 
other  or  further  order  may  be  made  as  is  meet  in  the  premises. 

Dated . 

[Signature.] 

NOTE  —In  California,  when  the  income  of  an  estate  under  guardianship 
is  insufficient  to  maintain  the  ward  and  his  family,  or  to  maintain  and 
educate  the  ward  when  a  minor,  his  guardian  may  sell  his  real  or  personal 
estate  for  that  purpose,  upon  obtaining  an  order  therefor:  California,  Code 
Civ.  Proc,  sec.  1777.  .    .  „         ^,    , 

See  Alaska,  Comp.  Laws  1913,  sec.  1750  et  seq.;  Arizona,  Kev.  Stats. 
(Civ.  Code  1913),  see.  1146  et  seq.;  California,  Code  Civ.  Proc,  sees.  In  <- 
1792;  Colorado,  Mill's  Ann.  Stats.  1912,  sec.  7965  et  seq.;  Hawaii,  Kev. 
Code  1915,  sec.  3046  et  seq.;  Idaho,  Kev.  Codes  1907,  sec.  5801  et  seq.; 
Kansas,  Gen.  Stats.  1915,  sec.  5051;  Montana,  Eev.  Codes  1907,  sees.  7/80- 
7795-  Nebraska,  Rev.  Code  1913,  sec.  1675  et  seq.;  Nevada,  Rev.  Laws 
1912  sec.  6170  et  seq.;  New  Mexico,  Stats.  Ann.  1915.  socs.  2568,  2o86; 
North  Dakota,  Comp.  Laws  1913,  sees.  8899-8912;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec.  6553  et  seq.;  Oregon,  Lord's  Oregon  Laws,  sec  ld4b 
et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  6009  et  seq.;  Utah,  Comp. 
Laws  1907,  sec.  4007,  4015;  Washington,  Rem.  Code,  sec.  1645  et  seq.; 
Wyoming,  Comp.  Stats.  1910,  sec.  5757  et  seq. 

No.  2016.    Order  of  PubHcation  of  Order  to  Show  Cause  on  Guardian's 

Application  for  Order  of  Sale  of  Real  Estate. 
[Title  of  Court  and  Estate.] 

It  appearing  to  this  court  from  the  petition  this  day  presented  and 
filed  by  M.  J.,  the  guardian  of  the  persons  and  estate  of  W.  J.,  C.  J.,  and 
E.  J.,  minors,  praying  for  an  order  of  sale  of  certain  real  estate  be- 
longing to  said  wards,  and  that  it  is  for  the  best  interests  of  said  wards, 
and  necessary  that  such  real  estate  should  be  sold ;  it  is  hereby  ordered 
that  the  next  of  kin  of  the  said  wards,  and  all  persons  interested  in  the 
said  estate,  appear  before  this  court  on  Tuesday,  the  fourteenth  day  of 
Febnaary,  1917,  at  10  o'clock  A.  M.,  at  the  courtroom  of  this  court,  at 
the  New  City  Hall,  in  the  city  and  county  of  San  Francisco,  then  and 
there  to  show  cause  why  an  order  should  not  be  granted  for  the  sale  of 
such  estate. 

And  it  is  further  ordered  that  a  copy  of  this  order  be  published  at 

least  once  a  week  for  three  successive  weeks  before  the  said  day  of 

hearing,  in  the  D.  E.  B.,  a  newspaper  printed  and  published  in  said  city 

and  county  of  San  Francisco. 

Dated . 

,  Judge. 


Form  2017  Cowdery's  Form  Book.  732 

NOTE. — In  California,  if  it  appear  from  the  petition  tliat  it  is  neeessary 
or  would  be  beneficial  to  the  ward  that  the  real  estate,  or  some  part  of  it, 
should  be  sold,  or  that  the  real  and  personal  estate  should  be  sold,  the  court 
must  thereupon  make  an  order  directing  the  next  of  kin  of  the  ward,  and 
all  persons  interested  in  the  estate,  to  appear  before  the  court,  at  a  time 
and  place  therein  specified,  not  less  than  four  nor  more  than  eight  weeks 
from  the  time  of  making  such  order,  to  show  cause  why  an  order  should 
not  be  granted  for  the  sale  of  such  estate.  [If  it  appear  that  it  is  neces- 
sary or  would  be  beneficial  to  the  ward,  to  sell  the  personal  estate  or  somo 
part  of  it,  the  court  must  order  the  sale  to  be  made.]  California,  Code  Civ. 
Proc,  see.  1782. 

No.  2017.    Petition  of  Guardian  for  Order  of  Sale  of  Real  Estate  in 

Order  to  Reinvest  Proceeds. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Said  Superior  Court  of  the  City  and  County  of 
San  Francisco,  State  of  California: 

The  petition  of  M.  J.,  the  guardian  of  the  persons  and  estates  of  W.  J., 
aged  4,  C.  J.,  aged  6,  and  E.  J.,  aged  8  years,  minors,  respectfully  shows : 

That  on  the  twelfth  day  of  December,  1917,  letters  of  guardianship 
were  issued  to  your  petitioner  by  this  court;  that  your  petitioner  there- 
upon duly  entered  upon  the  discharge  of  her  duties  as  such  guardian; 
and  that  such  letters  have  not  been  revoked. 

That  within  three  months  after  her  appointment,  to  wit,  on  the  second 
day  of  January,  1917,  your  petitioner  duly  returned  to  this  court  a  true 
inventory  and  an  appraisement  of  all  the  estate,  real  and  personal,  of 
her  said  wards  that  has  come  to  her  possession  or  knowledge. 

That  the  following  is  a  full  description  of  all  the  real  estate  belonging 
to  said  minors: 

An  undivided  three-eighths  in  all  that  certain  lot,  piece,  or  parcel  of 
land,  situate  in  the  city  and  county  of  San  Francisco,  state  of  California, 
and  described  as  follows,  to  wit:  [Description.] 

One-third  of  the  above  three-eighths,  that  is,  an  undivided  one-eighth 
of  the  whole  of  said  land,  belongs  to  each  of  said  minors. 

Said  minors  have  no  other  property  than  the  above;  the  sum  of 
$165.62^,  belonging  to  each,  paid  to  your  petitioner,  upon  her  receiving 
letters  of  guardianship,  by  the  late  administratrix  of  the  estate  of  their 
father,  T.  J.,  deceased,  and  mentioned  in  the  inventory,  having  been  all 
disposed  of  by  your  petitioner,  in  the  maintenance  and  education  of  said 
minors,  and  she  has  now  no  moneys  in  her  hands  belonging  to  said 
minors. 

The  above  re?l  estate  is  unimproved,  and  yields  no  income  whatever; 
and  said  undivided  eighth  interest  is  of  the  value  of  $1,500,  or  there- 
abouts, that  being  also  the  appraised  value  thereof. 

That  the  facts  and  circumstances  upon  which  this  petition  is  founded 
and  which  render  a  sale  of  the  whole  of  the  said  real  estate  necessary 
and  beneficial  are  as  follows:  The  taxes,  state,  and  city  and  county, 
levied  and  collected  each  year,  on  the  interest  of  said  wards  in  said  land 


733  Guardianship.  Form  2018 

are  $25.30.  Tliere  is  now  a  petition  before  the  hoard  of  supervisors  of 
said  city  and  county  to  grade,  sidewalk,  sewer,  and  pave  the  street  in 
front  of  the  said  land.  That  said  petition  will  probably  be  granted  and 
the  proposed  work  done  because  the  United  Railroads  Companies  have 
a  franchise  for  a  railroad  along  said  street,  and  said  street  is  necessary 
for  the  uses  of  said  railroad  company.  That  your  petitioner  has  been 
offered  $1,500  for  said  property.  That  if  said  property  is  sold,  peti- 
tioner proposes,  if  permitted  by  the  court,  to  invest  the  proceeds  in  the 
stock  of  B.  W.  and  Company,  a  corporation  whose  stock  pays  twenty 
per  cent  per  annum  dividends  to  its  stockholders,  and  said  dividends  are 
liable  to  continue  until  said  younger  child  is  of  legal  age. 

Wherefore,  your  petitioner  prays  that  this  honorable  court  make  an 
order  directing  the  next  of  kin  of  the  said  wards  and  all  persons  inter- 
ested in  the  said  estate,  to  appear  before  this  court  at  a  time  and  place 
therein  specified,  not  less  than  four  nor  more  than  eight  weeks  from 
the  time  of  making  such  order,  to  show  cause  why  an  order  should  not 
be  granted  for  the  sale  of  such  estate ;  and  that  upon  such  hearing,  this 
honorable  court  may  order  said  real  estate  to  be  sold,  in  order  that  the 
proceeds  may  be  put  out  at  interest,  or  invested  in  some  other  produc- 
tive stock,  if  not  the  stock  aforesaid,  or  that  such  other  or  further  order 
may  be  made  as  is  meet  in  the  premises. 

Dated . 

[Signature.] 

NOTE. — In  California,  upon  the  petition  of  the  guardian,  it  appearing  to 
be  for  the  benefit  of  his  ward  that  this  real  estate,  or  some  part  thereof, 
should  be  sold,  and  the  proceeds  thereof  put  out  at  interest,  or  invested  in 
some  productive  stock,  or  in  the  improvement  or  security  of  any  other  real 
estate  of  the  ward,  his  guardian  may  sell  the  same  for  sucli  pui-pose,  upon 
obtaining  an  order  therefor:  California,  Code  Civ.  Proc,  sec.  1778. 

No.  2018.    Consent  of  All  Persons  to  Sale  by  Guardian. 

[Title  of  Court  and  Estate.] 

We  the  undersigned,  being  the  father,  mother  and  all  the  brothers  and 
sisters  of  A.  B.,  a  minor,  and  being  all  those  interested  in  his  estate, 
hereby  consent  to  the  making  of  an  order  of  sale,  and  sale  of  all  that 
real  estate  described  as  follows,  to  wit  [description],  as  prayed  for  in 
the  petition  of  C.  D.,  the  guardian  of  said  A.  B.,  and  which  petition  was 
filed  in  said  court  on  June  3,  1917. 

NOTE. Unless  such  consent  is  given  the  court  must  order  notice  to  bo 

served  on  the  next  of  kin  and  on  all  persons  interested;  and  an  order  may 
be  made  to  publish  the  notice.  Such  consent  saves  four  weeks'  delay  ano 
saves  the  cost  of  service  and  publication:  California,  Code  Civ.  Proc,  sees. 
1782,  178a. 


Forms  2019, 2020         Cowdery's  Form  Book.  734 

No.  2019.    Order  of  Sale  of  Real  Estate  by  Guardian. 
[Title  of  Court  and  Estate.] 

The  petition  of  M.  J.,  the  guardian  of  the  persons  and  estate  of  the 
above-named  minors  for  authority  to  sell  certain  land,  coining  on  regu- 
larly to  be  heard  the  fourteenth  day  of  February,  1917,  and  the  court 
having  fully  heard  and  examined  the  proofs  and  allegations  of  said  peti- 
tion, and  all  and  singular  the  law  and  the  premises  being  by  the  court 
here  understood  and  duly  considered: 

Wherefore,  it  is  ordered,  adjudged  and  decreed,  that  said  M.  J.,  the 
guardian  of  the  persons  and  estates  of  W.  J.,  C.  J.,  and  E.  J.,  minors  as 
aforesaid,  do  and  she  is  hereby  authorized  to  sell  all  the  right,  title,  and 
interest  of  her  said  wards,  in  and  to  the  real  estate  hereinafter  de- 
scribed, at  public  auction,  upon  the  following  terms,  to  wit,  for  cash, 
gold  coin  of  the  United  States,  and  for  the  following  causes  or  reasons : 
That  the  income  of  said  estate  is  not  sufficient  to  maintain  and  educate 
said  wards,  and  it  would  also  be  for  the  benefit  of  said  wards  that  their 
real  estate  should  be  sold  in  order  that  the  proceeds  thereof  may  be  put 
out  at  interest. 

And  it  is  further  ordered  that  the  said  guardian  shall,  before  the  said 
sale,  give  bond  to  the  said  wards  in  the  penal  sum  of  fifteen  hundred  dol- 
lars, with  sufficient  security,  to  be  approved  by  said  court  or  judge,  with 
condition  to  sell  the  said  real  estate,  and  make  return  thereof  in  the 
manner  prescribed  by  law  for  the  sales  of  real  estate  by  executors  and 
administrators. 

The  following  is  the  real  estate  hereby  authorized  to  be  sold,  being 
situated  in  the  city  and  county  of  San  Francisco,  state  of  California, 
and  bounded  and  described  as  follows,  to  wit:  [Description.] 

Dated . 

[Signature.] 

NOTE. — In  California,  if  it  appears  necessary,  or  for  the  benefit  of  the 
ward,  that  his  real  estate,  or  some  part  thereof,  should  be  sold,  the  court 
may  grant  an  order  therefor,  specifying  therein  the  causes  or  reasons  why 
the  sale  is  necessary  or  beneficial,  and  may,  if  the  same  has  been  prayed  for 
in  the  petition,  order  such  sale  to  be  made  either  at  public  or  private  sale: 
California,  Code  Civ.  Proc,  see.  1787,  and  the  same  as  in  sales  by  executors. 

No.  2020.    Bond  of  Guardian  on  Sale  of  Real  Estate. 

[Title  of  Court  and  Estate.] 

Know  all  men  by  these  presents:  That  we,  M.  J.,  as  principal,  and 
J.  D.  and  R.  R.  as  sureties,  are  held  and  firmly  bound  to  W.  J.,  C.  J.  and 
E.  J.,  wards  of  the  above-bounden  M.  J.,  in  the  sum  of  fifteen  hundred 
dollars,  lawful  money  of  the  United  States  of  America,  to  be  paid  to 
the  said  wards,  for  which  payment,  well  and  truly  to  be  made,  we  bind 
ourselves,  our  and  each  of  our  heirs,  executors  and  administrators  jointly 
and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this  fifteenth  day  of  February,  1917. 


735  Guardianship.  Form  2021 

The  condition  of  the  above  obliiration  is  such,  that  whereas  an  order 
was  made  on  the  fourteenth  day  of  February,  1917,  by  the  superior  court 
of  the  said  city  and  county  of  San  Francisco,  authorizing  the  above- 
named  principal,  as  guardian  of  the  persons  and  estates  of  W.  J.,  C.  J., 
and  E.  J.,  minors,  to  sell  certain  real  estate,  the  property  of  said  minors, 
and  bond  in  the  sum  above  named  was  ordered  to  be  given  before  the 
sale. 

Now,  therefore,  if  the  said  M.  J.,  as  such  guardian,  faithfully  execute 
the  duties  of  her  trust  according  to  law,  and  shall  sell  the  said  real  es- 
tate in  the  manner  prescribed  by  law  for  sales  of  real  estate  by  executors 
and  administrators,  and  shall  account  for  and  dispose  of  the  proceeds 
of  the  sale  in  the  manner  provided  by  law,  then  this  obligation  to  be- 
void,  otherwise  to  remain  in  full  force  and  effect. 

Dated . 

[Signatures.] 

NOTE. — ^In  California,  before  a  sale  of  a  ward's  real  estate,  a  guardian 
must  give  a  bond  to  the  ward  with  condition  to  sell  the  land  in  the  manner, 
and  to  account  for  the  proceeds  of  the  sale,  as  provided  for  by  law:  Code 
Civ.  Proc,  sec.  1788.  All  the  provisions  of  law  respecting  sales  and  accounts 
of  sales  by  executors  and  administrators  are  applicable  to  sales  by  guard- 
ians: Code  Civ.  Proc,  sec.  1789. 

No.  2021.    Petition  by  Guardian  for  an  Order  to  Mortgage  Real  Estate. 

[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  County  of  Napa: 

The  petition  of  A,  B.  states  that  he  is  the  qualified  and  acting  guard- 
ian of  the  estate  of  C.  D.,  a  mentally  incompetent  person. 

That  the  said  C.  D.  is  the  owner  of  that  tract  of  land  and  improve- 
ments in  said  county  of  Napa,  described  as  follows,  to  wit:  [Description.] 

That  on  June  8,  1917,  this  court  adjudged  the  said  C.  D.  to  be  men- 
tally incompetent,  and  your  petitioner  was  appointed  guardian  of  his  es- 
tate. That  petitioner  took  charge  of  the  said  property,  and  immediately 
ascertained  that  it  was  valuable,  and  an  offer  has  been  made  by  a  re- 
liable person  to  rent  it  for  a  term  of  five  years  for  farming  purposes,  at 
a  yearly  rental  of  $1,200.  That  the  said  C.  D.  had,  during  the  years 
1913,  1914,  1915,  attempted  to  farm  said  land  but  on  account  of  his 
mental  incapacity  became  indebted  in  the  sum  of  $1,450,  including  taxes 
on  the  land.  That  the  creditors  of  said  C.  D.  are  pressing  petitioner  for 
payment  and  he  finds  it  impossible  to  pay  them  unless  said  land  is  sold 
or  mortgaged.  That  petitioner  has  ascertained  that  the  said  C.  D.  (lie 
having  no  family)  can  be  well  supported  on  a  net  income  of  $40  a 
month. 

That  petitioner  has  ascertained  that  he  can  borrow  $1,500  at  six  per 
cent  a  year  for  a  term  of  three  years  on  mortgage  of  said  land.  That 
the  cost  of  obtaining  said  mortgage,  recording,  and  the  costs  of  this  peti- 
tion will  be  $50.  That  the  rent  of  said  premises  for  three  j'ears  will  net 
$3,600,  and  after  deducting  $1,440,  expended  for  the  care  of  said  C-  D., 


Forms  2022, 2023         Cowdery's  Form  Book.  736 

there  will  remain  $2,160  to  apply  to  the  payment  of  the  principal  of  said 
rnoilgage  and  interest  and  a  balance  of  $390,  which  will  be  amply  suffi- 
cient to  meet  any  probable  deficiency  in  the  estimated  cost  of  mainte- 
nance during  said  three  years. 

Wherefore,  petitioner  prays  for  an  order  authorizing  him,  as  guardian 
of  the  said  C.  D.,  to  mortgage  said  property  for  the  amount,  interest  and 
purpose  in  this  petition  stated. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1770. 

No.  2022.    Petition  of  Guardian  That  He  may  Assent  to  Partition  of 

Land. 
[Title  of  Court  and  Estate.] 
To  the  Honorable,  the  Superior  Court  in  and  for  the  County  of  Alameda : 

The  petition  of  A.  B.,  guardian  of  C.  D.,  a  minor,  shows  that  said 
minor  is  the  owner  in  fee  of  an  undivided  one-third  of  all  that  tract  of 
land  described  as  follows,  to  wit:  [Description.] 

That  an  action  has  been  brought  by  his  cotenants,  E.  F.  and  G.  H., 
in  the  superior  court  of  said  Alameda  county,  against  said  C.  D.,  for 
partition  of  said  land  among  the  said  cotenants. 

That  your  petitioner  believes  that  said  land  may  be  so  divided  that 
each  owner  will  be  benefited  thereby. 

Wherefore  he  prays  for  an  order  authorizing  him  to  assent  to  the 
petition  prayed  for  in  said  action. 

A  copy  of  the  complaint  in  said  action  is  attached  hereto  and  is  re- 
ferred to  and  made  a  part  of  this  petition. 

Dated . 

[Signature.] 

NOTE. — Before  granting  the  partition  the  court  must  order  the  clerk 
to  mail  notices  of  the  application  to  all  the  known  relatives  of  the  ward 
residing  in  the  county  where  the  proceedings  are  had,  at  least  ten  days  be- 
fore the  hearing,  which  must  be  in  open  court:  California,  Code  Civ.  Proc, 
Bee.  1772. 

The  same  order  may  be  made  by  agreement  between  a  guardian  and  the 
cotenants  of  his  ward  without  action,  upon  partition  and  after  the  same 
notice:  California,  Code  Civ.  Proc,  sec.  1772. 

No.  2023.    Order  Grranting  to  Nonresident  Guardian  Leave  to  Remove 

Ward's  Property  from  State. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  A.  S.,  E.  S.,  and  M.  S.  are  minors  and 
residents  of  the  town  of  Galway,  county  of  Saratoga,  in  the  state  of  New 
York,  that  A.  B.  is  the  guardian  of  the  persons  and  estate  of  said  minors 
in  said  state  of  New  York  and  is  a  resident  of  said  state,  and  that  he 
has  filed  in  this  court  a  transcript  of  the  record  of  his  appointment  as 
said  guardian,  and  it  also  appearing  that  he  has  entered  upon  the  dis- 
charge of  his  duties  in  said  state,  and  that  he  is  entitled  by  the  laws 


737  Guardianship.  Forms  2024, 2025 

of  the  state  of  New  York  to  the  possession  of  all  the  estate  of  his  said 
wards,  wherever  it  may  be;  and  it  also  appearing  to  the  court  that  each 
of  said  minors  is  entitled  under  the  laws  of  the  state  of  California,  to 
one-twelfth  part  of  all  the  personal  property  remaining  in  the  hands  of 
the  executor  of  the  last  will  of  S.  D.,  deceased,  as  appears  by  the  final 
account  of  the  executor  of  said  estate  on  file  in  this  court,  case  No. 
30,363,  Department  No.  5,  and  also  by  the  decree  of  distribution  in  said 
estate. 

It  is  ordered  that  J.  C.  R.,  the  executor  of  the  last  will  of  S.  D.,  de- 
ceased, deliver  to  said  A.  B.,  as  guardian  aforesaid,  all  the  following  de- 
scribed property,  to  wit  [description],  and  the  said  guardian  is  hereby 
granted  leave  to  remove  said  property  from  the  state  of  California. 

Dated . 

,  Judge. 

NOTE. — Under  the  facts  as  they  appear  in  the  above,  such  order  will  be 
made;  and  when  the  foreign  guardian's  receipt  is  filed  with  the  clerk  of  the 
California  court,  and  a  duplicate  forwarded  to  the  court  from  whicli  the 
nonresident  guardian  received  his  appointment,  the  California  executor  is 
discharged  from  further  liability:  California,  Code  Civ.  Proc,  sees.  1798, 
1799. 

No.  2024.    Complaint  by  Infant,  Suing  by  General  Guardian. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  he  is  under  the  age  of years. 

2.  That  on  the day  of ,  19 — ,  at ,  the  above-named  — - 

was  duly  appointed  by  the  court  of  county,  state  of  , 

guardian  of  the  property  and  person  of  the  plaintiff. 

3.  [State  the  cause  of  action.] 
Wherefore  [etc.]. 

[Signature.] 

No.  2025.    Complaint  by  Infant,  Suing  by  Guardian  Ad  Litem. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges ; 

1.  That  he  is  under  the  age  of years,  to  wit,  of  the  age  of 

years. 

2.  That  on  the day  of ,  19 — ,  at ,  the  above-named 

was  duly  appointed  by  the  court  of  the  county  of  ,  state  of 

,  the  guardian  of  the  above-named  ,  for  the  purposes  of  this 

action. 

3.  [State  the  cause  of  action.] 
Wherefore  [etc.]. 


Form  Book- 


[Signature.] 


Forms  2030-2032         Covvdery's  Form  Book.  738 

No.  20S0.    Release  to  Guardian. 

Be  it  known  that ,  son  and  heir  of ,  deceased,  now  over 

3'ears  old,  has  remised,  released,  and  forever  quitclaimed,  and  by  these 

presents  does  remise,  release,  and  forever  quitclaim,  unto ,  of , 

his  guardian,  all  manner  of  actions,  causes  of  action,  suits,  reckonings, 

accounts,  debts,  dues,  and  demands  whatsoever  which  he,  the  said  , 

ever  had,  now  has,  or  which  he,  his  executors  or  administrators,  at  any 

time  hereafter  may  have,  claim,  or  demand  against  the  said  ,  his 

executors  or  administrators,  for,  touching,  or  concerning  the  manage- 
ment and  disposition  of  any  of  the  lands,  tenements,  and  hereditaments 

of  the  said ,  situate  [etc.],  or  any  part  thereof,  or  for  or  by  reason 

of  any  moneys,  rents,  or  profits  by  him  received  out  of  the  same,  or  any 

payments  made  thereout,  during  the  minority  of  the  said  ,  or  by 

reason  of  any  matter,  cause,  or  thing  whatsoever  relating  thereto,  from 
the  beginning  of  the  world  to  the  day  of  the  date  hereof. 

Witness  my  hand  and  seal  this day  of ,  19 — . 

Exeeuted  in  presence  of . 

[Signature.] 

No.  2031.    Petition  for  Allowance  Out  of  Income  of  Minor  to  Defray 

Expenses. 
[Title  of  Court  and  Guardianship.] 

,  the  guardian  of  the  person  and  estate  of ,  a  minor,  respect- 
fully represents  that  the  said  minor  has  an  income  derived  from  her  es- 
tate, of  about  five  hundred  dollars  per  annum,  which  is  amply  sufficient 

to  maintain  and  educate  said  minor;  that ,  the  father  of  said  minor, 

is  not  able  financially  to  expend  the  sums  required  to  maintain  and  edu- 
cate said  minor  in  a  suitable  manner;  that  it  is  for  the  best  interest  of 
said  minor  that  she  be  sent  to  attend  the  State  University  at  Berkeley, 
California,  and  that  the  sum  of  four  hundred  dollars  per  annum  will  be 
required  to  pay  her  necessary  expenses  while  she  is  attending  said 
university ; 

Wherefore  petitioner  asks  an  order  of  this  court  authorizing  him  to 
expend  said  sum  of  four  hundred  dollars  annually,  for  the  purposes  here- 
inbefore mentioned. 

,  Petitioner. 

,  Attorney  for  Petitioner. 

No.  2032.    Order  for  Allowance  Out  of  Income  of  Minor. 

[Title  of  Court  and  Guardianship.] 

It  appearing  that  ,  a  minor,  has  a  sufficient  annual  income  to 

maintain  and  educate  her,  and  that  her  father  is  not  able  to  maintain 
and  educate  her  in  a  suitable  manner ; 

It  is  ordered  that  ,  the  guardian  of  the   (person  and)  estate  of 

said  minor,  be  and  he  is  hereby  authorized  to  expend  tlie  siim  of  four  hun- 


739  Habeas  Corpus.  Form  2041 

dred  dollars  annually,  out  of  the  income  of  said  estate,  for  the  purpose 
of  maintaining  and  educating  said  minor. 

Dated . 

,  Judge  of  Superior  Court. 


HABEAS  CORPUS. 

2041.  Petition  for  writ  of  habeas  corpus. 

2042.  Order  for  writ  of  habeas  corpus  to  issue. 

2043.  Writ  of  habeas  corpus. 

2044.  Eeturn  to  be  indorsed  on  or  annexed  to  writ  of  habeas  corpus. 

2045.  Undertaking  when  admitted  to  bail  by  habeas  corpus. 

No.  2041.    Petition  for  Writ  of  Habeas  Corpus. 
[Title  of  Court  and  Cause.] 

To  the  Honorable ,  Judge  of  the  Superior  Court  of  the  City  and 

County  of  San  Francisco,  State  of  California: 

The  petition  of respectfully  shows: 

That    he,    the    said    ,    is    unlawfully    imprisoned,    detained    and 

restrained  of  his  liberty  by ,  sheriff  of  the  city  and  county  of  San 

Francisco,  at  the  county  jail,  in  the  city  and  county  of  San  Francisco, 
in  the  State  of  California. 

That  said  imprisonment,  detention,  confinement  and  restraint  are 
illegal,  and  that  the  illegality  thereof  consists  in  this,  to  wit  [state  the 
facts] . 

That  no  prior  application  has  been  made  for  a  writ  of  habeas  corpus 
in  regard  to  the  detention  or  restraint  complained  of  in  this  application 
[or  if  such  prior  application  or  applications  have  been  made,  set  out  a 
brief  statement  of  all  the  proceedings  had  therein  to  date,  including  the 
final  order  or  orders  made  therein  on  appeal  or  otherwise]. 

Wherefore  your  petitioner  prays  that  a  writ  of  habeas  corpus  may 

be  granted,  directed  to  the  said  ,  sheriff  as  aforesaid,  commanding 

him  to  have  the  body  of  said before  your  honor  at  a  time  and  place 

therein  to  be  specified,  to  do  and  receive  what  shall  then  and  there  be 

considered  by  your  honor,  concerning  said  ,  together  with  the  time 

and  cause  of  his  detention,  and  said  writ;  and  that  he,  said  ,  may 

be  restored  to  his  liberty. 

Dated  . 

[Signature.] 

NOTE. — In  California,  a  person  unlawfully  imprisoned  or  restrained  of 
his  liberty,  under  any  pretense,  inay  prosecute  a  writ  of  habeas  corpus,  to 
inquire  into  the  cause  of  such  imprisonment  or  restraint.  Tho  application 
may  be  signed  by  the  prisoner,  or  by  any  person  on  his  behalf,  and  must 
specify:  1.  That  the  person  is  restrained  of  his  liberty,  the  officer  or  person 
by  whom  he  is  confined  or  restrained,  and  the  place  where,  and  naming  all 
the  parties,  if  known,  or  describing  thom,  if  not  known;  2.  If  the  restraint 
is  alleged  to  be  illegal,  the  petitioner  must  state  in  what  the  alleged  ille- 
gality consists;  3.  The  petition  must  be  verified  bv  the  party  making  the 
application:   Pen.  Code,  sees.  1473-1475. 


Forms  2042, 2043         Cowdery's  Form  Book.  740 

See  Alaska,  Cornp.  Laws  1913,  sec.  1401;  Arizona,  Eev.  Stats.  (Pen.  Code 
1913),  sec.  333;  California,  Pen.  Code,  sec.  1473  et  seq.;  Colorado,  Mill's 
Ann.  Stats.  1912,  sec.  3344  et  seq.;  Hawaii,  Eev.  Code  1915,  sec.  2718  et  seq.; 
Idaho,  Rev.  Codes  1907,  sec.  8341;  Kansas,  Gen.  Stats.  1915,  s«c.  7621; 
Montana,  Rev.  Codes  1907,  see.  9631;  Nebraska,  Rev.  Code  1913,  sec.  9247 
et  seq.;  Nevada,  Rev.  Laws  1912,  sec.  6226;  New  Mexico,  Stats.  Ann.  1915, 
sec.  2591  et  seq.;  North  Dakota,  Comp.  Laws  1913,  sees.  11,359-11,399; 
Oklahoma,  Harris  &  Day's  Code  1910,  sees.  4882-4906;  Oregon,  Lord's 
Oregon  Laws,  sec.  627  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  7839 
et  seq.;  Utah,  Comp.  Laws  1907,  sec.  1069;  Washington,  Rem.  Code,  sec. 
1065;   Wyoming,  Comp.  Stats.  1910,  sec.  6326  et  seq. 

No.  2042.    Order  for  Writ  of  Habeas  Corpus  to  Issue. 
[Title  of  Court  and  Cause.] 

Upon  reading  and  filing  the  petition  of  P.  S.,  duly  signed  and  verified 
by  him,  whereby  it  appears  that  he  is  illegally  imprisoned  and  restrained 
of  his  liberty  by  J.  T.  R.,  sheriff  of  the  county  of  San  Joaquin,  at  the 
county  jail  in  the  county  of  San  Joaquin,  in  the  state  of  California,  and 
stating  wherein  the  alleged  illegality  consists,  from  which  it  appears  to 
me  that  a  writ  of  habeas  corpus  ought  to  issue,  it  is  ordered  that  a  writ 
of  habeas  corpus  issue  out  of  and  under  the  seal  of  the  superior  court 
of  the  state  of  California,  county  of  San  Joaquin,  directed  to  the  said 
J.  T.  R.,  sheriff  as  aforesaid,  commanding  him  to  have  the  body  of  the 
said  P.  S.  before  me,  in  the  courtroom  of  the  said  court,  at  the  county 
of  San  Joaquin,  on  the  twenty-first  day  of  January,  1917  at  two  o'clock 
P.  M.  of  that  day,  to  do  and  receive  what  shall  then  and  there  be  con- 
sidered concerning  tlie  said  petitioner,  P.  S.,  together  with  the  time  and 
cause  of  his  detention,  and  that  you  have  then  and  there  the  said  writ. 

Dated . 

f  Judge. 

NOTE.— California,  Pen.  Code,  sec.  1476. 

No.  2043.    Writ  of  Habeas  Corpus. 
[Title  of  Court  and  Cause.] 

In  the  Superior  Court  of  the  County  of  San  Joaquin,  State  of  California. 
The  People  of  the  State  of  California,  to  J.  T.  R.,  Sheriff  of  the  County 
of  San  Joaquin,  Greeting: 

We  command  you,  that  you  have  the  body  of  P.  S.,  by  you  imprisoned 
and  detained,  as  it  is  averred,  together  with  the  time  and  cause  of  such 
imprisonment  and  detention,  by  whatsoever  name  said  P.  S.,  shall  be 
called  or  charged,  before  C.  V.  R.  P.,  judge  of  the  superior  court  of  the 
state  of  California,  at  the  courtroom  of  said  superior  court,  county  of 
San  Joaquin,  on  the  twenty-first  day  of  April,  1916,  at  2  o'clock  in  the 
afternoon  of  that  day,  to  do  and  receive  what  shall  then  and  there  be 
considered  concerning  the  said  P.  S. ;  and  have  you  then  and  there  this 
writ. 

[Or,  we  command  you  in  person,  and  not  by  deputy  or  agent,  to  have 
the  body  of  P.  S.,  by  you  detained  as  the  petition  filed  in  this  proceed- 


741  Habeas  Corpus.  Forms  2044, 2045 

ing  avers;  and  at  tlie  same  time  you  are  eommanrled  to  state  in  writing, 
in  your  return  to  this  writ,  the  cause  of  your  imprisonment  or  detention 
of  said  P,  S.  [if  the  person  detained  is  known  by  some  other  name,  then 
add]  by  whatever  name  said  so-called  P.  S.  is  known;  the  said  P.  S. 
to  be  brought  before  the  Honorable  F.  H.  K.,  judge  of  the  superior  court 
of  the  city  and  county  of  San  Francisco,  state  of  California,  on  tlie  third 
day  of  July,  1916,  at  2  o'clock  in  the  afternoon  of  that  day,  to  the  end 
that  justice  may  be  done.]  And  you  are  commanded  to  have  then  and 
there  this  writ,  with  j^our  return  indorsed  thereon  or  annexed  thereto; 
[or,  if  the  prisoner  is  to  be  brought  before  the  highest  court  of  the  state, 
add:]  before  our  justices  of  our  supreme  court  at,  etc.;  or,  immediately 
after  the  receipt  of  this  writ  [or,  instantly  upon  the  receipt  of  this  writ] , 
you  are  commanded  to  bring,  etc.,  before  our  said  justices  who  are  at 
this  moment  sitting  as  a  court  awaiting  the  return  of  this  writ  [or, 
before  one  or  more  of  said  judges  or  justices]. 

Witness  the  Honorable ,  judge  of  the  said court,  at  the  court- 
room thereof,  in  the  county  of ,  this day  of ,  19 — . 

Attest  my  hand  and  the  seal  of  said  court  the  day  and  year  last  above 
written. 

[Seal]  ,  Clerk. 

By  ,  Deputy  Clerk. 

NOTE. — See  Cal.  Pen.  Code,  sec.  1477,  and  Wash.  Rem.  Code,  sec.  1067. 
See,  also,  Utah,  Comp.  Laws,  1907,  sec.  1075. 

In  some  of  the  states,  the  writ  may  be  issued  by  a  probate  judge. 

No.  2044.    Return  to  be  Indorsed  on  or  Annexed  to  Writ  of  Habeas 
Corpus. 

In  obedience  to  the  within  [or  annexed  writ],  I  certify  and  return 
to  [the  court  or  officer  ordering  the  writ]*  that  before  the  coming  of 
said  writ  to  me,  namely  on,  [etc.],  at,  [etc.]  [state  the  commitment,  if 
any,  annexing  a  copy  thereof  to  the  return,  and  detail  the  facts]  ;  to  all 
of  which  I  certify  and  have  here  with  me  the  body  of  said  P.  S.,  as  by 
the  said  writ  commanded. 

[Or,  as  in  the  above  return  to  asterisk]  that  neither  at  the  time  of  the 
allowance  of  said  writ,  nor  at  any  time  since,  was  the  said  P.  S.  in  my 
custody,  nor  was  he  restrained  by  me  of  his  liberty;  wherefore  I  can- 
not have  his  body  before  [the  court  or  officer  ordering  the  writ],  as  by 
said  writ  I  am  commanded. 

[Signature.] 

No.  2045.    Undertaking  When  Admitted  to  Bail  by  Habeas  Corpus. 
State  of  California, 
County  of  Amador. 

In  the  Matter  of  the  People  of  the  State  of  California  v.  George  Dodge. 

Whereas  the  above-named  defendant  was  held  by  Justice  M.  F.  Little, 

Township  No.  1,  county  and  state  aforesaid,  on  an  examination  held 


Form  2056  Cowdery's  Form  Book.  742 

before  him  on  the  first  day  of  March,  A.  D.  1861,  to  answer  to  the  charge 
of  grand  larceny,  alleged  to  have  been  committed  by  said  defendant  at 
said  county  on  or  about  the  twenty-sixth  day  of  January,  1861.  And 
whereas,  said  justice  in  his  commitment  of  defendant  to  the  custody  of 
the  sheriff  of  said  county  failed  to  state  therein  that  the  defendant  was 
entitled  to  bail.  And  whereas,  defendant  by  writ  of  habeas  corpus  this 
day  sued  out  in  said  county  was  thereby  brought  before  the  county  judge 
of  said  county  on  said  writ  for  the  purpose  of  giving  bail.  And  whereas, 
on  the  hearing  of  said  writ  of  habeas  corpus  before  the  honorable,  the 
county  judge,  the  said  judge,  on  a  full  investigation  of  said  writ  ordered 
that  said  defendant,  George  Dodge,  now  imprisoned  as  set  forth  in  said 
writ,  be  admitted  to  bail  in  the  sum  of  $1,000,  and  that  upon  giving  such 
bail  bond  that  the  defendant,  George  Dodge,  be  discharged  from  arrest 
and  imprisonment. 

Now,  therefore,  we,  P.  M.  Dodge  and  Samuel  Love,  of  the  state  afore- 
said, and  householders  therein,  for  and  in  consideration  of  the  premises, 
and  of  the  discharge  of  said  defendant  George  Dodge,  from  his  arrest 
and  imprisonment  as  above  stated,  do  by  these  presents  undertake  and 
promise  in  the  penal  sum  of  $1,000,  that  the  said  defendant  shall  be  and 
appear  before  any  court  having  jurisdiction  of  said  cause,  if  said  de- 
fendant shall  be  required  so  to  do,  and  answer  any  charge  that 
may  be  found  against  him,  and  at  all  times  to  render  himself  amenable 
to  the  order  of  the  court  in  which  said  action  is  tried,  and  if  found 
guilty,  to  render  himself  in  execution;  and  if  defendant  fail  in  either 
case,  then  we  bind  ourselves  jointly  and  severally  unto  the  state  of  Cali- 
fornia in  the  penal  sum  of  $1,000,  and  for  the  payment  of  which  we 
bind  ourselves,  our  heirs  and  executors  firmly  by  these  presents. 

Jackson,  March  11,  1861. 


P.  M.  Dodge. 
Samuel  Love. 


NOTE. — Precedent  in  People  v.  Love,  19  Cal.  677. 


HEIRSHIP— PROCEEDINGS  TO  DETERMINE. 

2056.  Petition  for  determination  of  heirship. 

2057.  Order  and  citation  on  the  petition  to  determine  heirship. 

2058.  Order  establishing  service  of  notice  on  petition  to  determine  heirship. 

2059.  Decree  determining  heirship  of  intestate. 

2060.  Decree  establishing  heirship  of  testate. 

No.  2056.    Petition  for  Determination  of  Heirship. 

[Title  of  Court  and  Estate.] 

To  the  Honorable  Superior  Court  aforesaid: 

The  petition  of respectfully  represents : 

That  died  intestate  in  the  county  aforesaid  on  ,  19 — ;  that 

subsequently  such  proceedings  were  had  that  on  the  day  of  , 

19—,  Robert  Reed  was  appointed  by  the  aforesaid  superior  court  ad- 


743  Heirship — Proceedings  to  Determine.      Form  2057 

ministrator  of  the  estate  of  said  deceased,  and  that  thereafter  on  said 
day  he  qualified  as  said  administrator  and  received  a  grant  of  letters 
of  administration,  and  that  he  is  now  the  duly  qualified  and  acting 
administrator  of  said  estate. 

That  more  than  one  year  has  elapsed  since  the  issuance  of  said  letters. 

That  your  petitioner  is  an  heir  of  said  deceased;  and  that  he  has  been 
informed,  and  he  believes,  that  certain  persons  who  are  not  heirs  of  said 
deceased  claim  to  be  his  heirs. 

Wherefore  your  petitioner  prays  that  the  court  ascertain  and  declare 
the  rights  of  all  persons  to  said  estate,  and  all  interests  therein,  and  to 
wliom  distribution  thereof  should  be  made. 

Dated  .  ^  Petitioner. 

,  Attorney  for  Petitioner. 

NOTE. — When  the  petition  is  filed  the  court  will  make  an  order  directing 
service  of  notice  to  all  persons  interested  in  the  estate  to  apjioar  and  "show 
cause":  California,  Code  Civ.  Proc,  sec.  1664.  It  is  difficult  to  ascertain 
what  cause  interested  persons  are  cited  to  show.  It  is  certain  that  a  pro- 
ceeding under  the  Code  of  Civil  Procedure  to  determine  heirship  cannot  be 
instituted  until  the  expiration  of  a  year  from  the  issuance  of  letters:  Smith 
V.  Westerfield,  88  Cal.  374,  26  Pae.  206.  The  matter  does  not  concern  an 
administrator,  and  he  will  not  be  allowed  to  litigate  the  claim  of  one  alleged 
heir  against  another:  Estate  of  Oxarart,  78  Cal.  109,  20  Pac.  367. 

The  pendency  of  proceedings  to  determine  heirship  does  not  deprive  the 
court  of  jurisdiction  to  determine  the  heirship  upon  petition  for  final  dis- 
tribution: Estate  of  Sheid,  129  Cal.  172,  61  Pae.  920. 

No.  2057.     Order  and  Citation  on  the  Petition  to  Determine  Heirship. 
[Title  of  Court  and  Estate.] 

Upon  reading  and  filing  the  jjetition  of  ,  praying  this  court  to 

ascertain  and  declare  the  rights  of  all  persons  interested  in  the  estate 
of ,  deceased,  and  to  whom  distribution  thereof  should  be  made: 

It  is  ordered  that  the  following  named  persons  be  made  parties  to 

this  proceeding,  to  wit ,  administrator  of  said  estate, and  , 

the  heirs  of  said  deceased  [and  A.  B.,  C.  D.,  and  L.  M.  all  the  legatees 

and  devisees  of  said  decedent],  and  and  ,  persons  who  claim 

an  interest  in  the  estate  of  said  decedent,  and  John  Doe  and  Richard 
Roe,  whose  real  names  are  unknown,  and  who  are  therefore  mentioned 
by  fictitious  names,  they  being  persons  who  claim  some  interest  in  said 
estate. 

It  is  further  ordered  that  all  persons  interested  in  said  estate,  includ- 
ing the  persons  above  named,  appear  on  the day  of ,  19 — ,  and 

set  forth  the  nature  and  extent  of  their  respective  claims  in,  to,  or  upon 
the  property  and  estate  of  said  decedent,  of  which  the  following  de- 
scribed real  property  forms  a  part  [here  insert  a  description  of  all  the 
real  property  belonging  to  the  estate]. 

It  is  further  ordered  that  a  notice  containing  a  statement  of  the  mat- 
ters mentioned  in  this  order  be  served  upon  all  persons  interested  in  said 
estate  in  the  same  manner  as  summons  in  a  civil  action. 

,  Judge  of  Superior  Court. 


Forms  2058-2060         Cowdery's  Form  Book.  744 

No.  2058.    Order  EstaWishing  Service  of  Notice  on  Petition  to  Deter- 
mine Heirship. 
[Title  of  Court  and  Cause.] 

The  fact  of  such  service  having  been  established  to  the  satisfaction 
of  the  court,  it  is  adjudged  that  service  of  notice  and  order  to  show 
cause  issued  in  the  above-entitled  matter  for  the  ascertainment  of  the 
rights  of  all  persons  interested  in  said  estate  as  to  their  heirship  has 
been  made  as  required  by  law. 

Dated . 

,  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sees.  1664,  1705;  Montana,  Rev.  Codes, 
sec.  7670. 

No.  2059.    Decree  Determining  Heirship  of  Intestate. 
[Title  of  Court  and  Estate.] 

The  matter  of  the  determination  of  heirship  in  the  above-entitled 
estate  coming  on  this  day  regularly  for  hearing,  and  due  proof  to  the 
satisfaction  of  the  court  being  made  of  the  service  of  notice  of  this  pro- 
ceeding as  directed  by  this  court  and  required  by  law,  and  the  evidence 
of  the  respective  parties  being  introduced,  and  the  cause  being  submitted 
to  the  court  for  its  decision: 

It  is  adjudged  that  ,  the  widow  of  deceased,  is  entitled  to  one- 
half  of  all  the  community  property  of  said  decedent,  and  also  that  she 
is  entitled  to  one-fourth  of  all  the  separate  property  of  decedent;  that 
. and  are  each  entitled  to  one-sixth  of  said  community  prop- 
erty of  said  decedent,  and  that  they  are  each  entitled  to  one-fourth  of 
the  said  separate  property  of  decedent; 

That  said  community  property  is  described  as  follows,  to  wit  [here 
insert  description] ; 

That  said  separate  property  is  described  as  follows,  to  wit  [here  insert 
description] . 

It  is  hereby  further  ordered  and  adjudged  that  the  costs  of  this  pro- 
ceeding shall  be  paid  pro  rata  by  the  parties  hereto  in  proportion  to  the 
amount  which  each  is  entitled  to  receive  as  his  distributive  share  of  said 
estate,  and  said  costs  are  hereby  taxed  at  the  sum  of  $ . 

Done  in  open  court  this day  of ,  19 — . 

,  Judge  of  Superior  Court. 

No.  2060.    Decree  Establishing  Heirship  of  Testate. 
[Title  of  Court  and  Cause.] 

The  above-entitled  matter  coming  on  regularly  to  be  heard  this  third 
day  of  June,  1917,  and  A.  B.,  C.  D.,  E.  P.,  and  G.  H.,  having  appeared 
by  their  attorney,  and  L.  J.,  K.  L.,  and  M.  N.,  having  failed  to  appear, 
and  their  faults  having  been  entered  as  ordered  by  this  court,  and  the 
entire  matter  relating  to  the  rights  of  all  the  persons  hereinabove  men- 


745  Homestead.  Form  2060 

tioned  having  been  presented  to  the  court  and  submitted  for  judgment 
upon  the  merits: 

It  is  adjudged  and  decreed  as  follows,  that  is  to  say,  the  A.  B.  L. 
aforesaid  died  intestate  on  the  third  day  of  June,  1916.  That  said  de- 
ceased left  a  will  which  has  been  admitted  to  probate  herein,  and  that 
by  the  terms  of  said  will  the  whole  of  the  said  estate  is  devised  and 
bequeathed  as  follows,  to  wit,  a  specific  money  legacy  of  $9,000  is  be- 
queathed to  A.  F.  and  personal  property  described  as  follows  [descrip- 
tion], is  bequeathed  to  C.  D,  and  the  following  described  real  estate  is 
devised  to  E.  D.,  to  wit:  [Description.]  And  all  the  residue  of  said 
estate  is  disposed  of  as  follows :  The  entire  remainder  thereof  to  go  to 
0.  F.,  R.  C,  and  T.  M.,  in  equal  portions,  and  upon  the  distribution  of 
said  estate  it  shall  be  so  awarded. 

NOTE.— California,  Code  Civ.  Proc,  sees.  1664-1705:  Montana,  Eev.  Codes, 
sec.  7670. 


HOMESTEAD. 

See  Probate  Homestead. 

20V1.  Declaration  of  homestead  by  huslDand. 

2072.  Declaration  of  homestead  by  wife. 

2073.  Declaration  of  homestead  by  wife  on  her  separate  property. 

2074.  Declaration  of  homestead  by  husband  on  wife's  separate  property. 

2075.  Declaration  of  homestead  by  unmarried  head  of  family. 

2076.  Declaration  of  homestead  by  person  not  head  of  family. 

2077.  Abandonment  of  homestead. 

2078.  Order  assigning  homestead  to  the  innocent  party  on  divorce. 
,  2079.  Order  assigning  homestead  to  the  innocent  party  on  divorce. 

2080.  Order  for  eciual  division  of  homestead  on  divorce. 

2081.  Order  for  sale  of  homestead  and  division  of  proceeds  on  divorce. 

2082.  Application  for  appraisers  on  execution  against  homestead. 

2083.  Notice  of  time  and  place  of  hearing  on  application  for  appraisers  of 

homestead. 

2084.  Order  appointing  appraisers  on  execution  against  homestead. 

2085.  Oath  of  appraisers  on  execution  against  homestead. 

2086.  Eeport.  of  appraisers  opposing  division  of  land. 

2087.  Eeport  of  appraisers  favoring  division  of  land. 

2088.  Order  directing  homestead  be  sold,  and  surplus  above  five  thousand 

dollars  applied  on  execution. 

2089.  Order  directing  division  of  homestead  land. 

2090.  Order  setting  apart  homestead  and  permitting  execution  against  sur- 

plus. 

2091.  Order  fixing  compensation  of  appraisers  on  execution  against  home- 

stead. 

2092.  Application  of  husband  of  insane  wife  to  sell  homestead. 
2096.     Petition  for  decree  vesting  homestead  in  surviving  wife. 

INTRODUCTORY  NOTE. 

Creation  of. — In  California,  a  homestead  is  created  by  a  declara- 
tion in  writing  showing:  1.  That  the  person  making  it  is  the  head 
of  a  family,  and  the  name  of  the  spouse,  if  the  claimant  is  married ; 
or  when  it  is  made  by  his  wife,  showing  that  her  husband  has  not 


Cowdeky's  Form  Book.  746 

made  snch  declaration,  and  that  she  therefore  makes  it  for  their 
joint  benefit;  2.  A  statement  that  the  person  making  it  is  residing 
on  the  premises  and  claims  them  as  a  homestead ;  3.  A  description 
of  the  premises;  4.  An  estimate  of  their  actual  cash  value:  Code 
Civ.  Proc,  sec.  1263.  A  husband  is  the  head  of  a  family  when 
he  is  married,  and  in  the  following  order  every  person  who  is  re- 
siding on  the  premises  with  him  or  her,  and  under  his  or  her  care 
and  maintenance :  1.  His  or  her  minor  child  or  minor  grandchil- 
dren, or  the  minor  child  of  his  or  her  deceased  wife  or  husband ; 
2.  A  minor  brother  or  sister,  or  the  minor  child  of  a  deceased  brother 
or  sister;  3.  A  father,  mother,  grandfather  or  grandmother ;  4.  The 
father,  mother,  grandfather  or  grandmother  of  a  deceased  husband 
or  Mdfe;  5.  An  unmarried  sister  or  any  other  of  the  relatives  men- 
tioned of  legal  age  and  who  are  unable  to  take  care  of  or  support 
themselves:  Civ.  Code,  sec.  1261. 

Who  may  Select. — The  husband  or  other  head  of  the  family, 
or  in  case  the  husband  has  not  made  a  selection,  the  wife  must 
execute  and  acknowledge  in  the  same  manner  as  a  grant  of  real 
property  is  aclmowledged,  a  declaration  of  homestead  and  file  the 
same  for  record:  Civ.  Code,  sec.  1262. 

Value  of  Premises. — The  constitution  of  the  state  of  California 
provides  for  homesteads  by  article  XVII,  section  1.  The  Civil  Code 
fixes  the  value:  1.  Head  of  family,  not  exceeding  five  thousand 
dollars;  2.  Any  other  person,  not  exceeding  one  thousand  dollars. 
The  declaration  must  state  an  estimate  of  the  actual  cash  value  of 
the  premises :  Ames  v.  Eldred,  55  Cal.  136,  There  are  many  other 
cases  to  the  same  point,  and  it  appears  to  make  no  difference  what 
form  of  words  is  used  or  the  value  placed  on  the  premises,  be  it 
more  or  less  than  five  thousand  dollars,  even  if  the  word  "cash" 
is  omitted  before  the  word  "value."  In  King  v.  Gotz,  70  Cal.  236, 
11  Pac.  656,  the  value  was  placed  at  seven  thousand  dollars:  Civ. 
Code,  sec.  1266. 

Exemption  of. — It  is  exempt  from  execution  or  forced  sale  ex- 
cept: 1.  To  satisfy  judgments  obtained  before  declaration  was 
filed  for  record,  which  judgments  are  liens  upon  the  premises; 
2.  On  debts  secured  by  liens  under  the  mechanic's  lien  law  and 
vendor's  liens  upon  the  premises ;  3.  On  debts  secured  by  mortgages 
on  the  premises  executed  and  acknowledged  by  husband  and  wife, 
or  by  an  unmarried  claimant;  4.  On  debts  secured  by  mortgage 
on  the  premises,  executed  and  recorded  before  the  declaration  of 
homestead  was  filed  for  record :  Civ.  Code,  sees.  1240,  1241, 


747  Homestead.  Forms  2071, 2U72 

No.  2071.    Declaration  of  Homestead  by  Husband. 

Be  it  known  that  I,  ,  do  hereby  declare  that  I  am  the  head  of 

a  family;  that  I  am  married,  and  the  name  of  my  wife  is  ;  tliat 

my  family  consists  of  my  said  wife  and  children. 

That  I  am,  at  tlie  time  of  making  this  declaration,  actually  residing 
on  the  premises  hereinafter  described,  and  that  I  claim  said  premises 
as  a  homestead. 

The  i^remises  so  claimed  by  me  are  the  real  property  situate  in  the 
county  of ,  state  of ,  and  described  as  follows :  . 

Together  with  the  dwelling-house  thereon  and  appurtenances. 

That  I  estimate  the  actual  cash  value  of  said  premises  to  be  dol- 
lars ($ ). 

In  witness  whereof  I  hereunto  set  my  hand  this day  of ,  19 — . 


[To  be  acknowledged.] 


[Signature.] 


NOTE.— See  Cal.  Civ.  Code,  sees.  1238,  1260,  1262. 

The  declaration  of  homestead  must  contain:  A  statement  showing  that 
the  person  making  it  is  the  head  of  a  family,  and,  if  the  claimant  is  mar- 
ried, the  name  of  the  spouse;  or,  when  the  declaration  is  made  by  the 
wife,  showing  that  her  husband  has  not  made  such  declaration,  and  that 
she  therefore  makes  the  declaration  for  their  joint  benefit,  a  statement  that 
the  person  making  it  is  residing  on  the  premises,  and  claims  them  as  a  home- 
stead; a  description  of  the  premises;  and  an  estimate  of  their  actual  cash 
value:  See  Cal.  Civ.  Code,  sec.  1263.  In  California,  a  homestead  by  any 
head  of  a  family  must  not  exceed  five  thousand  dollars  ($5,000)  in  value; 
and  one  by  any  other  person  must  not  exceed  one  thousand  dollars  ($1,000) 
in  value. 

No.  2072.    Declaration  of  Homestead  by  Wife. 

Know  all  men  by  these  presents:  That  I  do  hereby  declare  that  I  am 
married.  That  my  husband's  name  is  J.  C.  F.,  and  that  I  do  now, 
at  the  time  of  making  this  declaration,  actually  reside  on  the  premises 
hereinafter  described.  That  the  said  premises  are  bounded  and  de- 
scribed as  follows,  to  wit :  Lying  and  being  in  tlie  county  of  Sacramento, 
state  of  California,  and  bounded  and  described  as  follows,  to  wit: 
[Description.] 

That  I  do  by  these  presents  claim  the  premises  above  described, 
together  with  the  dwelling-house  thereon,  and  the  appurtenances,  as  a 
homestead. 

That  I  make  this  declaration  for  the  joint  benefit  of  myself  and  hus- 
band, and  I  declare  and  show  by  this  instrument  that  my  husband  lias 
not  made  a  declaration  of  homestead. 

That  the  actual  cash  value  of  said  premises  I  estimate  to  be  five 
thousand  dollars. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  third 
day  of  June,  one  thousand  nine  hundi'ed  and  seventeen. 

[Signature.] 


Forms  2073-2075         Cowdery's  Form  Book.  748 

No.  2073.    Declaration  of  Homestead  ty  Wife  on  Her  Separate  Prop- 
erty. 

Know  all  Men  by  These  Presents:  That  I  do  hereby  declare  that  I 

am  married  and  the  head  of  a  family;  that  my  husband's  name  is y  and 

that  I  do  now,  at  the  time  of  making  this  declaration,  actually  reside 
on  tlie  premises  hereinafter  described.  That  my  family  consists  of  a 
husband  and  three  children.  That  the  premises  on  which  I  reside  are 
bounded  and  described  as  follows,  to  wit :  Lying  and  being  in  the  county 

of  ,  state  of  ,  and  bounded  and. described  as  follows,  to  wit: 

[Description.] 

That  I  do  by  these  presents  claim  the  premises  above  described,  to- 
gether with  the  dwelling-house  thereon,  and  the  appurtenances,  as  a 
homestead.  That  the  actual  cash  value  of  said  premises  I  estimate  to 
be  five  thousand  dollars. 

I  declare  that  the  land  and  premises  above  described  are  my  separate 
property,  and  I  consent  to  its  becoming  a  homestead  for  myself  and 
husband. 

[Signature.] 

No.  2074.    Declaration  of  Homestead  by  Husband  on  Wife's  Separate 
Property. 

Know  All  Men  by  These  Presents:  That  I  do  hereby  declare  that  I, 
J.  C.  F.,  am  married  and  the  head  of  a  family;  that  my  wife's  name  is 

,  and  that  I  do  now,  at  the  time  of  making  this  declaration,  actually 

reside  on  the  premises  hereinafter  described.  That  my  familj'  consists 
of  a  wife  and  three  children.  That  the  premises  on  which  I  reside  are 
bounded  and  described  as  follows,  to  wit :  Lying  and  being  in  the  county 

of  ,  state  of  ,  and  bounded  and  described  as  follows,  to  wit: 

[Description.] 

That  I  do  by  these  presents  claim  the  premises  above  described,  to- 
gether with  the  dwelling-house  thereon,  and  the  appurtenances,  as  a 
homestead.  That  the  actual  cash  value  of  said  premises  I  estimate  to 
be  five  thousand  dollars ; 

And  I,  M.  J.  F.,  declare  that  the  premises  are  my  separate  property 
and  I  consent  to  the  foregoing  declaration  of  homestead  by  my  husband, 
J.  C.  F. 

[Signature.] 

No.  2075.    Declaration  of  Homestead  by  Unmarried  Head  of  Family. 

Be  it  known  that  I,  ,  do  hereby  declare  that  I  am  the  head  of  a 

family,  but  that  I  am  not  married,  and  that  my  family  consists  of . 

That  I  am,  at  the  time  of  making  this  declaration,  actually  residing, 
with  my  said  family,  on  the  premises  hereinafter  described,  and  that  I 
claim  said  premises  as  a  homestead. 

The  premises  so  claimed  by  me  are  the  real  property  situate  in  the 
county  of ,  state  of ,  and  described  as  follows:  . 

Together  with  the  dwelling-house  thereon  and  appurtenances. 


749  Homestead.  Forms  2076, 2077 

That  I  estimate  the  actual  cash  value  of  said  premises  to  be dol- 
lars ($ ). 

In  witness  whereof  I  hereunto  set  my  hand  this day  of ,  19 — . 

[Signature.] 

[To  be  acknowledged.] 

•N-QTE'.— See  Cal.  Civ.  Code,  sees.  12G1,  1263. 

Ilio  family  may  consist  of  any  of  the  following  persons,  residing  on  tho 
premises  with,  and  under  the  care  and  maintenance  of,  the  claimant,  viz.: 
a  minor  child,  or  minor  grandchild  of  the  claimant,  or  minor  child  of  a 
deceased  wife  or  husband;  a  minor  brother  or  sister,  or  a  minor  child  of  a 
deceased  brother  or  sister;  a  father,  mother,  grandfather,  or  grandmother; 
or  such  parent  or  grandparent  of  a  deceased  husband  or  wife;  an  unmarried 
sister,  or  any  other  of  the  above-named  relatives  who  have  attained  the  ago 
of  majority  and  are  unable  to  support  or  take  care  of  themselves:  See  Cal. 
Civ.  Code,  sec.  1261,  subds.  2-5. 

A  person  other  than  the  head  of  a  family  must  execute  and  acknowledge 
a  declaration  of  homestead  in  the  same  manner  as  a  grant  of  real  property 
is  acknowledged.  It  must  contain  everything  required  in  the  second,  third 
and  fourth  subdivisions  of  section  1263,  Civil  Code.  Acknowledgment  must 
be  made  in  the  same  manner  and  form  necessary  to  the  conveyance  of  land: 
Civ.  Code,  sees.  1266-1269;  Clements  v.  Stanton,  47  Cal.  60;  Bock  v.  Soward, 
76  Cal.  527,  18  Pac.  650;  Kennedy  v.  Gloster,  98  Cal.  143,  32  Pac.  941. 

No.  2076.    Declaration  of  Homestead  by  Person  not  Head  of  Family. 

Be  it  known  that  I,  ,  hereby  declare  that  I  am,  at  the  time  of 

making  this  declaration,  actually  residing  on  the  premises  hereinafter 
described,  and  claim  them  as  a  homestead. 

The  premises  so  claimed  by  me  are  the  real  property  situate  in  the 
county  of ,  state  of ,  and  described  as  follows:  . 

Together  with  the  dwelling-house  thereon  and  appurtenances. 

That  I  estimate  the  actual  cash  value  of  said  premises  to  be dol- 
lars ($ ). 

In  witness  whereof  I  hereunto  set  my  hand  this day  of ,  19—. 

[Signature.] 

[To  be  acknowledged.] 

NOTE.— See  Cal.  Civ.  Code,  sec.  1267. 

This  declaration  requires  no  statement  as  to  the  domestic  status  of  the 
claimant,  but  need  only  contain  a  statement  that  the  person  making  it  is 
residing  on  the  premises,  and  claims  them  as  a  homestead;  a  description 
of  the  premises;  and  an  estimate  of  their  actual  cash  value:  See  Cal.  Civ. 
Code,  sees.  1260,  1263,  1267. 

No.  2077.    Abandonment  of  Homestead. 

Be  it  known  that  we, and ,  his  wife,  do  hereby  abandon  all 

claim  by  us  as  a  homestead  to  the  premises  hereinafter  described,  and 
we  do  hereby  forever  release  and  discharge  said  premises  from  any  and 
all  claim  of  homestead  by  us,  and  particularly  from  any  claim  under  tlie 
declaration  of  homestead  recorded  in  the  office  of  the  county  recorder 


Forms  2078-2080         Cowdery's  Form  Book.  750 

of  the  county  of ,  state  of ,  in  volume of  declarations  of 

homestead,  at  page  . 

Said  premises  are  situate  in  the  county  of ,  state  of ,  and  are 

described  as  follows:  . 

Together  with  all  tenements  and  appurtenances  thereto. 

In  witness  whereof  we  hereunto  set  our  hands  this  day  of , 

19—. 

[To  be  acknowledged.] 

NOTE. — If  the  claimant  is  married,  the  abandonment  must  be  executed 
by  the  husband  and  wife;  if  unmarried,  by  the  claimant:  See  Cal.  Civ.  Code, 
sees.  1243,  1262. 

No.  2078.     Order   Assigning    Homestead   to   the   Innocent   Party   on 
Divorce. 

[Title  of  Court  and  Cause.] 
It  appearing  to  the  court  that  the  said  homestead  was  selected  from 

the  community  property,  and  it  also  appearing  that  ,  plaintiff,  is 

the  innocent  party  to  this  action,  it  is  decreed  that  said  homestead  be, 

and  the  same  is,  hereby  assigned  to  during  the  remainder  of  her 

life,  and  upon  her  death  to  be  subject  to  the  future  disposition  of  this 
court. 

NOTE. — This  order,  and  the  one  in  each  of  the  three  following  forms, 
may  be  made  in  divorce  decrees,  according  to  the  facts:  Cal.  Civ.  Code, 
sec.  146. 

No.  2079.    Order    Assigning    Homestead    to   the    Innocent    Party    on 
Divorce. 

[Title  of  Court  and  Cause.] 

It  appearing  to  the  court  that  the  said  homestead  was  selected  from 
the  separate  property  of ,  defendant  herein,  it  is  decreed  said  home- 
stead be,  and  the  same  is,  hereby  assigned  to  said  ,  the  former 

owner;  but  it  is  hereby  by  this  decree  assigned  to  ,  plaintiff  herein, 

for  her  own  use  and  benefit  for  a  limited  period,  to  wit,  during  the 
remainder  of  her  life. 

NOTE.— See  Cal.  Civ.  Code,  sec.  146. 

No.  2080.     Order  for  Equal  Division  of  Homestead  on  Divorce. 
[Title  of  Court  and  Cause.] 

It  is  hereby  ordered  that  the  homestead  be  assigned  to ,  the  plain- 
tiff, and ,  the  defendant,  in  equal  proportions,  they  to  hold  the  same 

from  and  after  the  day  upon  which  this  decree  becomes  final,  as  tenants 
in  common,  the  same  as  if  they  had  never  been  husband  and  wife,  but 
had  acquired  said  homestead  by  purchase  as  tenants  in  common. 

NOTE. — See  Cal.  Civ.  Code.  sec.  147. 


751  Homestead.  Forms  2081-2083 

No.  2081.    Order  for  Sale  of  Homestead  aiid  Division  of  Proceeds  on 

Divorce. 
[Title  of  Court  and  Cause.] 

It  is  further  ordered  that  the  homestead  be  sold,  and  the  proceeds, 
after  deducting  the  costs  and  expenses  of  tlie  sale,  to  be  divided  equally 
between  the  parties  to  this  action,  and  that  said  sale  be  made  in  the 
manner  as  may  be  hereinafter  stipulated;  but  in  case  such  agreement 
cannot  be  had,  such  further  order  will  be  made  respecting  said  sale  as 
may  seem  necessary  when  the  fact  of  disagreement  is  reported  to  the 
court. 

NOTE.— See  Cal.  Civ.  Code,  sec.  147. 

No.  2082.    Application  for  Appraisers  on  Execution  Against  Homestead. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  the Court  of  the  County  of ,  State  of : 

The  petition  of ,  the  plaintiff  in  the  above-entitled  action,  states 

that  the  facts  upon  which  this  petition  is  founded  are  as  follows: 

That  in  said  action,  on  the day  of ,  19 — ,  plaintiff  recovered 

judgment  against  this  defendant,  ,  and  ,  his  wnfe,  for  the  sum 

of dollars  ($ ),  upon  an  unsecured  promissory  note  executed  by 

said  defendants  to  petitioners;  that  execution  under  said  judgment  has 
been  levied  by  the  sheriff  of  said  county  upon  the  premises  and  dwell- 
ing-house thereon,  described  as  follows,  to  wit:  . 

That  prior  to  said  entry  of  said  judgment  defendants,  in  form  as  is 
by  law  required,  declared  and  caused  to  be  recorded  in  the  office  of  the 
recorder  of  said  county  a  homestead  upon  said  premises,  and  estimated 
the  value  thereof  not  to  exceed  doHars  ($ ). 

That  immediately  after  the  levy  of  said  execution  said  defendants 
notified  said  sheriff  that  said  premises  were  their,  defendants',  home- 
stead, and  said  sheriff  refused  to  proceed  further  with  said  execution. 

Petitioner  states,  upon  information  and  belief,  that  said  premises  are 

of  the  value  of dollars  ($ — — -),  and  he  prays  the  court  to  appoint 

three  disinterested  persons,  residents  of  said  county,  to  appraise  the 
value  of  said  homestead ;  and  for  such  other  relief  as  petitioner  may  be 
entitled  to  when  said  appraisement  is  made  and  reported  to  the  court. 

[Signature.] 

NOTE.— See  Cal.  Civ.  Code,  sec.  1245. 

No.  2083.    Notice  of  Time  and  Place  of  Hearing  on  Application  for 
Appraisers  of  Homestead. 

[Title  of  Court  and  Cause.] 

To  ,  and  ,  His  Wife. 

Please  take  notice  that  the  petition  of  for  an  order  to  appoint 

appraisers  to  appraise  the  value  of  the  premises  described  in  the  peti- 
tion served  on  you  at  the  time  this  notice  is  served  has  been  set  for  hear- 


Forms  2084r-2086         Cowdery's  Form  Book.  752 

ing  before  said  court,  at  the  courtroom  thereof,  in  the  said  county,  at 

o'clock  A.  M.,  on f ,  19 — . 

Dated ,  19—. 

,  Clerk. 

By  ,  Deputy  Clerk. 

NOTE.— See  Cal.  Civ.  Code,  sec.  1248. 

No.  2084.    Order  Appointing  Appraisers  on  Execution  Against  Home- 
stead. 
[Title  of  Court  and  Cause.] 

At  the  hearing  of  the  above-entitled  matter,  and  upon  proof  of  the 
service  of  a  copy  of  the  petition  filed  herein  praying  for  the  appoint- 
ment of  appraisers  to  appraise  the  property  described  in  said  petition, 
and  also  proof  of  the  service  of  notice  of  the  time  and  place  of  hearing 
said  petition  upon  the  claimants  of  the  homestead  described  in  it,  in  the 

manner  prescribed  by  law,  it  is  ordered  that , ,  and ,  three 

disinterested  residents  of  the  county  of  ,  be,  and  they  are,  hereby 

appointed  to  appraise  the  value  of  said  property,  and  report  in  writing 
to  this  court  their  appraisement. 

NOTE'.— See  Cal.  Civ.  Code,  sec.  1249. 

No.  2085.    Oath  of  Appraisers  on  Execution  Against  Homestead. 
[Title  of  Court  and  Cause.] 

You  and  each  of  you  do  solemnly  swear  that  you  will  faithfully  per- 
form your  duties  as  appraisers  in  appraising  the  value  of  the  property 

described  in  the  petition  of in  the  above-entitled  matter.     So  help 

you  God. 

NOTE.— See  Cal.  Civ.  Code,  sec.  1250. 

No.  2086.    Report  of  Appraisers  Opposing  Division  of  Land. 

[Title  of  Court  and  Cause.] 

To  the  Honorable,  F.  H.  K.,  Judge  of  Said  Superior  Court: 

The  undersigned,  appraisers  appointed  by  you  in  the  above-entitled 
proceedings,  to  appraise  the  value  of  that  land  and  improvements  sit- 
uated in  said  city  and  county,  bounded  and  described  as  follows,  to  wit 
[description],  beg  leave  to  report  that  immediately  after  our  appoint- 
ment we  each  were  sworn  in  manner  and  form  as  by  law  required,  to 
faithfully  perform  their  duties  as  said  appraisers.  That  we  viewed  said 
premises  immediately  after  being  SAvorn  and  have  appraised  the  value 
thereof.  That  we  appraised  the  value  of  the  land  and  the  improve- 
ments thereon  at  $12,000  in  gold  coin  of  the  United  States.  Y^e  value 
the  land  without  the  improvements  at  $10,000,  and  the  improvements 
while  remaining  on  the  land  at  $2,000,  and  report  that  the  improvements 
are  not  sufficiently  strong  to  be  removed  from  the  land,  and  their  only 


753  Homestead.  Forms  2087, 2088 

value  to  the  land  is  for  residence  purposes,  a  Chinese  washhouse,  at  a 

rental  of  about  $25  a  month.     The  lot  above  described,  having  only  30 

feet  frontage  on  a  street  by  125  feet  in  depth,  cannot  be  divided  without 

material  injury  to  the  value  of  the  premises. 

Dated . 

[Signature.] 

NOTE.— See  Cal.  Civ.  Code,  sec.  1253. 

No.  2087.    Report  of  Appraisers  ravoring  Division  of  Land. 

[Title  of  Court  and  Cause.] 

To  the  Honorable,  ,  Judge  of  said  Superior  Court : 

The  undersigned,  appraisers  appointed  by  you  in  the  above-entitled 
proceedings,  to  appraise  the  value  of  that  land  and  improvements  situ- 
ated in  said  city  and  county,  bounded  and  described  as  follows,  to  wit 
[description],  beg  leave  to  report  that  immediately  after  their  appoint- 
ment they  each  were  sworn  in  manner  and  form  as  by  law  required  to 
faithfully  perform  their  duties  as  said  appraisers.  That  they  viewed 
said  premises  immediately  after  being  sworn  and  have  appraised  the 
value  thereof.  That  we  appraised  the  value  of  the  land  and  the  improve- 
ments thereon  at  $12,000  in  gold  coin  of  the  United  States.  We  value 
the  land  without  the  improvements  at  $10,000,  and  the  improvements 
while  remaining  on  the  land  at  $2,000,  and  report  that  the  improve- 
ments are  not  sufficiently  strong  to  be  removed  from  the  land,  and  then- 
only  value  to  the  land  is  for  residence  purposes,  a  Chinese  washhouse, 
at  a  rental  of  about  $25  a  month. 

That  the  lot  above  described  has  a  frontage  of  160  feet  on  the  west 

side  of  Maple  street  in  said  city  and  county  by  a  depth  of  100  feet 

on  the  north  side  of  Jackson.     The  house  above  described  fronts  on 

Maple  street  80  feet  northerly  of  the  northwest  corner  of  Jackson  and 

Maple  street,  with  an  unobstructed  view  of  a  large  part  of  the  San 

Francisco  bay,  Alcatraz,  Belvedere  and  the  camp,  woods  and  buildings 

on  the  Presidio.     We  appraise  the  value  of  the  land  and  improyements 

last  above  described  at  $5,000.     We  appraise  the  value  of  the  land  on 

the  northeast  corner  of  Maple  and  Jackson  street,  80  feet  on  Maple 

by  100  feet  on  Jackson,  at  $7,000,  all  said  values  in  gold  coin  of  the 

United  States;  and  we  report  that  the  said  land  can  be  divided  as  above 

described  v/ithout  material,  or  any,  injury. 

Dated . 

[Signatures.] 

NOTE.— See  Cal.  Civ.  Code,  sec.  1253. 

No.  2088.    Order  Directing  Homestead  be  Sold,  and  Surplus  Above  Five 

Thousand  Dollars  Applied  on  Execution. 
[Title  of  Court  and  Cause.] 

It  appearing  from  the  report  of  the  appraisers  herein  that  the  land 
claimed  as  a  homestead  exceeds  in  value  the  sum  of  $5,000  homestead 

Form  Book — 48 


Forms  2089, 2090         Covvdery's  Form  Book.  754 

exemption,  and  tliat  it  cannot  be  divided,  it  is  hereby  ordered  that  the 
sheriff  of  the  said  city  and  county  sell,  under  execution,  in  the  manner 
directed  by  law  the  premises  described  in  said  report;  that  is  to  say: 
No  bid  must  be  received  unless  it  exceeds  $5,000.  If  the  sale  is  made, 
$5,000  must  be  paid  to  J.  C.  F.  and  M.  J.  F.,  his  wife,  the  homestead 
claimants,  and  the  balance  applied  to  the  satisfaction  of  the  execution. 
Dated . 

,  Judge. 

NOTE.— See  Cal.  Civ.  Code,  sec.  1254. 

No.  2089.    Order  Directing  Division  of  Homestead  Land. 

[Title  of  Court  and  Cause.] 

On  reading  and  filing  the  report  and  appraisement  of  J.  S.,  R.  D., 
and  F.  B.,  the  appraisers  appointed  to  appraise  the  value  of  that  land 
situated  in  the  city  and  county  of  San  Francisco,  state  of  California, 
and  bounded  and  described  as  follows,  to  wit:  [Description.] 

It  is  ordered  that  said  appraisers  set  off  to  J.  C.  F.  and  M.  J.  F.,  as 
a  homestead  a  tract  of  land  with  the  improvements  thereon,  with  the 
boundaries  of  the  land  above  described  commencing  on  the  west  line 
of  Maple  street,  80  feet  from  the  nortlicast  corner  of  Maple  and  Jack- 
son ;  running  nortlierly  80  feet,  with  a  uniform  depth  of  100  feet,  includ- 
ing the  residence ;  and  that  they  make  a  map  of  the  whole  tract  showing 
the  part  set  off  as  a  homestead  as  aforesaid  and  the  part  separated 
from  the  homestead,  and  report  the  same  to  this  court. 

Dated . 

,  Judge. 

NOTE.— See  Cal.  Civ.  Code,  sec.  1253. 

No.  2090.    Order  Setting  Apart  Homestead  and  Permitting  Execution 

Against  Surplus. 
[Title  of  Court  and  Cause.] 

,  ,  and  — — -,  appraisers  in  the  above-entitled  matter,  having, 

under  the  order  of  this  court,  set  apart  to  and  ,  his  wife    all 

that  land  described  as  follows,  to  wit: ,  as  a  homestead,  it  is  ordered 

that   the   said   premises,   including  the  residence  thereon,   are   hereby 

set  apart  to  said  and  ,  his  wife,  as  a  homestead,  and  it  is 

further  ordered  that  the  remainder  of  said  land  described  in  the  petition 

of  filed  in  this  matter  is  subject  to  execution,  and  the  said  • 

may  enforce  its  execution  against  said  remainder  described  as  follows, 
to  wit: . 

NOTE.— See  Cal.  Civ.  Code,  sec.  1253. 


755  Homestead.  Forms  2091-2096 

No.  2091.     Order    Fixing    Compensation  of    Appraisers    on    Execution 

Against  Homestead. 
[Title  of  Court  and  Cause.] 

It  appearing  to  the  court  that , ,  and ,  appraisers  in  the 

above-entitled  matter,  have  each  been  actually  engaged  dajs  in 

performing  their  duties  as  appraisers,  it  is  ordered  that  their  compen- 
sation is  fixed  at  dollars   ($ )   each,  making  a  total  of  

dollars  ($ ). 

NOTE.— See  Cal.  Civ,  Code,  sec.  1258. 

No.  2092.    Application  of  Husband  of  Insane  Wife  to  Sell  Homestead. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  the  Superior  Court  of  the  City  and  County  of  San 
Francisco,  State  of  California: 

Your  petitioner  respectfully  states:  That  his  name  is  A.  B.,  and  his 
age  sixty  years.  That  he  is  married  and  his  wife  is  fifty  years  of  age, 
and  her  name  is  M.  A.  B.  That  since  his  marriage  to  her  she  became 
hopelessly  insane  and  was,  on  the  third  day  of  June,  1917,  in  manner 
and  form  as  is  by  law  provided,  declared  to  be  an  insane  person,  and 
was  in  manner  and  form  as  is  by  law  required  committed  to  the  said 
state  asylum  for  the  insane  situated  at  Napa,  in  said  state,  and  she  is 
now  insane  and  is  confined  in  said  asylum  in  a  ward  set  aside  for 
incurable  insane  persons.  That  since  said  marriage  one  child,  and  no 
more,  has  been  born  to  petitioner  and  his  said  wife,  and  it  is  six  years 
and  three  months  old.  That  his  said  wife  has  no  male  or  other  relative 
in  said  state. 

That  since  said  marriage  and  prior  to  his  wife's  insanity,  petitioner 
and  his  wife  declared  upon  their  common  property  a  homestead  upon 
all  that  land  and  their  residence  thereon  situated,  in  the  city  and  county 
of  San  Francisco,  state  of  California,  and  bounded  and  described  as 
follows,  to  wit:  [Description.] 

The  value  of  said  homestead  was  stated  in  said  petition  to  be  and 
the  same  is  of  the  value  of  $1,000.  That  petitioner  has  no  money  or 
otlier  resources  and  it  is  necessary  for  him  to  sell  said  homestead  in 
order  to  educate  and  support  his  said  child. 

Wherefore,  petitioner  prays  for  an  order  empowering  him  to  sell  said 
homestead. 

Dated -. 

[Signature.] 

NOTE.— See  Cal.  Stats.  1874,  p.  582. 

No.  2096.    Petition  for  Decree  Vesting  Homestead  in  Surviving  Wife. 
[Title  of  Court  and  Estate.] 

The  petition  of states  that and  petitioner  were,  on  the 

day  of ,  19 — ,  husband  and  wife. 


Form  2106  Cowdery's  Form  Book.  756 

That  on  the  said  day  of ,  they  owned,  as  community  prop- 
erty, all  that  land  described  as  follows,  to  wit:  [Description.] 

That  on  said  day  of  ,  petitioner  and  her  said  husband  de- 
clared, executed  and  acknowledged,  and  recorded  in  the  recorder's  office 

of  the  said  county  of  ,  in  manner  and  form  as  is  by  law  required, 

a  declaration  of  homestead  upon  said  property  hereinabove  described, 
and  the  said  homestead  has  never  been  conveyed,  waived  or  abandoned 
by  either  your  petitioner  or  her  said  husband. 

Tliat  on  the  day  of  ,  19 — ,  while  said  homestead  was  in 

existence,  the  said  husband  of  petitioner  died  in  said  county  of . 

That  at  the  time  of  his  death  the  said  property  stood  of  record,  and 
now  stands  of  record,  in  the  name  of  the  said  . 

Wherefore  petitioner  prays  for  a  decree  establishing  the  fact  that 

said  premises  were,  on ,  19—,  the  community  property  of  petitioner 

and  her  said  husband;  that  said  homestead  was  selected  and  recorded 

as  by  law  required,  prior  to  the  death  of  the  said  ,  on  the  

(lay  of  ,  19 — ,  and  that  the  title  to  said  premises  vested  in  peti- 
tioner on  the  day  of  ,  19 — ,  by  reason  of  the  death  of  her 

husband,  the  said ,  as  aforesaid. 

[Signature.] 

INDICTMENT  AND  INFORMATION. 

2106.  Indictment. 

2107.  Information. 

2108.  Information  for  bribery 

2109.  Indictment  for  robbery. 

2110.  Information  for  murder  and  shooting. 

2112.  Indictment  for  murder  with  instrument  unknown. 

2113.  Indictment  for  forgery  of  bill  of  sale. 

2114.  Indictment  for  forgery  of  instrument  in  foreign  language. 

2115.  Indictment  for  conducting  tan  game. 

2116.  Indictment  for  removing  body. 

2117.  Information  for  compounding  felony. 

2118.  Information  for  conspiracy. 

2119.  Indictment  for  assault  with  intent  to  kill — Oregon. 

2120.  Information  for  assault  with  a  deadly  weapon. 

2121.  Indictment  for  carrying  a  concealed  weapon. 

2122.  Indictment  for  burglary. 

CROSS-REFERENCES. 

Information  for  Threatened  Offense,  No.  2350. 

No.  2106.    Indictment. 
[Title  of  Court  and  Cause.] 

is  accused  by  the  grand  jury  of  the  county  of ,  state  of j 

by  this  indictment,  of  the  crime  of  ,  committed  as  follows:  The 

said  ,  on  the  day  of  ,  19 — ,  at  the  county  of  ,  did 

,  contrary  to  the  form,  force  and  effect  of  the  statute  in  such  case 

made  and  provided,  and  against  the  peace  and  dignity  of  the  people 

of  the  state  of . 

,  District  Attorney. 


757  Indictment  and  Information.         .   Form  2107 

Names  of  witnesses  examined  before  the  said  grand  jury  on  finding 

-the  foregoing  indictment:  ,  ,  ,  [etc.]. 

[Indorsement:] 

Indictment  for -. 

The  People  of  the  State  of against . 

A  true  bill.     ,  Foreman  of  the  Grand  Jury. 

Presented  by  the  foreman  of  the  grand  jury,  in  the  presence  of  the 

grand  jury,  in  open court  of  the  county  of ,  state  of ,  and 

filed  as  a  record  of  said  court,  this  day  of 

[Seal] 
,  District  Attorney 

NOTE.— Alaska,  Comp.  Laws  1913,  spc.  2148;  Arizona,  Rev.  Stats.  (Pen. 
Code  1913),  sec.  943;  California,  Pen.  Code,  sec.  951;  Colorado,  Mill's  Ann. 
Stats.  1912,  sec.  2077;  Hawaii,  Rev.  Code  1915,  sec.  3771  et  seq.;  Idaho, 
Rev.  Codes  1907,  sec.  7678;  Kansas,  Gen.  Stats.  1915,  sec.  8017;  Montana, 
Rev.  Codes  1907,  sec.  9148;  Nebraska,  Rev.  Code  1913,  sec.  9050  et  seq.; 
Nevada,  Rev  Laws  1912,  s&c.  7051;  New  Mexico,  Stats.  Ann.  1915,  sec, 
3126-  North  Dakota,  Comp.  Laws  1913,  sec.  10,683-10,707;  Oklahoma, 
Harris  &  Day's  Code  1910,  sec.  5717  et  seq.;  Oregon,  Lord's  Oregon  Laws, 
sec  1435  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  219  et  seq.;  Utah, 
Comp.  Laws  1907,  sec.  4731;  Washington,  Rem.  Code,  sec.  2056;  Wyoming, 
Comp.  Stats.  1910,  sec.  6164  et  seq. 

No.  2107.    Information. 

[Title  of  Court  and  Cause.] 

is  accused  by  the  district  attorney  of  the  county  of  ,  state 

of  ,  by  this  information,  of  the  crime  of  ,  committed  as  fol- 
lows: The  said  ,  on  the  day  of  ,  19—,  at  the  county  of 

,  and  prior  to  the  filing  of  this  information,  did  ,  contrary  to 

the  form,  force,  and  effect  of  the  statute  in  such  case  made  and  pro- 
vided, and  against  the  peace  and  dignity  of  the  people  of  tlie  state 

of . 

,  District  Attorney. 

Names  of  witnesses  examined  before  filing  the  foregoing  information : 
, , ,  [etc.]. 

Presented  by  the  district  attorney  in  the  court  of  the  county 

of ,  state  of ,  and  filed  as  a  record  of  said  court  this day 

of ,  19—. 

[Seal] 

,  Clerk. 

NOTE.— Alaska,  Comp.  Laws  1913,  sees.  2379,  2443;  Arizona,  Rev.  Stats. 
(Pen  Code  1913),  sec.  943;  California,  Pen.  Code,  sees.  809,  950,  951; 
Colorado  Mill's  Ann.  Stats.  1912.  sec.  2086;  Hawaii,  Rev.  Code  1915,  see. 
3771  et  soq.;  Idaho,  Rev.  Codes  1907,  sec.  8341;  Kansas,  Gen.  Stats.  1915, 
sec  8017;  Montana,  Rev.  Codes  1907,  sec.  9148;  Nebraska,  Rev.  Code  1913, 
sec  9062  et  seq.;  North  Dakota,  Comp.  Laws  1913,  sees.  10,683-10,707; 
Oklahoma,   Harris   &   Day's   Code   1910,  se«.   5738  et  seq.;    Oregon,   Lord's 


Forms  2108, 2109         Cowdery's  Form  Book.  758 

Oregon  Laws,  sec.  1733  ct  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  219 
et  seq.;  Utah,  Comp.  Laws  1907,  sec.  4731;  Washington,  Eem.  Code,  see. 
2054  et  seq.;   Wyoming,  Comp.  Stats.  1910,  sec.  6164  et  seq. 

No.  2108.    Information  for  Bribery. 
[Caption  and  Commoneement.] 

The  said  W.  W.  Markham,  on  the  thirtieth  day  of  September,  A.  D. 
1882,  at  the  county  and  state  aforesaid,  then  and  there  being  an  execu- 
tive officer,  namely,  a  police  officer  of  the  city  of  San  Jose,  county  of 
Santa  Clara,  aforesaid,  did  ask,  receive  and  agree  to  receive  a  bribe, 
to  wit,  fifteen  standard  dollars,  lawful  coin  of  the  United  States  of 
America,  upon  an  understanding  and  agreement  that  he  would  not 
arrest  persons  engaged  in  violating  section  330  of  the  Penal  Code  of  the 
state  of  California,  nor  would  he  arrest  persons  engaged  in  violating 
the  gambling  ordinance  of  the  said  city  of  San  Jose,  contrary  to  the 
form  of  the  statute.     [Conclusion  and  signature  of  district  attorney.] 

NOTE. — Precedent  in  People  v.  Markham,  64  Cal.  157.  49  Am.  Eep.  700 
30  Pac.  620.  '  *»         » 

No.  2109.    Indictment  for  Robbery. 
[Title  of  Court  and  Cause.] 

That  the  said  John  Nelson  and  John  Sherwood,  on  the  twenty-first 
day  of  March,  1880,  at  and  in  the  county  of  Colusa,  and  state  of  Cali- 
fornia, in  and  upon  one  Ah  Chung  an  assault  did  make,  and  thereby 
did  place  him,  the  said  Ah  Chung,  in  bodily  fear  and  danger  of  his 
life,  and  did  then  and  there  feloniously  and  unlaAvfully  take  from  the 
said  Ah  Chung  seven  dollars  in  gold  and  silver  coin  of  the  United  States 
of  America,  of  the  value  of  seven  dollars  in  United  States  gold  coin 
of  America,  and  more  minutely  and  particularly  described  as  follows: 
One  five  dollar  gold  piece  of  money  of  tlic  value  of  five  dollars  in  United 
States  gold  coin  and  silver  coin,  bearing  the  imprint  upon  one  side 
an  American  eagle,  and  upon  the  otlier  side  of  said  coin  a  head  of 
the  Goddess  of  Liberty;  the  date  of  the  coinage  of  said  gold  piece  is 
unknown  to  your  informer.  Also  four  half  dollar  pieces  in  silver  coin 
of  the  United  States  of  America,  each  of  said  pieces  of  silver  bearing 
the  imprint  upon  one  side  an  American  eagle,  and  upon  the  other  side 
the  Goddess  of  Liberty;  the  date  of  coinage  of  said  pieces  is  unknown 
to  your  informer.  The  said  four  pieces  of  silver  are  of  the  value  of 
two  dollars  in  gold  and  silver  coin  of  the  United  States.  All  of  which 
money  was  then  and  there  in  the  possession  of  said  Ah  Chung,  and  was 
then  and  there  the  property,  goods  and  chattels  of  the  said  Ah  Chung. 
And  the  said  John  Nelson  and  the  said  John  Sherwood  did  then  and 
there  take  from  the  person  and  against  the  will  of  the  said  Ah  Chung, 
the  money  aforesaid,  unlawfully,  willfully,  violently  and  forcibly,  and 
did  then  and  there,  unlawfully,  willfully,  feloniously  and  forcibly, 
steal,  take  and  carry  away,  all  of  said  pieces  of  money,  contrarv  to  the 


759  Indictment  AND  Information.     Forms  2110-2112 

form,  force  and  effect  of  the  statute  in  such  cases  made  and  provided, 
and  against  the  peace  and  dignity  of  the  people  of  the  state  of  Cali- 
fornia. 

,  District  Attorney. 

NOTE. — Precedent  in  People  v.  Nftlson,  56  Cal.  78. 

No.  2110.     Information  for  Murder  and  Shooting. 

In  the  Superior  Court  of  the  State  of  Washington  for  the  County  of 

Skagit. 
The  State  of  Washington  "^ 

against  > 

Edwin  Baldwin,  Ozro  Perkins  and  Ulysses  Loop.  J 

Edwin  Baldv/in,  Ozro  Perkins  and  Ulysses  Loop  are  accused  by  George 
A.  Joiner,  as  prosecuting  attorney  of  Skagit  county,  state  of  Wash- 
ington, by  this  information,  of  the  crime  of  murder  in  the  first  degree, 
committed  as  follows:  the  said  Edwin  Baldwin,  Ozro  Perkins  and 
Ulysses  Loop  in  the  county  of  Skagit,  state  of  Washington,  on  the 
ninth  day  of  August,  A.  D.  1895,  then  and  there  being,  did  purposely 
and  of  their  deliberate  and  premeditated  malice,  kill  one  Alonzo  Wheeler 
by  then  and  there  purposely  and  of  their  deliberate  and  premeditated 
malice  striking  and  beating  him,  the  said  Alonzo  Wheeler  with  a  heavy 
stick,  to  wit,  a  cane,  kicking  and  stamping  him  with  the  heels  of  their 
boots  and  shoes,  and  shooting  him  with  a  certain  gun,  to  wit,  a  revolver, 
loaded  with  powder  and  ball,  thereby  mortally  wounding  the  said  Alonzo 
Wheeler,  of  which  mortal  wounds  he,  the  said  Alonzo  Wheeler,  on  the 
fifteenth  day  of  August,  A.  D.  1895,  died. 

George  A.  Joiner, 

Prosecuting  Attorney. 

[Verification.] 

NOTE.— Precedent  in  State  ▼.  Baldwin,  15  Wash.  16,  45  Pac.  650. 

No.  2112.    Indictment  for  Murder  With  Instrument  Unknown. 
[Title  of  Court  and  Cause.] 

Tlie  said  Timothy  Cronin  is  accused  by  the  grand  jury  of  the  county 
of  Marin,  state  of  California,  by  this  indictment  of  the  crime  of  murder, 
committed  as  follows,  to  wit :  The  said  Timothy  Cronin,  on  the  eighteenth 
day  of  July,  A.  D.,  eighteen  hundred  and  sixty-six,  and  prior  to  the 
finding  of  this  indictment,  at  the  county  of  Marin,  state  of  California, 
in  and  upon  Julia  Cronin,  unlawfully,  feloniously  and  of  his  malice 
aforethought  did  make  an  assault;  and  the  said  Timothy  Cronin,  with 
some  means,  instruments  and  weapons  to  the  jurors  unknown,  the  said 
Julia  Cronin  in  and  upon  the  body  and  the  left  side  of  the  head  of 
the  said  Julia  Cronin,  then  and  there  feloniously,  willfully  and  of  his 
malice    aforethought   did    strike    and    beat;    the    said    Timothy    Cronin 


Forms  2113, 2114         Cowdery's  Form  Book.  760 

giving  to  said  Julia  Cionin  then  and  there,  and  thereby,  to  wit,  with 
the  means,  instruments  and  weapons  aforesaid,  in  and  upon  the  body 
and  left  side  of  the  head  of  the  said  Julia  Cronin,  divers  mortal  bruises, 
of  which  said  mortal  bruises  the  said  Julia  Cronin  then  and  there 
died,  contrary  to  the  form  of  the  statute  in  such  case  made  and  pro- 
vided, and  against  the  peace  and  dignity  of  the  people  of  the  state  of 
California. 

,  District  Attorney. 

NOTE.— Precedent  in  People  v.  Cronin,  34  Cal.  191. 

No.  2113.    Indictment  for  Forgery  of  Bill  of  Sale. 

[Title  of  Court  and  Cause.] 

M.  Carey  Harrold  is  accused  by  the  grand  jury  of  the  county  of  San 
Diego,  by  this  indictment,  of  the  crime  of  forgery,  committed  as  follows : 
Tlie  said  M.  Carey  Harrold,  on  the  first  day  of  May,  A.  D.  3888,  at  the 
said  county  of  San  Diego,  did,  with  intent  to  defraud  one  W.  T.  Cottier, 
falsely  make,  niter,  forge  and  counterfeit  a  certain  bill  of  sale  and 
writing  obligatory,  said  instrument  being  in  the  following  words  and 
figures,  to  wit:  [Here  was  set  out  a  copy  of  the  bill  of  sale.] 

That  thereafter,  to  wit,  on  the  second  day  of  August,  1888,  said 
M.  Carey  Harrold,  well  knowing  that  the  said  instrument  was  false, 
altered,  forged  and  counterfeited,  and  with  the  intent  to  defraud  some 
person  unknown  to  this  grand  jury,  did,  at  the  county  and  state  afore- 
said, utter,  pi;blish  and  pass  as  true  and  genuine  the  instrument  afore- 
said, by  offering  the  said  instrument  for  record,  at  the  office  of  the 
county  recorder  of  the  county  and  state  aforesaid,  and  then  and  there 
causing  the  same  to  be  recorded  as  a  record  in  said  office,  contrary 
to  the  form,  force  and  effect  of  the  statute  in  such  case  made  and  pro- 
vided, and  against  the  peace  and  dignity  of  the  people  of  the  state  of 
California. 

,  District  Attorney. 

NOTE.— Precedent  in  People  ▼.  Harrold,  84  Cal.  567,  24  Pac.  106. 

No.  2114.  Indictment  for  Forgery  of  Instrument  in  Foreign  Language. 
[Title  of  Court  and  Cause.] 

The  above-named  defendant.  Ah  Woo,  alias  Ma  Yien  Fang,  is  accused 
by  the  grand  jury  of  said  county  of  El  Dorado  by  this  indictment  of 
the  crime  of  forgery  committed  as  follows :   The  said  defendant,  Ah 

Woo,  alias  Ma  Yien  Fang,  on  the  day  of  February,  A.  D.  1864, 

pnd  before  the  finding  of  this  indictment,  at  the  county  of  El  Dorado 
and  state  of  California,  did  feloniously,  willfully  and  unlawfully,  falsely 
utter  and  pass  to  one  Ah  You  a  certain  false,  forged  and  counterfeit 
order,  as  a  true  and  genuine  order  of  one  Wang  Ah  Chung,  for  the 
payment  of  one  hundred  dollars,  which  aforesaid  order  then  and  there 


761  Indictment  AND  Information.     Forms  2115,  2116 

was  written  in  tlie  Chinese  language,  and  of  tenor  and  effect  follow- 
ing, when  translated  into  the  English  language,  to  wit: 

"To  Yet  Wha's  Store. 

"Sirs:  Please  pay  to  Ma  Yien  Fang  the  one  hundred  dollars  which 
I  deposited  at  yours  sometime  ago,  because  I  am  sick  now  and  need 
money  to  employ  a  doctor  to  attend  me.     Be  sure  to  pay  it  to  him, 

"Wang  Ah  Chung." 
"February  28th,  1864." 

With  the  intent  then  and  there  to  prejudice,  damage  and  defraud  the 
said  Ah  You,  he,  the  said  Ah  Woo,  alias  Ma  Yien  Fang,  then  and  there 
well  knowing  the  said  false,  forged  and  counterfeit  order  to  be  false, 
forged  and  counterfeit,  contrary  to  the  form  of  the  statute  in  such 
cases  made  and  provided,  and  against  the  peace  and  dignity  of  the 
people  of  the  state  of  California. 

,  District  Attorney. 

3.  This  indictment  was  held  sufficient  over  the  objection  that  it  did 
not  contain  a  copy  in  the  Chinese  language  of  the  forged  and  counter- 
feit order;  that  the  forged  instrument  was  misnamed  an  "order,"  and 
that  the  intent  was  improperly  charged. 

NOTE.— Precedent  in  People  v.  Ah  Woo,  28  Cal.  205. 

No.  2115.    Indictment  for  Conducting  Tan  Game. 
[Title  of  Court  and  Cause.] 

Ah  Own  is  accused  by  the  district  attorney  of  the  said  city  and  county 
by  this  information  of  the  crime  of  playing  and  conducting  the  game 

of  tan  as  owner,  committed  as  follows:  The  said  Ah  Own,  on  the  

day  of  February,  A.  D.  1888,  at  the  city  of  Sacramento,  in  the  said 
state  of  California,  and  before  the  filing  of  this  information,  did  then 
and  there  willfully,  unlawfully  and  feloniously  play,  carry  on,  open, 
cause  to  be  opened  and  conduct  as  owner,  for  gain,  a  certain  banking 
game  known  as  and  by  the  name  of  "tan,"  said  game  being  then  and 
there  played  with  certain  devices,  to  wit,  buttons,  checks  and  Chinese 
coin,  and  other  money,  and  other  representatives  of  value,  contrary  to 
the  form,  force  and  effect  of  the  statute  in  such  case  made  and  provided, 
and  against  the  peace  and  dignity  of  the  people  of  the  state  of  California. 

Dated . 

Daniel  Webster, 

District  Attorney  of  the  City  and  County  of  San  Francisco. 
NOTE.— Precedent  in  People  v.  Ah  Own,  85  Cal.  581,  24  Pac.  780. 

No.  2116.    Indictment  for  Removing  Body. 
[Title  of  Court  and  Cause.] 

Eugene  Dalton  is  accused  by  the  grand  jury  of  the  city  and  county 
of  San  Francisco,  state  of  California,  by  this  indictment  of  the  crime 


Forms  2117, 2118         Cowdery's  Form  Book.  762 

of  violating  sepulture,  committed  as  follows :  The  said  Eugene  Dalton, 
on  the  eighth  day  of  July,  A.  D.  1879,  at  the  city  and  county  of  San 
Francisco,  without  authority  of  law,  disinterred  and  removed  from  his 
place  of  sepulture,  at  Laurel  Hill  Cemetery,  in  said  city  and  county  of 
San  Francisco,  the  dead  body  of  the  late  Elias  Lij^sis,  a  human  being, 
the  said  dead  body  not  being  the  dead  body  of  a  relative  or  friend  of 
the  said  Eugene  Dalton  removed  for  reinterment,  contrary  to  the  form, 
force  and  effect  of  the  statute  in  such  case  made  and  provided  and 
against  the  peace  and  dignity  of  the  people  of  the  state  of  California. 

,  District  Attorney. 

NOTE.— Precedent  in  People  v.  Dalton,  58  Cal.  226. 

No.  2117.    Information  for  Compounding  a  Felony. 
[Title  of  Court  and  Cause.] 

William  Bryon  is  accused  by  the  district  attorney  of  the  said  county 
of  Merced,  by  this  information,  of  the  crime  of  compounding  a  felony, 
committed  as  follows:  On  or  about  the  eleventh  day  of  December,  1893, 
in  the  county  of  Merced  aforesaid,  one  Maurice  Hardy  did  commit  the 
crime  of  grand  larceny,  a  felony;  that  is  to  say,  that  at  said  tirne  and 
place  the  said  Maurice  Hardy  did  willfully,  unlawfully  and  feloniously 
steal  and  take  from  the  jierson  of  E.  0.  Mickle,  the  sum  of  forty  dollars, 
lawful  money  of  the  United  States,  said  money  being  the  property  of 
and  belonging  to  the  said  E.  0.  Mickle;  that  said  William  Bryon,  at 
said  time  and  place,  and  prior  to  the  filing  of  this  information,  having 
knowledge  of  the  commission  of  said  crime  by  said  Maurice  Hardy,  as 
aforesaid,  did  take  and  receive  from  the  said  Maurice  Hardy  the  sum 
of  twenty  dollars,  lawful  money  of  the  United  States,  upon  the  agree- 
ment and  understanding,  willfully,  unlawfully  and  feloniously  made  and 
entered  into  with  the  said  Maurice  Hardy,  that  he,  the  said  William 
Bryon,  would  compound  and  conceal  the  crime  which  had  been  com- 
mitted as  aforesaid  by  said  Hardy,  contrary  to  the  form,  force  and  effect 
of  the  statute  in  such  case  made  and  provided,  and  against  the  peace 
and  dignity  of  the  people  of  the  state  of  California. 

Dated  the  third  day  of  January,  1894. 

f 
District  Attorney  of  said  County  of  Merced. 

NOTE.— Precedent  in  People  v.  Bryon,  103  Cal.  676,  37  Pac.  754. 

No.  2118.    Information  for  Conspiracy. 
[Title  of  Court  and  Cause.] 

John  Richards  is  accused  by  the  district  attorney  of  the  county  of 
Santa  Clara,  state  of  California,  by  this  information,  of  conspiracy, 
committed  as  follows: 

The  said  John  Richards,  on  or  about  the  ninth  day  of  September, 
A.  D.  1884,  at  the  county  and  state  aforesaid,  did  conspire  with  one 


763  Indictment  and  Information.     Forms  2119,  2120 

David  Davis,  feloniously  and  by  means  of  force  and  fear  to  take  certain 
bank  checks  to  and  of  the  value  of  $15,000  from  the  person  and  imme- 
diate presence  of  one  Henry  Miller,  the  owner  thereof,  against  the  will 
of  the  said  Henry  Miller;  and  immediately  theretofore,  and  for  the 
purpose  of  said  taking,  to  compel  said  Henry  Miller,  by  means  of  force 
and  fear,  to  draw,  make,  and  sign  said  checks ;  and  said  defendant  in 
pursuance  of  said  conspiracy,  and  to  effect  the  object  thereof,  did  on 
or  about  the  date  last  named,  proceed  from  the  town  of  Hollister,  in 
the  county  of  San  Benito,  state  of  California,  to  the  city  of  Gilroy,  in 
the  coimty  of  Santa  Clara,  in  said  state,  and  did  arm  and  disguise  him- 
self, and  on  the  13th  of  September,  1884,  did  set  forth  from  said  city 
of  Gilroy  along  the  road  leading  therefrom  to  the  certain  place  in  the 
county  last  aforesaid,  known  as  Pacheco  Pass,  thereto  lie  in  wait  for 
said  Henry  Miller,  and  consummate  the  purpose  of  the  said  conspiracy, 
contrary  to  the  form,  force  and  effect  of  the  statute  in  such  cases  made 
and  provided,  and  against  the  peace  and  dignity  of  the  people  of  the 
state  of  California. 

J.  H.  Campbell, 

District  Attorney. 

NOTE.— Precedent  in  People  v.  Richards,  67  Cal.  412,  56  Am.  Rep.  716, 
7  Pae.  828. 

No.  2119.    Indictment  for  Assault  With  Intent  to  Kill — Oregon. 
[Title  of  Court  and  Cause.] 

Tony  Lynch  is  accused  by  the  grand  jury  of  the  county  of  Multnomah 
by  this  indictment  of  the  crime  of  assault  with  intent  to  kill,  committed 
as  follows: 

The  said  Tony  Lynch,  on  the  twentieth  day  of  October,  1890,  in  the 
county  of  Multnomah  and  state  of  Oregon,  was  armed  with  a  dangerous 
weapon,  namely,  a  pistol  loaded  with  gunpowder  and  leaden  balls,  and 
being  so  armed  with  such  danr!:erous  weapon  aforesaid,  did  then  and 
there  unlawfully  and  feloniously  assault  one  James  Brown  with  such 
dangerous  weapon,  by  then  and  there  shooting  at  him,  the  said  James 
Brown,  with  said  loaded  pistol,  with  intent  him,  the  said  James  Brown, 
then  and  there  to  kill  and  murder. 

Dated  at  Portland,  in  the  county  aforesaid,  the  twenty-first  day  of 
March,  A.  D.  1891. 

T.  A.  Stephens, 

District  Attorney. 

NOTE.— Precedent  in  State  v.  Lynch,  20  Or.  389,  26  Pac.  219. 

No.  2120.    Information  for  Assault  With  a  Deadly  Weapon. 
[Title  of  Court  and  Cause.] 

Harry  Forney  is  accused  by  the  district  attorney  by  this  information 
of  the  crime  of  an  assault  with  a  deadly  weapon,  committed  as  follows : 
The  said  Harry  Forney  on  the  eleventh  day  of  September,  A.  D.  1888, 


Forms  2121, 2122         Cowdeby's  Form  Book.  764 

at  the  said  city  and  county  of  San  Francisco,  with  a  deadly  weapon, 
namely,  a  knife,  which  he,  the  said  Harry  Forney,  in  his  hand  then 
and  there  had  and  held,  upon  the  person  of  one  John  Coffey,  there  being, 
did  willfully,  unlawfully  and  feloniously  commit  an  assault,  contrary 
to  the  form,  force  and  effect  of  the  statute  in  such  case  made  and  pro- 
vided, and  against  the  peace  and  dignity  of  the  people  of  the  state  of 
California. 

John  Graham, 

District  Attorney. 

NOTE.— Precedent  in  People  v.  Forney,  81  Cal.  119,  22  Pac.  481. 

The  intent  to  commit  the  assault  and  the  present  ability  to  do  so  are  mat- 
ters of  evidence,  and  need  not  be  charged  in  the  indictment  or  information: 
People  V.  Forney,  81  Cal.  119,  22  Pac.  481;  People  v.  Savercool,  81  Cal,  650, 
22  Pac.  856;  People  v.  Turner,  65  Cal.  540,  4  Pac.  553.  Compare  the 
precedent  in  People  v.  Murat,  45  Cal.  281. 

No.  2121.    Indictment  for  Carrying  Concealed  Weapon. 
[Title  of  Court  and  Cause.] 

Patsy  Burns  is  accused  by  the  grand  jury  of  the  county  of  Gallatin, 
state  of  Montana,  by  this  indictment,  of  the  crime  of  carrying  concealed 
weapons,  committed  as  follows :  The  said  Patsy  Burns,  late  of  the  county 
of  Gallatin  aforesaid,  on  the  fifth  day  of  February,  A.  D.  1885,  at  the 
county  of  Gallatin  aforesaid,  did  unlawfully  bear  concealed  upon  the 
person  of  him,  the  said  Patsy  Burns,  a  deadly  weapon,  to  wit,  a  certain 
revolver,  within  the  limits  of  the  town  of  Timberline,  county  of  Gal- 
latin, aforesaid,  contrary  to  the  form  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  [state]  of  Mon- 
tana. 

,  District  Attorney. 

NOTE.— Precedent  in  Territory  v.  Burns,  6  Mont.  73,  9  Pae.  432. 

No.  2122.    Indictment  for  Burglary. 
[Title  of  Court  and  Cause.] 

John  W.  Taggart  is  accused  by  the  grand  jury  of  the  county  of 
Sonoma,  state  of  California,  by  this  indictment  found  the  third  day  of 
October,  A.  D.  1871,  of  the  crime  of  burglary,  committed  as  follows: 
The  said  John  W.  Taggart,  on  the  thirteenth  daj'^  of  July,  A.  D.  1871, 
at  the  county  and  state  aforesaid,  at  about  the  hour  of  nine  o'clock  in 
the  night-time  of  said  day,  with  force  and  arms,  the  house  and  tenement 
of  William  Withrow,  then  and  there  situate,  feloniously  and  burglar- 
iously did  break  and  enter  with  an  intent  then  and  in  said  house  and 
tenement  to  commit  petit  larceny — that  is  to  say,  with  intent  to  steal, 
take  and  carry  away  one  claw-hammer,  worth  one  dollar,  one  spoke- 
shave,  worth  seventy-five  cents ;  one  two-foot  rule,  worth  fifty  cents ;  and 
one  monkey-wrench,  worth  one  dollar,  of  the  goods  and  chattels  of 
William  Withrow  and  John  Charlton,  contrary  to  the  form,  force  and 


765  Indorsement — Inheritance  Tax.  Form  2130 

effect   of  the   statute   in   such   cases    made   and   provided,   and    against 
the  peace  and  dignity  of  the  people  of  the  state  of  California. 

,  District  Attorney. 

NOTE.— Precedent  in  People  v.  Taggart,  43  Cal.  81. 


INDORSEMENT. 

Indorsement  of  Order  of   Arrest — Justice's  Court,  No.  442. 

Indorsement  of  Service  of  Warrant,  No.  3851. 

Indorsement  of  Service  on  Warrant  of  Arrest,  No.  468. 

Indorsement  on  Venire — Justice's  Court,  No.  3783. 

Indorsement  on  Warrant  of  Arrest  for  Service  in  Another  County,  No.  465. 


INFANCY. 

Infancy  of  Defendant — Answer,  No.  326. 
Infancy  of  Plaintiff— Answer,  No.   325. 


INHERITANCE  TAX. 

2130.  Affidavit  for  transfer  of  securities,  deposits,  etc 

2131.  Keport  of  inheritance  tax  appraiser. 

2132.  Certificate  of  inheritance  tax  appraiser. 

No.  2130.    Affidavit  for  Transfer  of  Securities,  Deposits,  etc.— Non- 
resident Decedent. 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says: 

1.  That died  —testate  on  or  about ,  19—,  at ,  a  resident 

of ,  state  of . 

2.  That  no  administration  of  his  estate  has  been  commenced  in  the 
state  of  California  (nor  is  about  to  be). 

3.  That  the  clear  market  value  of  decedent's  property  subject  to  the 

inheritance  tax  law  of  the  state  of  California  does  not  exceed  $ , 

and  consists  of: 

(a)  Personal  property  situate  in  California  of  the  following  kind  and 
character  and  valued  as  follows: 

(1)  Bonds  or  notes  present  in  California,  or  owed  by  California 
debtors:  . 

(2)  Shares  of  stock  in  California  corporations:  . 

(3)  Deposits  or  other  assets,  or  contents  of  safe  deposit  boxes  stand- 
ing in  the  name  of  decedent,  or  in  the  name  of  decedent  and  one  or 
more  persons :  . 


(4)  Other  personal  property:  . 

(b)  Real  property  situate  in  California  [name  county  where  situate 
and  name  of  person  in  whose  name  title  stands]  :  . 


Form  2131  Cowdery's  Form  Book.  766 

4.  That  said  property  of  decedent  passed  to  the  following  persons, 
whose  relationship  to  decedent  and  the  approximate  value  of  whose 
interests  are  as  follows: 

Name.  Address.  Relationship.  Value  of  Interest. 


5.  That  affiant  had  a  general  knowledge  of  tlie  financial  and  physical 
condition  of  decedent  for  a  number  of  years  prior  to  his  death,  and 
thereupon  answers  the  following  questions  [if  affiant  is  not  well  ac- 
quainted with  the  financial  and  physical  condition  of  decedent,  as  above 
stated,  name  person  best  acquainted  therewith  and  his  address]  :  , 

Q.  Did  decedent  make  any  transfer  or  transfers  of  any  of  his  prop- 
erty without  valuable  and  adequate  consideration,  in  contemplation  of 
his  doatli,  or  intended  to  take  effect  in  enjojonent  at  or  after  such  death? 
[Give  names  of  transferee  and  brief  description  of  property]  :  . 

Q.  Did  decedent,  during  the  latter  part  of  his  life,  transfer  the  greater 
part  or  a  large  part  of  his  property  without  valuable  and  adequate  con- 
sideration, that  is,  as  a  gift  or  partly  as  a  gift  or  to  avoid  probate? . 

,  Residing  at . 

Subscribed  and  sworn  to  before  me  this  day  of ,  19 — . 


Notary  public  in  and  for  the  County  of ,  State  of , 

No.  2131.    Report  of  Inheritance  Tax  Appraiser. 

[Title  of  Court  and  Cause.] 

To  the  Honorable,  the  Superior  Court  Above  Named: 

I,  ,  the  duly  appointed,  qualified  and  acting  inheritance  tax  ap- 
praiser in  the  county  and  proceedings  above  named,  after  due  and 
regular  hearing  had  and  appraisement  made,  hereby  report: 

Tliat  decedent  above  named  died  — testate  on  or  about  ,  19 — ,  a 

resident  of  ,  and  left  property  taxable  under  the  inheritance  tax 

laws  of  the  state  of  California  in  the  above-entitled  proceedings,  the 
value  of  which  property  at  decedent's  death  was  as  follows: 
Property  reported  to  this  court  and  particularly  described  in  the  in- 
ventory  and   appraisement  heretofore  filed  herein   and   hereby  re- 
ferred to  and  made  a  part  hereof  by  reference  thereto $ 

Deductions  should  be  made  therefrom  as  follows: 

Expenses  of  funeral  and  of  last  illness $ 

Debts  of  deceased  (being  allowed — claims) $ 

Taxes  due  at  decedent 's  death $ 

Executor's  or  administrator's  commissions $ 

Fees  of  attorney  for  same $ ■ 

Expenses   of   administration,   being   clerk's,   notary's,    appraiser's 

fees,  etc $ 

Other  deductions $ — — 


767  Injunction.  Forms  2132-2138 

Tlic  clear  market  value  of  said  property  subject  to  said  tax  is  there- 
fore $ . 

That  said  property  passed  upon  the  death  of  said  deceased  to  the 
following  named  persons,  whose  relationship  to  decedent,  the  character 
and  clear  market  value  of  whose  respective  interests  and  the  inheritance 
or  transfer  tax  due  thereon,  are  as  hereinafter  shown: 

XT  T.  ,   X-       I.-    X    J  J         T^  X-  1      .  m  Character  and  value 

Name.         Kelationship  to  deceased.         Exemption  and  rates.         Tax. 

01  interest. 


Dated  . 

,  Inheritance  Tax  Appraiser. 

No.  2132.     Certificate  of  Inheritance  Tax  Appraiser. 

In  the  Superior  Court  of  the  State  of  California,  in  and  for  the  City 

and  County  of  San  Francisco. 
In  the  Matter  of  the  Estate  of ,  Deceased. 

It  appearing  to  the  undersigned  inheritance  tax  appraiser  in  the  above- 
entitled   estate,   upon   examination   of   the   of   the    above-entitled 

estate,  and  from  other  information  before  said  appraiser,  that  there  is 
no  inheritance  tax  due  to  the  state  of  California  out  of  said  estate,  or 
a  lien  upon  any  property  or  interest  therein, 

I, ,  the  undersigned  inheritance  tax  appraiser  in  the  above-entitled 

estate,  do  hereby  certify  to  the  above-entitled  superior  court  that  there 
is  no  inheritance  tax  due  out  of  said  estate  or  a  lien  upon  any  property 
or  interest  therein. 

Dated  this day  of ,  19 — . 

,  Inheritance  Tax  Appraiser. 


INJUNCTION. 

2138.  Complaint  for  an  injunction. 

2139.  Complaint  for  injunction  to  restrain  defendants  from  flowing  water 

on  plaintiff's  land. 

2140.  Injunction. 

2141.  Writ  of  injunction. 

2142.  Bond  on  injunction. 

2143.  Permanent  injunction  to  restrain  interference  with  watercourse. 

2144.  Injunction  from  interfering  with  interstate  commerce. 

2145.  Injunction  to  restrain  disposition  of  property  of  partnership. 

2146.  Restraining  order. 

No.  2138.     Complaint  for  an  Injunction. 
[Title  of  Court  and  Cause.] 

Plaintiffs  complain  and  allege  that  on  or  about  the  first  day  of  .Tuiy, 
1878,  the  said  plaintiffs,  and  the  said  William  F.  Robinson  and  Matthew 
F.  Funkin,  were  citizens  of  the  United  States,  residing  in  the  said 
county  of  Custer,  state  of  Colorado;  that  on  said  day  these  plaintiffs, 


Form  2138  Cowdery's  Form  Book.  768 

and  llie  said  defendants  Robinson  and  Matthew  F.  Funkin,  made  and 
entered  into  a  contract  in  and  by  which  it  was  then  and  there  mutually 
agreed  by  and  between  them,  the  said  parties,  plaintiff  and  defendant 
last  named,  that  they  would  each  and  all  engage  in  the  business  of 
prospecting  for,  and  development  of  lode  mining  property  in  Hard- 
scrabble  mining  district,  Colorado;  that  each  and  all  of  the  said  parties 
should  give  his  time  and  attention  to  said  business,  and  should  furnish 
liis  work  and  labor  for  the  purposes  of  said  business;  that  each  of  them 
should  furnish  equal  sliares  and  proportions  of  all  moneys,  and  materials, 
and  labor  necessary  for  the  purposes  of  said  business  of  discovery  and 
development,  and  that  each  of  the  said  parties  should  also  furnish  his 
proportionate  share  of  the  tools  and  implements  necessary  and  proper 
for  said  work ;  that  any  and  all  mining  property  discovered  or  developed 
by  them,  or  by  any  one  or  more  of  them,  should  be  held  by  them  and 
each  of  them,  and  all  of  them,  as  tenants  in  common,  and  each  having 
and  holding  an  undivided  one-fourth  interest;  that  any  mining  prop- 
erty so  struck,  discovered  or  developed,  in  said  district,  when  developed 
by  them,  or  either  of  them,  sufficiently  to  be  recorded,  should  be  re- 
corded in  the  names  of  all  the  said  parties  to  said  agreement,  and  for 
their  mutual  use  and  benefit  as  aforesaid ;  and  that  all  mining  property 
discovered,  developed,  located  or  recorded  by  them,  or  either  of  them, 
in  said  district,  should  be  the  property  in  common  of  the  said  parties 
thereto,  and  should  be  held  by  them,  as  the  sole  and  only  owners  thereof; 
that  under  and  in  pursuance  of  said  agreement,  the  said  parties  thereto 
did,  on  and  after  the  first  day  of  July,  1878,  enter  upon  the  said  business 
of  prospecting  for,  and  discovery  and  development  of,  mining  property 
in  the  said  Hardscrabble  mining  district,  and  that  in  pursuance  of  such 
business  they  did  discover  and  develop,  and  caused  to  be  surveyed  and 
recorded  in  the  records  of  Custer  county,  certain  lode  mining  property 
hereinafter  described;  that  the  said  plaintiffs  also,  in  pursuance  of  said 
contract,  gave  their  time  and  attention  to  the  said  business,  and  be- 
stowed thereon  their  work  and  labor,  and  also  furnished  their  propor- 
tionate share  of  all  money,  materials,  tools  and  provisions  necessary 
for  carrying  on  the  said  business,  as  well  for  the  discovery  and  develop- 
ment as  for  the  location  and  record  of  said  property,  and  have  from 
the  said  first  day  of  July,  1878,  up  to  the  present  time  of  filing  this 
complaint,  been  at  all  times  anxious  and  ready  and  willing  to  carry 
out  and  abide  by  such  contract  in  all  respects,  and  to  discover  and 
develop  mining  property,  and  cause  the  same  to  be  located  and  re- 
corded for  the  joint  use  and  benefit  of  all  the  parties  to  said  contract; 
that  in  pursuance  of  such  agreement,  and  in  carrying  on  the  said  busi- 
ness, the  said  plaintiffs,  and  the  said  defendants  Robinson  and  Matthew 
F.  Funkin,  did,  on  the  first  day  of  July,  A.  D.  1878,  locate  in  said 
mining  district  a  lode  known  and  called  the  Victor  ledge  or  lode;  and 
on  the  second  day  of  July  they  also  located,  and  since  caused  to  be 
recorded,  a  lode  or  ledge  in  said  mining  district,  known  and  called  the 
Calumet  lode  or  ledge,  which  said  locations  were  made  in  the  name 


769  Injunction.  Form  2138 

of  all  the  said  parties,  and  in  pursuance  of  the  agreement  above  set 
forth ;  that  on  the  sixteenth  day  of  August,  A.  D.  1878,  one  of  the  said 
parties,  to  wit,  Jolm  W.  Lawrence,  having  made  a  discovery  and  com- 
menced  to   work    therein,   located    two   mining   claims   in   said    mining 
district,  by  setting  up  a  stake  with  his  name  written  thereon,  which 
said  claims  are  not  yet  located  in  form,  but  are  still  claimed  by  the  said 
Lawrence;  and  that  said  claims  were  prospected  for  and  found  by  him 
while  he  was  at  work  under  the  said  agi-eement;  and  that  he  holds  the 
same  for  the  sole  use  and  benefit  of  all  the  said  parties  to  said  agree- 
ment, and  that  he  is  ready  and  willing,  and  always  intended,  to  cause 
the  same  to  be  fully  and  completely  located  and  recorded  in  the  names 
of  all  the  parties  to  the  said  agreement,   and  for  their  sole  use  and 
benefit,  in  accordance  with  the  tenor  and  effect  of  said  agreement;  that 
on  the  nineteenth  day  of  August,  A.  D.  1878,  the  said  Edward  A.  Hil- 
burn  discovered  a  lode  in  said  Hardscrabble  mining  district,  and  erected 
thereon  a  discovery  stake  with  the  names  of  all  the  parties  to  said 
agi-eement  thereon,  and  the  name  of  the  lode,  to  wit,  the  Spar  lode  or 
ledge,   and   the   date   of   discovery   thereon;    tliat   said    lode,   ledge,    or 
deposit  was  prospected  for,  discovered,  and  staked  under  and  in  pur- 
suance of  the   said   agreement   above   set   forth,   and   for   the  use   and 
benefit  thereto,  as  shown  by  the  certificate  of  location  on  record;  that 
on  the  nineteenth  day  of  August,  A.  D.  1878,  the  said  William  F.  Rob- 
inson discovered  a  lode  in  said  district,  and  erected  thereon  a  discovery 
stake,  with  the  names  of  the  said  parties  to  said   agreement  thereon, 
and  the  name  of  the  lode,  to  wit,  the  Number  Five  lode;  that  on  the 
twenty-first  day  of  Au^st,  A.  D.  1878,  these  plaintiffs  also  discovered 
another  lode  in   said   district,   and  erected   thereon   a   discovery   stake 
with  the  names  of  all  the  said  parties  to  said  agreement,  and  the  name 
of  the  lode,  to  wit,  the  Whetstone  lode,  and  the  date  of  the  discovery 
written  thereon;   that  said  lodes  were  prospected  for,   discovered  and 
located,  and  recorded,  under  and  in  pursuance  of  the  said  agreement  _ 
above  set  forth,  and  for  the  use  and  benefit  of  the  said  parties  thereto, 
as  shown  by  the  certificate  of  location  on  record;  that  on  the  thirtictli 
day  of  August,  A.  D.  1878,  the  said  defendant,  William  F.  Robinson, 
discovered  a  lode  and  erected  a  discovery  stake  thereon,  which  stake 
had  the  names  of  all  the  parties  to  said  agreement,  the  name  of  the 
lode,  to  wit,  the  Iron  Mine  lode,  and  date  of  discovery  written  thereon, 
which  said  discovery  and  staking  was  also  done  for  the  use  and  benefit 
of  the  said  parties  to  said  agreement,  and  in  pursuance  thereof;  that 
on  the  thirtieth  day  of  August,  A.  D.  1878,  the  plaintiff,  Edwin  A. 
Hilburn,  discovered   a  lode  in  said  district,   and   erected  a  discovery 
stake  thereon,  with  the  names  of  the  said  parties  to  said  agreement 
and  the  name  of  the  lode  thereon,  to  wit,  the  Number  Nine  lode,  and 
the  date  of  discovery  written  thereon;  that  afterwards,  to  wit,  on  the 
sixteenth  day  of  October,  A.  D.  1878.  the  certificate  of  location  of  said 
lode  was  duly  recorded  in  the  names  of  the  parties  to  said  agreement 

Form  Book — 49 


Form  2138  Cowdery's  Form  Book.  770 

above  mentioned,  and  in  pursuance  thereof,  as  shown  by  said  certificate 
of  location  on  record  in  the  office  of  the  county  clerk  and  recorder  for 
Custer  counter,  Colorado;  that  while  said  agreement  was  in  force,  and 
on  the   second    day  of    September,   A.   D.  1878,   the   said   defendants, 
William  F.  Robinson  and  Matthew  F.  Funkin,  discovered  and  located 
a   certain   lode,   ledge,   or   deposit,   in   said   mining  district,   called   the 
Plata  Verde  lode,  and  caused  a  certificate  of  location  thereof  to  be 
recorded  in  the  office  of  the  recorder  of  deeds  of  Custer  county,   on 
the  eleventh  day  of  September,  A,  D.  1878,  which  certificate  is  in  the 
words  and  figures  following,  to  wit    [the  certificate  is  set  out  in  full 
as  part  of  the  complaint] ;  that  the  gi-eater  part  of  the  ground  now 
covered  by  the  said  Plata  Verde  lode  had  before  that  time  been  par- 
tially appropriated  and  designated  as  the  property  of  the  said  Hilburn, 
Lawrence,   Robinson   and    Matthew  F.   Funkin,   by   all    the   said   last- 
mentioned  parties  who,  on  the  eleventh  day  of  July,  1878,  discovered 
mineral  therein,  and  thereupon  erected  a  stake  at  the  point  where  such 
discovery  was   made,   with   the   following  inscription   tliereon    [the   in- 
scription is  set  out  in  the  complaint]  ;  that  such  digging  and  staking 
was  done  for  the  use  and  benefit  of  the  said  parties  on  said  stake  named, 
by  virtue  of  the  agreement  above  mentioned,  and  the  said  stake  was 
erected  to  give  notice  of  the  rights  of  the  parties;  and  the  said  plain- 
tiffs had  always  intended  to  go  on  and  complete  the  development  of 
the  said  property,  and  procure  the  same  to  be  properly  recorded.     But 
the  said   defendants   herein  afterward,  to  wit,   on  the   second   day   of 
September,  1878,  by  changing  the  apparent  direction  of  the  said  lode, 
or  ledge,  and  by  changing  the  discovery  at  another  place,  have  located 
nearly  the  entire   claim  that  vras  intended  to  be  covered  by  the  said 
Cliff  lode,  and  arc  now  claiming  the  same,  and  plaintiffs  aver  that  the 
location  of  the  Plata  Verde  is  on  the  same  lode,  ledge,  or  deposit  and 
principally  on  the   same  ground,   covered  by  the  said   Cliff  lode;  that 
while  said  agi-eement  was  in  force,  and  on  the  sixth  day  of  September, 
1878,  said  Robinson  and  Matthew  F.  Funkin  discovered,  developed,  and 
located,  in  the  names  of  all  the  parties  to  the  said  agi-eement,  and  for 
their  use  and  benefit,  a  claim  knoAvn  and  called    the  Mino  Rico  lode, 
ledge,  or  deposit,  and  caused  the  same  to  be  recorded  in  the  office  of 
the  recorder  of  deeds  of  said  Custer  county,  which  certificate  of  loca- 
tion was  in  the  words   and  figures  following,  to  wit:  These  plaintiffs 
aver   that  the   said   Frank   W.   Funkin   had   not,    at   the   time    of   the 
making  the  said  record,  any  right  to  any  share  whatever  in  said  claim, 
to  the  knowledge  of  these  plaintiffs,  and  that  if  he  has  any  right  to 
si; are  in  any  part  or  portion  of  said  Mino  Rico  lode,  it  exists  only  by 
virtue  of  some  agi-eement  made  with   the   said  defendants,   or  one   of 
them,   and   not  with   either  of  these   plaintiffs,   nor   Avas   any   contract 
made  with  their  consent;  and  that  the  said  apportionment  of  one-fifth 
to  each  of  said  parties  named  therein,  as  set  forth  in  said  certificate, 
is  erroneous,  and  was  not  made  with  the  knowledge  of  plaintiffs  or  by 
their  consent. 


77]  Injunction.  Form  2138 

These  plaintiffs  further  aver  that  all  of  the  said  above-mentioned 
lodes  are  all  located  upon  the  public  lands  of  the  mineral  region  belong- 
ing to  the  United  States,  and  was  at  the  time  of  location  unoccupied; 
that  ever  since  the  recording  of  said  Plata  Verde  lode,  the  said  Robin- 
son and  Matthew  F.  Funkin,  as  these  plaintiffs  are  inforined  and  be- 
lieve, have  claimed  and  are  now  claiming  that  these  plaintiffs  are  not 
entitled  to  any  interest  in,  or  any  part  or  portion  of,  the  said  Plata 
Verde  lode,  and  deny  that  the  plaintiffs  have  any  interest  therein  by 
virtue  of  said  agreement,  or  by  virtue  of  location  of  tlie  said  lode,  or 
by  virtue  of  the  staking  of  said  Cliff  lode  above  mentioned ;  that  on  the 
twenty-second  day  of  October,  1878,  at  said  Custer  county,  thse  plain- 
tiffs presented  to  said  Robinson  and  Matthew  F.  Funkin  deeds  of  quit- 
claim of  the  interest  as  it  appears  of  record  to  an  undivided  two-fourths 
of  said  Plata  Verde  lode,  which  said  deeds  were  from  the  said  Robinson 
and  Matthew  F.  Funkin  to  these  plaintiffs,  and  requested  the  said  par- 
ties last  mentioned  to  sign  the  same;  and  that  at  the  same  time  they 
also  presented  and  offered  to  deliver  to  the  said  Robinson  and  Matthew 
F.  Funkin  deeds  of  quitclaim  executed  by  these  plaintiffs  to  the  said 
Robinson  and  Matthew  F.  Funkin,  of  an  undivided  two-fourths  of  all 
lodes  discovered,  developed,  located  or  recorded  by  them  or  by  either 
of  them,  in  said  Hardscrabble  mining  district,  since  the  first  day  of 
July,  1878;  and  that  on  the  twenty-second  day  of  October,  1878,  these 
plaintiffs  also  demanded  a  deed,  and  presented  to  the  said  Robinson 
and  Matthew  F.  Funkin,  and  Frank  W.  Funkin. 

These  plaintiffs  further  allege  that  they  are  informed  and  believe 
that  the  said  defendants  are  each  claiming  one-fifth  interest  in  said 
Mino  Rico  lode,  when  in  truth  and  fact  they  are  entitled  to  but  two- 
fourths  of  the  lode;  and  the  said  Frank  W.  Funkin  has  conspired  with 
the  said  Robinson  and  Matthew  F.  Funkin  to  cheat  and  defraud  these 
plaintiffs  of  one-tenth  of  said  Mino  Rico  lode;  that  said  Plata  Verde 
and  the  said  Mino  Rico  lodes  are  of  great  value  for  the  silver  mineral 
they  contain ;  that  the  said  defendants  Robinson  and  Matthew  F.  Funkin, 
are  in  possession  of  said  lodes,  and  are  taking  out  of  the  said  Plata 
Verde  lode  large  quantities  of  rich  and  valuable  silver-bearing  ore  of 
great  value;  that  they,  the  said  defendants  last  named,  not  only  deny 
plaintiffs'  rights,  title  and  interest  to  said  lodes,  but  also  to  their 
interest  in  and  to  the  ore  mined  therefrom,  and  are  now  threatening 
to  sell  said  ore  and  the  said  Plata  Verde  lode,  and  that  the  plaintiffs 
believe  they  will  sell  the  said  lode,  and  ore,  mined  and  taken  from  tlie 
same,  unless  prevented  by  an  order  of  this  court.  The  plaintiffs  there- 
fore pray  that  they  may  have  judgment  herein  against  the  said  defend- 
ants; that  the  said  lode  mining  property  above  described  as  discov- 
ered, developed,  located,  or  recorded  by  the  plaintiffs,  and  the  said 
Robinson  and  Matthew  F.  Funkin,  or  either  of  them,  in  Hardscrabble 
mining  district,  Custer  county,  Colorado,  since  the  first  day  of  July, 
1878,  shall  be  adjudged  to  be  the  property  of  the  said  Hilburn.  Robin- 
son,  Lawrence   and   Matthew  F.   Funkin,   as   tenants   in    common,    the 


Form  2139  Cowdery's  Form  Book.  772 

same  as  though  the  said  lode  property  had  been  located  and  recorded 
in  the  names  of  all  the  said  last-mentioned  parties,  and  in  accordance 
v/itli  the  terms  of  the  said  contract;  that  the  said  Hilburn,  Robinson, 
Lawrence  and  Matthew  F.  Funkin,  be  adjudged  and  decreed  to  make, 
execute  and  deliver  each  to  the  other  such  deed  or  deeds  as  may  be 
necessary  to  convey  to  each  other  such  undivided  interest  in  any  and 
all  mining  property  developed  and  discovered,  located  or  recorded,  in 
said  Hardscrabble  mining  district,  by  any  one  or  more  of  them,  and 
not  located  and  recorded  in  the  names  of  all  as  by  virtue  of  said  agree- 
ment they  are  entitled  to  hold ;  that  the  said  defendants  may  also  be 
decreed  and  adjudged  to  convey  to  the  said  plaintiffs  herein  a  suffi- 
cient interest  in  the  said  Mino  Rico  lode  to  make  the  interest  of  the 
said  plaintiffs  an  undivided  two-fourths,  in  accordance  with  their  rights 
under  said  contract;  that  an  accounting  may  be  taken  of  the  value  of 
all  ores  taken  out  of  said  Plata  Verde  lode,  or  any  other  of  said  lodes 
above  mentioned,  and  sold  or  converted  to  the  use  of  the  defendants, 
by  said  defendants,  or  either  of  them,  and  also  an  account  of  moneys 
paid  out  or  expended  by  said  parties  to  said  agreement,  since  the  first 
day  of  July,  1878,  in  and  about  the  said  business  of  prospecting  for 
development  and  recording  of  lodes;  and  that  the  said  parties  may  be 
decreed  to  pay  each  to  the  other  such  sums  as  shall  be  found  due  to  the 
otlier,  for  or  on  account  of  moneys  paid  or  for  moneys  received  for 
sale  of  ore,  or  otherwise,  mined  or  taken  from  any  lode  property  found 
to  be  the  property  of  the  said  parties;  that  the  said  defendants  be 
enjoined  from  carrying  away  or  disposing  of  any  ore  mined  or  taken 
out  of  said  lodes  above  mentioned,  or  from  selling,  bonding,  or  in  any- 
wise disposing  of  or  encumbenng  more  than  two-fourths  of  said  lodes, 
until  the  further  order  of  this  court;  and  that  to  secure  tliis  end  a  tem- 
porary injunction  may  issue  tliercfor  out  of  this  court;  that  some  proper 
person  may  be  appointed  by  this  court  as  a  receiver,  to  take  charge  of 
any  and  all  ores  that  may  now  be  mined  in  said  lode,  or  that  has  been 
taken  out  of  said  lodes  above  mentioned,  with  power  to  dispose  of  the 
same  for  the  use  and  benefit  of  all  the  parties  to  said  agreement  above 
mentioned,  and  that  the  plaintiffs  have  judgment  against  said  defend- 
ants for  their  costs  expended  herein,  and  such  other  and  further  relief 
as  maj^  herein  be  meet  and  proper. 

[Signature  of  attorney.] 

NOTE. — Precedent  in  Lawrence  v.  Eobinson,  4  Colo.  567. 

No.  2139.    Complaint  for  Injunction  to  Restrain  Defendants  from  Flow- 
ing Water  on  Plaintiff's  Land. 
[Title  of  Court  and  Cause.] 

That  he  [plaintiff]  is  the  owner  and  in  the  possession  of  a  certain 
ranch  or  piece  of  gi-ound  situate,  lying  and  being  in  the  county  of  El 
Dorado  and  state  aforesaid,  and  bounded  [describing  it]. 

Plaintiff  avers  that  he  is  a  rancher  and  cultivator  of  the  soil;  that  he 
has  on  his  said  ranch  a  valuable  garden  and  orchard;  that  there  is  a 


773  Injunction.  Form  2139 

dwclling-lionse  ancl  stable  thereon,  and  was,  a  sliort  time  since,  a  good 
spring  thereon,  the  water  of  which  was  used  for  drinking  and  culinary 
purposes;  that  he  has  also  in  said  ranch  a  dam,  used  for  the  purpose 
of  collecting  water;  that  there  is  also  upon  said  ranch  a  ditch  connected 
with  said  dam,  and  which  is  supplied  with  water  from  said  dam;  that 
said  dam  and  ditch  are  used  by  plaintiff  to  collect  and  supply  water  for 
in-igating  the  trees  and  vegetables  on  said  ranch;  that  said  garden,  and 
vegetables  and  trees  gi'owing  thereon,  would  be  entirely  useless  and 
worthless  without  said  water,  and  that  said  water  could  not  be  obtained 
or  supplied  without  said  dam  and  ditch. 

Plaintiff  avers  that  he  now  has,  and  has  had  for  some  time  past,  a 
gi'eat  many  vegetables  and  trees  growing  in  said  garden. 

Plaintiff  further  avers  that  a  short  time  since,  and  while  plaintiff  was 
the  owner  of  said  land  as  aforesaid,  the  defendant  commenced  mining 
operations  upon  the  ravine  and  hillside  above  the  land  aforesaid,  south 
of  and  about  one  hundred  yards  from  said  garden;  that  said  mining  is 
carried  on  by  the  process  known  as  sluicing,  and  by  means  of  using  large 
quantities  of  water;  that  said  defendants,  by  mining  and  using  large 
quantities  of  water  as  aforesaid,  have  flooded  plaintiff's  premises  afore- 
said, injuring  and  filling  up  the  dam  aforesaid,  so  that  it  is  worthless, 
cutting  and  injuring  the  ditch  aforesaid,  cutting  and  injuring  the  garden 
aforesaid,  so  as  to  destroy  the  vegetables  and  injure  and  damage  the 
trees  thereon. 

And  plaintiff  further  avers  that  said  defendants,  by  their  acts  afore- 
said, have  injured  and  destroyed  said  spring,  and  have  rendered  the 
same  entirely  worthless  and  useless  to  plaintiff. 

Plaintiff  charges  that  the  acts  of  defendants  are  unlawful,  and  if  they 
are  permitted  to  continue  their  acts  aforesaid,  great  and  irreparable  in- 
jury will  be  done  him.  That  they  have  already,  by  their  acts  aforesaid, 
done  him  injury  and  damage  in  the  sum  of  one  hundred  and  fifty  dollars. 

Plaintiff  further  charges,  according  to  his  information  and  belief,  that 
said  defendants  have  no  property  or  visible  means  from  which  an  execu- 
tion could  be  satisfied  in  case  of  the  redemption  of  a  judgment  against 
them  in  favor  of  plaintiff  for  the  injuries  done  and  threatened  aforesaid. 

Wherefore,  plaintiff  sues  and  prays  judgment  for  said  sum  of  one  hun- 
dred and  fifty  dollars  damages,  and  costs  of  suit.  And  he  further  prays 
that  a  temporary  injunction  be  issued  against  the  defendants  enjoining 
them  from  in  any  manner  flowing  water  upon  said  land  and  premises, 
or  any  part  thereof,  and  that  upon  final  hearing  said  injunction  be  made 
perpetual. 

■ ,  Attorney  for  Plaintiff. 

[Verification.] 

NOTE.— Precedent  in  Levaroni  v.  Miller,  34  Cal.  232,  91  Am.  Dec.  692. 


Forms  2140, 2141         Cowdery's  Form  Book,  774 

No.  2140.     Injunction. 
[Title  of  Court  and  Cause.] 

The  plaintiff  in  the  above-entitled  cause,  having  commenced  an  action 
in  the  superior  court  of  the  county  of  Plumas,  state  of  California, 
against  the  above-named  defendant,  and  having  prayed  for  an  injunc- 
tion against  the  said  defendant,  requiring  him  to  refrain  from  certain 
acts  in  said  complaint,  and  hereinafter  more  particularly  mentioned,  on 
reading  the  said  complaint  in  said  action,  duly  verified  bj^  the  oath  of 
said  plaintiff,  and  it  satisfactorily  appearing  to  me  therefrom  that  it  is 
a  proper  case  for  an  injunction,  and  that  sufficient  grounds  exist  there- 
for, and  an  undertaking  having  been  given,  approved  and  as  required 
by  me,  in  the  sum  of  three  thousand  dollars,  it  is  therefore  ordered  by 
me,  the  judge  of  said  superior  court,  that  until  further  order  in  the 
premises,  you,  the  said  R.  R.,  and  all  your  servants,  counselors,  attor- 
neys, solicitors  and  agents,  and  all  others  acting  in  aid  or  assistance  of 
you,  and  each  and  every  of  you,  do  absolutely  desist  and  refrain  from 
[state  the  thing  prohibited  thus:  "Entering  u.pon  the  land  and  prem- 
ises, or  any  part  thereof,  described  in  the  said  complaint,  and  from  cut- 
ting trees,  lopping  off  branches,  or  otherwise  mutilating  said  premises, 
and  from  using  the  same  for  the  purposes  of  the  encampment  mentioned 
in  the  said  complaint,  and  from  digging  holes  in  the  ground  on  the  said 
premises,  and  from  committing  any  waste  or  nuisance  whatever  on  said 
land  and  premises"]. 

Dated . 

,  Judge. 

NOTE. — Alaska,  Comp.  Laws  1913,  sees.  1215-1220;  Arizona,  Bev.  Stats. 
(Civ.  Code  1913),  sees.  1456-1460;  California,  Code  Civ.  Proc,  sees.  525,  526; 
Colorado,  Mill's  Ann.  Code,  sees.  142-161;  Hawaii,  Eev.  Code  1915,  sec. 
2472  et  seq.;  Idaho,  Rev.  Codes  1907,  sees.  4287,  4288;  Kansas,  Gen.  Stats. 
1915,  sec.  7144  et  seq.;  Montana,  Rev.  Codes  1907,  sees.  6647-6653;  Nebraska, 
Rev.  Code  1913,  sec.  7791  et  seq.;  Nevada,  Rev.  Laws  1912,  sec.  5136  et  seq.; 
North  Dakota,  Comp.  Laws  1913,  sees.  7528-7536;  Oklahoma,  Harris  & 
Day's  Code  1910,  sees.  4866—1881;  Oregon,  Lord's  Oregon  Laws,  sec.  416 
et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  4984  et  seq.;  Utah,  <;)omp. 
Laws  1907,  sec.  3058  et  seq.;  Washington,  Rem.  Code,  sees.  718-739; 
Wyoming,  Comp.  Stats.  1910,  sec.  4897  et  seq. 

No.  2141.    Writ  of  Injunction. 

[Title  of  Court  and  Cause.] 

Tlie  People  of  the  State  of  California,  to  R.  R.,  Send  Greeting. 

The  above-named  plaintiff  having  filed  his  complaint  in  our  superior 
court  against  the  above-named  defendant,  praying  for  an  injunction 
against  said  defendant,  requiring  him  to  refrain  from  certain  acts  in 
said  complaint  and  hereinafter  more  particularly  mentioned ;  on  reading 
the  said  complaint  in  this  action,  duly  verified  by  said  plaintiff,  and  it 
satisfactorily  appearing  to  the  judge  of  said  court  therefrom  that  it 
is  a  proper  case  for  an  injunction,  and  that  sufficient  grounds  exist 
therefor,  and  tlie  necessary  and  proper  undertaking  having  been  given; 


775  Injunction.  Forms  2142, 2143 

We  therefore,  in  consideration  thereof,  and  of  the  particular  matters 
in  the  said  complaint  set  forth,  do  strictly  command  that  you,  the  said 
R.  R.,  each  and  eveiy  of  you,  until  the  further  order  of  said  court, 
you  and  each  of  you,  your,  and  each  of  your  servants,  counselors,  attor- 
neys, solicitors,  and  agents,  and  all  others  acting  in  aid  or  assistance 
of  you,  or  either  of  you,  do  absolutely  desist  and  refrain  from  [stato 

matter  as  in  order]. 

[Signature.] 

Witness  the  seal  of  said  court  [etc.]. 

No.  2142.    Bond  on  Injunction. 
[Title  of  Court  and  Cause.] 

Whereas,  the  above-named  plaintiff  has  commenced  an  action,  and 
issued  summons  therein,  in  the  superior  court  of  the  county  of  Lassen, 
state  of  California,  against  the  above-named  defendant,  and  is  about 
to  apply  for  an  injunction,  in  said  action,  against  the  said  defendant, 
enjoining  and  restraining  him  from  the  commission  of  certain  acts,  as 
in  the  complaint  filed  in  the  said  action  is  more  particularly  set  forth 
and  described. 

Now,  therefore,  we,  the  undersigned,  residents  of  the  county  of  Lassen, 
state  of  California,  in  consideration  of  the  premises,  and  of  the  issuing 
of  said  injunction,  do  jointly  and  severally  undertake  in  the  sum  of  three 
thousand  (3,000)  dollars,  and  promise  to  the  effect,  that  in  case  said 
injunction  shall  issue,  the  said  plaintiff  will  pay  to  the  said  party  en- 
joined, such  damages,  not  exceeding  the  sum  of  three  thousand  (3,000) 
dollars,  as  such  party  may  sustain  by  reason  of  the  said  injunction,  if 
the  said  superior  court  finally  decide  that  the  said  plaintiff  was  not 

entitled  thereto. 

[Signatures.] 

[Justification.] 

NOTE. — In  California,  on  granting  an  injunction,  except  when  the  people 
of  the  state,  a  county,  or  municipal  corporation,  or  a  married  woman  in  a  suit 
against  her  husband,  is  a  party  plaintiff,  a  written  undertaking  on  the  part  of 
the  plaintiff  is  required,  that  the  plaintiff  will  pay  to  the  party  enjoined  such 
damages,  not  exceeding  an  amount  to  be  specified,  as  such  party  may  sustain 
by  reason  of  the  injunction,  if  the  court  finally  decide  that  the  plaintiff  was  not 
entitled  thereto:   California,  Code  Civ.  Proe.,  sec.  529. 

No.  2143.    Permanent  Injunction  to  Restrain  Interference  With  Water- 
course. 
[Title  of  Cause.] 

This  cause  having  been  regialarly  called  and  tried  by  the  court,  and 
the  findings  o^  fact  and  conclusions  of  law,  and  the  decision  thereon  in 
writing,  havinc  been  rendered,  wherein  judgment  was  ordered  in  favor 
of  plaintiffs,  and  a-ainst  defendant  and  for  costs,  on  motion  of  attorney 
for  plaintiffs,  it  is  ordered,  adjudged  and  decreed  that  plaintiffs  have 
judgment  as  prayed  for  in  this  complaint;  that  defendant,  his  servants, 


Form  2144  Cowdery's  Form  Book.  776 

agents  Jind  employees,  be  perpeUially  enjoined  and  rcstrnincd  from 
diverting  or  using  any  water  from  the  regular  channel  of  Red  creek, 
Iron  county,  Utah,  except  as  ordered  by  the  said  company  plaintiff,  or 
from  diverting  the  said  waters  from  running  by  the  dwellings  of  the 
other  plaintiffs,  or  the  ditches  running  by  said  dwellings  except  by  order 
of  the  plaintiff  corporation,  but  that  the  same  may  be  allowed  to  flow 
as  heretofore  prior  to  the  diversion  complained  of,  under  the  control 
of  said  corporation.  That  defendant  be  required  to  remove  from  the 
ditches  running  to  the  Paragoonah  Field,  and  by  the  dwellings  of  the 
other  plaintiffs  herein,  all  dams  and  constructions  preventing  the  water 
from  flowing  at  all  times  as  heretofore  by  said  dwellings  and  down  to 
said  field,  and  as  ordered  by  said  company,  or  the  directors  thereof, 
and  restrained  from  placing  in  said  ditches  any  obstructions  preventing 
the  water  from  flowing  as  heretofore,  and  at  the  time  of  the  organiza- 
tion of  the  said  company,  and  not  into  new  lands  not  included  in  said 

field,  and  that  plaintiffs  have  judgment  for  their  costs  taxes  at  

dollars. 

NOTE. — Objection  having  been  made  to  form  of  this  writ,  the  court  said: 
"We  cannot  see  why  it  is  not  in  every  substantial  quality  a  good  and  valid 
writ":   Paragoonah  Field  &  Canal  Co.  v.  Edwards,  9  Utah,  479,  35  Pac.  487. 

No.  2144.    Injunction  from  Interfering  With  Interstate  Commerce. 
[Title  of  Court  and  Cause.] 

Upon  reading  the  verified  bill  of  complaint  in  this  cause,  and  hearing 
Thomas  E.  Milchrist,  district  attorney  for  the  United  States,  thereon,  it 
is  ordered,  adjudged  and  decreed  that  [here  many  individual  defendants 
wei'e  named]  and  all  persons  combining  and  conspiring  with  them  and 
all  other  persons  whomsoever,  be  enjoined  absolutely  to  desist  and  refrain 
from  in  any  way  or  manner  interfering  with,  hindering,  obstructing  or 
stopping  any  of  the  business  of  any  of  the  following  named  railroads 
[specifically  naming  the  various  roads  named  in  the  bill],  as  commMi 
carriers  of  passengers  and  freight  betAveen  or  among  any  states  of  the 
United  States,  and  from  in  any  way  or  manner  interfering  with,  hinder- 
ing, obstructing  or  stopping  any  mail  trains  or  other  trains,  whether 
freight  or  passenger,  engaged  in  interstate  commerce  or  carrjdng  pas- 
sengers or  freight  between  or  among  tlie  states ;  and  from  in  any  manner 
interfering  with,  hindei'ing  or  stopping  any  engines,  cars  or  rolling  stock 
of  any  of  said  companies  engaged  in  interstate  commerce,  or  in  connection 
with  the  carriage  of  passengers  or  freight  between  or  among  the  states; 
and  from  in  any  manner  interfering  with,  injuring  or  destroying  any 
of  the  property  of  any  of  the  said  railroads  engaged  in  or  for  the  pur- 
pose of,  or  in  connection  with,  interstate  commerce  or  the  carriage  of 
the  mails  of  the  United  States  or  the  transportation  of  passengers  or 
freight  between  or  among  the  states;  and  from  entering  upon  the 
grounds  or  premises  of  any  of  said  railroads  for  the  purpose  of  inter- 
fering with,  hindering,  obstructing  or  stopping  any  of  said  mail  trains, 


777  Injunction.  Form  2144 

passenger  or  freight  trains  engaged  in  interstate  commerce,  or  in  the 
transportation  of  passengers  or  freight  between  or  among  the  states,  or 
for  the  purpose  of  interfering  with,  injuring  or  destroying  any  of  said 
property  so  engaged  in  or  used  in  connection  with  interstate  commerce 
or  the  transportation  of  passen<;ers  or  propertj^  between  or  among  the 
states ;  and  from  injuring  or  destroying  any  part  of  the  tracks,  roadbed 
or  road,  or  permanent  structures  of  said  railroads;  and  from  injuring, 
destroying  or  in  any  way  interfering  with  any  of  the  signals  or  switches 
of  any  of  said  railroads  and  from  displacing  or  extinguishing  any  of  the 
signals  of  any  of  said  railroads,  and  from  spiking,  locking  or  in  any 
manner  fastening  any  of  the  switches  of  any  of  said  railroads,  and  from 
uncoupling  or  in  any  way  hampering  or  obstructing  the  control  by  any 
of  said  railroads  engaged  in  interstate  commerce  or  in  the  transporta- 
tion of  passengers  or  freight  between  or  among  the  states,  or  engaged  in 
carrying  any  of  the  mails  of  the  United  States;  and  from  compelling 
or  inducing  or  attempting  to  compel  or  induce,  by  threats,  intimidation, 
persuasion,  force  or  violence,  any  of  the  employees  of  any  of  said  rail- 
roads to  refuse  or  fail  to  perform  any  of  their  duties  as  employees  of 
any  of  said  railroads  in  connection  with  the  interstate  business  or  com- 
merce of  such  railroads  or  the  carriage  of  the  United  States  mail  by 
such  railroads,  or  the  transportation  of  passengers  or  property  between 
or  among  the  states ;  and  from  compelling  or  inducing  or  attempting  to 
compel  or  induce  by  threats,  intimidation,  force  or  violence  any  of  the 
employees  of  any  of  said  railroads  who  are  employed  by  such  railroads 
and  engaged  in  its  service  in  the  conduct  of  interstate  business,  or  in 
the  operation  of  any  of  its  trains  carrying  the  mail  of  the  United  States, 
or  doing  interstate  business,  or  the  transportation  of  passengers  and 
freight  between  and  among  the  states,  to  leave  the  service  of  such  rail- 
roads; and  from  preventing  any  person  whatever,  by  threats,  intimida- 
tion, force  or  violence  from  entering  the  service  of  any  of  said  railroads 
and  doing  the  work  thereof  in  the  carrjdng  of  the  mails  of  the  United 
States,  or  the  transportation  of  passengers  and  freight  between  or  among 
the  states;  and  from  doing  any  act  whatever  in  furtherance  of  any  con- 
spiracy or  combination  to  restrain  either  of  said  railroad  companies  or 
receivers  in  the  free  and  unhindered  control  and  handling  of  interstate 
commerce  over  the  lines  of  said  railroads,  and  of  transportation  of  per- 
sons and  freight  between  and  among  the  states;  and  from  ordering, 
directing,  aiding,  assisting  or  abetting  in  any  manner  whatever  any  per- 
son or  persons  to  commit  any  or  either  of  the  acts  aforesaid. 

And  it  is  further  ordered  that  the  aforesaid  injunction  and  writ  of 
injunction  shall  be  in  force  and  binding  upon  such  of  said  defendants 
as  are  named  in  said  bill  from  and  after  the  service  upon  them  severally 
of  said  writ  by  delivering  to  them  severally  a  copy  of  said  writ  or  by 
reading  the  same  to  them  and  the  service  upon  them  respectively  of  the 
writ  of  subpoena  herein,  and  shall  be  binding  upon  said  defendants,  wliose 
names  are  alleged  to  be  unknown,  from  and  after  the  service  of  such 
writ  upon  them  respectively  by  the  reading  of  the  same  to  them  or  by 


Forms  2145, 2146         Cowdery's  Forim  Book.  778 

the  publication  thereof  by  posting  or  printing,  and  after  service  of  sub- 
poena upon  any  of  said  defendants  named  herein  shall  be  binding  upon 
said  defendants  and  upon  all  other  persons  whatsoever  who  are  not 
named  herein  from  and  after  the  time  when  they  shall  severally  have 
knowledge  of  the  entry  of  such  order  and  the  existence  of  said  injunction. 

NOTE.— Precedent  in  In  re  Debs,  158  U.  S.  570,  39  L.  Ed.  1092,  15  Sup. 
Ct.  Eep.  900. 

No.  2145.    Injunction  to  Restrain  Disposition  of  Property  of  Partner- 
ship. 

State  of  California, 
County  of  Sierra, — ss. 

The  People  of  the  State  of  California  to  H,  B.  Summers,  B.  C.  Stephens 
and Hazeltine,  Greeting: 

Whereas,  an  order  has  been  made  by  the  Honorable  Niles  Searles, 
District  Judge  of  the  fourteenth  judicial  district  court,  in  and  for  Sierra 
county,  and  state  of  California,  enjoining  and  restraining  you  and  each 
of  you,  as  well  as  your  servants,  employees,  and  all  other  persons,  act- 
ing by,  through,  or  under  you,  from  taking  or  exercising  any  control, 
management  or  possession  of  any  of  the  goods,  wares,  merchandise, 
books  of  account,  moneys,  credits  or  other  property  or  effects  whatever, 
of  the  said  partnership  of  Summers  &  Co.,  from  collecting  any  and  all 
debts,  dues,  and  demands,  owing  to  said  partnership,  by  any  person  or 
persons  whomsoever,  or  in  any  other  manner  whatever,  with  said  part- 
nership property  and  business : 

Now,  therefore,  the  plaintiffs  having  filed  their  bond  as  required,  you 
and  each  of  you,  as  well  as  your  agents,  and  all  other  persons,  are  hereby 
commanded  to  obey  this  writ,  under  the  pains  and  penalties  of  the  law. 

Given  under  my  hand  and  the  seal  of  the  district  court  of  Sierra 
county,  California,  this  twenty-first  day  of  August,  A.  D.  1856. 

[Seal]  Alfred  Helm, 

Clerk  D.  C. 

No.  2146.    Restraining  Order. 

On  the  reading  and  filing  of  the  verified  complaint  in  the  above-entitled 
action,  it  is  hereby  ordered  that  the  defendants,  and  each  of  them,  appear 

before  this  court  in  Department thereof  on  the day  of  March, 

1909,  to  show  cause,  if  any  they  have,  why  they,  and  each  of  them,  should 
not  be  enjoined  and  restrained  from  selling,  transferring  or  instituting 
any  action  on  any  of  the  several  contracts  mentioned  in  said  complaint ; 
and  why  the  prayer  of  said  complaint  should  not  be  gi-anted. 

And  pending  this  hearing  you,  and  each  of  you,  said  defendants,  are 
hereby  restrained  and  enjoined  from  selling,  assigning,  transferring  or 
otherwise  disposing  of  the  contracts  mentioned  in  plaintiffs'  complaint, 
and  from  instituting  or  prosecuting  any  action,  or  actions,  thereon  until 
the  further  order  of  the  court. 


779  Innkeepers— Inquisition.  Form  2150 

It  is  further  ordered  that  a  copy  of  the  complaint  and  of  this  order 
be  served  on  the  defendants. 

Dated  this day  of ,  19 — , 

— ,  Judge. 


INNKEEPERS. 

2150.     Notice — Regulations  for  innkeepers. 

No.  2150.    Notice — Regulations  for  Innkeepers. 

[Name  of  hotel.] 

[Here  give  the  sections  of  the  code  or  statute  relative  to  innkeepers.^ 

Money,  jewelry  or  valuables  should,  in  all  cases,  be  deposited  in  the 
safe  in  the  office. 

Occupants  of  this  room  are  requested  to  bolt  their  doors  on  retiring; 
also,  to  lock  them  on  going  out,  and  leave  the  key  at  the  office. 

Meals,  lunches,  fruits,  etc.,  taken  or  sent  to  rooms  will  be  charged 
for.  Children  occupying  seats  at  the  public  table  will  be  charged  full 
price.  Guests  having  friends  dine  will  please  give  note  at  the  office, 
that  seats  may  be  provided. 

No  gas  stoves,  or  gas-heating  apparatus  allowed  in  the  rooms.  Every 
gas-burner  found  at  full  blaze  when  guests  are  absent  from  their  rooms 

will  be  charged  for  at  cents  per  hour.     In  no  case  will  guests 

be  allowed  to  furnish  their  own  fuel. 

Any  damage  to  furniture,  rooms,  etc.,  except  by  ordinary  wear  and 
tear,  will  be  charged  for. 

Any  inattention  on  the  part  of  employees  will  be  promptly  corrected, 
and  the  thanks  of  the  proprietor  given  to  guests  furnishing  the  informa- 
tion. 

All  bills  payable  in  United  States  gold  coin,  or  its  equivalent. 

[Here  give  terms  per  day,  the  price  of  each  meal,  and  hours  for 
meals.] 

,  Proprietor,  House. 

NOTE. — See  Cal.  Civ.  Code,  sees.  1859-1863. 


INQUISITION. 

Inquisition  by  Coroner'8  Jury,  No.  1277, 


Forms  2156,  2157         Co wdery 's  Form  Book.  780 


INSPECTION  OF  PAPERS. 

2156.  Eequest  for  inspection — Justice's  Court. 

2157.  Order  for  inspection. 

No.  2156.    Request  for  Inspection — Justice's  Court. 
[Title  of  Court  and  Cause.] 
To  A.  B.  C,  Justice  [etc.]  : 

The  plaintiff  [or  defendant]  demands  an  inspection  and  copy  of  the 
account  [or  instrument]  set  up  in  the  answer  herein  as  a  counterclaim 
[or  described  in  the  complaint  as  the  foundation  of  plaintiff's  cause  of 
action]. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  898. 

No.  2157.    Order  for  Inspection. 

[Title  of  Court  and  Cause.] 

It  is  ordered  that  you,  A.  L.  [defendant  or  plaintiff]  forthwith  [or  at 
a  time  stated]  exhibit  the  original  account  set  up  in  your  answer  to  the 
plaintiff,  and  furnish  him  with  a  copy  of  the  same. 

[Signature.] 

NOTE. — See  Alaska,  Comp.  Laws  1913,  sec.  1322;  Arizona,  Rev.  Stats. 
(Civ,  Code  1913),  sec.  1759;  California,  Code  Civ.  Proc,  sec.  1000;  Colorado, 
Mill's  Ann.  Code,  see.  355;  Hawaii,  Rev.  Code  1915,  sees.  2590-2592;  Idaho, 
Rev.  Codes  1907,  sec.  4202;  Montana,  Rev.  Codes  1907,  see.  7138;  Nevada, 
Rev.  Laws  1912,  sec.  5769;  New  Mexico,  Stats.  Ann.  1915,  sec.  4215;  North 
Dakota,  Comp.  Laws  1913,  sec.  7861;  Oklahoma,  Harris  &  Da.y's  Code  1910, 
sees.  5095,  509G;  Oregon,  Lord's  Oregon  Laws,  sees.  533,  866;  South  Dakota, 
Comp.  Laws  1913,  sees.  5250,  5251,  6100;  Utah,  Comp.  Laws  1907,  sees. 
2984,  2985,  2988,  3401,  3474,  3781;  Washington,  Rem.  Code,  sec.  1262; 
Wyoming,  Comp.  Stats.  1910,  sec.  4587  et  seq. 


INSTRUCTIONS. 

Instructions  by  Judgment  Debtor  to  Officer — Justice's  Court,  No.  1662. 

Instructions  to  Commissioners,  No.  1549. 

Instructions  to  Officer,   No.   585. 

Instructions  to  Officer  to  Garnish — Justice's  Court,  No.  1663, 

Instructions  to  Sheriff  to  Release,  No.  621. 


781  Insuranx'e.  Form  2169 


INSURANCE. 

2169.  Complaint  on  endowment  policy. 

2170.  Complaint  on  fire  insurance  policy. 

2172.  Complaint  on  life  insurance  policy. 

2173.  Complaint  on  life  insurance  policy  by  wife,  partner  or  creditor. 

2174.  Complaint  on  insurance  policy  for  cargo  lost  by  fire. 

2175.  Complaint  on  fire  insurance  policy  by  transferee  of  property. 

No.  2169.    Complaint  on  Endowment  Policy. 
[Title  of  Court  and  Cause.] 

The  plaintiff  in  the  above-entitled  action  complains  of  the  defendant 
therein,  and  for  cause  of  action  alleges: 

1.  That  said  defendant  is  a  voluntary  and  unincorporated  association 
of  a  very  large  number  of  persons,  and  has  for  its  object  the  payment 
of  endowments  in  the  sum  of  $500  at  certain  periods,  computed  accord- 
ing to  the  age  of  the  member,  until  the  aggregate  payments  to  each  mem- 
ber amount  to  the  sum  of  $5,000. 

That  said  sums  of  $500  are  paid  to  the  members  out  of  a  fund  created 
for  that  special  purpose,  and  held  by  defendant  in  trust  for  the  purpose 
of  said  payment.  That  said  fund  is  designated  the  "endowment  fund," 
and  is  composed  of  the  proceeds  from  assessments  levied  upon  the  mem- 
bers to  meet  the  payment  of  said  endowment  of  $500  as  the  same  be- 
comes due,  and  is  also  composed  of  fines  levied  for  nonpayment  of  said 
assessments  and  the  accumulation  of  interests  derived  from  investments 
of  said  assessments  when  collected. 

That  said  assessments  and  fines  are  levied  by  said  defendant  upon  its 
members. 

That  at  all  the  times  hereinafter  mentioned,  the  persons  composing 
the  said  association  transacted  the  business  thereof  at  said  city  and 
county  of  San  Francisco,  under  the  common  name  of  "Pacific  Endow- 
ment League"  and  made  and  executed  all  business  concerning  the  same, 
in,  under  and  by  said  name. 

That  heretofore,  to  wit,  during  the  year  1888,  and  prior  to  August  of 
that  year,  this  plaintiff  was  admitted  to  membership  in  said  defendant 
association,  and  did  join  the  same  and  thereby  became  a  member  thereof 
in  good  standing,  and  has  continuously  ever  since  been  a  member  of  said 
defendant  association,  in  good  standing  therein. 

2.  That  heretofore,  on  the  sixth  day  of  August,  1888,  the  said  defend- 
ant association  made,  executed  and  delivered  to  plaintiff  a  certain  writ- 
ten instrument,  of  which  the  following  is  a  true  copy,  viz.:  [Here  was 
inserted  a  copy  of  the  instrument.] 

That  plaintiff  was  a  member  of  said  defendant  association  in  good 
standing  on  the  thirteenth  day  of  January,  1891,  and  on  that  date  pre- 
sented said  coupon  to  the  secretary  of  said  association,  the  said  J.  Alfred 
Lenders,  and  demanded  payment  thereof,  and  said  association  then  and 
there  refused  to  make  payment  of  said  sum  of  $500  provided  for  in  said 


Forms  2170-2172         Cowdery's  Form  Book.  782 

coupon.  That  said  demand  was  made  by  plaintiff  on  said  thirteenth  day 
of  January,  1891,  upon  said  defendant  association,  at  said  city  and 
county  of  San  Francisco.  That  at  the  time  of  said  presentation  and  of 
said  demand,  there  were  ample  funds  and  money  in  said  "endowment 
fund"  to  fully  pay  said  sum  of  $500  provided  for  in  the  said  coupon. 
That  no  part  of  said  sum  of  $500  provided  for  in  said  coupon  has  been 
paid. 

Wherefore,  plaintiff  prays  judginent  against  the  said  defendant  asso- 
ciation for  the  sum  of  $500,  with  interest  and  costs  of  suit,  and  that  by 
said  judgment  the  defendant  association  be  directed  to  pay  the  same 
out  of  the  said  "endowment  fund,"  and  for  such  other,  further  or  dif- 
ferent relief  as  may  be  just. 

,  Attorney  for  Plaintiff. 

[Verification.] 

NOTE. — Precedent  in  Hogan  ▼.  Pacific  Endowment  League,  99  Cal.  250, 
33  Pac.  924. 

No.  2170.    Complaint  on  Fire  Insurance  Policy. 
[Title  of  Court  and  Cause.] 

The  plaintiff  complains,  and  alleges: 

That  the  defendants  are  a  corporation  duly  created  by  and  under  the 
laws  of  this  state  [or  the  state  of,  etc.],  organized  pursuant  to  an  act 
of  the  legislature  of  said  state,  entitled  [title  of  the  act],  passed  [date 
of  passage] ,  and  the  acts  amending  the  same. 

2.  That  the  plaintiff  was  the  owner  of,  [or,  had  an  interest  in]  a 
dwelling-house,  known  as  No.  200  M.  street,  in  the  city  of  P.,  at  the 
time  of  its  insurance  and  destruction  [or,  injury]  by  fire  as  hereinafter 
mentioned. 

3.  That  on  the  twenty-second  day  of  October,  1917,  at  P.,  in  con- 
sideration of  the  payment  by  the  plaintiff  to  the  defendants  of  the 
premium  of  $20,  the  defendants,  by  their  agents  duly  authorized  thereto, 
made  their  policy  of  insurance  in  writing,  a  copy  of  which  is  annexed 
hereto,  and  made  part  of  this  complaint. 

4.  That  on  the  twenty-ninth  day  of  November,  1917,  said  dwelling- 
house  and  furniture  were  totally  destroyed  [or,  greatly  damaged,  and 
in  part  destroyed]  by  fire. 

5.  That  the  plaintiff's  loss  thereby  was  $2,000. 

6.  That  on  the  third  day  of  December,  1917,  he  furnished  the  defend- 
ant with  proof  of  his  said  loss  and  interest,  and  otherwise  performed 
all  the  conditions  of  said  policy  on  his  part. 

7.  That  defendant  has  not  paid  the  said  loss,  nor  any  part  thereof. 
[Annexed  a  copy  of  policy.] 

No.  2172.    Complaint  on  Life  Insurance  Policy, 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 
].   [Allege  incorporation.] 


783  Insurance.  Form  2173 

2.  That  on  the  twenty-seventh  day  of  April,  1912,  at  M.,  the  de- 
fendant, in  consideration  of  the  [annual,  semi-annual,  or  otherwise] 
payment  by  one  A.  B.,  to  it  of  $1,000,  made  their  policy  of  insurance, 
in  writing,  of  Vvliich  a  copy  is  hereto  annexed,  marked  "Exhibit  A,"  and 
made  part  of  this  complaint,  and  thereby  insured  the  life  of  said  A.  B. 
in  the  sum  of  $20,000. 

3.  That  on  the  thirtieth  day  of  June,  1916,  at  M.,  the  said  A.  B.  died. 

4.  That  on  the  tAventy-eighth  day  of  June,  1916,  at  M.,  said  A.  B.  left 
a  will,  by  which  the  plaintiff  was  appointed  the  sole  executor  thereof 
[or,  this  plaintiff  and  C.  D.  were  appointed  executors  thereof] . 

5.  That  on  tlie  third  day  of  July,  1916,  said  will  was  duly  approved 
and  admitted  to  probate  in  the  superior  [or  other]  court  of  the  county 
of  M.,  and  letters  testamentary  thereupon  were  thereafter  issued  and 
granted  to  the  plaintiif,  as  sole  executor  [or  otherwise]  by  the  superior 
[or  other]  court  of  said  county;  and  this  plaintiff  thereupon  duly  quali- 
fied as  such  executor,  and  entered  upon  the  discharge  of  the  duties  of 
his  said  office. 

6.  That  on  the  fifth  day  of  July,  1916,  the  plaintiff  furnished  the 
defendant  with  proof  of  the  death  of  the  said  A.  B.,  and  the  said  A.  B. 
and  the  plaintiff  each  duly  performed  all  the  conditions  of  said  insur- 
ance on  their  part. 

7.  That  the  defendant  has  not  paid  the  same,  and  the  said  sum  is 
now  due  thereon  from  the  defendants  to  the  plaintiff,  as  such  executor. 

Wherefore  [etc.],  [Signature.] 

No.  2173.    Complaint  on   Life   Insurance  Policy  by   Wife,  Partner  or 

Creditor. 
[Title  of  Court  and  Cause.] 

The  plaintiff  complains,  and  alleges: 

1.  That  on  the  fifth  day  of  September,  1906,  at  R.,  the  defendant, 
in  consideration  of  the  [annual  or  otherwise]  payment  to  it  of  $800, 
executed  to  the  plaintiff  a  policy  of  insurance  on  the  life  of  her  hus- 
band, A.  B.,  of  which  a  copy  is  hereto  annexed,  and  made  a  part  of  this 
complaint,  and  marked  "Exhibit  A." 

2.  That  the  plaintiff  had  a  valuable  interest  in  the  life  of  the  said 
A.  B.,  at  the  time  of  his  death,  and  at  the  time  of  effecting  the  said 
insurance  [state  nature  of  interest]. 

3.  That  on  the  twenty-first  day  of  October,  1916,  at  R.,  the  said  A  B. 
died. 

4.  That  on  the  twenty-third  day  of  October,  1916,  the  plaintiff  fur- 
nished the  defendant  with  proof  of  the  death  of  the  said  A.  B.,  and 
otherwise  performed  all  the  conditions  of  the  said  policy  on  her  part. 

5.  That  the  defendant  has  not  paid  the  said  sum,  nor  any  part  thereof. 
Wherefore  [etc.].  [Signature.] 
[Annexed  a  copy  of  policy,  marked  "Exhibit  A."] 


Forms  2174, 2175         Cowdeby's  Form  Book.  784 

No.  2174.    Complaint  on  Insurance  Policy  for  Cargo  Lost  By  Fire. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains  and  alleges: 

1.  [Allege  incorporation.] 

2.  That  plaintiff  was  the  owner  of  [or,  had  an  interest  in]  two  hun- 
dred barrels  of  flour,  shipped  on  board  the  vessel  called  the  A.  D.,  from 
M.  to  N.,  at  the  time  of  the  insurance  and  loss  hereinafter  mentioned. 

3.  That  on  the  fourth  day  of  January,  1917,  at  M.,  the  defendant, 
in  consideration  of  $25,  which  the  plaintiff  then  paid,  executed  to  him 
a  policy  of  insurance  upon  the  said  goods,  a  copy  of  which  is  hereto 
annexed,  marked  "Exhibit  A,"  and  made  part  of  this  complaint  [or, 
whereby  it  promises  to  pay  to  the  plaintiff  $2,000  in  case  of  the  total 
loss,  by  fire  or  other  causes  mentioned,  of  the  said  goods,  before  their 
landing  at  N.,  or  in  a  case  of  partial  damage,  such  loss  as  the  plaintiff 
might  sustain  thereby,  provided  the  same  should  not  exceed  fifty  per 
centum  of  the  whole  value  of  the  goods]. 

4.  That  on  the  twenty-fourth  day  of  March,  1917,  at  C,  while  pro- 
ceeding on  the  voyage  mentioned  in  the  said  policy,  the  said  goods  were 
totally  destroyed  by  fire. 

5.  That  the  plaintiff's  loss  thereby  was  $2,000. 

6.  That  on  the  first  day  of  April,  1917,  he  furnished  the  defendant 
with  proof  of  his  loss  and  interest,  and  otherAvise  performed  all  the  con- 
ditions of  the  said  policy  on  his  part. 

7.  That  the  defendant  has  not  paid  the  said  loss,  nor  any  part  thereof. 
Wherefore  plaintiff  prays  [etc.].  [Signature.] 
[Annex  copy  of  policy,  marked  "Exhibit  A."] 

No.  2175.    Complaint  on  Fire  Insurance  Policy  by  Transferee  of  Prop- 
erty. 

[Title  of  Court  and  Cause.] 
Plaintiff  alleges: 

1.  That  the  defendant  is,  and  at  all  times  herein  mentioned  was,  a 
corporation  duly  organized  under  the  laws  of  the  state  of . 

2.  That  at  all  the  times  herein  mentioned  one  was  the  owner 

of  a  certain  dwelling-house  known  as    No.  200  M.  street,  in  the  city 
of  P. 

3.  That  on  the  twenty-second  day  of  October,  1916,  the  defendant, 

in  consideration  of  the  payment  of  a  premium  of  $20  by  said  , 

made,  executed  and  delivered  to  said  ,   a  policy   of  insurance   in 

writing,  a  copy  of  which  is  hereto  annexed  and  made  a  part  of  this 
complaint. 

4.  That  on  the  fifth  day  of  September,  1917,  the  said  duly  as- 
signed, sold  and  conveyed  to  plaintiff  his  interest  in  the  insured  prop- 
erty, and  in  said  policy  of  insurance,  and  the  defendant  consented 
thereto ;  that  on  the  twenty-ninth  day  of  November,  1917,  said  dwelling- 


785  Interlocutory  Decree — Intervention.      Form  2185 

house  was  totally  destroyed  [or  greatly  damaged  and  in  part  destroyed] 
by  fire. 

5.  That  plaintiff's  loss  thereby  was  $2,000. 

6.  That  on  the  day  of ,  1917,  plaintiff  furnished  defendant 

with  proof  of  said  loss  and  interest,  and  otherwise  performed  all  the 
conditions  of  said  policy  on  his  part;  that  said  defendant  has  not  paid 
said  loss,  or  any  part  thereof. 

INTERLOCUTORY  DECREE. 

Interlocutory  Decree  of  Divorce,  No.  1584. 

INTERROGATORIES. 

Interrogatories  as  to  Special  Issues  Submitted,  No,  3810. 
Garnishment — Interrogatories,  Answer  and  Oath,  No.  614. 

INTERVENTION. 

2185.  Complaint  In  Intervention. 

2186.  Order  allowing  intervention. 

No.  2185.    Complaint  in  Intervention. 
[Title  of  Court  and  Canse.] 

Come  now  A.  B.  and  C.  D.,  and  file  this  their  complaint  in  interven- 
tion in  the  above-entitled  matter,  leave  of  court  being  first  had  and 
obtained,  and  allege: 

I.  That  interveners  are  parties  in  interest  in  the  above-entitled 
action. 

II.  That  heretofore  a  writ  of  attachment  was  issued  in  the  above- 
entitled  action  and  placed  in  the  hands  of  the  sheriff  of  the  county  of 
Sacramento,  state  of  California,  commanding  him  to  attach  and  safely 
keep  all  of  the  property  of  said  defendant,  within  his  county  not  exempt 
from  execution,  or  so  much  thereof  as  might  be  sufficient  to  satisfy  the 
plaintiff's  demand  in  the  sum  of  twenty-five  hundred  dollars  ($2500), 
unless  the  defendant  gave  him  security  by  the  undertaking  of  two  suffi- 
cient sureties,  in  an  amount  sufficient  to  satisfy  said  demand,  besides 
costs,  in  which  case  to  take  such  undertaking. 

III.  That  said  sheriff  being  about  to  levy  upon  the  property  of  de- 
fendant, these  interveners,  at  the  request  of  defendant,  and  in  order  to 
prevent  said  attachment,  made,  executed  and  delivered  to  the  said 
sheriff  an  undertaking,  a  copy  of  which  is  hereunto  annexed,  marked 
Exhibit  "A"  and  made  a  part  hereof. 

IV.  That  said  sheriff  took  said  undertaking  and  said  attachment 
was  thereby  prevented. 

V.  That  there  was  no  consideration  for  the  promissory  note  sued 
upon  herein,  but  that  the  same  was  made,  executed  and  delivered  with- 

Form  Book — 50 


Form  2186  Cowdery 's  Form  Book.  786 

out  any    consideration    wliatsoever,  as    interveners  are  informed  and 
believe  and  therefore  allege. 

VI.  That  your  interveners  are  informed  and  believe  that  the  de- 
fendant is  insolvent,  and  that  it  is  the  intention  of  the  defendant  to 
offer  no  defense  to  said  action,  thereby  permitting  the  judgment  to  go 
against  him  and  rendering  interveners  liable  for  the  amount  of  said 
judgment  upon  the  bond  aforesaid. 

VII.  Interveners  are  further  informed  and  believe,  and  therefore 
allege,  that  said  plaintiff  and  defendant  are  acting  in  collusion  for  the 
purpose  aforesaid,  and  in  fraud  of  the  rights  of  interveners. 

^  Wherefore,  interveners  pray  that  plaintiff  take  nothing  by  this  ac- 
tion, and  that  judgment  be  entered  therein  in  favor  of  defendant. 

,  Attorneys  for  said  Interveners. 

[Verification.] 

[Copy  of  bond  attached.] 

No.  2186.    Order  Allowing  Intervention. 
[Title  of  Court  and  Cause.] 

The  complaint  of  P.  K.  N.  having  been  presented  to  me,  and  leave 
asked  to  file  the  same,  as  his  complaint  of  intervention  herein,  and  it 
appearing  that  good  cause  exists  therefor,  it  is  ordered  that  leave  be 
granted  to  file  the  same,  and  that  said  P.  K.  N.  be  permitted  to  intervene 
in  said  action. 

Dated . 

,  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sec.  387;  Alaska,  Comp.  Laws  1913, 
Bee.  873;  Arizona,  Rev.  Stats.  1913,  pars.  486,  489;  Idaho,  Rev.  Codes  1907, 
sees.  4111,  4114,  4115;  Montana,  Eev.  Codes,  sec.  6496;  Washington.  Rem. 
Codes,  sec.  202.  ' 


INVENTORY  AND  APPRAISEMENT. 

2196.  Inventory — Appraisement. 

2197.  Aifidavit  of  administrator  to   inventory  and  appraisement 

2198.  Affidavit  of  appraisers  to  inventory  and  appraisement, 

2199.  Inventory  and  appraisement — Bill  of  appraisers. 

2200.  Affidavit  of  appraisers  to  their  bill  for  services. 

2201.  Inventory  and  appraisement — Money  only. 

2202.  Order  for  reappraisemont  of  real  estate  after  sale. 

2203.  Inventory  and  appraisement  of  property  discovered  after  first  In- 

ventory. 

2204.  Supplemental  inventory  and  appraisement. 

CROSS-E-EFERENCES. 

Inventory  to  be  Attached  to  or  Written  on  Back  of  Search-warrant,  and 

Affidavit,  No.  3334. 
Inventory  to  be  Made  by  Assignor  for  Benefit  of  Creditors,  No.  545. 


787  Inventory  and  Appraisement.  Form  219G 

No.  2196.    InventoiT — Appraisement. 
[Title  of  Court  and  Estate.] 

The  following  is  a  true  inventory  and  appraisement  of  all  the  estate 
of  T.  J.,  deceased,  which  has  come  into  the  possession  of  the  under- 
sigiied  administratrix : 

Moneys  belonging  to  the  said  deceased,  which  have  come  into  the  h.ands 
of  the  administratrix $50  00 

Real  Estate. 
A  certain  lot,  piece,  or  parcel  of  land,  situate,  lying,  and 
being  in  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, and  bounded  and   particularly  described  as  follows, 
to  wit:  [Description.] 

Personal  Estate. 
Household  Furniture ; 

1  parlor  stove,  appraised  at  the  sum,  etc 20  00 

1  gold  watch  and  chain,  appraised  at  the  sum  of 100  00 

?5  shares  of  the  Zenith  Gold  and  Silver  Mining  Company, 

appraised  at  $100  per  share 2,500  00 

Appraised  value  of  whole  estate $11,520  00 

The  whole  of  the  estate  mentioned  in  the  foregoing  inventory  is  com- 
munity property  as  far  as  can  be  ascertained  from  said  administratrix. 

We,  the  undersigned,  duly  appointed  appraisers  of  the  estate  of  T.  J., 
deceased,  hereby  certify  that  the  property  mentioned  in  the  foregoing 
inventory  has  been  exliibited  to  us,  and  that  we  appraise  the  same  at  the 
sum  of  fourteen  thousand  one  hundred  and  thirty-seven  dollars  ($14,137). 

[Signatures.] 

NOTE. — The  executor  or  administrator  must  make  and  return  to  tlie 
court,  within  three  months  after  his  appointment,  a  true  inventory  and 
appraisement  of  all  the  estate  of  the  decedent,  including  the  homestead,  if 
any  which  has  come  to  his  possession  or  knowledge:  California,  Code  Civ. 
Proc.  sec.  1443.  [It  was  evidently  the  intention  of  the  statute  that  the 
executors,"  having  a  presumed  knowledge  of  his,  decedent's  affairs,  should 
place  values  upon  the  property  he  describes  in  his  inventory,  the  same  as 
in  Colorado,  but  the  practice  is  to  leave  the  values  out  to  be  added  by  the 
appraisers.]  ,     ,  ,  ^     .    •  ^     . 

It  must  be  signed  by  the  appraisers,  and  the  executor  or  administrator 
must  take  and  subscribe  an  oath  before  an  officer  authorized  to  administer 
oaths  that  the  inventory  contains  a  true  statement  of  all  the  estate  of  the 
decedent  which  has  come  to  his  knowledge  and  possession,  and  particularly 
of  all  money  belonging  to  the  decedent,  arid  of  all  just  claims  of  the  dece- 
dent against  the  affiant.  The  oath  must  be  indorsed  upon  or  annexed  to  the 
inventory:  Code  Civ.  Proc,  sec.  1449. 

To  make  the  appraisement,  the  court,  or  a  judge  thereof,  must  appoint 
three  disinterested  persons  (any  two  of  whom  may  act),  who  are  entitled 
to  receive  a  reasonable  compensation  for  their  services,  not  to  exceed  five 
dollars  per  day,  to  be  allowed  by  the  court  or  judge.  The  appraisers  must, 
with  the  inventory,  file  a  verified  account  of  their  services  and  disburse- 
ments:  Code  Civ.  Proc,  sec.  1444. 


Forms  2197, 2198        Cowdeby's  Form  Book,  788 

Before  proceeding  the  appraisers  must  subscribe  an  oatli,  to  be  attached 
to  the  inventory,  that  they  will  truly,  honestly,  and  impartially  appraise 
the  property  exhibited  to  them  according  to  the  best  of  their  knowledge  and 
ability.  They  must  then  proceed  to  estimate  and  appraise  the  property; 
each  article  must  be  set  down  separately,  with  the  value  thereof  in  dollars 
and  cents,  in  figures,  opposite  to  the  articles  respectively;  the  inventory 
must  contain  all  of  the  estate  of  decedent,  real  and  personal,  a  statement 
of  all  debts,  partnerships,  and  other  interests,  bonds,  mortgages,  notes,  and 
other  securities  for  the  payment  of  money  belonging  to  the  decedent,  speci- 
fying the  name  of  the  debtor  in  each  security,  the  date,  the  sum  originally 
payable,  the  indorsements  thereon  (if  any),  with  their  dates,  and  the  sum 
which,  in  the  judgment  of  the  appraisers,  may  be  collected  on  each  debt, 
interest,  or  security  [the  inventory  must  show,  so  far  as  the  same  can  be 
ascertained  by  the  executor  or  the  administrator,  what  portion  of  the  prop- 
erty is  community  property,  and  what  portion  is  the  separate  property  of 
the  decedent]:  Code  Civ.  Proc,  sec.  1445. 

See  Alaska,  Comp.  Laws  1913.  sees.  1633-1640;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sees,  850-856;  California,  Code  Civ.  Proc,  sees.  1443-1445; 
Colorado,  Mill's  Ann.  Stats.  1912,  see.  7955;  Hawaii,  Rev.  Code  1915,  sec. 
2492;  Idaho,  Eev.  Codes  1907,  sees.  5422,  5423,  5428;  Kansas,  Gen.  Stats. 
1915,  sec.  452S  et  seq.;  Montana,  Rev.  Codes  1907,  sees.  7493.  7494,  7499; 
Nebraska,  Rev.  Code  1913,  see.  1361;  Nevada,  Rev.  Laws  1912,  sec.  5942 
et  seq.;  New  Mexico,  Stats.  Ann.  1915,  sec.  2248;  North  Dakota,  Comp. 
Laws  1913,  see.  8714  et  seq.;  Oklahoma,  Harris  &  Day's  Code  1910,  sec. 
6313  et  seq.;  Oregon,  Lord's  Orgeon  Laws,  sec.  1177  et  seq.;  South  Dakota, 
Comp.  Laws  1913,  sec.  5763  et  seq.;  Utah,  Comp.  Laws  1907,  sec.  3841  et  seq.; 
Washington,  Eem,  Code,  sees.  1445,  1450;  Wyoming,  Comp.  Stats.  1910, 
sec.  5548  et  seq. 

No.  2197.    Affidavit  of  Administrator  to  Inventory  and  Appraisement. 

[Title  of  Court  and  Estate.] 
State  of  California, 
County  of  Butte, — ss. 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  being  duly 
sworn,  says  that  the  annexed  inventory  contains  a  true  statement  of 
all  the  estate  of  the  said  deceased  which  has  come  to  the  knowledge 
and  possession  of  said  administratrix,  and  particularly  of  all  moneys 
belonging  to  the  said  deceased,  and  of  all  just  claims  of  the  said  deceased 
against  the  said  administratrix. 

Subscribed  and  sworn  to  [etc.], 

[Signature.] 
[Attached  to  inventory.] 

No.  2198.    Affidavit  of  Appraisers  to  Inventory  and  Appraisement. 
[Title  of  Court  and  Estate.] 
State  of  California, 
County  of  Butte, — ss. 

F.  H.,  E,  B.  and  W.  L.  C,  duly  appointed  appraisers  of  the  estate  of 
T.  J,,  deceased,  being  duly  sworn,  each  for  himself,  says,  that  he  will 
truly,  honestly,  and  impartially  appraise  the  property  of  said  estate 


789  Inventory  AND  Appraisement.     Forms  2199-2201 

which  shall  be  exhibited  to  him,  according  to  the  best  of  his  knowledge 
and  ability. 

Subscribed  and  sworn  to  [etc.]. 

[Signature.] 

[Attached  to  inventory.] 

No.  2199.    Inventory  and  Appraisement— Bill  of  Appraisers. 

[Title  of  Court  and  Estate.] 

To  F.  H.,  E.  B.  and  W.  L.  C,  appraisers,  Dr. 

To  compensation  for  services  in  appraising  said  estate,  items  as  fol- 

lows  * 

Two  days'  services,  at  $5.00  day  each $30  00 

Necessary  disbursements,  as  follows : 
Fare  to  lot  No.  690  and  return ^^ 

$30  50 
NOTE.— California,  Coae  Civ.  Proc,  sec.  1444. 

No.  2200.    Affidavit  of  Appraisei-s  to  Their  Bill  for  Services. 
State  of  California, 
County  of  Butte, — ss. 

F.  H.,  E.  B.  and  W.  L.  C,  the  appraisers  above  named,  being  duly 
sworn,  each  for  himself,  says,  that  the  foregoing  bill  of  items  is  correct 
and  just,  and  that  the  services  have  been  duly  rendered  as  therein  set 
forth. 

Subscribed  and  sworn  to  [etc.]. 

[Signatures.] 

[Attached  to  inventory.] 

No.  2201.    Inventory  and  Appraisement— Money  Only. 
[Title  of  Court  and  Estate.] 

The  following  is  a  true  inventory  of  all  the  estate  of  H.  B.,  deceased, 
which  has  come  into  the  possession  of  the  undersigned  executor,  viz. : 
One  thousand  dollars  in  gold  coin  of  the  United  States,  one  hundred  and 
seven  dollars  in  silver  coin  of  the  United  States,  ten  dollars  in  United 
States  legal  tender  notes. 

Total  value  of  $1,117.00. 

[Signature.] 

NOTE The   inventory   must    also   contain    an   account   of   all   moneys   be- 

loneine  to  the  decedent  which  have  come  to  the  hands  of  the  executor  or 
administrator,  and  if  none,  the  fact  must  be  so  stated  in  the  inventory, 
rif  the  whole  estate  consists  of  money  there  need  not  be  an  appraisement, 
but  an  inventory  must  be  made  and  returned  as  in  other  cases] :  California. 
Code  Civ.  Proc,  sec.  1446;  Montana,  Rev.  Codes,  sec.  7496. 


Forms  2202-2204         Cowdery's  Form  Book.  790 

No.  2202.    Order  for  Reappraisement  of  Real  Estate  After  Sale. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  the  appraisement  of  that  parcel  of  land 
described  in  the  inventory  and  appraisement  described  as  follows  [de- 
scription], was  too  high:  It  is  therefore  ordered  that  A.  B.,  C.  D.  and 
E.  F.  are  appointed  to  reappraise  said  land  and  file  their  appraisement 
thereof  within  three  days  from  the  date  of  the  order. 

Dated . 

,  Judge. 

NOTE. — If  the  court  is  satisfied  that  an  appraisement  is  too  high  or 
too  low  it  may  order  real  estate  reappraised.  Frequently  at  a  sale  under 
a  court's  order  real  estate  will  not  sell  for  ninety  per  cent  of  the  appraised 
value.  If  so,  the  court  may  cause  it  to  be  reappraised,  and  after  the 
appraisement  confirm  the  sale  reported  before  reappraisement.  It  may  also 
be  appraised  before  a  sale  is  made:  California,  Code  Civ.  Proc,  sec.  1550. 

No.  2203.    Inventory  and  Appraisement  of  Property  Discovered  After 

First  Inventory. 
[Title  of  Court  and  Estate.] 

The  following  is  a  true  inventory  and  appraisement  of  all  the  prop- 
erty of  H.  B.,  deceased,  which  has  been  discovered  by  the  undersigned 
executor  and  which  has  come  into  the  possession  and  knowledge  o£  the 
undersigned  since  the  date  of  the  filing  of  the  inventory  and  appraise- 
ment now  on  file  in  the  said  estate,  viz.:  [Description  of  the  property 
if  land  or  personal  property  other  than  money,  and  stating  the  amount 
of  money  precisely  as  in  the  first  inventory. 

[Signature.] 

NOTE. — Whenever  property  not  mentioned  in  an  inventory  filed  comes 
to  the  possession  or  knowledge  of  an  executor  or  administrator,  he  must 
cause  the  same  to  be  appraised  in  the  manner  prescribed,  and  an  inventory 
returned  within  two  months  after  the  discovery;  and  the  making  of  such 
inventory  may  be  enforced,  after  notice,  by  attachment  or  removal  from 
ofiSce:   California,  Code  Civ.  Proc,  sec.  1451. 

No.  2204.    Supplemental  Inventory  and  Appraisement. 
[Title  of  Court  and  Estate.] 

The  undersigned  appointed  to  make  a  special  appraisement  of  the 
interest  of  said  estate  in  the  partnership  formerly  existing  between  the 
said  deceased  and  J.  J.,  in  the  wholesale  grocery  store.  No.  12763  Market 
Street,  San  Francisco  [and  so  as  to  any  other  pi'operty],  report  that 
we  have  performed  that  duty,  and  we  value  said  interest  at  nine  thou- 
sand two  hundred  dollars.  We  also  recommend  that  said  interest  be 
sold  as  soon  as  practicable. 

[Signatures.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1451. 


791  Judgments  and  Decrees. 


JUDGMENTS  AND  DECREES. 

2219.  Judgment  by  court. 

2220.  Judgment  by  default  by  clerk. 

2221.  Judgment  by  default  by  court. 

2222.  Judgment  on  verdict. 

2223.  Clerk's  certificate  to  copy  of  judgment. 

2224.  Clerk's  certificate  to  copy  of  judgment,  and  as  to  papers  constituting 

j  ad.£;!ncnt-roll. 

2225.  Judgment  of  imriisonment. 

2223.  Judgment  of  fine  and  imprisonment. 

2227.  Certificate  that  copy  of  judgment  is  correct. 

2228.  Judgment  of  imprisonment  after  trial  by  court — Justice's  court. 

2229.  Certificate  to  ccpy  of  judgment  of  imprisciiraent — Jr.ottcG's  court. 

2230.  Judgment  of  conviction   (of  imprisonment,  and  that  defendant  pay 

costs),  after  trial  by  court — Justice's  court — Oregon. 

2231.  Judgment  of  fine  after  trial  by  court — Justice's  court. 

2232.  Judgment  of  imprisonment  and  fine  after  trial  by  court — Justice's 

court. 

2233.  Certificate  of  conviction — Justice's  court — Washington. 

2234.  Judgment  for  plaintiff — Money  dem.and — Justice's  court. 

2235.  Judgment  for  possession  of  personal  property — Justice'?;  court, 

2236.  Judgment  for  value  of  personal  property — Justice's  court. 

2237.  Judgment  for  return  of  personal  property — Justice's  court. 

2238.  Judgment  for  damages  in  lieu  of  return — Justice's  court. 

2239.  Judgment  for  defendant — Justice's  court. 

2240.  Judgment  for  defendant  on  counterclaim — Justice's  court. 

2241.  Judgment  against  defendant  (fiduciary  capacity) — Justice's  court. 

2242.  Judgment  on  verdict — Justice's  court — Criminal  court. 

2243.  Judgment  of  dismissal  with  record  of  com^promips. 

2244.  Judgment  of  nonsuit  upon  opening  statement  of  counsel. 

2245.  Judgment. 

2246.  Decree  directing  conveyance  of  trust  property. 

2247.  Judgment  in   action  to  annul   contract   of  municipality  for  water- 

works. 

2248.  Judgment  for  want  of  answer — Justice's  court — Oregon, 

2249.  Judgment  after  trial — Justice's  court — Oregon. 

2250.  Judgment  where  defendant  is  subject  to  arrest — Justice's  Coiirt. 

2251.  Complaint  on  foreign  judgment. 

2252.  Answer  denying  assignment  of  judgment. 

2253.  Answer  alleging  fraud  in  obtaining  judgment. 

2255.  Complaint  on  foreign  judgment. 

2256.  Abstract  of  judgment  and  certificate — Justice's  court. 

2257.  Complaint  on  judgment. 

2258.  Notice  of  entry  of  judgment. 

2259.  Notice  of  motion  to  vacate  judgment  and  enter  a  different  Judgment. 

2260.  Order  vacating  judgment. 

CROSS-REFERENCES. 

See   Decree;    Order. 
Judgment,  Confession  of,  No.  1093. 

Judgment,  Conviction  for  Contempt  in  Presence  of  the  Court,  No.  1127. 
Judgment,  Conviction  of  Contempt  in  View  of  Judge,  No.  1126. 
Judgment,  Damages  in  Lieu  of  Return  of  Property,  No.  899. 
Judgment,  Default,  by  Court,  No.  1505. 
Judgment,  Entry  of  Confession  of,  No.  1094. 
Judgment  by  Justice  of  the  Peace  When  Defendant  is  Subject  to  Arrest, 

No.   448. 
Judgment,  for  Possession  of  Personal  Property  and  Damages,  No.  896. 
Judgment  of  Restoration  to  Competency,  No.  3301. 


Forms  2219, 2220         Cowdery's  Form  Book.  792 

Judgment  for  Return  of  Property  to  Defendant,  No.  8'95. 
Judgment  for  Value  of  Personal  Property,  No.  897. 
Judgment — Satisfaction  of,  No.  3258. 

No.  2219.    Judgment  by  Court. 
[Title  of  Court  and  Cause.] 

This  cause  came  on  regularly  for  trial  on  the  nineteenth  day  of  Octo- 
ber, 1917,  J.  B.  Esq.,  appearing  as  counsel  for  plaintiff,  and  C.  T.,  Esq., 
for  the  defendant.  A  trial  by  jury  having  been  waived  by  the  parties, 
the  cause  was  tried  before  the  court  without  a  jury,  whereupon  wit- 
nesses on  the  part  of  plaintiff  and  defendant  were  duly  sworn  and 
examined,  and  documentary  evidence  introduced  by  respective  parties, 
and  the  evidence  being  closed,  the  cause  was  submitted  to  the  court  for 
consideration  and  decision;  and,  after  deliberation  thereon,  the  court 
tiles  its  finding  and  decision  in  writing,  and  orders  that  judgment  be 
entered  herein  in  favor  of  plaintiff  in  accordance  therewith. 

Wherefore,  by  reason  of  the  law  and  the  finding  aforesaid,  it  is  or- 
dered, adjudged  and  decreed,  that  J.  D.,  the  plaintiff,  do  have  and 
recover,  of  and  from  R.  R.,  the  defendant,  the  sum  of  $800,  with  interest 
thereon  at  the  rate  of  seven  per  cent  per  annum  from  the  date  hereof 
until  paid,  together  with  said  plaintiff's  costs  and  disbursements  incurred 
in  this  action,  amounting  to  the  sum  of  thirty-five  dollars. 

Judgment  recorded  October  24,  1917,  in  book  "B,"  page  67. 

NOTE'. — California,  Code  Civ.  Proc,  sees.  664,  668. 

No.  2220.    Judgment  by  Default  by  Clerk. 
[Title  of  Court  and  Cause.] 

In  this  action,  the  defendant,  R.  R.,  having  been  regularly  served  with 
process,  and  having  failed  to  appear  and  answer  the  plaintiff's  complaint 
filed  herein,  the  legal  time  for  answering  having  expired,  and  no  answer 
or  demurrer  having  been  filed,  the  default  of  the  said  defendant,  R.  R., 
in  the  premises  having  been  duly  entered  according  to  law;  upon  ap- 
plication of  said  plaintiff  to  the  clerk,  and  in  pursuance  of  the  prayer 
of  said  complaint,  it  is  ordered  and  adjudged  that  the  said  plaintiff  do 
have  and  recover  from  the  said  defendant  judgment  for  the  sum  of 
$560,  gold  coin  of  the  United  States,  with  interest  thereon  at  the  rate 
of  seven  per  cent  per  annum  from  the  date  hereof,  till  paid,  together 
with  said  plaintiff's  costs  and  disbursements  incurred  in  this  action, 
amounting  to  the  sum  of  $46. 

Judgment  rendered  April  26,  1917, 

Clerk's  Office  of  the  Superior  Court 
Of  the  State  of  California,  County  of  Santa  Barbara, — ss. 

I,  the  undersigned,  clerk  of  said  court,  do  hereby  certify  the  fore- 
going to  be  a  full,  true,  and  correct  copy  of  the  judgment  entered  in 
the  above-entitled  action,  and  of  the  whole  thereof. 

Attest  my  hand  and  the  seal  of  said  court,  this  twenty-sixth  day  of 
April,  1917. 

[Seal]  ,  Clerk. 


793  Judgments  and  Decrees.  Form  2221 

NOTE. — Judgment  may  be  had,  if  the  defendant  fail  to  answer  the  com- 
plaint: 1.  In  an  action  arising  upon  contract  for  the  recovery  of  money, 
if  no  answer  has  been  filed  in  time,  the  clerk,  upon  application  of  the  plain- 
tiff, must  enter  the  default  of  the  defendant,  and  immediately  enter  judg- 
ment for  the  amount  specified  in  the  summons,  and  costs.  2.  In  other 
actions,  if  no  answer  has  been  filed  within  the  time  the  clerk  must  enter 
the  default;  and  thereafter  the  plaintiff  may  apply  at  any  time  to  the  court 
for  the  relief  demanded.  If  the  taking  of  an  account,  or  the  proof  of  any 
fact,  is  necessary,  the  court  may  take  the  account  or  hear  the  proof;  or 
may  order  a  reference  for  that  purpose.  And  where  the  action  is  for  the 
recovery  of  damages,  the  court  may  order  the  damages  to  be  assessed  by 
a  jury;  or,  if  to  determine  the  amount  of  damages,  the  examination  of  a 
long  account  be  involved,  by  a  reference  as  above  provided.  3.  In  actions 
where  the  service  of  the  summons  was  by  publication,  the  plaintiff  may, 
upon  proof  of  the  publication,  and  that  no  answer  has  been  filed,  apply  for 
judgment;  and  the  court  must  thereupon  require  proof  to  be  made  of  the 
demand;  and  if  the  defendant  be  not  a  resident  of  the  state  must  require 
the  plaintiff,  or  his  agent,  to  be  examined  on  oath,  respecting  any  payments 
that  have  been  made  to  the  plaintiff,  or  to  anyone  for  his  use,  on  account 
of  such  demand,  and  may  render  judgment:  California,  Code  Civ.  Proc., 
sec.  585. 

See  Alaska,  Comp.  Laws  1913,  sees.  10&3-1091;  Arizona,  Eev.  Stats.  (Civ. 
Code  1913),  sees.  558-564;  California,  Code  Civ.  Proc,  sec.  580;  Colorado, 
Mill's  Ann.  Code,  sec.  168;  Hawaii,  Eev.  Code  1915,  sec.  2361  et  seq.; 
Idaho,  Rev.  Codes  1907,  sec.  4360;  Montana,  Rev.  Codes  1907,  sees.  6537, 
6719;  Nebraska,  Rev.  Code  1913,  sees.  8O01,  8046,  8048;  Nevada,  Rev.  Laws 
1912,  sec.  504.3;  New  Mexico,  Stats.  Ann.  1915,  see.  418S;  North  Dakota, 
Comp.  Laws  1913,  sees.  7445,  7600;  Oklahoma,  Harris  &  Day's  Code  1910, 
sec.  4705;  Oregon,  Lord's  Oregon  Laws,  sec.  185;  South  Dakota,  Comp. 
Laws  1913,  soc.  5025;  Utah,  Comp.  Laws  1907,  sec.  3179;  Washington, 
Rem.  Code,   sec.  411;   Wyoming,   Comp.   Stats.    1910,  see.  4616. 

No.  2221.    Judgment  by  Default  by  Court. 

[Title  of  Court  and  Cause.] 

In  this  action  the  defendant,  R.  R.,  having  been  served  with  process, 
and  having  failed  to  appear  and  answer  the  plaintiff's  complaint  filed 
herein,  and  the  time  for  answering  having  expired,  and  no  answer  or 
demurrer  having  been  filed,  the  default  of  said  defendant,  R.  R.,  in  the 
premises,  having  been  duly  entered  according  to  law; 

Now,  at  this  day,  on  application  of  J.  M.  W.,  attorney  for  said  plain- 
tiff, it  is  hereby  ordered  that  judgment  be  entered  herein  against  the 
said  defendant,  R.  R.  as  well  as  against  defendant  J.  S.,  not  served 
with  process,  in  accordance  with  the  prayer  of  said  plaintiff's  complaint 
on  file  herein. 

Wherefore,  by  reason  of  the  law  and  the  premises  aforesaid,  it  is 
ordered,  adjudged,  and  decreed  that  J.  D.,  plaintiff,  do  have  and  recover 
of  and  from  the  said  defendant,  R.  R.,  the  sum  of  $560,  United  States 
gold  coin,  with  interest  thereon  at  the  rate  of  seven  per  cent  per  annum 
from  the  date  hereof  until  paid ;  together  with  said  plaintiff's  costs  and 
disbursements  incurred  in  said  action,  amounting  to  the  sum  of  $48.75. 

And  it  is  further  ordered,  adjudged  and  decreed,  that  said  plaintiff 
do  have  execution  against  the  separate  property  of  the  defendant,  R.  R.» 
as  well  as  against  the  joint  property  of  all  the  said  defendants. 

Judgment  rendered  June  18,  1917. 


Forms  2222-2224         Cowdeby's  Form  Book,  794 

NOTE. — This  form  of  judgment  is  against  persons  associated  in  any 
business  under  a  common  name:  California,  Code  Civ.  Proc,,  sec.  585. 

No.  2222.    Judgment  on  Verdict. 
[Title  of  Court  and  Cause.] 

This  action  came  on  regularly  for  trial.  The  said  parties  appeared 
by  their  attorneys,  F.  G.  F.,  Esq.,  counsel  for  plaintiff,  and  S.  S.  &  H., 
for  defendant.  A  jury  of  twelve  persons  was  regularly  impaneled  and 
sworn  to  try  said  action.  Witnesses  on  the  part  of  the  plaintiff  and 
defendant  were  sworn  and  examined.  After  hearing  the  evidence,  the 
arguments  of  counsel,  and  instructions  of  the  court,  the  jury  retired 
to  consider  of  their  verdict,  and  subsequently  returned  into  court,  with 
the  verdict  signed  by  the  foreman,  and,  being  called,  answered  to  their 
names,  and  say:  "We,  the  jury  in  this  cause,  find  a  verdict  for  the 
plaintiff,  for  $590." 

Wherefore,  by  virtue  of  the  law,  and  by  reason  of  the  premises 
aforesaid,  it  is  ordered  and  adjudged  and  decreed,  that  said  plaintiff 
have  and  recover  from  said  defendant  the  sum  of  $590,  Avith  interest 
thereon  at  seven  per  cent  per  annum  from  the  date  hereof  until  paid, 
together  with  said  plaintiff's  costs  and  disbursements  incurred  in  this 
action,  amounting  to  the  sum  of  $50. 

Judgment  recorded  the  eighteenth  day  of  August,  1917,  book  "B," 
page  50. 

NOTE'.— California,  Code  Cir.  Proc,  sec.  664. 

No.  2223.    Clerk's  Certificate  to  Copy  of  Judgment. 

Clerk's  Office  of  the  Court  of  the  State  of  ,  in  and  for  the 

County  of  ,  ss. 

I,  the  undersigned,  clerk  of  said  court,  do  hereby  certify  that  the 
foregoing  is  a  full,  true,  and  correct  copy  of  the  judgment  entered  in 
the  above-entitled  action,  and  of  the  whole  thereof;  and  that  such 
judgment  is  recorded  in  judgment-book ,  of  said  court,  at  page . 

Attest  my  hand  and  the  seal  of  said  court  this  day  of  , 

19—.  ,  Clerk,' 

[Seal]  By  ,  Deputy  Clerk. 

No.  2224.    Clerk's  Certificate  to  Copy  of  Judgment,  and  as  to  Papers 

Constituting  Judgment-roll. 
[Title  of  Court  and  Cause.] 

I,  the  undersigned,  county  clerk  of  the  county  of ,  state  of , 

and  ex-ofticio  clerk  of  the  court  of  said  county,  do  hereby  certify 

the  foregoing  to  be  a  full,  true,  and  correct  copy  of  the  judgment  entered 
in  the  above-entitled  action,  and  recorded  in  judgment-book  — — ,  of 

said  court,  at  page  ;  and  T    further    certify  that  the    foregoing 

papers,  hereto  annexed,  constitute  the  judgment-roll  in  said  action. 


795  Judgments  and  Decrees.       Forms  2225,  2226 

Witness  my  hand  and  the  seal  of  the court,  this day  of , 

19—.  ,  Clerk, 

[Seal]  By ,  Deputy  Clerk. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  661,  953. 

No.  2225.     Judgment  of  Imprisonment. 

[Title  of  Court  and  Cause.] 

A  complaint  under  oath  having  been  filed  in  this  court,  on  the  

day  of  ,  19^,  charging  said  defendant, ,  of  a  certain  public 

offense,  to  wit, ,  a  misdemeanor,  committed  on  the day  of , 

19 — ,  and  a  warrant  of  arrest  having  been  duly  issued  on  said day  of 

,  19 — ,  for  the  arrest  of  said  defendant,  and  said  defendant  having 

been   duly  arrested,   and  thereafter,   on   tlie  day   of  ,   39 — , 

tried  before  this  court  without  a  jury,  a  jury  trial  having  been  waived, 
as  provided  by  law  in  such  cases,  and  by  the  court  found  guilty  as 
charged  in  the  complaint;  and  all  and  singular  the  law  and  the  prem- 
ises being  by  the  court  here  understood  and  fully  considered,  and  no 
sufficient  cause  appearing  to  the  court  why  judgment  should  not  be 
pronounced  against  the  said : 

Wlierefore  it  is  by  the   court   here   ordered   and   adjudged  that  for 

said  offense  you,  the  said ,  be  imprisoned  in  the  county  jail  of  said 

county  of for  the  term  of months  and  days. 

Done  in  open  court  this  day  of  ^  19 — . 

[Certificate.] ,  Judge. 

NOTE.— Cal.  Kev.  Code,  sec.  672.     . 

No.  2226.    Judgment  of  Fine  and  Imprisonment. 
[Title  of  Court  and  Cause.] 

A  complaint  under  oath  having  been  filed  in  this  court,  on  the  

day  of  ,  19 — ,  charging  said  defendant,  ,  of  a  certain  j)ublic 

offense,  to  wit, ,  a  misdemeanor,  committed  on  the day  of , 

and  a  warrant  of  arrest  having  been  duly  issued  on  said  day  of 

,  19 — ,  for  the  arrest  of  said  defendant,  and  said  defendant  hav- 
ing been  duly  arrested,  and  thereafter,  on  the  day  of ,  19 — , 

tried  before  this  court  without  a  jury,  a  jury  trial  having  been  waived, 
as  provided  by  law  in  such  cases,  and  by  the  court  found  guilty  as 
charged  in  the  complaint;  and  all  and  singular  the  law  and  the  prem- 
ises being  by  the  court  here  understood  and  fully  considered,  and  no 
sufficient  cause  appearing  to  the  court  why  judgment  should  not  be 
pronoi;nced  against  the  said  : 

Wherefore  it  is  by  the  court  here  ordered  and  adjudged  that  for  said 

offense  you,  the  said  ,  do  pay  a  fine  in  the    sum  of  dollars 

($ ),  and  be  imprisoned  in  the  county  jail  of  said county  until 

the  said  fine  is  satisfied,  in  the  proportion  of  one  day's  imprisonment 


Forms  2227-2229         Cowdery's  Form  Book.  796 

for  every  two  dollars  of  said  fine,  the  extent  of  said  imprisonment  not 
to  exceed months. 

Done  in  open  court  this  day  of ,  19 — . 

[Certificate.]  ,  Judge. 

NOTE. — See  Cal.  Pen.  Code,  sec.  1205;  and  compare  Pen.  Code,  sec.  1446. 

No.  2227.    Certificate  that  Copy  of  Judgment  is  Correct. 

[Title  of  Court  and  Cause.] 

Office  of  Justice  of  the  Peace, Township, 

County  of  ,  ss. 

I,  ,  justice  of  the  peace  of  township,  county  of  ,  do 

hereby  certify  the  foregoing  to  be  a  full,  true,  and  correct  copy  of  the 
judgment  duly  made  and  entered  on  the  minutes  of  the  said  justice's 

court  in  the  above-entitled  action,  on  the day  of ,  19 — . 

,  Justice  of  the  Peace  in  and  for  said  County. 

No.  2228.    Judgment  of  Imprisonment  After  Trial  by  Court — Justice's 

Court. 
[Title  of  Court  and  Cause.] 

A  complaint  under  oath  having  been  filed  in  this  court  on  the  

day  of  ,  19 — ,  charging  said  defendant,  ,  of  a  certain  public 

offense,  to  wit, ,  a  misdemeanor,  committed  on  the day  of , 

19 — ,  and  a  warrant  of  arrest  having  been  duly  issued  on  said day 

of ,  19 — ,  for  the  arrest  of  said  defendant,  and  said  defendant, , 

having  been  duly  arrested,  and  thereafter,  on  the day  of ,  19 — , 

tried  before  this  court  without  a  jury,  a  jury  trial  having  been  waived,  as 
provided  by  law  in  such  cases,  and  by  the  court  found  guilty  as  charged 
in  the  complaint;  and  all  and  singular  the  law  and  the  premises  being 
by  the  court  here  understood  and  fully  considered,  and  no  sufficient 
cause  appearing  to  the  court  why  judgment  should  not  be  pronounced 
against  said  : 

Wherefore  it  is  by  the  court  here  ordered  and  adjudged  that  for 

said  offense  you,  the  said ,  be  imprisoned  in  the  county  jail  of  said 

county  of for  the  term  of  five  months  and  fifteen  days. 

Done  in  open  court  this day  of ,  19 — . 

[OflScial  signature.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  1445. 

No.  2229.    Certificate  to  Copy  of  Judgment  of  Imprisonment — Justice's 
Court. 

OfiBce  of  Justice  of  the  Peace  of Township, 

County  of ,  ss. 

I, ,  justice  of  the  peace  of  the  county  of ,  do  hereby  certify 

the  foregoing  to  be  a  full,  true,  and  correct  copy  of  the  judgment  duly 


797  Judgments  and  Decrees.       Forms  2230,  2231 

made  and  entered  in  the  minutes  of  the  said    justice's  court,  in  the 

above-entitled  action,  on  the day  of ,  19 — . 

Attest  my  hand  at  the  township  of ,  in  the  county  of ,  this 

day  of  ,  19—. 

[Official  signature.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  1455. 

A  delivery  of  a  certified  copy  of  a  judgment  of  imprisonment,  after  such 
judgment  is  entered,  to  the  sheriff,  marshal,  or  other  oflacer,  is  a  sufficient 
warrant  for  its  execution. 

No.  2230.  Judgment  of  Conviction  (of  Imprisonment,  and  That  De- 
fendant Pay  Costs),  After  Trial  by  Court  —  Justice's 
Court — Oregon. 

[Title  of  Court  and  Cause.] 

[Day  of  the  month  and  year.] 
The  above-named  having  been  brought  before  me,  ,  a  jus- 
tice of  the  peace  for  the  precinct,  in  the  county  and  state  afore- 
said, in  a  criminal  action,  for  the  crime  of ,  and  the  said having 

thereupon  pleaded  "Not  guilty,"  and  been  duly  tried  by  me,  and  upon 
such  trial  duly  convicted,  I  have  adjudged  that  he  be  imprisoned  in  the 

jail  of  this  county days,  and  that  he  pay  the  costs  of  the  action, 

taxed  at  dollars  ($-— )    [or,  that  he  pay  a  fine  of  dollars 

($ )  and  such  costs,  and  be  imprisoned  in  such  jail  until  such  fine 

and  costs  be  paid,  not  exceeding days,  as  the  case  may  be.     If  the 

defendant  has  pleaded  guilty,  instead  of  the  sentence  commencing  "and 

the  said  ,"  and  ending  "upon  such  trial  duly  convicted,"  the  entry 

must  state  substantially  as  follows:  "and  the  said  having  been 

thereof  duly  convicted  upon  a  plea  of  guilty"]. 

,  Justice  of  the  Peace  as  aforesaid, 

NOTE.— Alaska,  Comp.  Laws  1913,  sec.  1262;  Lord's  Oregon  Laws,  sec. 
2494. 

In  Alaska,  the  title  of  the  court  is,  "Justice's  Court  for  the  Precinct  of 

,  District  of  Alaska,  Division  No. ";  the  title  of  the  cause  is,  "The 

United  States  of  America  v.  ";  and  the  title  of  the  officer  is,  "Commis- 
sioner and  ex-officio  Justice  of  the  Peace."  When  a  judgment  of  conviction 
is  given,  either  upon  a  plea  of  guilty  or  upon  a  trial,  the  justice  must 
enter  the  same  in  the  docket,  substantially  as  above.  "A  judgment  of  con- 
viction may  be  said  to  consist  of  two  parts,  to  wit:  1.  The  facts  judicially 
ascertained,  together  with  the  manner  of  ascertaining  them,  entered  of 
record;  2.  The  recorded  declaration  of  the  court  pronouncing  the  legal  con- 
sequences of  the  facts  thus  judicially  ascertained.  Both  of  these  parts 
are  equally  necessary  in  the  entry  of  a  judgment  of  conviction." 

No.  2231.    Judgment  of  Fine  After  Trial  by  Court— Justice's  Court. 

[Title  of  Court  and  Cause.] 

A  complaint  under  oath  having  been  filed  in  this  court  on  the  

day  of  ,  19 — ,  charging  said  defendant,  ,  of  a  certain  public 

affense,  to  wit, ,  a  misdemeanor,  committed  on  the day  of , 


Form  2232  Cowdery's  Form  Book.  798 

19 — ,  and  a  warrant  of  arrest  having  been  duly  issued  on  said  day 

of  ,  19 — ,  for  the  arrest  of  said   defendant,  and  said  defendant, 

,  having  been  duly  arrested,  and  thereafter,  on  the day  of , 

19 — ,  tried  before  this  court  without  a  jury,  a  jury  having  been  waived, 
as  provided  by  law  in  sucli  cases,  and  by  the  court  found  guilty  as 
charged  in  the  complaint ;  and  all  and  singular  the  law  and  the  premises 
being  by  the  court  here  understood  and  fully  considered,  and  no  suffi- 
cient cause  appearing  to  the  court  why  judgment  should  not  be  pro- 
nounced against  said  : 

Wherefore  it  is  by  the  court  here  adjudged  that  for  said  offense 

you,  the  said do  pay  a  fine  in  the  sum  of dollars  ($ ),  and 

be  imprisoned  in  the  county  jail  of  said county  until  the  said  fine 

be  paid,  not  exceeding days. 

Done  in  open  court  this day  of ,  19 — . 

[Official  signature] 

NOTE.— See  Cal.  Pen.  Code,  sees,  1445,  1446. 

There  can  be  no  imprisonment  in  satisfaction  of  a  fine  for  a  term  longer 
than  the  maximum  term  of  imprisonment  prescribed  as  a  penalty,  or  part 
of  the  penalty,  of  the  offense:  See  Ex  parte  Erdmann,  88  Cal.  579,  580,  26 
Pac.  372.  And  the  direction  of  the  statute  that  imprisonment,  in  case  of 
the  nonpayment  of  a  fine,  may  be  at  the  rate  or  in  the  proportion  of  one  day 
for  one  dollar,  or  as  otherwise  prescribed,  is  merely  permissive,  and  simply 
prescribes  a  maximum  rate  of  imprisonment,  leaving  the  magistrate  full  dis- 
cretion to  fix  any  rate  within  that  maximum  that  seems  to  be  just.  He  may 
allow  a  fine  to  be  discharged  at  the  rate  of  ten  dollars  a  day,  or  a  hundred 
dollars  a  day,  if  he  sees  fit.  In  fact  the  discretion  of  the  magistrate  is 
absolute  whether  or  not  to  impose  any  imprisonment  whatever:  See  Ex 
parte  Soto,  88  Cal.  624,  627,  26  Pac.  530. 

No.  2232.    Judgment  of  Imprisonment  and  Fine  After  Trial  by  Court — 

Justice's  Court. 
[Title  of  Court  and  Cause.] 

A  complaint  under  oath  having  been  filed  in  this  court  on  the  

day  of  ,  19 — ,  charging  said  defendant,  ,  of  a  certain  public 

offense,  to  wit, ,  a  misdemeanor,  committed  on  the day  of , 

19 — ,  and  a  warrant  of  arrest  having  been  duly  issued  on  said day 

of ,  19 — ,  for  the  arrest  of  said  defendant,  and  said  defendant, , 

having  been  duly  arrested,  and  thereafter,  on  the  day  of  , 

19 — ,  tried  before  this  court  without  a  jury,  a  jury  having  been  waived, 
as  provided  by  law  in  such  cases,  and  by  the  court  found  guilty  as 
charged  in  the  complaint;  and  all  and  singular  the  law  and  the  prem- 
ises being  by  the  court  here  understood  and  fully  considered,  and  no 
sufficient  cause  appearing  to  the  court  why  judgment  should  not  be 
pronounced  against  said  : 

Wherefore  it  is  by  the  court  here   adjudged  that  for  said  offense 

you,  the  said  ,  be  imprisoned  in  the  county  jail  of  said  county  of 

■ ,  for  the  term  of months;  and  that  for  said  offense,  you,  the 


799  JuMMENTS  AND  DECREES.        Forms  2233-2236 

said  ,  be  fined  dollars  ($ ),  and  be  imprisoned  in  the  pro- 
portion of  one  day's  imprisonment  for  every  dollar  of  said  fine. 

Done  in  open  court  this  day  of  ,  19 — . 

[Official  signature.] 

NOTE. — See  Cal.  Pen.  Code,  sees.  1445,  1446. 

No.  2233.    Certificate   of   Conviction — Justice's   Court — Washington. 

State  of , 

County  of ,  ss. 


At  a  justice's  court  held  at  my  office  in  said  county,  before  me,  one 

of  the  justices  of  the  peace  in  and  for  said  county,  for  the  trial  of , 

for  the  offense  hereinafter  stated,  the  said was  convicted  of  having, 

on  the day  of ,  19 — ,  in  said  county,  committed and  upon 

conviction  the  said  court  did  adjudge  and  determine  that  the  said  ■ 

should  pay  a  fine  of  dollars  ($ ),  and  the  said   fine  has  been 

paid  to  me. 

Given  under  my  hand  this  day  of ,  19 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Wash.  Rem.  Code,  sec.  1935. 

No.  2234.    Judgment  for  Plaintiff— Money  Demand — Justice's  Court. 
[Title  of  Court  and  Cause.] 

In  this  case  judgment  is  given  for  plaintiff  for  one  hundred  and 
seventy  dollars  and  ten  cents  principal  and  interest,  and  nine  dollars 
taxed  costs. 

Judgment    $1T0  10 

Costs 9  00 


$179  10 


No.  2235.    Judgment  for  Possession  of  Personal  Property— Justice's 
Court. 

[Title  of  Court  and  Cause.] 

In  this  case  judgment  is  given  against  defendant  and  for  plaintiff 
for  the  possession  of  all  personal  property  described  in  the  complaint 
herein,  and  one  hundred  dollars  damages  for  the  detention  thereof  by 
defendant,  and  thirty  dollars  taxed  costs. 

NOTE. — California,  Code  Civ.  Proc,  sec.  667. 

No.  2236.    Judgment  for  Value  of  Personal  Property— Justice's  Court. 
[Title  of  Court  and  Cause.] 

In  this  case,  it  appearing  that  the  delivery  of  the  property  described 
in  the  complaint  cannot  be  had,  judgment  is  given  for  plaintiff  for  two 


Forms  2237-2240         Cowdery's  Form  Book.  800 

hundred  and  ninety-nine  dollars,  the  value  thereof,  and  one  hundred 

dollars  taxed  costs. 

Judgment $299 

Costs 100 


$399 
NOTE'.— California,  Code  Civ.  Proc,  see.  667. 

No.  2237.    Judgment  for  Return  of  Personal  Property — Justice's  Court. 

[Title  of  Court  and  Cause.] 

In  this  case,  it  appearing  that  the  property  described  in  the  complaint 
has  been  delivered  to  the  plaintiff,  and  the  defendant  claiming  a  return 
thereof,  judgment  is  given  against  plaintiff  for  the  return  of  said  prop- 
erty to  defendant,  and  $100  damages  for  taking  and  withholding  the 
same,  and  $9  taxed  costs. 

NOTE'.— California,  Code  Civ.  Proc,  see.  667. 

No.  2238.    Judgment  for  Damages  in  Lieu  of  Return — Justice's  Court. 

[Title  of  Court  and  Cause.] 

In  this  case,  it  appearing  that  the  property  described  in  the  com- 
plaint has  been  delivered  to  plaintiff,  and  the  defendant  claiming  a 
return  thereof,  and  it  appearing  that  a  return  cannot  be  had,  judgment 
is  given  against  plaintiif  for  two  hundred  dollars,  the  value  of  said 
property,  and  one  hundred  dollars  taxed  costs. 

No.  2239.    Judgment  for  Defendant — Justice's  Court. 

[Title  of  Court  and  Cause.] 

In  this  ease  judgment  is  given  against  plaintiff  and  for  defendant 
for  thirteen  dollars,  taxed  costs. 

NOTE.— California,  Code  Civ.  Proc.,  sees.  855,  856. 

No.  2240.    Judgment  for  Defendant  on  Counterclaim — Justice's  Court. 
[Title  of  Court  and  Cause.] 

In  this  case  the  defendant's  counterclaim  against  plaintiff  exceeding 
plaintiff's  demand  against  him,  judgment  is  given  for  defendant  against 
plaintiff  for  two  hundred  and  fifty-three  dollars,  principal,  and  eighty- 
four  dollars,  costs. 

Judgment  , $253 

Costs 84 

$337 
NOTE. — California,  Code  Civ.  Proc.,  sees.  855,  856. 


801  'Judgments  and  Decrees.       Forms  2241-2243 

No.  2241.    Judgment  Against  Defendant    (Fiduciary  Capacity)— Jus- 
tice's Court. 
[Title  of  Court  and  Cause.] 

In  this  case,  it  appearing  that  defendant  rer^cived  of  plaintiff  the  two 
hundred  and  seven  dollars,  in  gold  coin  described  in  the  complaint,  as 
the  agent  of  plaintiff,  judgment  is  given  for  plaintiff  and  against  de- 
fendant for  two  hundred  and  seven  dollars  in  gold  coin,  and  twelvo 
dollars,  costs. 

Judgment $207 

Costs 12 


$219 


NOTE. — In  actions  against  an  agent  to  recover  money  received  by  him 
for  his  principal,  the  judgment  must  be  made  payable  in  the  kind  of  money 
or  currency  received  by  him:  California,  Code  Civ.  Proc,  sec.  687. 

No.  2242.     Judgment  on  Verdict — Justice's  Court — Criminal  Action. 
[Title  of  Court  and  Cause.] 

The  above-named having  been  brought  before  me, ,  a  justice 

of  the  peace  for  the  precinct,  in  the  county  and  state  aforesaid, 

in  a  criminal  action,  for  the  crime  of  ,  and  the    said  having 

thereupon  pleaded  "Not  guilty,"  and  been  duly  tried  by  a  jury,  and  by 

the  verdict  of  the  jury,  rendered  on  the  day  of  ,  19 — ,  found 

guilty  as  charged  in  the  complaint,  and  no  sufficient  cause  appearing 
to  the  court  why  judgment  should  not  be  pronounced  against  you : 

Wherefore  it  is  by  the  court  here  adjudged  that  for  said  offense  you, 
the  said  ,  do  pay  a  fine  in  the  sum  of  $ [or  as  the  case  may 

be]. 

[Signature.] 

Done  in  open  court  this day  of ,  19 — . 

[Official  signature.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  1445.     See  ante,  Forms  Nos.  2231,  2232. 

No.  2243.    Judgment  of  Dismissal  With  Record  of  Compromise. 

[Title  of  Court  and  Cause.] 

And  now  comes  the  plaintiff,  by  "William  H.  De  Witt,  Esq.,  United 
States  attorney,  whereupon  the  plaintiffs  dismissed  their  suit  herein,  the 
same  having  been  compromised,  and  eight  hundred  dollars  paid  by  the 
defendants. 

It  is  therefore  considered  by  the  court  that  the  defendants  go  hence 
without  day,  and  recover  against  the  plaintiffs  their  costs  incurred  herein, 
taxed  at  $ . 

NOTE.— Precedent  in  In  re  Mouillerat,  14  Mont.  246,  36  Pac.  185. 
Form  Book — 51 


Forms  2244^2246  Cowdery's  Form  BooF.  802 

No.  2244.    Judgment  of  Nonsuit  upon  Opening  Statement  of  Counsel. 
[Title  of  Court  and  Cause.] 

This  cause  came  on  regularly  before  the  court  for  trial  on  the  twenty- 
fourth  day  of  February,  A.  D.  1880.  J.  B.  Mhoon,  Esq.,  appearing  for 
the  plaintiff  and  B.  S.  Brooks,  Esq.,  appearing  for  the  defendant,  where- 
upon counsel  for  plaintiff  opened  his  ease  and  stated  to  the  court  the 
facts  which  he  intended  and  expected  to  be  able  to  prove ;  thereupon  the 
counsel  for  defendant  moved  the  court  to  nonsuit  the  plaintiff,  and  ren- 
der judgment  in  favor  of  defendant  upon  the  ground  that  the  said  facts 
were  not  sufficient  to  constitute  a  cause  of  action  or  to  entitle  the  plain- 
tiff to  any  judgment  against  the  defendant  under  the  pleadings. 

Said  motion  was  thereupon  argued  and  submitted  to  the  court  for  con- 
sideration, and  due  deliberation  having  been  had  thereon  the  said  motion 
was  granted. 

NOTE.— Precedent  in  NiehoU  v.  Littlefield,  60  Cal.  239. 

No.  2245.    Judgment. 
[Title  of  Court  and  Cause.] 

This  cause  came  on  regularly  for  trial.  The  said  defendant  appeared 
by  his  attorneys.  A  jury  of  twelve  persons  was  regularly  impaneled  and 
sworn  to  try  said  cause.  Witnesses  on  the  part  of  the  defendant  were 
sworn  and  examined.  After  hearing  evidence,  the  arguments  of  counsel 
and  instructions  of  the  court,  the  jury  retired  to  consider  their  verdict, 
and  subsequently  returned  into  court,  and  being  called,  answered  to  their 
names,  and  say  they  find  a  verdict  for  the  defendant. 

Wherefore,  by  virtue  of  the  law  and  by  reason  of  the  premises  afore- 
said, it  is  ordered,  adjudged  and  decreed  that  said  plaintiff  have  and  re- 
cover nothing  from  said  defendant,  and  that  defendant  recover  of  the 
plaintiff  his  costs  and  disbursements  incurred  in  this  action,  amounting 
to  the  sum  of  eighty-eight  and  sixty-one  hundredths  dollars. 

Judgment  rendered  October  31,  A.  D.  1870. 

NOTE. — Precedent  in  Green  v.  Swift,  50  Cal.  454. 

No.  2246.    Decree  Directing  Conveyance  of  Trust  Property. 

[Title  of  Court  and  Cause.] 

Now,  on  this  day  this  cause  came  on  to  be  heard  before  the  court  upon 
the  plaintiff's  complaint  and  the  defendant's  answer  herein.  And  it 
appearing  to  the  satisfaction  of  the  court  from  the  said  defendant's  an- 
swer that  all  the  allegations  in  the  plaintiff's  complaint  are  true,  and  all 
and  singular  the  law  and  premises  being  by  the  court  here  seen,  heard 
and  understood,  and  fully  considered,  finds  for  the  said  plaintiff,  and 
on  motion  of  Hamilton  &  Dunlap,  attorneys  for  the  said  plaintiff,  it  is 
ordered,  adjudged,  considered  and  decreed  by  the  court  that  the  said 
defendants  James  R.  Bolton  and  Frederick  Billings  be  and  they  are 


803  Judgments  and  Decrees.  Form  2247 

hereby  required  to  fortlnvith  make,  execute  and  deliver  to  the  said  plain- 
tiff, Anne  Saunders,  a  good  and  sufficient  deed  of  conveyance,  conveying 
to  the  said  Anne  Saunders,  all  the  right,  title,  claim  and  interest  which 
they,  the  said  James  R.  Bolton,  Frederick  Billings  and  H.  W.  Hallcck, 
or  either  of  them,  had  or  held  on  the  twelfth  day  of  May,  1852,  or  at 
any  time  since  that  day,  of,  in  or  to  those  certain  lots,  tracts  or  parcels 
of  land  lying  and  being  situate  in  the  city  of  Sacramento,  county  of 
Sacramento  and  state  of  California,  pai-ticularly  known  and  described 
upon  the  map  or  plan  of  said  city  as  lots  number  two  (2)  and  eight  (8) 
in  the  square  or  block  between  N  and  0,  Fifteenth  (15)  and  Sixteenth 
(16)  streets,  under  and  by  virtue  of  a  certain  deed  of  conveyance  from 
one  Bezer  Simmons  to  said  defendants  James  R.  Bolton,  Frederick  Bill- 
ings and  H.  W.  Halleck,  bearing  date  September  3,  1850;  and  if  the  said 
defendants  James  R.  Bolton  and  Frederick  Billings  refuse  and  neglect 
to  make,  execute  and  deliver  to  said  plaintiff,  Anne  Saunders,  the  said 
deed  of  conveyance  of  the  said  premises  hereinbefore  described  for  five 
days  after  the  entry  of  this  judgment  and  decree,  then,  and  in  that  event, 
Ed.  M.  Martin,  the  court  commissioner  of  this  court,  be  and  he  is  hereby 
appointed  and  authorized  and  empowered  to  make,  execute  and  deliver 
to  said  plaintiff,  Anne  Saunders,  a  deed  of  conveyance  for  and  on  behalf 
of  said  defendants  of  said  premises;  and  said  deed,  when  so  made,  exe- 
cuted and  delivered  by  said  Ed.  M.  Martin,  as  such  commissioner,  shall 
vest  in  said  plaintiff,  Anne  Saunders,  all  the  right,  title,  claim  and  inter- 
est of,  in  and  to  said  premises  that  passed  to,  or  was  or  became  vested 
in  the  said  defendants,  James  R.  Bolton,  Frederick  Billings  and  H.  \Y. 
Halleck,  under  and  by  virtue  of  the  same  deed  of  conveyance  from  said 
Bezer  Simmons,  of  September  3,  1850,  or  at  any  time  since. 

NOTE.— Precedent  in  Saunders  v.  Schmaclzle,  49  Cal.  59,  62. 

No.  2247.    Judgment  in  Action  to  Annul  Contract  of  Municipality  for 

Waterworks. 
[Title  of  Court  and  Cause.] 

1.  It  is  hereby  ordered,  adjudged  and  decreed  that  the  contract  dated 
September  28,  1895,  made  by  and  between  defendant,  the  city  of  Santa 
Rosa,  a  municipal  corporation,  party  of  the  first  part,  and  defendant 
Effe}'^,  of  the  city  of  Santa  Cruz,  party  of  the  second  part,  for  the  con- 
struction of  a  system  of  waterworks  according  to  the  plans  and  specifi- 
cations of  C.  Monjeau,  is  hereby  declared  null  and  void  and  of  no  effect; 
and  defendant,  the  city  of  Santa  Rosa,  is  hereby  absolved  of  and  from 
any  and  all  obligations  whatsoever  to  anyone  under  or  by  virtue  of  said 
contract. 

2.  It  is  further  ordered,  adjudged  and  decreed  that  the  bonds  pro- 
vided for  in  Ordinance  No.  163  of  the  ordinances  of  defendant,  the  city 
of  Santa  Rosa,  except  the  first  series  of  said  bonds,  to  wit,  bonds  Nos. 
1  to  5,  inclusive,  were  unlawfully  disposed  of  by  defendants,  E.  F.  Wood- 


Porm2247  Oowdery^s  B'orm  Book.  804 

ward,  individually  and  as  mayor  of  said  city,  F.  Berka,  C.  N.  Collins, 
E.  D.  Harris,  Thomas  P.  Keegan,  George  A.  Tupper  and  J.  S.  Wilson, 
individually  and  as  members  of  and  composing  the  common  council  and 
legislative  body  of  defendant,  the  city  of  Santa  Rosa,  and  M.  V.  Van- 
derhoof,  individually  and  as  treasurer  of  said  city  of  Santa  Rosa,  and 
Robert  Effey,  and  contrary  to  the  provisions  of  law  regulating  the  mode 
and  conditions  for  the  disposal  of  such  bonds,  and  in  violation  of  the 
trust  reposed  in  defendants  Woodward,  Berka,  Collins,  Harris,  Keegan, 
Tupper,  Wilson,  Vanderhoof,  Effey  and  Paul  B.  Perkins,  willfully,  un- 
lawfully and  fraudulently  disposed  of  the  proceeds  of  said  bonds,  and 
that  said  defendants  last  named  are  adjudged  to  be  liable  for  the  pay- 
ment to  defendant,  the  city  of  Santa  Rosa,  of  the  value  of  said  bonds  at 
the  time  of  their  disposal,  to  wit,  one  hundred  and  sixty-five  thousand 
seven  hundred  and  one  dollars  and  twenty-five  cents. 

3.  It  is  further  ordered,  adjudged  and  decreed  that  the  system  of 
waterworks  constructed  by  Paul  B.  Perkins  in  the  city  of  Santa  Rosa, 
consisting  of  pipe-lines,  reservoirs,  pumping  plants  and  all  other  appli- 
ances connected  therewith,  be  and  they  are  hereby  decreed  to  be  the 
direct  results  of  the  disposal  of  said  water  bonds  issued  by  the  city  of 
Santa  Rosa,  under  and  by  virtue  of  Ordinance  No.  163,  and  that,  as  such 
-direct  result,  said  waterworks  constructed  by  said  Paul  B.  Perkins 
should  be  and  they  are  hereby  decreed  to  be  held  and  possessed  by  the 
defendants,  the  mayor  and  common  council  of  the  city  of  Santa  Rosa, 
in  trust  for  said  city  of  Santa  Rosa  and  the  inhabitants  and  taxpayers 
thereof,  as  if  said  works  were  a  part  of  said  water  bonds,  and  that  said 
■defendants  Robert  Effey  and  Paul  B.  Perkins  never  had  any  lawful  right, 
title  or  interest  in  or  to  said  waterworks  or  any  part  or  parcel  thereof. 

4.  That  an  accounting  shall  be  had  by  this  court  of  the  actual  value 
of  said  system  of  waterworks,  pipe-lines,  reservoirs,  pumping  station, 
etc.,  constructed  by  said  Paul  B.  Perkins  in  said  city  of  Santa  Rosa,  and 
that  after  said  actual  value  of  said  waterworks  is  ascertained  as  herein 
provided,  that  a  judgment  shall  be  entered  to  take  effect  as  of  the  entry 
of  this  judgment  against  defendants  E.  F.  Woodward,  F.  Berka,  C.  N. 
Collins,  E.  b.  Harris,  Thomas  P.  Keegan,  George  A.  Tupper,  J.  S.  Wil- 
son, M.  V.  Vanderhoof,  individually  and  as  treasurer  of  said  city  of 
Santa  Rosa,  Robert  Effey  and  Paul  Perkins,  jointly  and  severally,  for 
the  amount  of  money  which  shall  be  found  to  be  the  difference  between 
the  value  of  said  bonds  at  the  time  of  their  disposal,  to  wit,  one  hundred 
and  sixty-five  thousand  seven  hundred  and  one  dollars  and  twenty-five 
cents,  and  the  ascertained  value  of  said  system  of  waterworks  con- 
structed by  defendant  Perkins. 

5.  That  upon  the  value  of  the  work  and  material  done  and  furnished 
by  said  Perkins  in  the  construction  of  said  waterworks  being  ascertained 
by  the  court,  judgment  for  the  amount  of  the  deficiency  as  provided  in 
paragraph  4  hereof,  and  for  the  costs  of  plaintiff  up  to  this  time,  hereby 
taxed  at  five  hundred  and  thirty-seven  dollars  and  forty  cents,  and  for 


805  aruDGMENTS  AND  DECREES.       Forms  2248,  2249 

accruing  costs  hereafter  incurred  on  behalf  of  defendant,  the  city  of 
Santa  Rosa,  of  the  plaintiff  against  said  defendant,  made  liable  for  said 
deficiency,  shall  be  entered  against  said  defendants  as  herein  provided. 

6.  That  defendant  Mobley  have  and  recover  from  plaintiff  his,  said 
Mobley's,  costs,  hereby  taxed  at  $ •. 


Judgment  recorded  the day  of , ,  book ,  page •. 

NOTE.— Precedent  in  Mock  v.  Santa  Rosa,  126  Cal.  337,  58  Pac.  826. 

No.  2248.    Judgment  for  Want  of  Answer — Justice's  Court — Oregon. 
[Title  of  Court  and  Cause.] 

State  of ,  County  of . 

Civil  action  to  recover  money. 

May  ,   19 — .     Complaint   filed   and  summons   issued,   retuniable 

'l9- 


May  ,   19 — .     Summons   returned   and   indorsed,    "Received   the 

within  May ,  19—.     Served  the  same  May ,  19—,  by  delivering 

a  copy  thereof,  together  with  a  certified  copy  of  the  complaint,  to  the 
defendant  personally. 

,  Constable." 

The  plaintiffs  appeared,  and  it  appearing  that  the  defendant  has  failed 
to  answer  the  complaint  as  required  by  law,  it  is  considered  that  the 

plaintiffs  recover  of  the  defendant  the  sum  of dollars  ($ )  and 

his  disbursements  in  the  action,  taxed  at dollars  ($ )  and 

( — )  cents. 

NOTE. — Lord's  Oregon  Laws,  sec.  185. 

The  signature  of  the  justice  does  not  seem  to  be  required  by  the  statute; 
and,  unless  so  required,  the  judgment  is  valid  without  Ms  signature:  See 
Freeman  on  Judgments,  sec.  50e. 

No.  2249.    Judgment  After  Trial— Justice's  Court — Oregon. 

State  of ,  County  of . 

Civil  action  to  recover  money. 
[Title  of  Court  and  Cause.] 

May ,  19 — .     Complaint  filed  and  summons  issued,  returnable  May 

^  19 — .     Affidavit  and  undertaking  for  writ  of  attachment  against 

the  property  of  the  defendant  filed.     Writ  of  attachment  issued,  directed 

to ,  constable  of  the  precinct. 

May   ,   19 — •     Summons   returned   and   indorsed,   "Received  the 

within  May ,  19 — .     Served  the  same  May ,  19 — ,  by  delivering 

a  copy  thereof,  together  with  a  certified  copy  of  the  complaint,  to  the 
defendant  personally. 

,  Constable." 

Parties  appeared.  Answer  of  defendant  filed.  Defendant  then  de- 
posited trial  fee  of  six  (6)  dollars,  and  demanded  a  jury  trial.     On  appli- 


Forms  2250, 2251         Cowdery's  Form  Book.  806 

cation  of  the  defendant,  ordered  the  cause  be  continued,  at  his  costs,  for 

trial  on  May ,  19 — . 

May  ,  19 — .     Parties  appeared.     Jury  formed  and  sworn.     Trial 

had,  and  jury  give  verdict  in  favor  of  the  plaintiff  for  the  sum  of 

dollars  ($ ).     Therefore  it  is  considered  that  the  plaintiff  recover  of 

the  defendant  the  said  sura  of  dollars   ($ ),  and  his  disburse- 
ments in  this  action,  taxed  at dollars  ($ )  and ( — )  cents. 

NOTE. — Lord's  Oregon  Laws,  sec.  186. 

When  the  trial  is  without  jury,  the  last  entry  should  be  varied  as  follows: 
"Trial  had  without  the  intervention  of  a  jury;  and  it  is  considered,"  etc. 
The  signature  of  the  justice  does  not  seem  to  be  required  by  the  statute; 
and,  unless  so  required,  the  judgment  is  valid  without  his  signature:  See 
Freeman  on  Judgments,  4th  ed.,  sec.  50e. 

"No.  2250.    Judgment  Where  Defendant  is  Subject  to  Arrest— Justico's 

Court. 
[Title  of  Court  and  Cause.] 

In  this  case  judtrment  is  gfiven  for  plaintiff  and  against  defendant  for 
two  hundred  and  fifty  dollars,  and  costs  taxed  at  seventeen  dollars,  and 
it  appearing  that  defendant  is  about  to  depart  from  the  state  with  in- 
tent to  defraud  his  creditors  [or  if  for  any  other  reason  he  is  subject  to 
arrest  and  imprisonment],  he  is  therefore  subject  to  arrest  and  imprison- 
ment under  this  judgment. 

Judgment $250 

Costs 17 

$267 
[Signature.] 

NOTE. — When  judgment  is  rendered  in  a  case  where  the  defendant  is 
subject  to  arrest  and  imprisonment  thereon,  the  fact  that  ho  is  so  subject 
must  be  stated  in  the  judgment:  California,  Code  Civ.  Proc,  sec.  893. 

No.  2251.    Complaint  on  Foreign  Judgment. 
[Title  of  Court  and  Cause.] 

First.  That  at  the  times  hereinafter  mentioned  the  circuit  court  of 
Winnebago  county,  in  the  state  of  Illinois,  was  a  court  of  general  juris- 
diction, duly  created  and  organized  under  and  by  virtue  of  the  laws  and 
constitution  of  said  state  of  Illinois. 

Second.  That  on  the  fifteenth  day  of  August,  1885,  the  plaintiff  com- 
menced an  action  in  said  court  by  the  filing  of  a  declaration;  and  that 
thereupon  said  defendant,  E.  Steinbach,  on  the  same  day,  duly  appeared 
in  said  action  in  said  court,  by  his  duly  constituted  and  appointed 
attorney,  and  duly  waived  service  of  process  and  admitted  the  cause  of 
action  alleged  against  him  in  said  declaration,  and  the  amount  therein 
claimed  to  be  due  upon  the  promissory  note  therewith  filed,  and  did  then 
and  there  confess  and  consent  to  the  entry  of  judgment  against  him  in 


807  Judgments  and  Decrees.  Form  2252 

favor  of  sairl  plaintiff,  for  the  sum  of  four  thousand  one  hundred  and 
fort3'-one  dollars  and  sixty-six  cents  and  costs  of  suit. 

Third.  That  thereupon  such  proceedings  were  had  therein  in  said 
court,  that  on  the  fifteenth  day  of  August,  1885,  a  judgment  for  the  sum 
of  four  thousand  one  hundred  and  forty-one  dollars  and  sixty-six  cents, 
and  costs,  duly  taxed  at  two  dollars  and  tvrenty-five  cents,  was  duly 
given,  made  and  entered  by  said  court  in  favor  of  the  plaintiff,  John 
Lake,  and  against  the  defendant,  E.  Steinbach. 

Fourth.  That  no  part  of  said  judgment  has  been  paid  or  satisfied,  ex- 
cept the  sum  of  three  thousand  six  hundred  and  forty-two  dollars  and 
twenty-two  cents,  and  that  there  is  now  due  and  owing  to  said  plaintiff, 
who  is  now  the  legal  owner  and  holder  of  said  judgment,  from  the  said 
defendant,  upon  the  said  judgment,  the  sum  of  five  hundred  and  two 
dollars  and  nineteen  cents,  together  with  the  interest  thereon  at  the  rate 
of  six  per  cent  per  annum,  from  the  eighteenth  day  of  September,  1885. 

Fifth.  Tliat  said  defendant,  E.  Steinbach,  was  out  of  and  absent  from 
the  state  of  Washington  at  the  time  said  judgment  was  entered  and  given 
as  aforesaid,  and  did  not  come  into  or  return  to  this  state  thereafter 
until  less  than  six  years  prior  to  the  commencement  of  this  action. 

,  Attorney  for  Plaintiff. 

[Verification.] 

NOTE.— Precedent  in  Lake  r.  Steinbach,  5  Wash.  660,  32  Pac.  767. 

No.  2252.    Answer  Denjdng  Assignment  of  Judgment. 

[Title  of  Court  and  Cause.] 

And  now  comes  the  said  defendant,  and,  for  answer  to  the  plaintiff's 
complaint  herein,  says  that  as  to  the  allegation  in  said  complaint,  "that 
on  the  second  day  of  December,  A.  D.  1880,  for  a  valuable  consideration 
by  said  plaintiff,  Brewer,  unto  the  said  McLean  paid,  the  said  John 
McLean  did  assign  and  convey  unto  plaintiff,  the  judgment,"  defendant 
has  not  and  cannot  obtain  sufficient  knowledge  or  information  upon 
which  to  base  a  belief,  and  therefore  denies  that  said  plaintiff  paid  said 
McLean  anything  whatever  for  said  judgment,  and  denies  that  the  said 
judgment  was  assigned  by  said  McLean  to  said  Brewer;  and  denies  that 
said  Brevv-er  is  the  owner  of  said  judgment;  and  avers  that  said  McLean 
is  noY/  the  real  ovs-ner  of  said  judgment;  and  avers  that  said  McLean  is 
the  real  party  in  interest  in  this  suit;  wherefore,  defendant  demands 
that  he  be  allowed  to  go  hence  without  day  and  have  judgment  for  his 
costs  in  this  suit. 

■ ,  Attorney  for  Defendant. 

[Verification.] 

NOTE. — Precedent  in  Hughes  v.  Brewer,  7  Colo.  584,  4  Pac.  1115. 


Forms  2253-2256         Cowdery's  Form  Book.  808 

No.  2253.    Answer  Alleging  Fraud  in  Obtaining  Judgment. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  alleges: 
That  after  the  commencement  of  the  action  mentioned  in  the  com- 
plaint, the  said  plaintiff  came  to  this  defendant,  and  with  intent  to  de- 
ceive him  and  prevent  him  from  defending  it,  falsely  and  fraudulently 

rejiresented . 

[Signature.] 
[Verification.] 

No.  2255.    Complaint  on  Foreign  Judgment. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  at  the  times  hereinafter  mentioned,  the  court  of  common  pleas, 
in  and  for  the  county  of  R.,  in  the  state  of  Ohio,  was  a  court  of  general 
jurisdiction,  duly  created  and  organized  by  the  laws  of  said  state. 

2.  That  on  the  twenty-first  day  of  May,  1917,  the  plaintiff  commenced 
an  action  in  said  court  against  the  defendant  by  the  issuance  of  sum- 
mons [or,  other  process,  as  the  case  may  be],  which  summons  was  duly 
and  personally  served  upon  said  defendant  [or,  in  which  action  the  de- 
fendant appeared  in  person,  or  by  attorney].  That  thereupon  such  pro- 
ceedings were  had  therein  in  said  court,  that  on  the  twenty-fourth  day 
of  July,  1917,  a  judgment  for  the  sum  of  $376  was  duly  given  and  made 
by  said  court  in  favor  of  the  plaintiff,  and  against  the  defendant. 

3.  That  no  part  thereof  has  been  paid,  except  [etc.]. 

No.  2256.    Abstract  of  Judgment,  and  Certificate — Justice's  Court. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  S3. 

In  Justice's  Court,  Before  ,  Justice  of  the  Peace,  Township, 

,  19-. 

,  19-. 

Judument  entered  for  plaintiff  for dollars  ($ ),  on  the  • 

day  of ,  19 — . 

I  certify  that  the  foregoing  is  a  correct  abstract  of  a  judgment  ren- 
dered in  said  action  in  my  court  [or,  in  the  court  of ,  justice  of  the 

peace,  as  appears  by  his  docket,  now  in  my  possession,  as  his  successor 
in  office]. 

,  Justice  of  the  Peace. 


NOTE.— See  Cal.  Code  Civ.  Proe.,  sec.  897;  Idaho,  Eev.  Codes  1907, 
sec.  4733;  Montana,  Eev.  Codes  1907,  sec.  7056;  Utah,  Comp.  Laws  1907, 
Bee.  3733. 

The  abstract  may  be  filed  in  the  office  of  the  county  clerk  of  the  county  in 
which  the  judgment  was  rendered,  and  the  judgment  docketed  in  the  judgment- 
docket  of  the  superior  court  thereof.  Execution  may  thereupon  be  issued  by 
the  county  clerk  to  the  sheriff  of  any  other  county:   See  Cal.  Code  Civ.  Proc, 


809  Judgments  and  Decrees.       Forms  2257,  2258 

eec.  900.  But  such  judgment  creates  no  lien  on  any  lands  of  the  defendant 
unless  such  abstract  is  filed  in  the  office  of  the  recorder  of  the  county  in  which 
the  lands  are  situated.  The  lien  continues  for  two  years  unless  the  judgment 
be  previously  satisfied:   See  Oal.   Code  Civ.  Proc.,  s&e.  900. 

No.  2257.     Complaint  on  Judgment. 
[Title  of  Court  and  Cause.] 
Plaintiff  complains  and  alleges: 

I.  That  on  the  twenty-second  day  of  January,  1906,  in  the  superior 
court  of  the  city  and  county  of  San  Francisco,  state  of  California,  De- 
partment No.  Four  (4)  thereof,  Honorable  J.  C.  B.  Hebbard,  presiding, 
a  judgment  was  duly  given  and  made  by  the  said  court  in  favor  of  this 
plaintiff  and  against  the  defendant  herein,  in  an  action  pending  in  said 
court  last  above  named,  wherein  this  plaintiff  Avas  plaintiff  and  the  said 
defendant  was  defendant,  by  which  said  judgment  it  was  ordered  that 
said  plaintiff  do  have  and  recover  of  and  from  the  said  defendant  the 
sum  of  three  hundred  and  seventy-six  and  34/100  dollars  ($376.34),  and 
costs  of  suit  amounting  to  the  sum  of  twelve  and  65/100  dollars  ($12.65). 

II.  That  thereafter,  to  wit,  on  or  about  the  twenty-fourth  day  of 
January,  1906,  said  judgment  was  duly  entered, (^led  and  docketed,, and 
the  said  judgment  remains  wholly  unpaid  and  unsatisfied. 

Wherefore,  said  plaintiff  prays  judgment  against  said  defendant  for 
the  sum  of  three  hundred  and  eigrhty-eight  and  99/100  dollars  ($388.99), 
the  amount  of  said  judgment,  together  with  interest  thereon  at  the  rate 
of  seven  (7)  per  cent  per  annum  from  the  said  twenty-second  day  of 
January,  1906,  to  date,  in  the  sum  of  eighty-three  dollars  ($83.00), 
together  with  costs  of  this  suit. 

,  Attorneys  for  Plaintiff. 

No.  2258.    Notice  of  Entry  of  Judgment. 

[Title  of  Court  and  Cause.] 

To  the  Defendants, , ,  and  to  Messrs. and ,  Attorneys 

for  said  Defendants,  and  to  the  Defendant ,  and and , 

Attorneys  for  said  Defendant: 
You  and  eacli  of  you  will  please  take  notice,  and  you  and  each  of  you 
are  hereby  notified  that  the  judgment  in  the  above-entitled  action,  in 

accordance  with  the  findings  and  conclusions  of  law,  filed  on  the  

day  of ,  19—,  in  favor  of  the  plaintiff  above  named  and  against  the 

defendants  above  named,  was,  on  the day  of ,  A.  D.  19 — ,  duly 

entered  by  the  clerk  of  the  above-entitled  Superior  Court  in  Vol.  , 

of  Judgments,  at  page thereof. 

Dated ,  A.  D.  19—. 

,  Attorneys  for  Plaintiff. 


Form  2259  Cowdery's  Form  Book.  810 

No.  2259.    Notice  of  Motion  to  Vacate  Judgment  and  Enter  a  Different 

Judgment. 
[Title  of  Court  and  Cause.] 

To  the  Plaintiff  Herein  and  to  Messrs. and ,  Its  Attorneys  and 

to  the  Defendant, ,  and  to  Messrs. and ,  Attorneys  for 

said  Defendant: 

You  and  each  of  you  will  please  take  notice  that  on  the  day  of 

,  19 — ,  at  the  opening  of  the  court  on  said  daj^^,  or  as  soon  there- 
after as  counsel  can  be  heard  by  the  court  in  the  courti'oom  of  Depart- 
ment 3  thereof,  in  the  City  Hall,  in  the  city  and  county  of  San  Fran- 
cisco, state  of  California, , and ,  defendants  in  the  above- 
entitled  cause,  will  move  the  court  to  set  aside  and  vacate  the  judgment 
entered  therein,  and  that  judgment  be  entered  in  favor  of  said  defend- 
ants and  against  said  plaintiff  for  costs  incurred  herein  by  said  defend- 
ants for  the  following  cause,  materially  affecting  the  substantial  rights 
of  said  defendants  and  entitling  them  to  a  different  judgment; 

Incorrect  and  erroneous  conclusions  of  law  not  consistent  with  and 
not  supported  by  the  findings  of  fact. 

The  following  are  the  specifications  of  the  particulars  in  which  the 
said  conclusions  of  law  are  incorrect  and  erroneous  and  are  not  sup- 
ported by  the  findings  of  fact : 

1.  The  court  has  found  that  all  of  the  allegations  contained  in  plain- 
tiff's complaint  on  file  herein  save  and  except  the  allegation  contained  in 
paragraph  1  of  said  complaint,  that  said  plaintiff  is  a  corporation  as 
alleged  therein,  are  each  and  all  of  them  untrue. 

2.  That  said  findings  controvert  the  allegations  contained  in  plaintiff's 
complaint. 

3.  That  said  findings  show  that  the  instrument  sued  on  by  plaintiff  as 
a  lease  was  no  lease  and  never  took  effect  as  a  lease. 

4.  The  court  has  found  as  a  probative  fact  that  the  agreement  set 
forth  in  the  findings  was  to  operate  as  a  lease  only  upon  the  construction 
by  plaintiff  and  the  occupancy  of  a  store  having  a  frontage  on  Golden 
Gate  avenue  of  forty  feet  by  a  uniform  depth  of  one  hundred  and  twenty 
feet,  by  defendants;  and  has  also  found  as  a  probative  fact  that  the 
occupancy  of  the  said  demised  premises  was  never  given  by  plaintiff  to 
defendants  or  either  of  them. 

5.  And  the  court  has  found  as  a  further  probative  fact  that  the  plain- 
tiff did  not  construct  a  store  having  a  frontage  of  forty  feet  on  Golden 
Gate  avenue,  by  a  uniform  depth  of  one  hundred  and  twenty  feet. 

Said  motion  will  be  made  upon  the  complaint,  findings  of  fact,  conclu- 
sions of  law  and  judgment  rendered  herein,  and  upon  all  the  records 
and  papers  on  file  herein. 

Dated . 

,  Attorneys  for  Defendants,  , and , 


811  Justification  of  Sureties.  Form  2260 

No.  2260.     Order  Vacating  Judgment. 
[Title  of  Court  and  Cause.] 

The  order  to  show  cause  why  the  judgment  entered  in  this  action 
against  the  defendants,  Guadaloupe  Castro,  Simeon  Castro  and  Joaquin 
Castro,  should  not  be  vacated  and  set  aside,  having  been  submitted  upon 
the  affidavits  of  W.  H.  L.  Barnes,  Guadaloupe  Castro  and  W.  H.  Patter- 
son and  Joseph  Phelan.  And  it  appearing  to  me  from  the  said  affi- 
davits that  the  said  defendants  have  a  meritorious  defense  to  the  ac- 
tion; and  that  the  trial  was  had,  and  judgment  taken  against  them  in 
their  absence,  and  the  absence  of  the  said  W.  H.  L.  Barnes,  their 
attorney;  and  that  this  absence  was  caused  by  a  mutual  and  honest  mis- 
take on  the  part  of  both  of  them  as  to  the  retainer  of  the  said  Barnes 
as  attorney  for  them  in  the  action;  and  that  neither  of  them  knew  of 
the  trial  of  the  action  or  the  rendition  of  judgment  therein  until  after 
the  adjournment  of  the  term  of  the  court  at  which  the  trial  was  had,  and 
the  judgment  against  the  defendants  rendered.  Therefore  it  is  ordered 
that  the  judgment  herein  be  set  aside  and  vacated  upon  the  payment  to 
plaintiff's  attorney  of  all  the  costs  taxed  in  the  case  against  the  said  de- 
fendants within  five  days  after  notice  of  this  order  to  the  defendants  or 
their  attorney,  W.  W.  Crane,  Esq. ;  and  upon  the  further  condition  that 
the  defendants  shall  go  to  trial  of  the  cause  at  the  next  term  of  the 
court  in  Santa  Cruz  county. 

Dated . 

f  Judge. 

NOTE.— Precedent  in  McKinley  y.  Tuttle,  84  Cal.  237. 


JUSTIFICATION  OF  SURETIES. 

2285.  Justification  of  sureties  in  civil  cases. 

2286.  Justification  of  sureties  on  undertaking  or  tend  where  more  than 

two  sureties. 

2287.  Justification  of  sureties  In  criminal  cases. 

2288.  Affidavit  of  sureties  on  bail  hond,  in  San  Francisco. 

2289.  Affidavit  of  sureties  on  official  bond. 

2290.  Notice   of   exception   to   sufficiency   of   sureties   on  undertaking   on 

claim  and  delivery. 

2291.  Notice  that  defendant  excepts  to  sufficiency  of  sureties  on  attach- 

ment or  appeal  bond — Justice's  court. 

2292.  Notice  to  defendant  that  his  sureties  must  justify — Justice's  court. 

2293.  Notice  of  justification  of  sureties. 

2294.  Notice  of  justification  of  sureties — Justice's  court. 

2295.  Examination  and  justification  of  sureties. 

CROSS-REFERENCES. 

Justification  of  Sureties  on  Official  Bond — Hawaii,  No.  823. 
Justification  of  Sureties  on  State  or  County  Bonds,  No.  811. 


Forms  2285, 2286         Cowdery's  Form  Book.  812 

No.  2285.    Justification  of  Sureties  in  Civil  Cases. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

S.  D.  and  F.  R.,  the  sureties  whose  names  are  subscribed  to  the  above 
undertaking,  being  severally  duly  sworn,  each  for  himself,  says  that  he 
is  one  of  the  sureties  named  in  the  above  undertaking;  that  he  is  a  resi- 
dent and  householder  in  said  city  [or  state]  and  county,  and  is  worth 
the  sum  in  the  said  undertaking  specified  as  the  penalty  thereof,  over 
and  above  all  his  just  debts  and  liabilities,  exclusive  of  property  exempt 
from  execution. 

NOTE. — In  California,  in  all  eases  where  an  undertaking,  with  sureties,  is 
required  by  the  provisions  of  the  Code  of  Civil  Procedure,  the  oiScer  taking  the 
same  must  require  the  sureties  to  accompany  it  with  an  affidavit  that  they  are 
each  residents  and  householders,  or  freeholders,  within  the  state,  and  are  each 
vfOTth  the  sum  specified  in  the  undertaking,  over  and  above  all  their  just  debts 
and  liabilities,  exclusive  of  property  exempt  from  execution ;  but  when  the 
amount  specified  in  the  undertaking  exceeds  three  thousand  dollars,  and  there 
are  more  than  two  sureties  thereon,  they  may  state  in  their  affidavits  that  they 
are  severally  worth  amounts  less  than  that  expressed  in  the  undertaking,  if  the 
whole  amount  be  equivalent  to  that  of  two  sufficient  sureties:  California,  Code 
Civ.  Proc,  sec.  1057. 

See  Alaska,  Comp.  Laws  1913,  sees.  941,  942;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sees.  317-322;  California,  Code  Civ.  Proc.,  sec.  1057;  Colorfido, 
Mill's  Ann.  Code,  sec.  421;  Idaho.  Kev.  Codes  1907,  see.  4934;  Montana, 
Eev.  Codes  1907,  sees.  7192-7195;  Nevada,  Rev.  Laws  1912,  see.  5485;  Okla- 
homa, Harris  &  Day's  Code  1910,  see.  5342;  Oregon,  Lord's  Oregon  Laws, 
sees.  268,  270,  287,  344;  South  Dakota,  Comp.  Laws  1913,  sees.  4959,  4960, 
4961,  4978,  5010;  Utah,  Comp.  Laws  1907,  see.  3493;  Washington,  Rem.  Code, 
sees.  652,  765,  766;  Wyoming,  Comp.  Stats.  1910,  sees.  4831-4837. 

No.  2286.    Justification  of  Sureties  on  Undertaking  or  Bond  Where 

More  Than  Two  Sureties. 
State  of , 


County  of ,  ss. 

,  one  of  the  sureties  above  named,  being  duly  sworn,  says  that 

he  is  a  resident  and  householder  within  the  said  state  of ,  and  that 

he  is  worth  the  sum  of dollars  ($ )  over  and  above  all  his  just 

debts  and  liabilities,  exclusive  of  property  exempt  from  execution. 

[Signature.] 
Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — This  form  may  he  used  where  the  undertaking  or  bond  has  more 
than  two  sureties.  The  California  statute  provides  that  when  the  amount  speci- 
fied in  the  undertaking  or  bond  exceeds  three  thousand  dollars  ($3,000),  and 
there  are  more  than  two  sureties  thereon,  they  may  state  in  their  affidavits  that 
they  are  severally  worth  amounts  less  than  the  amount  specified  in  the  undertak- 
ing or  bond,  if  the  whole  amount  is  equivalent  to  that  of  two  sufficient  sureties: 
See  Cal.  Code  Civ.  Proc.,  sec.  1057. 


813  Justification  of  Sureties.      Forms  2287,  2288 

No.  2287.     Justification  of  Sureties  in  Criminal  Cases. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

S,  D.  and  F.  R.,  persons  whose  names  are  subscribed  as  tbe  sureties 
to  the  above  undertaking,  being  seveially  sworn,  each  for  himself,  says, 
that  he  is  one  of  the  sureties  named  in  the  above  undertaking;  that  he 
is  a  resident  and  a  householder  within  the  county  of  Fresno,  and  state 
of  California,  and  that  he  is  worth  the  amount  specified  in  the  said 
undertaking  as  the  penalty  thereof,  over  and  above  all  his  just  debts 
and  liabilities,  exclusive  of  property  exempt  from  execution. 

[Signatures.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — The  qualifications  of  bail  are  as  follows:  1.  Each  of  them  must  be 
a  resident  householder,  or  freeholder  within  the  state;  but  the  court  or  magis- 
trate may  refuse  to  accept  any  person  as  bail  who  is  not  resident  of  the  county 
where  bail  is  offered:  2.  They  must  be  each  worth  the  amount  specified  in  the 
undertaking,  exclusive  of  property  exempt  from  execution;  but  the  court  or 
magistrate,  on  taking  bail,  may  allow  more  than  two  sureties  to  justify  sev- 
erally in  amounts  less  than  that  expressed  in  the  undertaking,  if  the  justifica- 
tion be  equivalent  to  that  of  sufficient  bail.  The  bail  must  in  all  cases  justify 
by  affidavit  taken  before  the  magistrate,  that  they  each  possess  the  quahfications 
provided  as  aforesaid.  The  magistrate  may  further  examine  the  bail  upon  oath 
concerning  their  sufficiency,  in  such  manner  as  he  may  deem  proper:  California, 
Pen.  Code,  sees.  1279,  1280. 

No.  2288.    Affidavit  of  Sureties  on  Bail  Bond,  in  San  Francisco. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being  duly  sworn,  says  that  he  is  a  resident  of,  and  householder 

in ;  that  he  is  worth  the  sum  of dollars  ($ )  over  and  above 

all  his  just  debts  and  liabilities,  and  exclusive  of  property  exempt  from 
execution,  and  also  exclusive  of  all  demands  for  which  he  may  become 
liable  by  reason  of  the  forfeiture  of  any  appeal  or  bail  bond  on  which 
he  is  surety;  that  his  property  consists  of  the  following  described  real 
estate  situated  in  the  said  city  and  county,  and  of  the  following  values, 

to  vit:  ;  that  the  same  stands  of  record  in  his  name  in  the  records 

of  said  city  and  county  in  book  of  deeds,  page  ,  and  in  book 

of  deeds,  page ,  and  was  there  recorded  on  or  about  the  

(lay  of  ,  19—;  that  the  same  is  subject  to  the  following  encum- 
brances, and  none  other,  either  of  record  or  not  of  record,  to  wit:  ; 

that  he  is  the  owner  of  said  property  in  good  faith ;  and  that  the  same 
was  not  conveyed  to  him  for  the  purpose  of  enabling  him  to  become 
surety  upon  this  or  any  other  bond. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

T, ,  warrant  and  bond  clerk  of  the  city  and  county  of  San  Fran- 
cisco, have  examined  the  within  bond  and  find  it  good  in  law.     T  have 


Forms  2289-2291         Cowdery's  Form  Book.  814 

examined  the  records  of county,  and  find  the  property,  its  owner, 

and  encumbrances  herein  described  to  be  correct  according  to  said 
records. 

Dated ,  19—. 

[Official  signature.] 

NOTE. — A  similar  affidavit  must  be  made  by  each  surety.  The  court  or 
magistrate  may  refuse  to  accept  any  person  as  bail  who  is  not  a  resident  of  the 
county  where  bail  is  offered:   See  Cal.  Pen.  Code,  sec.  1279. 

No.  2289.    Affidavit  of  Sureties  on  Official  Bond. 

State  of  , 

County  of ,  ss. 

,  ,  and  ,  whose  names  are  subscribed  as  sureties  to  the 

above  bond,  being  severally  duly  sworn,  each  for  himself  deposes  and 

says  that  he  is  a  resident  and  freeholder  within  said  county;  and 

that  he  is  worth  the  amount  for  which  he  becomes  surety  on  said  bond 
over  and  above  all  his  debts  and  liabilities,  in  unencumbered  property, 
situated  within  this  state,  exclusive  of  property  exempt  from  execution 
and  forced  sale. 

[Signatures.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Pol.  Code,  sec.  955. 

No.  2290.    Notice  of  Exception  to  Sufficiency  of  Sureties  on  Undertak- 
ing on  Claim  and  Delivery. 
[Title  of  Court  and  Cause.] 
To  ,  Sheriff  of  the  County  of  . 

You  will  please  take  notice  that  tlie  defendant  in  the  above-entitled 
action  does  not  accept  the  undertaking  given  on  the  part  of  the  plaintiff 
in  the  said  action,  upon  your  taking  the  personal  property  claimed  by 
him,  but  expressly  excepts  to  the  same,  and  to  the  sufficiency  of  the  sure- 
ties thereto;  and  that  such  sureties,  and  each  of  them,  are  required  to 
justify,  as  provided  by  law. 

Dated  this day  of  ,  19 — . 

,  Attorney  for  Defendant. 

No,  2291.    Notice  That  Defendant  Excepts  to  Sufficiency  of  Sureties  on 

Attachment  or  Appeal  Bond — Justice's  Court. 
[Title  of  Court  and  Cause.] 
E.  I.,  Esq.,  Constable: 

You  will  please  take  notice  that  the  defendant  in  this  action  hereby 
excepts  to  the  sufficiency  of  the  sureties  upon  plaintiff's  undertaking 
on  appeal  [or  attachment]  filed  herein. 

Dated . 

[Signature.] 

NOTE. — California,  Code  CIt.  Proc,  sec.  867,  attachment.  Attachment  on 
vessels,  sec.  821.     On  appeal  to  superior  court,  sec.  978. 


815  Justification  of  Sureties.      Forms  2292-2295 

No.  2292.    Notice  to  Defendant  That  His  Sureties  must  Justify — Jus- 
tice's Court. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice,  that  the  defendant's  sureties  on  his  under- 
taking herein,  on  release  from  arrest  [or  iu  other  cases]  will  be  required 
to  justify. 

Dated . 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sec.  978.  Attachment,  sees.  554  555. 
On  Appeal  sees.  978-992. 

No.  2293.    Notice  of  Justification  of  Sureties. 
[Title  of  Court  and  Cause.] 

Sir:  Please  take  notice  that  the  sureties  upon  the  nndertoking  of  the 
plaintiff  in  the  above-entitled  action  will  justify  before  the  county  clerk, 
at  his  ofiSee  in  the  city  and  county  of  San  Francisco,  on  the  second  day 
of  December,  1917,  at  two  o'clock  P.  M. 

Dated . 

[Signature.] 

NOTE. — In  attachment:  Cal.  Code  Civ.  Proc,  sees.  554,  555;  administrator's 
bond:  Code  Civ.  Proc.,  sec.  1393;  on  appeal:  Code  Civ.  Proc,  sec.  948;  attach- 
ment of  vessel:  Code  Civ.  Proc.,  sec.  821;  on  appeal  to  superior  court:  Code 
Civ.  Proc,  sec.  978;  in  justice's  court,  San  Francisco:  Code  Civ.  Proc,  sec.  92. 

No.  2294.    Notice  of  Justification  of  Sureties — Justice's  Court. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice,  that  defendant's  sureties  on  his  under- 
taking, given  on  appeal  herein,  [or  in  any  other  matter]  will  justify 
before  A.  B.  C,  Esq.,  the  justice  who  issued  the  said  order  of  arrest,  at 
his  office  in  the  town  of  Downieville,  on  Monday,  August  2,  1917,  at 
2  o'clock  P.  M. 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec  978. 

No.  2295.    Examination  and  Justification  of  Sureties, 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

. ,  being  duly  sworn,  deposes  and  says : 

I  am  a  citizen  of  the  United  States  of  America.     I  am years  of 

age.     I  reside  in  the  state  of  California,  and  have  so  resided  years 

and  upward.     I  am .     My  dwelling-house  is  No. street,  in . 

My  wife  and  family  reside  with  me  at  that  place.     My  business  is  that 
of and  I  carry  on  business  as  such  at  No.  street,  in  . 


Form  2295  Cowdery's  Form  Book.  816 

I  own  real  estate  in  the  ;  it  consists  of  .     I  paid  for  that 

property  the  sum  of  $ .     The  land,  exclusive  of  improvements,  is 

worth  at  least  $ .     The  improvements  are  worth  at  least  $ .     The 

premises  are  insured  for  $ . 

By  the  polic —  of  insurance  any  loss  which  may  accrue  is  made  pay- 
able to .     The  conveyance  of  the  land  and  premises  above  mentioned 

was  from and  was  recorded  in  the  office  of  the  recorder  of  the  city 

and  county  of about .  That  convej^ance  is,  to  my  best  knowl- 
edge and  recollection,  a deed.     It  conveyed  the  premises  to  me,  in 

my  own  right.  It  is  made  to  me  in  my  individual  name,  and  the  title 
is  now,  and  ever  since  I  purchased  the  property  has  remained,  in  my 
individual  name  and  I  do  not  hold  said  property,  or  any  part  of  it,  or 
any  share  or  interest  of  any  kind  in  it,  in  trust  for,  or  in  any  wise  for 
the  benefit  of,  any  other  person  than  myself.  It  is  absolutely  and  exclu- 
sively my  own. 

As  to  mortgages, . 

As  to  taxes  and  assessments,  — — , 

As  to  judgments,  . 

I  am  in  partnersliip  with . 


My  debts  and  liabilities  are  as  follows; 


Except  as  above  stated,  I  am  not  liable  as  bail,  bondsman,  surety,  in- 
dorser,  guarantor,  indemnitor  or  otherwise,  in  any  manner  whatever; 
and,  except  as  so  stated,  I  do  not  owe  any  money  and  am  not  indebted 
to  any  person,  firm  or  company  in  any  sum,  or  upon  any  account  what- 
ever. No  person  holds  a  power  of  attorney  from  me  for  the  sale  of  or 
the  disposal  of  the  property  I  have  mentioned.  I  have  not  received  any 
consideration,  nor  do  I  expect  any,  for  going  on  the  undertaking  in  the 
above-mentioned  case.     I  have  not  been  indemnified. 


Sworn  to,  before  me,  this day  of  ,  19 — . 

,  Deputy  County  Clerk. 


JUVENILE  COURT  LAW. 

2300.  Petition. 

2301.  Petition  under  section  1,  subdivision  13,  Juvenile  Court  Law,  1915. 

2302.  Contributory  complaint. 

2303.  Certification  to  juvenile  court. 

2304.  Warrant. 

2305.  Bench  warrant. 

2306.  Warrant  for  arrest  of  person  having  control  of  delinquent  or  de- 

pendent child. 

2307.  Citation. 

2308.  Waiver  of  service  of  citation. 

2309.  Waiver  of  service  of  citation  and  consent  to  adjudication  as  ward 

of  the  juvenile  court. 

2310.  Notice  of  hearing  petition. 

2311.  Affidavit  of  posting  notice  of  hearing. 

2312.  Subpoena, 

2313.  Decree. 


817  Juvenile  Court  Law.  Form  2300 

2314.  Conmiltment  to  probation  officer. 

2315.  Commitment  to  reputable  person. 

2316.  Commitment  to  private  institution. 

2317.  Commitment  to  state  school. 

2318.  Idaho — Commitment  to  industrial  training  school. 

2319.  Idaho — Clerk's  certificate  to  be  attached  to  commitment. 

2320.  Utah — Notice  of  hearing  as  to  delinquent. 

No.  2300.    Petition. 
[Title  of  Court.] 

The  People  of  the  State  of  California  on  Behalf  of , ,  Alleged 

Ward —  of  the  Juvenile  Court. 
To  the  Above-entitled  Honorable  Court: 

Your  petitioner,  ,  respectfully  represents: 

That  there  is  now within  the  city  and  county  of  San  Francisco, 

state  of  California,  the  following  named  person — ,  under  the  age  of 
twenty-one  years,  to  wit: 

Name.  Age  About.  Name.  Age  About. 


That  said  person —  comes  within  the  provisions  of  subdivision — 
of  section  1  of  the  juvenile  court  law  of  the  state  of  California,  ap- 
proved June  5,  1915. 

That  petitioner  is  informed  and  believes,  and  therefore  on  informa- 
tion and  belief  alleges,  that  the  facts  bringing  said  person —  within 
the  provisions  of  such  subdivision  are :  . 

That  said  person now  in  the  custody  and  control  of  h . 


That  the  father  of  said  person —  is  ,  who  resides  at  ,  and 

the  mother  of  said  person —  is  ,  who  resides  at  . 

Wherefore,   your   petitioner   prays   that   this   honorable    court    set    a 

time  for  the  hearing  of  this  petition;  that  be  cited  to  appear  at 

said  time  and  bring  with said  person — ,  and  to  show  cause,  if  any 

have,  why  such  person —  should  not  be  adjudged  a  ward —  of  the 

juvenile  court. 

And  that  this  honorable  court  at  such  time  inquire  into  the  truth 
of  the  statements  of  fact  herein  alleged,  and  in  pursuance  of  the  stat- 
ute in  such  cases  made  and  provided,  make  such  order  in  the  premises 
as  to  this  honorable  court  may  seem  meet  and  proper. 

,  Petitioner. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being  duly  sworn,  deposes  and  says:  That  — ^he  is  the  petitioner 

in  the  foregoing  matter;  that  — he  has  read  the  forci^oing  petition  and 
knows  the  contents  thereof;  that  the  same  is  true  of  knowledge, 

Form  Book — 52 


Form  2301  Cowdery's  Form  Book.  818 

except  as  to  those  matters  therein  stated  on  information  or  belief,  and 
that  as  to  those  matters,  — he  believes  the  same  to  be  true. 

,  Petitioner. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 —  A.  D. 

Deputy   County   Clerk,   Ex-officio   Clerk  of  the  Superior   Court. 
[Endorsed:] 
Order  Setting  Time  and  Directing  Citation  to  Issue. 
Upon  the  filing  of  the  within  and  foregoing  petition,  the  hearing 

of  said  petition  is  hereby  set  for  tlie  day  of  ,  19 — ,  at  • 

o'clock,  in  the  noon  of  said  day,  in  the  superior  court   of  the 

state  of  California,  in  and  for  the  city  and  county  of  San  Francisco, 
Department  No.  2,  Juvenile,  at  the  courtroom  of  said  court,  at  2344 
Sutter  street,  in  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia. 

Citation  shall  issue  requiring to  be  present  at  said  time  and  to 

bring  with  said  person. 

County  Clerk  and  Ex-officio  Clerk  of  the  Superior  Court. 

No.  2301.    Petition  Under  Section  1,  Subdivision  13,  Juvenile  Court 

Law,  1915. 
[Title  of  Court  and  Cause.] 
To  the  Above-entitled  Honorable  Court: 

Your  petitioner,  ,  respectfully  represents: 

That  there  is  now within  the  city  and  county  of  San  Francisco, 

state  of  California,  a  person  named  ; 

That  said  pei-son  is  under  the  age  of  twenty-one  years,  to  wit,  of  the 
age  of years; 

That  said  person  comes  vnthin  the  provisions  of  subdivision  13  of 
section  1  of  the  juvenile  court  law  of  the  state  of  California,  approved 
June  5,  1915 ; 

That  petitioner  is  informed  and  believes  and  therefore  on  informa- 
tion and  belief  alleges  that  the  facts  bringing  said  person  within  the 
provisions  of  such  subdivision  are: 

That  said  person,  prior  to  the  time  of  filing  this  petition,  and  on  or 
about  the day  of ,  19—,  in  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  did  then  and  there  willfully,  unlawfully  and 

• ,  and  that  all  of  said  acts  of  said  person  were  and  are  contraiy 

to  the  form,  force  and  effect  of  the  statute  in  such  cases  made  and 
provided,  and  against  the  peace  and  dignity  of  the  people  of  the  state 
of  California; 

That  said  person  now  in  the  custody  and  control  of  h . 

That  the  father  of  said  person  is ,  who  resides  at  ,  and  the 

mother  of  said  person  is  ,  who  resides  at  . 


819  Juvenile  Court  Law.  Form  2302 

Wherefore,   your   petitioner   prays   that   this   honorable    court    set    a 

time  for  the  hearing  of  this  petition;  that  be  cited  to  appear  at 

said  hearing  and  bring  with said  person  and  to  show  cause,  if  any 

have,  why  such  person  should  not  be  adjudged   a  ward  of  the 

juvenile  court. 

And  that  this  honorable  court  at  such  time  inquire  into  the  truth 
of  the  statements  of  fact  herein  alleged,  and  in  pursuance  of  the  stat- 
ute in  such  cases  made  and  provided,  make  such  order  in  the  premises 
as  to  this  honorable  court  may  seem  meet  and  proper. 

,  Petitioner. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being  duly  sworn,  deposes  and  says:  That  — he  is  the  peti- 
tioner in  the  foregoing  matter;  that  —he  has  read  the  foregoing  peti- 
tion and  knows  the  contents  thereof;  that  the  same  is  true  of  — — ■ 
knowledge,  except  as  to  those  matters  therein  stated  on  information 
or  belief,  and  that  as  to  those  matters,  —he  believes  the  same  to  be 
true.  

Subscribed  and  sworn  to  before  me  this day  of ,  19—  A,  D. 

Deputy  County  Clerk,  Ex-ofiEicio   Clerk  of  the  Superior  Court. 

No.  2302.    Contributory  Complaint. 
[Title  of  Court  and  Cause.] 

Personally   appears  before   me  this   day  of  ,   19 — ,  , 

who  on  oath  makes  complaint  and  deposes  and  says,  that  on  the 


<3ay  of  ,  19 — ,  at  the  city  and  county  of  San  Francisco,  state  of 

California,  the  crime  of  misdemeanor,  to  wit :  Violating  the  provisions 
of  section  21  of  an  act  of  the  legislature  of  the  state  of  California, 
approved  June  5,  1915,  entitled  the  juvenile  court  law,  was  committed 

y,j   (whose   real   name  unknown   to   this    complainant)    as 

follows : 

That  said  person  did  then  and  there,  willfully  and  unlawfully  com- 
mit certain  acts  which  tended  to  cause  and  encourage  one  — — ,  a 
person  under  the  age  of  twenty-one  years,  to  come  within  the  provisions 

of  subdivision  of  section  1  of  said  juvenile  court  law  and  which 

contributed   thereto,    namely:  ,    contrary   to   the   form,    force    and 

effect  of  the  statute  in  such  cases  made  and  provided  and  against  the 
peace  and  dignity  of  the  people  of  the  state  of  California. 

And  this  complainant  upon  oath  accuses  the  said  ,  (whose 

real  name unknown  to   this   complainant)    of   having   committed 

the  said  crime,  and  prays  that  the  said  accused  may  be  brought  before 
this  honorable  court  and  dealt  with  according  to  law. 

,  Complainant. 

Residence  . 


Subscribed  and  sworn  to  before  me,  this  day  of ,  19 — . 

,  Judge  of  the  Superior  Court. 


Fonns  2303, 2304         Cowdery's  Form  Book.  820 

It  appearing  to  me  that  the  offense  in  the  within  complaint  mentioned 
has  been  committed,  and  that  there  is  sufficient  cause  to  believe  the 

within  named  guilty  thereof,  I  hereby  order  that  — he  be  held 

to  answer  the  same  before  the  superior  court  of  the  state  of  California 
in  and  for  the  city  and  county  of  San  Francisco,  and  that  — he  be  ad- 
mitted to  bail  in  the  sum  of dollars,  and  —he  is  hereby  committed 

to  the  custody  of  the  sheriff  of  the  city  and  county  of  San  Francisco, 
state  of  California,  until  — he  gives  such  bail. 

,  Judge  of  the  Superior  Court. 

No.  2303.    Certification  to  Juvenile  Court. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  the  Superior  Court  of  the  State  of  California,  in 
and  for  the  City  and  County  of  San  Francisco,  Sitting  in  Depart- 
ment No.  2  Thereof,  Juvenile. 

This  is  to  certify: 

(a)  That  is  (are)   charged  in  the  police  court  of  the  city  and 

county  of  San  Francisco,  state  of  California,  with  the  offense  of  

to  wit:  . 

(b)  That  said  person  appears  to  be  under  the  age  of  eighteen  years 
and  that  the  date  of  his  birth  is . 

(c)  That  on  the  day  of  ,  19—,  proceedings  against  said 

person  were  suspended  by  reason  of  the  fact  that  he  appeared  to  be 
under  the  age  of  eighteen  years. 

Wherefore,  it  is  ordered  that  said  defendant  be  forthwith  taken 
before  the  juvenile  court  in  the  city  and  county  of  San  Francisco,  for 
consideration  and  proceedings  under  the  juvenile  court  law  of  the  state 
of  California. 

Done  in  open  court  this  day  of ,  19 — . 

,  Judge  of  said  Police  Court. 

No.  2304.    Warrant. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California  to  Any  Sheriff,  Constable,  Mar- 
shal or  Policeman  in  this  State,  of  the  City  and  County  of  San 
Francisco. 
A  complaint  upon  oath  having  been  this  day  laid  before  me,  Frank 
J,  Murasky,  Judge  of  the  superior  court,  Department  No.  2,  Juvenile, 
by ,  alleging  that  the  crime  of  misdemeanor,  to  wit :     Violating  sec- 
tion 21  of  an  act  of  the  legislature  of  the  state  of  California,  approved 
June  5,  1915,  and  entitled  the  juvenile  court  law,  has  been  committed, 

and   accusing  (real   name  unknown)    thereof,  you   are  therefore 

commanded  forthwith  to  arrest  the  above-named  accused  (if  pointed 
out)  and  to  bring  said  person  before  this  coiart  forthwith,  or  if  said 
court  be  not  in  session,  before  the  nearest  or  most  accessible  superior 
judge  in  this  city  and  county. 


821  Juvenile  Court  Law.  Form  2304 

Witness  my  hand  and  seal  of  the  superior  court,  Department  No.  2, 

Juvenile,  of  the  city  and  county  of  San  Francisco,  this  day  of 

,  A.  D.  19— 

,  Judge  of  the  Superior  Court. 

[Endorsed:] 

State  of  California, 

City  and  County  of  San  Francisco. 

Superior  Court,  De^Dartment  No.  2,  Juvenile. 
The  within-named  defendant  may  be  admitted  to  bail,  by  bond  in 
the  sum  of dollars  or  by  the  deposit  of  dollars  in  coin. 


Judge  of  the  Superior  Court  of  the  City  and  County  of  San  Francisco, 
Juvenile. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

Superior  Court. 

This  warrant  may  served  and  executed  day  or  night,  and  the  arrest, 
as  commanded  in  this  warrant,  is  hereby  authorized  and  directed  to 
be  made  at  any  time  of  the  day  or  night. 

Dated  this  day  of  ,  19 — . 

Judge  of  the  Superior  Court  of  the  City  and  County  of  San  Francisco, 

Department  No.  2,  Juvenile. 
State  of  California, 

City  and  County  of  San  Francisco, — ss. 

To  the  Honorable  Superior  Court  of  the  City  and  County  of  San  Fran- 
cisco. 
I,  the  undersigned  police  officer,  do  hereby  make  this  my  return  to 
this  warrant,  and  do  hereby  certify  that  I  have  executed  and  served 

this  warrant  by  arresting  the  within-named  defendant  this  day 

of  ,  A.  D.  19 — ,  who  at  the  time  of  the  arrest  declares  h —  tme 

name  to  be  ,  and  I  do  herewith  bring  said  defendant  before  the 

Honorable  the   Superior  Court  as  commanded  in  this  warrant. 


Police  Officer  of  the  City  and  County  of  San  Francisco. 


Form  2305  Cowdery's  Form  Book.  822 

No.  2305.     Bench  Warrant. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  any  Sheriff,  Constable,  Mar- 
shal, Policeman  or  Special  Officer  in  this  State: 

A    verified   petition    having    been    filed    in    the    above-entitled    court 

alleging  that  is   a   person   coming   within   the   provisions   of   the 

juvenile  court  law  approved  June  5,  1915,  and  it  appearing  to  this 
court  that  in  order  to  insure  the  attendance  of  said  person  at  said 
court,  it  is  necessary  that  a  warrant  of  arrest  do  issue  on  the  order 
of  said  court; 

Now,  therefore,  it  is  hereby  ordered  that  a  warrant  do  issue  for  the 
arrest  of  said  person,  and  that  until  said  person  can  be  brought  before 
said  court,  said  person  be  detained  in  the  place  legally  provided  for 
the  detention  of  persons  of  the  age  of  said  person. 

You  are,  therefore,  commanded  forthwith  to  arrest  the  above-named 

person and  to  bring  said  person  before  this  court,  or  if  the  court 

be  not  in  session  you  are  commanded  to  deliver  said  person  into  the 
custody  of  the  sui^erintendent  of  the  Juvenile  Detention  Home  of  this 
city  and  county,  to  be  there  detained  until  the  next  regular  session  of 
this   court. 

Done  in  open  court  this  day  of  ,  19 — . 

,  Judge  of  the  Superior  Court. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

I  hereby  certify  that   I  received   the  within  wan-ant  on  the  


day  of ,  19 — ,  and  that  I  executed  the  same  by  arresting  the  within 

named  person  and  by  bringing  said  person  into  court  this  day 

of  .  19—. 


By . 

[On  reverse  side:] 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

The  within  named  may  be  admitted  to  bail,  by  bond,  in  the 

sum  of dollars  or  by  the  deposit  of dollars  in  coin. 


Judge  of  the  Superior  Court,  Department  2,  of  the  City  and  County 
of  San  Francisco. 

State  of  California, 

City  and  County  of  San  Francisco, 

Superior   Court,   Department   2, — ss. 

This  warrant  may  be  served  and  executed  day  or  night,  and  the 
arrest,  as  commanded  in  this  warrant,  is  hereby  authorized  and  di- 
rected to  be  made  at  any  time  of  the  day  or  night. 

Dated  this  day  of  ,  19 — -. 


Judge  of  the  Superior  Court  of  the  City  and  County  of  San  Francisco. 


823  Juvenile  Court  Law.  Forms  2306, 2307 

No.  2306.    Warrant  for  Arrest  of  Person  Having  Control  of  DelincLuent 

or  Dependent  Child. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  any  Sheriff,  Constable,  Mar- 
shal, Policeman  or  Special  Officer  in  this  State: 

A    verified   petition    having   been    filed    in    the    above-entitled    court 

charging  with  being  a  person  under  the  provisions  of  the 

juvenile  court  law  approved  March  8,  1909,  and  amended  April  5,  1911, 
and  it  appearing  to  this  court  to  be  necessary  to  insure  the  attendance 

of  ,  the  of  said  person,  at  said  court,  or  to  secure  obedience 

to  the  orders  of  said  court; 

Now,  therefore,  it  is  hereby  ordered,  that  a  warrant  do  issue  for 
the  arrest  of  said  . 

You  are  therefore  commanded  forthwith  to  arrest  the  above  named 
and  to  bring  said before  this  court  on  the  day  of 


19 — ,  at o'clock  in  the  noon  of  said  day,  the  time  for  which 

the  hearing  of  this  matter  is  set. 

Done  in  open  court  this day  of ,  19 — . 

• ,  Judge  of  said  Superior  Court. 

,  County  Clerk. 

By  ,  Deputy  Clerk. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

I  hereby  certify  that  I  received  the  within  warrant  on  the  da^ 

of  ,  19 — ,  and  that  I  executed  the  same  by  arresting  the  within 

named  and  by  bringing  said  into  court  this  day  of 

,  19—. 

By . 

No.  2307.    Citation. 

[Title  of  Court  and  Cause.] 

To ,  the of  the  Above-named  Person. 

You  are  hereby  notified  that  there  has  been  filed  in  this  honorable 

court  a  verified  petition  showing  that  the   above-named  person  

within  said  city  and  county  and  is  (are)  a  person —  coming  within 
the  provisions  of  the  juvenile  court  law,  approved  June  5,  1915. 

Now,  therefore,  you  are  hereby  cited  and  directed  to  appear  before 
this   honorable   court,   and   bring  with   you   and   have   then   and   there 

with  you  said  person —  on  the  day  of ,  19 — ,  at  o'clock 

• M.,  at  the  courtroom  of  said  Juvenile  Court  Building  at  No.  2344 

Sutter  street,  San  Francisco,  California,  and  then  and  there  show  cause, 
if  any  you  have,  why  said  person  should  not  be  declared  a  ward  of  the 
juvenile  court,  and  to  further  show  cause,  if  any  you  have,  why  said 

court  should  not  make  an  order  commanding  you  as  the  of  said 

person  to  pay  for  the  support  and  maintenance  of  said  person  in  ac- 
cordance with  the  provisions  of  said  juvenile  court  law. 


Forms  2308, 2309         Cowdery's  Form  Book.  824 

And  failure  on  your  part  to  obey  any  of  the  commands  herein  will 
be  held  to  be  contempt  of  this  honorable  court. 

Witness  the  Honorable  ,  Judge  of  said  superior  court,  and  the 

seal  of  this  court  this day  of ,  19 — . 

Attest  ,  Clerk. 

By ,  Deputy  Clerk. 

[Endorsed:] 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

being  duly  sworn,  deposes  and  says:  That  he  is  a  white  male 

resident  of  said  city  and  county,  and  over  the  age  of  twenty-one  years; 
that  lie  is  not  interested  in  the  within  matter,  and  is  competent  to  be 
a  witness  upon  the  hearing  of  the  within  proceedings;  that  he  served 
the  within  citation  by  showing  the  within  original  to  each  of  the 
following  named  persons,  and  delivering  a  true  copy  thereof  to  each 

of  persons,  personally,  on  the  day  of ,  19 — ,  at  said  city  and 

county   of   San  Francisco,  to  wit:  . 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 

,  Deputy  County  Clerk. 

No.  2308.    Waiver  of  Service  of  Citation. 

[Title  of  Court  and  Cause.] 

This  is  to  certify  that  I,  the  undersigned,  am  the of  the  above- 
named  person — ;  that  I  do  hereby  waive  service  of  citation  on  me, 
and  do  hereby  consent  to  a  hearing  of  the  petition  filed  in  the  above- 
entitled    cause   before   the   above-entitled   court   on   the   day   of 

• ,  19—,  at  —  M. 

San  Francisco,  California,  19 — . 

Witness  to  signature: 


No.  2309.    Waiver  of  Service  of  Citation  and  Consent  to  Adjudication 

as  Ward  of  the  Juvenile  Court. 
[Title  of  Court  and  Cause.] 

This  is  to  certify  that  I  am  the  of  the  above-named  person; 

that  I  have  read  the  petition  in  the  above-entitled  cause;  that  I 

fully  understand  the  contents  of  the  said  petition  and  the  purpose  of 
the  proceeding  in  which  said  petition  was  filed,  especially  as  it  con- 
cerns said  person — ,  and  any  right  I  may  have  to  the  custody  or  con- 
trol of  said  person — ;  that  I  hereby  waive  the  issuance  and  service 
upon  me  of  any  notice  or  citation  in  said  cause;  that  I  consent  to  the 
hearing  of  said  cause  by  the  above-entitled  court  at  any  time  it  sees 
fit;  and  that  I  hereby  indorse  the  said  petition  and  do  hereby  request 

that  said  person —  be  declared  ward —  of  the  juvenile  court,  and 

that  the  said  court  do  make  such  other  or  further  order  relatinof  to 


825  Juvenile  Court  Law.  Forms  2310-2312 

the  care,  custody  or  control  of  said  person — ^  or  otherwise,  as  to  it 
may  seem  meet  and  proper. 

San  Francisco,  California, ,  19 — , 

Witness  to  signatui-e: 


No.  2310.    Notice  of  Hearing  Petition. 

[Title  of  Court.] 

In  the  Matter  of ,  an  Abandoned  Child. 

Notice  is  hereby  given  that  has  filed  in  the  above-entitled  court 

a   verified   petition   praying   that   be    declared    and   adjudged    an 

abandoned  child  within  the  meaning  of  article  IV,  section  22  of  the 
Constitution  of  the  state  of  California  and  within  the  meaning  of  sec- 
tion 224  of  the  Civil  Code  of  the  state  of  California  and  that  said 

petition  has  been  set  for  hearing  for  the  day  of  ,  19 — ,  at 

the  hour  of o'clock  and  all  persons  interested  are  hereby  notified 

to  appear  and  sliow  cause  if  any  they  have  why  said  should  not 

be  declared  an  abandoned  child  as  aforesaid. 


County  Clerk  and  Ex-officio  Clerk  of  the  Superior  Court. 

By  ,  Deputy  Clerk. 

No.  2311.    Affidavit  of  Posting  Notice  of  Hearing. 

[Title  of   Court.] 

In  the  Matter  of ,  an  Abandoned  Child. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being  duly  sworn,  says  that  he  is  a  white  male  citizen  of  the 

United  States,  over  the  age  of  eighteen  years;  that  he  is  not  a  party 

to  nor  interested  in  the  above-entitled  matter;  that  on   the  day 

of  ,  19 — ,  he  posted  true  and  correct  copies  of  the  annexed  notice 

which  is  hereby  referred  to,  made  a  part  hereof  and  marked  Exhibit 
"A,"  in  three  of  the  most  conspicuous  places  in  the  aforesaid  city 
and  county,  to  wit :  In  the  United  States  Postoffice  Building,  at  Seventh 
and  Mission  Streets,  in  the  City  Hall,  Market  Street,  between  Eighth 
and  Ninth  Streets,  and  the  Hall  of  Justice,  Kearny  and  Washington 
Streets. 


Subscribed  and  sworn  to  before  me  this  day  of ,  19 — . 

No.  2312.    Subpoena. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California  Send  Greeting  to:  . 

We  command  you,  that  all  and  singular,  business  and  excuses  being 
set  aside,  you  appear  and  attend before  Honorable ,  Judge  of  the 


Form  2313  Cowdery^'s  Form  Book.  826 

juvenile  court  of  tlie  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, at  a  session  of  said  court  to  be  held  at  the  courtroom  of  said 
court  in  the  Juvenile  Court  Building  at  No.  2344  Sutter  Street,  in  the 

city  and  county  of  San  Francisco,  on  the  day  of A.  D.  19 — , 

at  o'clock  —  M.,  then  and  there  to  testify  in  the  above-entitled 

matter  now  pending  in  said  juvenile  court,  and  for  failure  to  attend 
you  will  be  deemed  guilty  of  contempt  of  court,  and  liable  to  pay  all 
losses  and  damages  sustained  thereby  to  the  parties  aggrieved,  and 
forfeit  one  hundred  dollars  in  addition  thereto. 

By  order  of  our  superior  court  this  day  of ,  A.  D.  19 — . 

Attest  my  hand  and  the  seal  of  said  court  the  year  and  day  last 
above   written. 

,  Clerk. 


By  ,  Deputy  Clerk. 

No.  2313.    Decree. 

[Title  of  Court  and  Cause.] 

,  a  resident  of  the  city  and  county  of  San  Francisco,  state  of 

California,  having  filed  herein  a   duly  verified   petition,   praying  that 

the  above-named  person —  be  declared  dependent  jDerson —  and 

dealt  with  in  accordance  with  the  provisions  of  the  "juvenile  court 
law." 

And  said  petition  coming  on  regularly  for  hearing  on  the  day 

of ,  19—. 

And  it  appearing  to  the  satisfaction  of  the  court  that  is  the 

of  the  above-named  dependent  person —  and  that  the  mother  of 


said  person —  is 

That  said  dependent  person  is  aged  about  years;  and  said 

dependent  person is  aged  years. 

That  due  and  legal  notice  of  the  hearing  of  said  petition  was  given 

the  ,  and  the  of  said  person —  and  that  due  and 

legal  notice  of  the  hearing  of  said  petition  was  given  to ,  the ■- 

having  the   care   and   custody   of  said   person — . 

And  it  appearing  to  be  for  the  best  interests  of  said  person —  that 
be  committed  to  the  care  and  custody  of . 

And   it    appearing   that    said   as   the   of   said    dependent 

person —  is  able  to  pay  for  the  support  and  maintenance  of  said  de- 
pendent person —  the  sum  of  . 

It  is  therefore  ordered,  adjudged  and  decreed  that  said  dependent 

person   be   and   hereby   declared    dependent    person — 

within  the  meaning  of  the  "juvenile  court  law"  and  that  said  de- 
pendent  person —  be   and   hereby  committed   to   the    care 

and  custody  of  the  . 

And  it  is  further  ordered,  adjudged  and  decreed  that  the  

of  said  dependent  person — ,  be  and  hereby  is  ordered  and  directed 

to  pay  to  the  city  and  county  of  San  Francisco,  state  of  .California, 
the  sum  of  for  the  support  and  maintenance  of  said . 


827  Juvenile  Court  Law.  Forms  2314, 2315 

And  said  hereby  ordered  to  exercise  no  control  over  said  de- 
pendent person . 

Done  in  open  court  this  day  of ,  19 — . 

,  Judge  of  the  Superior  Court. 

No.  2314.    Commitment  to  Probation  OfBlcer. 

[Title  of  Court  and  Cause.] 

The    above-named    person — ,    ,    having   been    regularly   brought 

before  the  above-entitled  court  on  the  day  of  ,  19 — ,  upon 

the  verified  petition  of  ,  the  of  said  person  ,  due  and 

legal  notice  having  been  given  to  all  parties  entitled  thereto;  and 

It  duly  appearing  to  the  said  court  that  said  person —  come —  within 

the  terms  of  subdivision  of  section  1  of  the  juvenile  court  laAV, 

approved  June  5,  1915,  that  — he —  should  be  adjudged  ward — 

of  the  juvenile  court,  and  that  said  court  should  make  such  further 
order  as  may  be  necessary  for  the  care  of  said  ward — ; 

Now,  therefore,  it  is  hereby  expressly  found  that  all  statements  of 
fact  contained  in  said  petition  are  true,  and 

It  is  hereby  ordered,  adjudged  and  decreed  that  said ward —  of 

the  juvenile  court  and  that  — he^  be  and  hereby  connnitted  to 

the  care  of  the  probation  officer  of  the  city  and  county  of  San  Fran- 
cisco ; 

That  said  ward —  shall  be  and  remain  in  the  home  of ■  at . 

That  said  ward —  shall  be  subject  to  the  visitation  of  and  shall  re- 
port to  the  said  probation  officer  as  often  as  said  probation  officer 
may  require  and  shall  be  subject  to  be  returned  to  the  above-entitled 
court  for  further  proceedin(;s  whenever  such  action  may  appear  neces- 
sary or  desirable  to  said  probation  officer. 

Done  in  open  court  this  day  of  ,  19 — . 

,  Judge  of  the  Superior  Court. 

No.  2315.    Commitment  to  Reputable  Person. 
[Title  of  Court  and  Cause.] 

The  above-named  person  ,  having  been  regularly  brought  before 

the  above-entitled  court  on  the  day  of  ,  19—,  upon  the  veri- 
fied petition  of  ,  the  of  said  person  having  been  cited  to 

appear  at  said  hearing  by  service  of  citation  (or  having  waived  service 
of  citation),  due  and  legal  notice  having  been  given  to  all  parties 
entitled  thereto,  and 

It  duly  appearing  to  the  said  court  that  said  person  comes  witliin  the 
terms  of  subdivision of  section  1  of  the  juvenile  court  law,  ap- 
proved June  5,  1915,  that  — he  should  be  adjudged  a  ward  of  the 
juvenile  court,  and  that  said  court  should  make  such  further  order 
as  may  be  necessary  for  the  care  of  said  ward. 

Now,  tlierefore,  it  is  hereby  expressly  found  that  all  the  statements 
of  fact  contained  in  said  petition  are  true  and 


FoiTQ  2316  Cowdery's  Form  Book.  828 

It  is  hereby  ordered,  adjudged  and  decreed  that  said  is  a  ward 

of  the  juvenile  court;  that  — he  be  and  hereby  is   committed  to  the 

home  and  care  of  ,  residing  at  ,  a  reputable  person   of  good 

moral  character,  until  said  person  attains  the  age  of  twenty-one  years 
on  the  day  of  ,  19 — ,  unless  legally  discharged;  and 

This  court,  finding  that  ,  the  of  said  person  is  able  to  pay 

toward  the  cost  of  the  support  and  maintenance  of  said  person  the 
sum  of dollars  per  month, 

It  is  hereby  further  ordered  that  said  do  pay  monthly,  in  ad- 
vance, for  the  expense  of  the  support  and  maintenance  of  said  ward 

to  the  sum  of  dollars  per  month,  beginning  on  the  day 

of ,  19 — ,  and  continuing  so  long  as  said  person  shall  remain  in  such 

care,  or  until  the  further  order  of  this  court. 

Done  in  open  court  this  day  of  ,  19 — . 

,  Judge  of  the  Superior  Court. 

No.  2316.    Commitment  to  Private  Institution. 
[Title  of  Court  and  Cause.] 

The  above-named  person — , ,  having  been  regularly  brought  before 

the  above-entitled  com-t  on  the  day  of  ,  19 — ,  upon  the  veri- 
fied petition  of  ,  the  of  said  person —  having  been  cited  to 

appear  at  said  hearing  by  service  of  citation  (or  having  waived  service 
of  citation)  due  and  legal  notice  having  been  given  to  all  parties  en- 
titled thereto,  and 

It  duly  appearing  to  the  said  court  that  said  person —  come —  within 

the  terms  of  subdivision  of  section  1  of  the  juvenile  court  law, 

approved  June  5,  1915,  that  — he —  should  be  adjudged  ward — 

of  the  juvenile  court,  and  that  said  court  should  make  such  further 
order  as  may  be  necessary  for  the  care  of  said  ward — ; 

Now,  therefore,  it  is  hereby  expressly  found  that  all  statements 
of  fact  contained  in  said  petition  are  true  and 

It  is  hereby  ordered,  adjudged  and  decreed  that  said  is   (are) 

— ward —  of  the  juvenile  court;  that  — he —  be  and  hereby  is   (are) 

'Committed   to   the    care   of   ■ ,   a   corporation   embracing   within   its 

objects  the  purpose  of  caring  for  or  obtaining  homes  for  such  persons 
and  willing  and  able  to  receive  and  care  for  said  ward,  until  said 
person —  attain —  the  age  of  twenty-one  years;  and 

This  court,  finding  that  ,  the  of  said  person —  is  able 

to  pay  toward  the  cost  of  the  support  and  maintenance  of  said  person — • 
the  sum  of  dollars  per  month. 

It  is  hereby  further  ordered  that  said  do  pay  monthly,  in  ad- 
vance, for  the  expense  of  the  support  and  maintenance  of  said  ward — 
to  the  probation  officer  of  the  city  and  county  of  San  Francisco,  the 

sum  of  dollars  per  month,  beginning  on  the  day  of  , 

19 — ,  and  continuing  so  long  as  said  person —  shall  remain  in  such 
care,  or  until  the  further  order  of  this  court; 

And  this  court  further  finding  that  said  is  unable  to  pay  the 

whole  expense  of  the  support  and  maintenance  of  said  ward-  -,  it  is 


829  Juvenile  Court  Law.  Form  2317 

hereby  further  ordered  that  the  sum  of  dollars  be  paid  monthly 

in  advance  from  the  county  treasury  of  the  city  and  county  of  San 
Francisco  to  beginning  on  the  day  of  ,  19 — ,  and  con- 
tinuing for  a  period  of  six  months  from  said  date. 

Done  in  open  court  this  day  of  ,  19 — . 

,  Judge  of  the  Superior  Court. 

No.  2317.    Commitinent  to  State  School. 
[Title  of  Court  and  Cause.] 

The  above-named  person  ,  having  been  regularly  brought  before 

the  above-entitled  court  on  the day  of ,  19—,  upon  the  verified 

petition  of ,  the of  said  person  having  been  cited  to  appear  at 

said  hearing  by  service  of  citation  (or  having  waived  service  of  citation), 
due  and  legal  notice  having  been  given  to  all  parties  entitled  thereto; 
and 

It  duly  appearing  to  the  said  court  that  said  person  comes  within  the 
terms  of  subdivision  of  section  1  of  the  juvenile  court  law,  ap- 
proved June  5, 1915,  that  —he  should  be  adjudged  a  ward  of  the  juvenile 
court,  and  that  said  court  should  make  such  further  order  as  may  be 
necessary  for  the  care,  custody  and  control  of  said  ward ; 

Now,  therefore,  it  is  hereby  expressly  found  that  all  the  statements 
of  fact  contained  in  said  petition  are  true  and  that  the  welfare  of  said 

person  requires  that  h —  custody  and  control  be  taken  from  h ; 

and 

It  is  hereby  ordered,  adjudged  and  decreed  that  said is  a  ward 

of  the  juvenile  court;  that  h be  and  hereby  is  (are)  wholly  de- 
prived of  the  custody  and  control  of  said  person  and  that  — he  be  and 

hereby  is  committed  to  the  care,  custody  and  control  of  the  until 

said  person  attains  the  age  of  twenty-one  years  on  the day  of  -- — , 

19 — ,  unless  sooner  legally  discharged,  provided  that  said  person,  if  a 
boy,  may,  upon  the  agreement  of  the  superintendents  of  the  Preston 
School  of  Industry  and  the  Whittier  State  School,  be  transferred  from 
one  institution  to  the  other  without  the  further  order  of  this  court ;  and 

This  court,  finding  that  ,  the  of  said  person  is  able  to  pay 

toward  tlie  cost  of  the  support  and  maintenance  of  said  person  the  sum 
of dollars  per  month, 

It  is  hereby  further  ordered  that  said  do  pay  monthly,  in  ad- 
vance, for  the  expense  of  the  support  and  maintenance  of  said  ward  to 
the  probation  officer  of  the  city  and  county  of  San  Francisco,  the  sum 

of dollars  per  month,  beginning  on  the day  of ,  19 — ,  and 

continuing  so  long  as  said  person  shall  remain  in  such  custody  and  con- 
trol, or  until  the  further  order  of  this  court; 

And  this  court  further  finding  that  said  is  unable  to  pay  the 

whole  expense  of  the  support  and  maintenance  of  said  ward,  it  is  hereby 

further  ordered  that  the  sum  of dollars  be  paid  monthly  from  the 

county  treasury  of  the  city  and  county  of  San  Francisco  to ,  begin- 
ning on  the day  of ,  19—,  and  continuing  for  a  period  of  six 

months  from  said  date; 


Form  2318  Cowdeky's  Form  Book.  830 

And  it  is  hereby  further  ordered  that  the  slieriff  of  the  eit)^  and  county 

of  San  Francisco  do  forthwith  take  into  custody  said  and  deliver 

said  person  to  the  superintendent  of  the  said  state  school,  together  with 
this  commitment,  and  this  is  to  authorize  the  said  state  school  to  re- 
ceive, safely  keep,  support  and  maintain  said  person  in  its  custody  and 
control  until  — he  attains  the  age  of  twenty-one  years,  unless  sooner 
legally  discharged. 

Done  in  open  court  this day  of ,  19 — . 

,  Judge  of  the  Superior  Court. 

(N.  B. :  The  original  commitment  must  be  filed  with  the  county  clerk. 
A  certified  copy  should  be  delivered,  with  the  person  committed,  to  the 
sheriff.) 

Name . 

Date  of  birth . 


Place  of  birth  .     [If  foreign  bom,  state  country,  and  number  of 

years  he  has  been  in  the  United  States.] 

Parents — Divorced?     .     Living  apart?     . 

Father:  Name  .    Living?    . 

Addi-ess . 

Place  of  birth— United  States?  .  Foreign?  .  [If  for- 
eign born,  state  country,  and  number  of  years  he  has  been  in 
the  United  States.] 

Occupation . 

Character — Intemperate?    .     In  jail  or  prison?    . 

Mother:  Name .     Living?     . 


Address,  if  divorced,  remarried,  or  living  apart  from  husband  . 

Place  of  birth— United  States?  .  Foreign?  .  If  for- 
eign born,  state  country,  and  number  of  years  she  has  been  in 
the  United  States.] 

Character — Intemperate?     .     In  jail  or  prison?     . 

If  parents  are  dead,  or  lost,  name  and  address  of  guardian  or  ncnr  rela- 
tives   . 

Defendant's    character  —  Use    tobacco?    .     Cigarettes?    .    In- 
temperate ?    . 

Former  convictions  . 


Witness  my  hand  this day  of ,  19 — . 

,  Judge. 

No.  2318.    Idaho — Commitment  to  Industrial  Training  School. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

Be  it  remembered  that  on  the day  of ,  19 — , ,  a  minor  of 

said  county,  under  the   age  of  eighteen  years,   was   charged   with   the 

crime  of ,  and  upon  trial  was  convicted  of  said  offense;  and,  after 

an  examination,  the  court  finds  that  said is  a  suitable  person  to  be 


831  Juvenile  Court  Law.  Forms  2319, 2320 

committed  to  the  instruction  and  discipline  of  the  Idaho  Industrial 
Training  School. 

And  I  further  find  that  the  said  is  a  resident  of  said  county  of 

,  and  will  be years  of  age  on  the day  of ,  19—;  that 

the  name  of  his  father  is ,  whose  residence  is ,  and  whose  occu- 
pation is ;  that  the  name  of  his  mother  is  ,  whose  residence  is 

,  and  whose  occupation  is  . 

I  further  find  and  hereby  certify  that  said resided  with  — — ,  in 

,  county  of ,  in  the  state  of  Idaho,  when  arrested  for  said  of- 
fense.    The  facts  in  relation  to  said  matter  are  as  follows:  . 

That,  aside  from  his  father  and  mother,  the  names  of  his  next  near 
relatives  and  their  residences  are  as  follows:  . 

Now,  therefore,  in  view  of  the  premises  aforesaid,  and  the  judgment 

of  conviction  entered  herein,  it  is  hereby  ordered  that  said be  and  he 

is  hereby  committed  to  the  Idaho  Industrial  Training  School,  located  at 
St.  Anthony,  in  the  state  of  Idaho,  until  he  attains  the  age  of  twenty- 
one  years,  or  until  he  is  legally  discharged  by  the  board  of  trustees  of 
said  school. 

I  therefore  command  you,  ,  that  you  take  such  boy  and  deliver 

him  without  delay  to  the  superintendent  of  said  school,  or  any  other  per- 
son in  charge  thereof. 

Witness  my  hand  this day  of ,  19 — . 

[Official  signature.] 

No.  2319.    Idaho— Clerk's  Certificate  to  be  Attached  to  Commitment. 

State  of , 

County  of  ,  ss. 

I^ ,  clerk  of  the court,  do  hereby  certify  that  the  Honorable 

'-,  whose  signature  is  appended  to  the  foregoing  order  of  commitment. 


was,  at  the  date  thereof,  and  now  is,  the  judge  of  the court. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal 
of  said  court  this day  of ,  19 — . 

[Seal]  >  Clerk. 

NOTE.— See  Idaho  Rev.  Codes  1907,  sec.  824. 

No.  2320.    Utah — Notice  of  Hearing  as  to  Delin(iuent. 
[Title  of  Court  and  Cause.] 

To . 

You  are  hereby  notified  to  appear  within  two  days  after  the  service  of 
this  notice  upon  you,  if  served  within  the  county  wherein  the  above 
proceeding  is  pending;  otherwise,  within  five  daj^s,  and  assert  and  de- 
fend any  rights  to  custody,  control,  or  guardianship  you  may  have  or 
claim  over  or  in  the  above-named  child;  othenvise,  your  default  will  be 
entered  and  the  court  will  proceed  to  hear  and  determine  your  said 
vi"-hts   or  supposed  rights,  in  accordance  with  the  law  and  the  evidence. 

,  Clerk. 

NOTE.— Sco  Utah,  Comp.  Laws  1907,  sec.  720x  5,  Amendts.  1909,  p.  .^27. 


iorm2350  Cowdery 's  Form  Book.  832 


KEEPING  THE  PEACE. 

2350.  Information  for  threatened  offense. 

2351.  Warrant  of  arrest  for  threatened  offense — WasMngton, 

2352.  Undertaking,  or  peace  bond. 

2353.  Commitment  to  keep  the  peace — Oregon. 

No.  2350.    Information  for  Threatened  Offense. 

Before ,  a  Justice  of  the  Peace  of Township,  County  of f 

State  of ,  as  Magistrate. 

[Title  of  Court  and  Cause.] 

,  being  duly  sworn,  makes  complaint  under  oath,  lays  this  his  in- 
formation before  the  magistrate  above  named,  and  says  that  on  the 

day  of ,  19 — ,  in  the  county  of ,  state  of ,  the  crime  of  mis- 
demeanor, namely,  a  threat  to  commit  an  offense  against  the  person  of 

complainant,  was  committed,  to  wit,  by  ,  who  then  and  there,  at 

the of ,  in  said  county  and  state,  did  willfully  and  unlawfully 

threaten  to  kill  this  complainant,  and,  at  said  time  and  place,  exhibited 

a ,  and  said  that  he  would the  complainant  as  soon  as  he  found 

him,  and  that  he  was  tlien  looking  for  complainant;  and  complainant 
further  says  that  he  has  just  cause  to  fear,  and  does  fear,  that  the  said 
■ will  carry  said  threat  into  execution  as  soon  as  he  meets  complain- 
ant, contrary  to  the  form,  force,  and  effect  of  the  statute  in  sucli  cases 
made  and  provided,  and  against  the  peace  and  dignity  of  the  people  of 
the  state  of  . 

Wherefore  affiant  prays  that  your  Honor,  as  such  magistrate,  examine 
affiant  under  oath,  and  any  witnesses  he  may  produce,  and  take  their 
depositions  in  writing,  as  prescribed  by  law;   and  that  a  warrant  be 

issued  for  the  arrest  of  said ,  and  that  he  be  dealt  with  according 

to  law. 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  701. 

See  Alaska,  Comp.  Laws  1913,  sec.  2452;  Arizona,  Rev.  Stats.  (Pen.  Code 
1913),  sec.  760;  California,  Pen.  Code,  sec.  701;  Idaho,  Rev.  Codes  1907,  sec. 
7380;  Montana,  Rev.  Codes  1907,  sec.  8941;  Nebraska,  Rev.  Code  1913,  sec. 
8921  et  seq.;  Nevada,  Eev.  Laws  1912,  sees.  6874-6876;  North  Dakota, 
Comp.  Laws  1913,  see.  10,408  et  seq.;  Oklahoma,  Harris  &  Day's  Code  1910, 
sec.  5563  et  seq.;  Oregon,  Lord's  Oregon  Laws,  sec.  1806  et  seq.;  South 
Dakota,  Comp.  Laws  1913,  sec.  7049  et  seq.;  Utah,  Comp.  Laws  1907,  sec. 
4522;  Washington,  Rem.  Code,  sec.  1936  et  seq.;  Wyoming,  Comp.  Stats. 
1910,  sec.  6301  et  seq. 


833  Keeping  the  Peace.  Forms  2351-2353 

No.  2351.    Warrant  of  Arrest  for  Threatened  Off ense— Washington. 

State  of  , 

County  of ,  ss. 

To  the  Sheriff  or  any  Constable  of  said  County. 

Whereas  has  this  day  complained  in  writing  under  oath  to  the 

undersigned,  one  of  the  justices  of  the  peace  in  and  for  said  county,  tliat 

he  has  just  cause  to  fear,  and  does  fear,  ,  late  of  the  said  county, 

will : 

Therefore,  in  the  name  of  the  state  of  ,  you  are  commanded  to 

apprehend  the  said  ,  and  bring  him  forthwith  before  me,  to  show 

cause  why  he  should  not  give  surety  to  keep  the  peace  and  be  of  good. 

behavior  toward  all  people  of  this  state,  and  the  said  especially, 

and  further  to  be  dealt  with  according  to  law. 

Given  under  my  hand  this day  of ,  19 — . 


Justice  of  the  Peace. 


NOTE.— See  Wash.  Rem.  Code,  sec.  1935. 


No.  2352.    Undertaking,  or  Peace  Bond. 

Know  all  men  by  these  presents  that  we, ,  of ,  county  of , 

state  of  ,  and  and  ,  of  the  same  place,  are,  and  each  of 

us  is,  justly  indebted  to  the  people  of  the  state  of ,  in  the  sum  of 

five  thousand  (5,000)  dollars. 

Sealed  with  our  seals  and  dated  this day  of ,  19 — •. 

The  condition  of  the  above  obligation  is  such  that  whereas  the  above- 
bounden has  been  held  to  keep  the  peace  by  order  of ,  a  jus- 
tice of  the  peace  of township,  county  of ,  state  of ,  made 

on  the day  of ,  19 — : 

Now,  if  the  above-bounden  shall  well  and  truly  keep  the  peace 

toward  the  people  of  the  state  of ,  and  particularly  toward ,  of 

said  township  and  county,  for  the  space  of  six  months  from  the  date 
of  said  order,  then  this  obligation  is  to  be  null  and  void;  otherwise,  to 
remain  in  full  force  and  effect. 

[Signatures.] 

Witnessed  by  me,  and  approved  by  me,  this day  of ,  19 — . 

[Official  signature.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  706. 

This  undertaking  may  be  with  one  or  more  sufficient  sureties,  but  not  to  ex- 
ceed in  amount  that  fixed  by  statute.  In  Nebraska,  no  particular  bond  is  re- 
quired, except  that  the  sureties  must  answer  for  defendant's  "good  behavior." 

No.  2353.    Commitment  to  Keep  the  Peace — Oregon. 

In  the  Name  of  the  State  of  . 

To  the  Sheriff  of  the  County  of ,  Greeting. 

An  order  having  been  this  day  made  by  me  that give  an  under- 
taking in  the  sum  of dollars  ($ ),  as  security  to  keep  the  peace 

Form  Book — 53 


Form  2364  Cowdery 's  Form  Book.  834 

and  abide  the  order  of  the court  for  the  county  aforesaid,  and  the 

said having  failed  to  give  such  undertaking,  you  are  therefore  com- 
manded to  receive  him  into  your  custody,  and  detain  him  until  legally 
discharged. 

Dated  at  this  day  of  ,  19 — . 

,  Justice  of  the  Peace. 

NOTE. — Alaska,  CJomp.  Laws  1913,  sec.  1178;  Oregon,  Lord's  Oregon  Laws, 
sec.  1822. 

In  Alaska,  the  conimitment  is,  "In  the  Name  of  the  United  States  of 
America";  the  direction  is,  "To  the  United  States  Marshal  for  the  District  of 
Alaska,  greeting";  and  the  title  of  the  committing  officer,  if  a  justice  of  the 
.peace,  is,  "CJommissioner  and  ex-ofScio  Justice  of  the  Peace." 


LABORERS'  CLAIMS. 

2364.  Verified  statement  of  laborer's  claim. 

2365.  Verified  statement  denying  claim  for  lahor. 

2366.  Notice  to  assignee  of  preferred  claim  for  lahor  done;. 

2367.  Notice  to  officer  of  laborer's  claim. 

2368.  Notice  to  creditor  or  defendant  of  laborer's  claim. 

2369.  Notice  to  officer  that  laborer's  claim  is  disputed  by  creditor. 

2370.  Notice  to  officer  that  laborer's  claim  is  disputed  by  defendant. 

2371.  Notice  to  claimant  that  claim  is  disputed. 

No.  2364.    Verified  Statement  of  Laborer's  Claim. 

(Title  of  Court  and  Cause.] 

istate  of  , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  wiihin  sixty  days  next  preceding 

the  date  of  the  levy  of  the  writ  of  attachment  against  the  property  of 

said  defendant  in  the  above-entitled  action,  to  wit,  on  the  day  of 

,  19 — ,  he  rendered  services  as  a  miner  [or,  mechanic,  salesman,  ser- 
vant, clerk,  or  laborer]   for  said  defendant,  and  that  there  is  now  due 

and  owing  to  liim  from  said  defendant  for  said  labor  tlie  sum  of  

dollars  ($ ). 

Dated  the  day  of ,  19—. 


Subscribed  and  sworn  to  [etc.]. 


[Signature.] 
[OflScial  siixnature.] 


NOTE.— See  Cal.  Code  Civ.  Proc,  -sec.  1206. 

A  copy  of  this  statement  is  to  be  filed  with  the  officer  executing  the  writ 
of  attachment  or  execution,  one  to  be  given  to  the  debtor,  and  one  to  the  credi- 
tor. If  the  claim  is  not  disputed,  it  must,  to  the  extent  of  one  hundred  dollars 
($100),  be  paid  by  the  officer  from  the  proceeds  of  such  levy  remaining  in  hia 
liands  at  the  time  of  the  filing  of  such  statement. 


835  Laborers'  Claims.  Forms  2365-?.367 

No.  2365.    Verified  Statement  Denying  Claim  for  Lator. 
[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 

,  being  duly  sworn,  says  that  no  part  of  the  verified  claim  for 

dollars  ($ ),  for  labor  claimed  to  have  been  performed  by  

for  said  defendant,  as  a  miner  [or,  mechanic,  salesman,  servant,  clerk, 
or  laborer]  within  sixty  days  next  preceding  the  levy  of  attachment  in 

the  above-entitled  action,  against  said  defendant,  on  the  day  of 

,  19 — ,  is  justly  due  from  him  to  said  defendant,  and  that  said  de- 
fendant is  not  indebted  to  said  claimant  in  any  sum  whatever  for  ser- 
vices rendered  witliin  sixty  days  next  preceding  the  levy  of  said  writ 
[or,  if  only  a  part  of  the  claim  is  disputed,  deny  that  any  part  of  such 
claim  beyond  a  specified  sum  is  so  due]. 

Dated  the  day  of  ,  19-.  [Signature.] 

Subscribed  and  sworn  to  [etc.].  ^^^^.^^  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  904,  1206,  1207;  Arizona,  Rev.  Stats. 
1913,  par.  3679;  Idaho,  Rev.  Codes  1907,  sees.  5147,  5148;  Montana,  Rev.  Codes 
1907,  sees.  7304,  7306. 

No.  2366.    Notice  to  Assignee  of  Preferred  Claim  for  Labor  Done. 

[Title  of  Court  and  Cause.] 
To ,  Assignee  of . 

Please  take  notice  that  within  sixty  days  previous  to  the  time  of  th*^ 

assignment  of  to  you  on  account  of  his,  's,  inability  at  the 

time  of  said  assignment  to  pay  his  debts,  the  undersigned  performed 

labor  for  him  as  a  miner,  working  for  him  in  the  mine,  at  , 

county,  ,  and  the  amount  due  the  undersigned  is  dollars 

($ ),  for  which  amount  the  undersigned  claims  a  preference. 

Dated ,  19—.  [Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc.,  sec.  1204. 

No.  2367.    Notice  to  Officer  of  Laborer's  Claim. 

[Title  of  Court  and  Cause.] 

To  H.  W.,  Esq.  [Sheriff  or  Constable]  : 

You  will  please  take  notice,  that  within  sixty  days  next  preceding  the 
date  of  the  levy  by  you  of  the  writ  of  attachment  against  the  property 
of  said  defendant  in  this  action,  I  rendered  labor  as  a  miner  for  said 
defendant,  and  there  is  due  me  from  him  for  said  labor  the  sum  of  one 
hundred  dollars;  and  you  are  hereby  directed  to  withhold  said  amount 
from  the  proceeds  of  said  property  attached,  and  to  pay  the  same  to  me 

on  said  labor  account. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc.,  sees.  1204-1207. 


Forms  2368-2371         Cowdery's  Form  Book.  836 

No.  2368.    Notice  to  Creditor  or  Defendaait  of  Laborer's  Claim. 

[Title  of  Court  and  Cause.] 

To  W.  S.,  Defendant  [or  to  the  Plaintiff  Creditor] : 

You  will  please  take  notice,  that  J.  W.  has  presented  a  claim,  under 

oath,  for  one  hundred  dollars,  which  he  claims  is  due  to  him  from  the 

defendant  herein  for  labor  as  a  miner,  within  sixty  days  next  preceding 

the  levy  of  the  attachment  writ  herein. 

[Signature.] 

NOTE.— Califomia,  Code  Civ.  Proc,  sees.  1204-1207. 

No.  2369.     Notice  to   Officer   That   Laborer's   Claim   is  Disputed   by 

Creditor. 

[Title  of  Court  and  Cause.] 

To  H.  W.  [Sheriff  or  Constable] : 

You  will  please  take  notice,  that  I  dispute  the  entire  claim  made  by 

J.  W.,  for  one  hundred  dollars,  for  labor  claimed  to  have  been  performed 

by  him  for  the  defendant  as  a  miner,  in  this  action,  within  sixty  days 

next  preceding  the  date  of  the  levy  by  you  of  the  writ  of  attachment 

herein.     No  part  of  said  claim  is  justly  due  from  the  defendant  to  the 

claimant.  ^_,. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1204-1207. 

No.  2370.    Notice  to  Officer  That  Laborer's  Claim  is  Disputed  by  De- 
fendant. 

[Title  of  Court  and  Cause.] 

To  H.  W.  [Sheriff  or  Constable]  : 

You  will  please  take  notice,  that  I  dispute  the  entire  claim  made  by 
J.  W.,  for  one  hundred  dollars,  for  labor  claimed  to  have  been  performed 
by  him  for  me  as  a  miner;  you  are  notified  that  I  am  not  indebted  to 
him  to  the  value  of  anything  on  account  of  labor  performed  Avithin  sixty 
days  next  preceding  the  date  of  the  levy  hj  you  of  the  writ  of  attach- 
ment herein.     No  part  of  said  claim  is  justly  due  from   me  to  said 

claimant.  ^^.        ,        _ 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc.,  sees.  1204-1207. 

No.  2371.    Notice  to  Claimant  That  Claim  is  Disputed. 
[Title  of  Court  and  Cause.] 

You  are  hereby  notified,  that  the  defendant  [or  plaintiff]  herein  dis- 
putes the  validity  of  your  claim  for  one  hundred  dollars,  notice  of  which 
you  have  heretofore  served  me  with;  and  unless  you  commence  action 
to  test  the  validity  of  your  claim,  and  prosecute  the  same  with  reason- 
able diligence,  within  ten  days  from  the  date  hereof,  it  will  be  barred 
as  a  preferred  claim,  under  the  writ  of  attachment  [or  execution]  herein. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proe.,  sees.  1204-1207. 


837  Landlord  and  Tenant.        Forms  2377-2379 

LANDLORD  AND  TENANT. 

See  Leases;  Unlawful  Detainer, 

2377.  Acknowledgment  of  tenancy. 

2378.  Notice  of  quitting  premises  by  tenant. 

2379.  Notice  to  quit  by  landlord. 

2380.  Notice  of  change  of  terms  of  lease. 

2381.  Notice  of  interest  by  one  in  possession. 

2382.  Notice  of  termination  of  tenancy  at  will. 

2383.  Notice  to  pay  rent  or  surrender  possession. 

2384.  Notice  to  perform  covenants  of  lease. 

2385.  Notice  to  deliver  possession  at  end  of  term. 

2386.  Notice  terminating  tenancy. 

No.  2377.    Acknowledgment  of  Tenancy. 

I,  ,  hereby  acknowledge  that  is  the  owner  of  the  premises 

described  as  follows,  to  wit: ;  and  I  declare  that  I  occup}^  said  prem- 
ises as  tenant  at  will  of  the  said ,  and  that  I  will  surrender  the  said 

premises  upon  the  written  order  of  said  owner  upon  ten  days'  notice. 

Dated  this day  of ,  19 — . 

[Signature.] 

NOTE.— See  Cal.  Civ.  Code,  see.  1946. 

A  notice  to  quit,  where  real  property  is  hired  for  a  term  not  specified,  must 
be  at  least  as  long  before  the  expiration  thereof  as  the  term  of  the  hiring 
itself.  A  hiring  of  real  property  other  than  lodgings  and  dwelling-houses,  in 
places  where  there  is  no  usage  on  the  subject,  is  presumed  to  be  for  one  vear 
from  its  commencement.  But  a  hiring  of  lodgings  or  a  dwelling-house  for  an 
unspecified  term  is  presumed  to  have  been  made  for  such  length  of  time  as  the 
parties  adopt  for  the  estimation  of  rent.  Thus  a  hiring  at  a  monthly  rate  of 
rent  is  presumed  to  be  for  one  month.  In  the  absence  of  any  agreement  re- 
specting the  length  of  time  or  the  rent,  the  hiring  is  presumed  to  be  monthly: 
See  Cal.  Civ.  Code,  sees.  1943,  1944,  1946. 

No.  2378.    Notice  of  Quitting  Premises  by  Tenant. 
To  G.  J.,  Landlord: 

Please  take  notice  that  I  shall  quit  possession,  and  deliver  np  the 
premises  now  held  and  occupied  by  me,  being  the  premises  [description], 
at  the  end  of  the  next  month  of  my  monthly  tenancy  of  said  premises, 
to  wit,  on  the  fifth  day  of  May,  1917,  as  I  intend  to  remove  tliercfrom, 
and  to  terminate  the  said  tenancy. 

Dated . 

[Signature.] 

No.  2379.    Notice  to  Quit  by  Landlord. 
To  W.  B.: 

Take  notice  that  you  are  hereby  required  to  quit  and  deliver  up  to 
me  the  possession  of  the  premises  now  held  and  occupied  by  you,  being 
the  premises  known  as  [or  situated]  [description],  at  the  expiration  of 
the  month  [or  week,  or  year,  as  may  be]  of  your  monthly  tenancy  of  said 
premises,  commencing  on  the  fifth  day  of  April,  1917,  and  ending  on  the 


Forms  2380-2383         Cowdery's  Form  Book.  838 

fifth  day  of  May,  1917.     This  is  intended  as  a  month's  notice  to  qi;it, 

for  the  purpose  of  terminating  your  tenancy  aforesaid. 

Dated . 

[Signature.] 

No.  2380.    Notice  of  Change  of  Terms  of  Lease. 

To  J.  R.,  Esq. : 

You  are  hereby  notified  that  on  the  fifteenth  day  of  January,  1917, 
the  terms  of  your  lease  of  the  premises  you  occupy,  under  tenancy  from 
month  to  month,  situate  in  the  city  and  county  of  San  Francisco,  and 
described  as  follows,  to  wit :  All  that  certain  store  on  the  northerly  side 
of  Wasliington  street,  between  Sansome  and  Montgomery,  and  desig- 
nated and  known  by  the  No.  536  Washington  street,  will  be  changed  as 
follows,  to  wit: 

The  monthly  rent  thereof  will  be  two  hundred  and  fifty  dollars,  United 
States  gold  coin,  per  month,  payable  monthly,  in  advance,  on  the  six- 
teenth day  of  each  and  every  month  you  continue  to  hold  possession 
ilicreof,  after  said  date,  instead  of  the  sum  of  fifty  dollars  heretofore 
paid  by  you. 

Dated  December  15,  1916. 

[Signature.] 

NOTE.— Section  827  of  the  Civil  Code  of  California  provides  for  changing 
terms  of  lease  or  tenancy  from  month  to  month  arbitrarily;  and  the  amount  U) 
which  the  rent  may  be  raised  is  unlimited  in  those  eases  specially  authorized  by 
the  statute. 

No.  2381.    Notice  of  Interest  by  One  in  Possession. 
To  All  Whom  It  may  Concern. 

Please  take  notice  that  I  am  in  the  possession  of  the  following  de- 
scribed premises,  namely:  ;  and  that  I  have  been  in  the  possession 

thereof  since ,  19—,  adversely  to ,  who  claims  to  own  the  same. 

Dated  ,  19—. 

[Signature.] 

No.  2382.    Notice  of  Termination  of  Tenancy  at  Will. 
To  A.  B.,  Tenant  in  Possession: 

You  will  please  take  notice  that  the  tenancy  under  which  you  hold 
possession  of  the  property  described  as  follows  [description],  is  by  this 
notice  terminated,  and  you  arc  notified  to  remove  from  said  premises 
within  the  period  of  thirty-five  days  from  and  after  the  third  day  of 
June,  1917. 

Dated . 

C.  D. 

No.  2383.    Notice  to  Pay  Rent  or  Surrender  Possession. 
To  J.  R.  H.,  Tenant  in  Possession: 

You  arc  hereby  required  to  pay  the  rent  of  the  premises  hereinafter 
described,  and  which  you  now  hold  possession  of,  amounting  to  the  sum 


839  Landloud  and  Tenant.         Forms  2384, 2385 

of  forty  dollars,  being  the  amount  now  due  and  owing  to  me  by  you 
for  one  month's  rent,  from  the  twentieth  day  of  September,  1917,  to  the 
twentieth  day  of  October,  1917,  within  three  days  from  date  hereof,  or 
deliver  up  possession  of  the  same  to  F.  S.,  my  agent,  who  is  hereby 
authorized  to  receive  possession  thereof,  or  the  rent,  due  and  unpaid, 
from  you,  or  I  shall  institute  legal  proceedings  against  you  to  recover 
possession  of  said  premises,  with  treble  rents. 

Said  premises  are  situated  in  the  city  and  county  of  San  Francisco, 
and  described  as  follows: 

All  that  certain  frame  dwelling-house  situate  at  the  northeasterly 
corner  of  Clay  and  Webster  streets;  said  premises  having  one  hundred 
feet  frontage  on  Webster  street,  and  twenty-five  feet  on  northerly  line 
of  said  Clay  street,  and  having  the  entrance  on  said  Clay  street,  said 
premises  being  designated  and  known  by  the  No.  2348  Clay  street. 

Dated . 

A.  B. 

NOTE. — The  above  is  in  conformity  with  Code  of  Civil  Procedure  of  Cali- 
fornia, section  1161.  It  is  not  necessary  to  say  in  such  notice  that  the  prem- 
ises must  be  surrendered  within  three  days.  The  codes  direct  that  three  days' 
notice  shall  be  given.  In  tenancies  at  will  the  time  must  be  stated:  Civ.  Code, 
sec.  789. 

No.  2384.    Notice  to  Perform  Covenants  of  Lease. 

To  B.  M.,  Esq.: 

Yon  are  notified  that  in  the  lease  under  which  you  hold  the  premises 
No.  2404  Mission  street,  city  and  county  of  San  Francisco,  as  my  tenant, 
you  covenanted  that  you  would  give  the  dwelling-house  and  outhouses 
and  front  fence  on  said  premises  two  coats  of  good  paint,  the  second 
as  soon  as  the  first  is  dry,  every  third  year,  commencing  January  1,  1917 ; 
that  you  have  violated  said  lease  by  neglecting  to  paint  the  houses  and 
fence  on  said  premises  at  all.  Now,  this  is  to  notify  you  that  you  are 
required  to  give  said  dwelling-house,  outhouse,  and  front  fence,  two 
good  coats  of  paint,  as  you  covenanted  to  do  as  aforesaid,  or  deliver  up 
possession  of  the  same  to  the  undersigned,  or  I  sliall  institute  legal  pro- 
ceedings against  you  to  recover  possession  of  said  premises. 

Yours  truly, 

A.  B. 

NOTE. — California,  Code  Civ.  Proc,  sec.  1161.  The  notice  may  be  varied 
BO  as  to  embrace  every  possible  covenant  in  a  lease.  In  all  cases  it  is  good 
practice  to  copy  from  the  lease  into  the  notice  the  covenant  which  is  violated. 

No.  2385.    Notice  to  Deliver  Possession  at  End  of  Term. 

To  ,  Tenant  in  Possession. 

You  are  hereby  notified  that  on  the day  of ,  19 — ,  your  lease 

or  tenancy  for  the  premises  you  hold  possession  of,  situate  in  the  county 
of statd  of ,  and  described  as  follows,  to  wit :  will  termi- 


Form  2386  Co wdery 's  Form  Book.  840 

nate  and  end,  and  you  are  requested  and  required  to  deliver  possession 

thereof  to ,  on  said day  of ,  19 — . 

Dated  tliis  day  of  ,  19 — . 

[Signature.] 

NOTE. — If  any  tenant  willfully  holds  over  after  demand  made  and  one 
month's  -written  notice  to  surrender  possession,  he  is  answerable  for  treble  rent 
durina:  the  time  lie  continues  in  possession  after  such  notice:  See  Cal.  Civ.  Code, 
sec.  3345. 

No.  2386.    Notice  Terminating  Tenancy. 

CD. 

You  are  hereby  notified  that  on  the  first  day  of  September,  1917,  your 
lease  or  tenancy  for  the  premises  you  hold  possession  of,  situate  in  the 
city  and  county  of  San  Francisco,  state  of  California,  and  described  as 
follows,  to  wit  [description],  will  terminate  and  end,  and  you  are  re- 
quested and  required  to  deliver  possession  thereof  to  Mr.  R,,  on  said 
first  day  of  September,  1917. 

Dated . 

A.  B. 

LEASES. 

See  Probate  Lease. 

2400.  Common  form  of  lease. 

2401.  Lease  with  covenants  as  to  underletting,  waste  and  repairs. 

2401a.  Lease  for  time  certain,  with  privilege  of  extension  terminable  on 
notice. 

2402.  Farm  lease  on  shares. 

2403.  Lease,  with  covenant  by  lessee  to  build. 

2404.  Lease  with  covenant  by  lessor  to  build. 

2405.  Lease  with  provision  for  holding  over. 

2406.  Short  form  of  lease. 

2407.  Surrender  of  lease. 

2408.  Lease,  by  state  to  individual,  of  mineral  land — Washington, 

2409.  Lease  of  mining  claim. 

2410.  Lease  of  oil  land. 

2411.  Covenant  to  pay  rent. 

2412.  Covenant  to  pay  taxes. 

2413.  Covenant  to  repair. 

2414.  Covenant  as  to  holding  over. 

2415.  Covenant  excepting  right  of  way. 

2416.  Covenant  excepting  timber,  etc.,  on  premises. 

2417.  Covenant  excepting  waterway. 

2418.  Covenant  that  lessee  may  deduct  taxes  and  charges  of  repairs  out 

of  rent. 

2419.  Covenant  to  renew  lease. 

2420.  Covenant  not  to  assign,  underlet,  alter  or  improve  without  license 

from  lessor. 

2421.  Covenant  not  to  lop  trees,  etc. 

2422.  Covenant  not  to  carry  on  noxious  or  offensive  trade,  nor  permit  It  to 

be  done. 

2423.  Covenant  to  expend  a  stated  sum,  in  a  given  time,  for  repairs. 

2424.  Covenant  that  landlord  may  enter  to  inspect  premises,  etc. 

2425.  Covenant  that  landlord  may  enter  to  make  inventory,  etc. 

2426.  Covenant  to  deliver  possession. 


841  Leases.  Form  2400 

2427.  Covenant  to  erect  'brick  'builclings. 

2428.  Covenant  to  insure. 

2429.  Covenant  to  occupy  premises. 

2430.  Covenant  to  reprdr,  after  notice. 

2431.  Covenant  to  repair,  lessor  finding  materials. 

2432.  Covenant  to  restore  personal  property. 

2433.  Covenant  for  quiet  enjoyment. 

2434.  Covenant  that  lessee  may  quit. 

2435.  Covenant  to  sell  inheritance  to  lessee  upon  request. 

2436.  Proviso  for  lease  to  he  void  upon  death  of  lessee. 

2437.  Proviso  that  either  party  may  determine  lease  on  giving  pre^crlhed 

notice. 

2438.  Proviso   that   landlord   may  re-enter  upon   nonpayment    of   rent   or 

assignment  of  lease  without  license. 

2439.  Proviso  that  lease  may  he  determined  at  option  of  lessor. 
2449.     Proviso  that  lessee  may  determine  lease,  and  how. 

2441.  Proviso  that  lessee  may  purchase  premiser,. 

2442.  Proviso  that  lessor  may  enter  for  nonpayment  of  rent,  or  commis- 

sion of  waste,  etc. 

2443.  Grant  of  additional  term. 

2444.  Lease  of  furniture. 

2445.  Lease  of  goods. 

2446.  Contract  of  surety  for  payment  of  rent. 

2447.  Complaint  on  promise  to  pay  in  consideration  of  surrender  of  lease. 

2448.  Complaint  for  breach  of  covenant  of  quiet  enjoyment. 

2449.  Complaint  for  hire  of  furniture. 

2450.  Complaint  for  rent  of  land — Justice's  court. 

2452.  Covenant  excepting  leasehold  in  case  of  execution  or  bankruptcy. 

2453.  Notice  to  perform  covenants  of  lease. 

2454.  Contract  by  landlord, 

2455.  Contract  by  tenant. 

No.  2400.    Comraon  Form  of  Lease. 

This  lease,  made  on  the day  of ,  19—,  between  ,  of  the 

county  of ,  state  of ,  lessor,  and ,  of  said  county  and  state, 

lessee,  wituesseth : 

That  the  lessor,  for  and  in  consideration  of  the  rents,  covenants,  and 
agreements  hereinafter  mentioned,  reserved  and  contained  on  the  part 
and  behalf  of  the  lessee  to  be  paid,  kept,  and  performed,  does  by  these 
presents  gi'ant,  demise,  and  let  unto  the  said  lessee  all  that  certain . 

To  have  and  to  hold  the  said  premises,  Avith  the  appurtenances,  unto 

the  said  lessee,  from  the day  of ,  19—,  for  and  during  the  full 

term  of  years  thence  next  ensuing,  and  fully  to  be  complete  and 

ended;  yielding  and  paying  therefor  unto  the  said  lessor  monthly,  and 
every  month  during  the  said  term,  the  monthly  rent  or  sum  of dol- 
lars ($ ),  in  United  States  gold  coin,  in  advance,  on  the  first  day 

of  each  and  every  month,  and  so  in  proportion  for  any  less  time  tharv 
a  month. 

Provided  always,  nevertheless,  that  if  the  rent  above  reserved,  or 
any  part  thereof,  shall  be  in  arrear  or  unpaid  on  any  day  of  payment 
whereon  the  same  ought  to  be  paid  as  aforesaid,  or  if  default  shall  be 
made  in  any  of  the  covenants  herein  contained  on  the  part  or  belialf 
of  the  said  lessee  to  be  paid,  kept,  or  performed,  then  and  from  thence- 
forth it  shall  and  may  be  lawful  for  the  said  lessor  into  and  upon  the 


Form  2400  Cowdery's  Form  Book.  842 

said  premises,  and  everj'  part  thereof,  wholly  to  re-enter,  and  the  same 
to  have  again,  rei:)0ssess,  and  enjoy  as  in  his  or  their  first  and  former 
estate,  anything  hereinbefore  contained  to  tlie  contrary  thereof  in  any 
wise  notwithstanding.  And  the  said  lessee  does  hereby  covenant  and 
agree  to  and  with  the  said  lessor  that  the  said  lessee  shall  and  will 
monthly,  and  every  month  dnring  the  said  term,  well  and  truly  pay,  or 
cause  to  be  paid,  unto  the  said  lessor,  the  said  rent,  on  the  days  and  in 
tlie  manner  limited  and  prescribed  as  aforesaid  for  the  payment  thereof, 
without  any  deduction,  fraud,  or  delay,  according  to  the  true  intent  and 
meaning  of  these  presents;  nor  assign  this  lease,  nor  permit  any  other 
persons  to  improve  the  demised  premises,  or  make  or  suffer  to  be  made 
any  alteration  therein  but  with  the  approbation  of  the  lessor's  consent 
in  writing  having  been  first  obtained;  and  that  on  the  last  day  of  said 
term,  or  other  sooner  determination  of  the  estate  hereby  granted,  the 
said  lessee  shall  and  will,  peaceably  and  quietly,  leave,  surrender,  and 
yield  up  unto  said  lessor  the  said  premises,  in  as  good  state  and  condi- 
tion as  the  same  are  now  or  may  be  put  into,  reasftnable  use  and  wear 
thereof  and  damage  by  the  elements  excepted. 

And  the  said  lessor  does  hereby  covenant  and  agree  that  the  said  les- 
see, paying  the  said  rent  and  performing  the  covenants  and  agreements 
aforesaid,  shall  and  may  at  all  times  during  the  said  terra,  peaceably 
and  quietly  have,  hold,  and  enjoy  the  said  premises,  without  any  manner 
of  let,  suit,  trouble,  or  hindrance  of  or  from  the  said  lessor,  or  any  otlier 
person  or  persons  whomsoever. 

It  is  further  agreed  that  all  provisions  of  this  lease  shall  extend  to 
and  include  the  heirs  and  assigns  of  the  lessor,  and  the  executors,  admin- 
istrators, and  assigns  of  the  lessee. 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands  the 
day  and  year  first  above  written. 

[Signatures.] 

[Acknowledgment.] 

NOTE. — If  a  person  desires  to  have  his  lease  recorded,  it  must  be  acknowl- 
edged the  same  as  a  deed.  Leases  for  long  terms  should  be  recorded;  but  if 
the  lease  is  for  less  than  one  year,  it  may  be  either  verbal  or  written.  If  it  i3 
written,  but  not  intended  to  be  recorded,  acknowledgment  is  unnecessary.  It  is 
provided  by  statute  that  every  conveyance  of  real  property,  "other  than  a  lease 
for  a  term  not  exceeding  one  year,"  is  void  as  against  any  subsequent  pur- 
chaser or  mortgagee  of  the  same  property,  or  any  part  thereof,  in  good  faith 
and  for  a  valuable  consideration,  whose  conveyance  is  first  duly  recorded,  and 
as  against  any  judgment  affecting  the  title,  unless  such  conveyance  shall  have 
been  duly  recorded  prior  to  the  record  of  notice  of  action:  See  Cal.  Civ.  Code, 
sec.  1214. 


843  Leases.  Form  2401 

No.  2401.    Lease  With  Covenants  as  to  Underletting,  Waste  and  Re- 
pairs. 

This  lease,  dated  this  day  of  ,  19—,  made  between  , 

lessor,  and ,  lessee,  witnesscth: 

That  said  lessor,  in  consideration  of  the  rents  and  covenants  herein- 
after agreed  to  be  paid  and  performed  by  said  lessee,  does  hereby  de- 
mise, lease,  and  let,  and  said  lessee  does  hereby  hire  and  take  from  said 

lessor,  all  that  real  property  situate  in  the  county  of ,  state  of , 

described  as  follows:  . 

With  all  improvements  thereon  and  appurtenances  thereto. 

To  have  and  to  hold  said  premises,  with  the  appurtenances,  'for  the 

term  of ,  namely,  from  the day  of ,  19 — ,  to  the day 

of ,  19—,  at  and  'for  the rent  of dollars  ($ ),  and  so 

in  proportion  for  any  less  time  than  a  month,  payable . 

And  said  lessee  does  hereby  covenant  and  agree  that  he  will  pay  said 
rent  as  above  specified  to  said  lessor  during  the  full  term  of  tliis  lease, 
and  for  such  further  time  as  he  shall  continue  to  occupy  said  premises ; 
that  he  will  not  assign  this  lease,  nor  let  nor  underlet  the  whole  or  any 
part  of  said  premises,  without  the  written  consent  of  said  lessor;  that 
he  will  not  commit  or  suffer  any  waste  of  said  premises,  nor  make  any 
alterations  thereon,  without  the  written  consent  of  said  lessor;  that,  at 
the  termination  of  this  lease,  he  will  quit  and  surrender  said  premises 
in  as  good  condition  as  reasonable  use  and  wear  thereof  will  permit, 
damage  by  the  elements  excepted;  and  that  said  lessor,  and  his  agents 
and  servants,  may  at  all  reasonable  times  enter  upon  said  premises  to 
view  the  same  and  to  make  repairs  thereon. 

And  said  lessor  does  hereby  covenant  that,  upon  the  payment  of  the 
rent  and  the  performance  of  all  covenants  by  said  lessee  to  be  paid  and 
performed  as  above  set  forth,  said  lessee  shall,  peaceably  and  quietly, 
hold  and  enjoy  the  above-described  premises  during  the  full  term  herein- 
above specified. 

It  is  further  covenanted  and  agreed  that  if  default  be  made  in  tlie 
payment  of  the  rent  as  above  specified,  or  in  the  keeping  of  any  of  the 
covenants  herein  agi-eed  to  be  kept  by  said  lessee,  then  it  shall  be  lawful 
for  said  lessor,  at  his  option,  to  temiinate  this  lease,  and  to  re-enter  upon 
said  premises  and  to  remove  all  persons  therefrom. 

The  word  "lessor,"  wherever  it  occurs  in  this  lease,  shall  include  his 
heirs  and  assigns;  and  the  word  "lessee"  herein  shall  include  his  execu- 
tors, administrators,  and  assigns. 

Witness  the  names  of  said  lessor  and  lessee  hereunto  signed,  the  day 

and  year  first  above  written. 

[Signatures.] 

[Acknowledgment.] 


Forms  2401a,  2402       Cowdery's  Form  Book.  844 

No.  2401a.  Lease  for  Tirae  Cei-tain,  With  Privilege  of  Extension  Termin- 
able on  Notice. 

hereby  demises  and  leases  to ,  and  the  said hereby  takes, 

the  house,  No. street,  in  the  town  of ,  county  of ,  state 

of  ,  for  months,  commencing  on  the  day  of  ,  19 — , 

at  the  monthly  rent  of  dollars   ($ )   and  so  in  proportion  for 

any  less  time  than  a  month,  payable ,  the  first  payment  to  be  made 

on  the day  of  • ,  19—,  and  for  such  further  time,  after  the  ex- 
piration of  the  said  months,  until  the  end  of  three  months  after 

notice  of  termination  of  tenancy  shall  be  given  by  either  of  the  said 
parties  to  the  other  of  them  for  leaving  the  said  premises. 

And  the  said hereby  promises,  for  himself,  his  heirs,  executors, 

administrators  and  assigns,  to  pay  said  rent  as  agreed  for  so  long  time 
as  he  shall  hold  and  enjoy  the  said  premises  as  aforesaid,  and  until  the 
end  of  the  said  three  months  next  after  notice  sliall  be  given  by  either 
of  the  said  parties  to  the  other  of  them  for  leaving  the  said  premises 
as  aforesaid. 

The  provisions  hereof  shall  extend  to  the  heirs  and  assigns  of  the 
lessor  and  the  executors,  administrators,  and  assigns  of  the  lessee. 

Witness  our  hands  [etc.]. 


[Acknowledgment.] 


[Signatures.] 


No.  2402.    Farm  Lease  on  Shares. 

This  lease,  made  the  day  of  ,  19—,  between  ,  of  the 

county  of ,  state  of ,  lessor,  and ,  of  said  county  and  state, 

lessee,  witnesseth: 

That  the  said  lessor,  for  and  in  consideration  of  the  rents,  covenants, 
and  agreements  hereinafter  mentioned,  reserved  and  contained  on  the 
part  and  behalf  of  the  said  lessee,  to  be  paid,  kept,  and  performed,  does 
hereby  grant,  demise,  and  farm  let,  unto  the  said  lessee  all  those  certain 
premises  described  as  follows,  namely:  . 

To  have  and  to  hold  the  said  demised  premises  unto  the  said  lessee, 
for  his  sole  and  proper  use  and  benefit,  for  and  during  the  term  afore- 
said, together  with  all  the  tenements  and  hereditaments  thereunto  apper- 
taining, and  all  the  stock  and  farming  utensils  of  every  name  and  nature 
now  being  in  or  upon  the  same,  belonging  to  the  said  lessor. 

In  consideration  whereof  the  said  lessee  hereby  covenants  and  agrees 
to  and  with  the  said  lessor  that  he  will  occupy,  till  and  in  all  respects 
cultivate  the  premises  above  mentioned  durincr  the  term  aforesaid,  in 
a  farmer-like  manner,  and  according  to  the  usual  course  of  farming  prac- 
ticed in  the  neighborhood;  that  he  will  not  commit  any  waste  or  dam- 
age, nor  suffer  any  to  be  done ;  that  he  will,  at  his  own  cost  and  expense, 
keep  the  fences  and  buildings  on  the  said  premises  in  good  repair,  rea- 
sonable wear  thereof  and  damages  by  the  elements  excepted ;  and  that 
he  will  deliver  to  the  said  lessor,  or  to  his  order,  one  equal  third  of  all 


845  Leases.  Form  2 103 

the  proceeds  and  crops  produced  on  the  said  farm  and  premises  afore- 
said, of  every  name,  kind,  and  description,  to  be  divided  on  the  said 
premises,  in  stack  and  sack,  according  to  the  usual  course  and  custom 
of  making  such  divisions  in  the  neighborhood,  and  in  a  seasonable  time 
after  such  crop  shall  have  been  gathered  and  harvested. 

It  is  further  understood  and  agreed  between  the  aforesaid  parties  that 
the  said  lessee  shall  find  all  seed  or  seeds  necessary  to  be  sown  on  said 
premises,  and  that  said  lessee  shall  pay  all  taxes  and  assessments  upon 
the  same;  that  the  said  lessee  is  to  do,  or  cause  to  be  done,  all  neces- 
sary work  and  labor  in  and  about  the  cultivation  of  the  said  premises; 
that  he  is  to  have  full  permission  to  inclose,  pasture,  or  till  and  cultivate 
the  said  premises,  so  far  as  the  same  may  be  done  without  injury  to  the 
reversion,  and  to  cut  all  necessary  timber  for  firewood,  farming  pur- 
poses, and  repairing  fences;  and  that  he  is  to  give  up  and  yield  peace- 
able possession  of  the  said  premises  at  the  expiration  of  said  term. 

Said  lessor  shall  furnish  on  said  premises  at  the  proper  time,  sacks 
sufficient  to  hold  all  the  grain  coming  to  said  lessor. 

It  is  further  agreed  that  all  the  provisions  hereof  shall  extend  to  and 
include  the  heirs  of  the  lessor  and  the  executors,  administrators,  and 
assigns  of  the  lessee. 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands  this 

day  of ,  19—. 

[Signatures.] 

[Acknowledgment.] 

No.  2403.    Lease,  With  Covenant  by  Lessee  to  Build. 

This  lease,  dated  this  day  of  ,  19—,  made  between  , 

lessor,  and  ,  lessee,  witnesseth: 

That  said  lessor,  in  consideration  of  the  rents  and  covenants  herein- 
after by  said  lessee  agreed  to  be  paid  and  performed,  does  licrcby  lease, 
let,  and  demise  to  said  lessee  all  that  real  property  situate  in  tlie  county 
of ,  state  of ,  described  as  follows :  . 

To  have  and  to  hold  the  above-described  premises,  with  the  appur- 
tenances, unto  said  lessee  for  the  term  of  years  from  the  date 

hereof  next  ensuing,  at  and  for  the  monthly  rent  of dollars  ($ ), 

and  so  in  proportion  for  any  less  time  than  a  month,  payable  monthly 
in  advance  on  the  first  day  of  each  and  every  month  during  the  above 
term. 

And  said  lessee  does  hereby  covenant  and  agree  that  he  will  pay  tlie 
rent  above  specified  in  the  manner  and  at  the  times  above  set  forth; 
that  he  will  also  pay  and  discharge,  as  the  same  may  become  due  and 
payable,  all  taxes  and  assessments  which  may  be  levied,  assessed,  or 
imposed  upon  the  premises  above  described,  or  upon  the  improvements 
now  or  hereafter  to  be  erected  thereon;  and  that  he  will  not  assign  tliis 
lease,  nor  let  or  underlet  the  whole  nor  any  part  of  said  premises,  with- 
out the  written  consent  of  the  lessor. 


Form  2403  Cowdery's  Form  Book.  846 

Said  lessee  does  hereby  further  agree  tliat  he  will,  at  his  own  cost, 

within  months  from  the  date  hereof,  erect,  or  cause  to  be  built 

and  erected,  upon  the  above-described  premises,  a  two-story  frame  build- 
ing, at  an  estimated  cost  of dollars  ($ ),  to  be  used  as  a  family 

residence  for  said  lessee  and  his  family;  that,  when  so  erected,  said 
lessee  will,  at  his  ovi^n  cost,  during  the  full  term  above,  and  any  exten- 
sion thereof,  maintain  and  keep  said  building  in  good  order  and  repair; 
tiiat  he  will  also,  at  his  own  cost,  maintain  and  keep  in  good  repair  all 
ridev, alks  in  front  of  or  adjacent  to  said  property;  and  that  he  will  pay 
all  cliarges  for  light,  fuel,  and  water  rates  upon  said  property;  and  pay 
and  discharge,  as  they  may  become  due  and  payable,  all  claims  for  mate- 
rials furnished,  or  services  rendered,  upon  or  concerning  said  property 
or  the  imi^rovements  thereon,  and  keep  and  preserve  said  property  clear 
and  free  from  any  and  all  liens  therefor;  also  that  said  lessee  will  keep 
and  save  harmless  said  lessor  from  any  and  all  loss  or  damage  by  reason 
of  any  suit  or  claim  for  injury  to  person  or  property  received  by  any 
person,  either  on  said  premises  or  the  streets  adjoining  the  same. 

It  is  hereby  mutually  agreed  that  the  above  term  may  be  extended  at 
the  option  of  said  lessee  in  the  following  manner:  Said  lessee  maj^  at 
his  option,  at  any  time,  not  less  than  thirty  (30)  nor  more  than  sixty 
(60)  daj'S  before  the  expiration  of  the  above  term,  give  written  notice 
to  said  lessor  that  he  will  avail  himself  of  the  privilege  hereby  granted 
to  extend  said  term,  and  said  lessor  will,  on  receipt  of  such  notice,  at 
the  expense  of  said  lessee,  at  or  before  the  expiration  of  the  above  term, 
execute  to  the  lessee  an  extension  or  renewal  hereof  for  the  further  term 

of  years'   additional  time,   at  the  monthly  rent   of  dollars 

($ ),  payable  in  tlie  same  manner  and  at  the  corresponding  times  as 

for  the  foregoing  term. 

It  is  further  mutually  covenanted  and  agreed  that  at  the  expiration 
of  the  above  term  or  terms,  or  otlier  determination  of  this  lease,  the 
lessee  shall  quit  and  surrender  said  premises  and  all  improvements 
thereon  in  as  good  order  and  repair  as  reasonable  use  and  wear  thereof 
will  permit,  and  said  improvements  shall  thereupon  become  the  prop- 
erty of  the  lessor,  without  compensation  by  him  to  the  lessee. 

If  default  be  made  in  the  payment  of  the  rent  as  above  specified,  or 
of  any  sum  herein  agreed  to  be  paid  by  said  lessee,  or  in  the  perform- 
ance of  any  agreement  herein  on  his  part  to  be  performed,  then  it  shall 
be  lawful  for  said  lessor  to  re-enter  upon  said  premises  and  remove  all 
persons  therefrom,  and  to  terminate  this  lease,  and  all  improvements  on 
said  premises  shall  be  retained  by  and  belong  to  said  lessor  as  liquidated 
damages  for  such  nonpayment  or  breach  of  covenant  by  said  lessee. 

It  is  further  agi'eed  that  all  the  provisions  hereof  shall  extend  to  and 
inrdude  the  heirs  and  assigns  of  the  lessor,  and  the  executors,  adminis- 
trators, and  assigns  of  the  lessee. 

Witness  the  hands  of  said  lessor  and  lessee  hereunto  set  the  day  and 
year  first  above  written. 

[Signatures.] 

[Acknowledgment.  1 


847  Leases.  Form  2-104 

No.  2404.    Lease,  With  Covenant  by  Lessor  to  Build. 

Tliis  lease,  dated  tliis day  of  ,  19 — ,  made  between  , 

le.-sor,  and ,  lessee,  witnesseth: 

That  said  lessor  does  hereby  lease,  let,  and  demise  unto  said  lessee  all 

that  real  property  situate  in  the  county  of ,  state  of ,  described 

as  follows : . 

Together  with  the  fonr-story  re-enforced  concrete  building  and  its 
basement,  to  be  erected  thereon  by  said  lessor  according  to  plans  and 
specifications  prepared  for  said  lessor  and  signed  by  said  lessee,  for  the 
term  of  years,  from  and  after  the  date  when  the  building  afore- 
said thereon  shall  be  completed  and  ready  for  occupancy  by  said  lessee, 
at  and  for  the  total  yearly  rent  of dollars  ($ ),  and  so  in  pro- 
portion for  any  less  time  than  a  year,  payable  in  monthly  iiayments  of 
dollars  ($ )  each,  in  advance,  and  commencing  when  said  build- 
ing is  completed  and  readj'^  for  occupancy  by  said  lessee. 

And  said  lessor  and  lessee  do  hereby  covenant  and  agree  as  follows : 

It  is  now  expected  that  said  building  will  be  completed  and  ready  for 
occupancy  by  the  day  of ,  19 — ,  but  any  delay  in  the  comple- 
tion thereof  shall  not  avoid  this  lease,  nor  shall  the  lessor  be  liable  to 
the  lessee  for  any  loss  or  damage  occasioned  by  any  delay  in  such 
completion. 

Said  lessee  agrees  that  he  will  pay  to  the  lessor  the  rent  as  above 
specified;  and  that  the  lessee  will  not  assign  any  interest  herein,  nor 
underlet  any  part  of  said  premises  during  the  continuance  hereof,  with- 
out the  written  consent  of  the  lessor. 

The  ground  floor  of  said  building  and  the  floor  above  it  shall  be  used 
as  a  store,  and  the  basement  as  a  storeroom,  and  for  lavatories  in  con- 
nection therewith;  the  two  upper  floors  shall  be  used  for  living-rooms; 
and  said  lessee  agrees  that  he  will  permit  no  other  use  of  said  premises, 
and  will  not  permit  or  suffer  any  part  of  said  premises  to  be  used  for 
the  purpose  of  conducting  anj''  auction  sale  of  any  property,  or  for  any 
illegal  or  immoral  purpose,  or  for  the  purpose  of  carrying  on  or  the  con- 
ducting of  any  trade  or  business  which  may  be  noisome  or  offensive  to 
others  in  the  vicinity  of  said  premises;  that  he  will  not  keep,  nor  per- 
mit to  be  kept,  on  said  premises  any  extrahazardous  goods,  or  such  as 
may  increase  the  usual  or  normal  rate  of  insurance  on  said  premises ;  and 
that  he  vv'ill  in  all  respects  comply  with  all  municipal  or  local  regulations 
in  regard  to  the  public  health  or  safety,  so  far  as  the  same  may  affect 
the  above  premises. 

The  lessor  shall  not  be  liable  for  any  loss  or  damage  to  property  on 
said  premises  caused  by  leakage  or  by  water  from  any  source  whatever, 
or  from  defective  plumbing;  nor  shall  the  lessor  be  liable  for  any  dam- 
age or  injury  to  persons  or  property  occurring  or  arising  upon  said  prem- 
ises from  any  cause  whatever;  and  said  lessee  hereby  agi*ees  to  keep  and 
save  harmless  the  said  lessor  from  any  suit  or  claim  for  damage  or  in- 
jury sustained  upon  said  premises,  or  upon  the  sidewalks  or  streets  ad- 


Form  2404  Cowdery's  Form  Book.  848 

joining  the  same,  by  any  person,  from  any  cause  whatever,  during  the 
continuance  hereof. 

Said  lessee  agrees  not  to  make  any  alterations  on  said  premises  with- 
out the  written  consent  of  said  lessor;  and  that  he  will,  at  his  own  ex- 
pense, make  all  necessary  repairs  thereon  during  the  continuance  hereof, 
and  keep  said  premises  in  good  tenantable  condition,  and  promptly  re- 
pair all  damage  thereon;  and  said  lessee  hereby  expressly  waives  all 
right  to  make  any  repairs  on  said  premises  at  the  expense  of  said  lessor, 
under  any  provision  of  law  or  otherwise;  also  that  said  lessee  will,  at 
his  own  expense,  maintain  and  keep  in  good  order  and  repair  all  side- 
walks adjoining  said  premises  during  the  continuance  hereof. 

The  entry  by  the  lessee  upon  said  premises  shall  be  conclusive  against 
him,  as  an  admission  that  every  part  of  said  premises,  including  win- 
dows, light  fixtures,  and  plumbing,  is  in  good  order;  and  all  broken  win- 
dows, light  fixtures,  or  injuries  to  plumbing  shall  be  immediately  re- 
placed or  repaired  by  said  lessee  at  his  own  expense,  and  said  lessee 
agrees  that  he  will,  during  the  continuance  hereof,  pay  all  charges  for 
light,  heat,  fuel,  power,  and  water  rates  furnished  or  supplied  to  or 
upon  any  part  of  said  premises. 

Said  lessor  shall  have  the  right,  by  himself  or  his  agents,  at  all  rea- 
sonable times  during  the  continuance  hereof,  to  enter  upon  said  prem- 
ises to  see  that  proper  care  is  taken  thereof,  or  to  show  the  same  to  any 
intending  purchaser,  and  said  lessor  may  within  thirty  (30)  days  prior 
to  the  termination  hereof  affix  and  display  "To  Let"  or  "To  Lease"  signs 
upon  any  part  of  said  premises  selected  by  him,  except  upon  the  windows. 
If  said  lessee  be  adjudged  bankrupt  or  insolvent,  this  lease  shall  there- 
upon immediately  terminate,  and  the  same  shall  not  be  assignable  by 
any  process  of  law,  nor  be  treated  as  an  asset  of  the  lessee  after  such 
adjudication;  nor  shall  it  pass  under  the  control  of  any  trustee  or  as- 
signee of  said  lessee  by  virtue  of  any  proceedings  in  bankruptcy  or  in- 
solvency; and  in  case  of  any  such  adjudication,  or  if  said  lessee  shall 
become  bankrupt  or  insolvent,  or  make  an  assignment  of  all  his  prop- 
erty for  the  benefit  of  his  creditors,  said  lessor  may,  in  any  such  case, 
at  his  option,  terminate  this  lease  and  re-enter  upon  said  premises,  and 
thereupon  all  rights  of  said  lessee  hereunder  shall  cease  and  determine. 
Said  lessee  shall  quit  and  surrender  said  premises  at  the  expiration 
or  other  determination  hereof  in  as  good  order  and  condition  as  reason- 
able use  and  wear  thereof  will  permit ;  and  all  fixtures  attached  to  said 
premises  by  said  lessee  during  the  continuance  hereof  shall  become  the 
property  of  the  lessor,  except  counters  and  shelving  used  in  connection 
with  the  stores  on  said  premises,  which  may  be  removed  by  the  lessee. 

If  said  lessee  make  default  in  the  payment  of  the  rent  as  above  speci- 
fied, or  in  the  performance  of  any  ai^reement  by  him  herein  required 
to  be  performed,  said  lessor  may,  without  notice  or  demand,  enter  upon 
said  premises  and  terminate  this  lease,  and  remove  all  persons  and  prop- 
erty therefrom,  and  in  such  case  the  lessor  shall  not  be  responsible  for 


849  Leases.  Form  2404 

tlie  care  or  safety  of  property  so  removed,  and  the  lessee  hereby  ex- 
pressly waives  any  and  all  claim  for  loss  or  damage  to  property  or  per- 
sons removed  by  the  lessor  under  this  provision.  The  lessor  also,  in 
case  of  default  by  the  lessee,  in  payment  or  performance  of  his  agree- 
ments as  above,  may,  by  written  notice,  declare  this  lease  forfeited,  and 
thereafter,  and,  in  any  case  where  the  lessee  remains  in  possession  of 
said  premises  after  the  termination  hereof,  such  holding  shall  be  deemed 
to  be  a  tenancy  from  month  to  month  by  the  lessee,  at  the  same  rent 
at  Avhicli  he  held  at  the  time  of  the  termination  hereof. 

If  the  building  on  said  premises  be  totally  destroyed  by  fire  or  the 
elements  during  the  continuance  hereof,  or  so  damaged  that  it  cannot 
be  repaired  within  one  hundred  (100)  days,  this  lease  shall  thereupon 
terminate  at  the  option  of  either  party  hereto,  and  all  rights  and  obliga- 
tions hereunder  shall  cease  except  for  rent  actually  due.  If  said  build- 
ing be  so  damaged  by  the  elements  as  not  to  require  termination  lieroof 
under  the  above  provision,  the  lessor  agrees  to  restore  the  same,  at  his 
own  expense,  within  one  hundred  (100)  days  from  the  date  when  the 
damage  occurred,  excluding  any  time  when  work  was  prevented  by  causes 
beyond  his  control;  in  case  repairs  are  to  be  made  under  this  provision, 
the  lessor  shall  have  possession  of  the  necessary  parts  of  said  premises 
for  that  purpose,  and  the  lessee  shall  be  entitled  to  a  proportionate  re- 
duction of  rent  during  the  time  of  making  said  repairs;  and  if  said  par- 
ties cannot  agree  on  the  amount  of  such  reduction,  they  shall  select  some 
third  person  whose  decision  thereon  shall  be  final. 

If  any  suit  be  brought  by  the  lessor  against  the  lessee  to  recover  any 
rent,  or  for  the  breach  of  any  agreement  herein  contained  by  said  lessee, 
or  any  summary  action  be  brought  by  said  lessor  for  forfeiture  of  this 
lease,  or  to  recover  possession  of  said  premises,  said  lessee  agrees  to 
pay  the  necessary  counsel  fees  for  commencing  and  prosecuting  said  ac- 
tion to  an  amount  not  exceeding dollars  ($ ),  which  shall  be  as- 
certained and  fixed  by  the  court. 

At  the  time  of  the  execution  hereof,  said  lessee  shall  deposit  with  the 
lessor  the  sum  of dollars  ($ ),  as  security  for  tlie  faithful  pay- 
ment of  all  sums  and  performance  of  all  agreements  by  said  lessee  lierein 
agreed  to  be  paid  and  performed;  and  said  sum  may  be  applied  by  the 
lessor  to  the  payment  of  any  rent  remaining  unpaid  or  damages  sus- 
tained by  reason  of  the  breach  of  any  agreement  herein  by  said  lessee ; 
and  if  not  so  applied,  shall  remain  as  such  security  until  within  two  (2) 
months  of  the  expiration  hereof,  when  the  same  may  be  applied  to  \he 
payment  of  the  rent  as  it  becomes  due;  any  part  thereof  not  applied  as 
aforesaid  shall  be  returned  to  the  lessee  by  the  lessor  at  the  expiration 
hereof,  with  interest  thereon  at  the  rate  of per  cent  per  j'ear. 

All  agreements  and  provisions  herein  contained  are  intended  to  and 
shall  extend  to  and  include  the  heirs  and  assigns  of  the  lessor,  and  the 
executors,  administrators,  and  assigns  of  the  lessee. 

Form  Book — 54 


Forms  2405, 24Q6         Cowdery's  Form  Book.  850 

Witness  the  hands  of  said  lessor  and  lessee  hereunto  set  the  day  and 
year  first  above  written. 

[Signatures.] 
[Acknowledgment.] 

No.  2405.    Lease,  With  Provision  for  Holding  Over. 

This  lease,  made  and  entered  into  at ,  state  of ,  this day 

of  ,  19 — ,  between  ,  of  the  county  of  ,  state  of  ,  the 

lessor,  and ,  of  the  same  place,  the  lessee,  witnesseth : 

That  the  said  lessor  hath  demised  and  let,  and  the  said  lessee  hath 
hired  and  taken  from  the  said  lessor,  all  that  ,  with  the  appurte- 
nances, for  the  term  of  one  year  from  the day  of ,  19 — ,  at  the 

yearly  rent  or  sum  of dollars  ($ ),  and  so  in  proportion  for  any 

less  time  than  a  year,  payable  monthly  in  advance,  in  equal  monthly  pay- 
ments of dollars  ($ ),  in  current  lawful  money  of  the  United 

States  of  America. 

And  it  is  agi-eed  that  if  any  rent  shall  be  due  and  unpaid,  or  if  de- 
fault shall  be  made  in  any  of  the  covenants  herein  contained,  then  it 
shall  be  lawful  for  the  said  lessor  to  re-enter  the  said  premises,  and  to 
remove  all  persons  therefrom. 

And  the  said  lessee  does  hereby  covenant  to  pay  to  the  said  lessor  the 
said  rent  herein  reserved  in  the  manner  herein  specified.  And  not  to 
make  or  suffer  any  alteration  to  be  made  therein,  without  the  written 
consent  of  the  said  lessor;  and  not  to  assign  this  lease  without  the  writ- 
ten consent  of  the  said  lessor.  And  that,  at  the  expiration  of  the  said 
term,  or  any  sooner  determination  of  this  lease,  the  said  lessee  will  quit 
and  surrender  the  premises  hereby  demised  in  as  good  order  and  condi- 
tion as  reasonable  use  and  wear  thereof  will  permit  damages  by  the  ele- 
ments excepted.  And  if  the  said  lessee  shall  hold  over  the  said  term 
with  the  consent,  express  or  implied,  of  the  said  lessor,  such  holding 
.shall  be  construed  to  be  a  tenancy  only  from  month  to  month. 

It  is  further  agi'eed  that  all  provisions  hereof  shall  extend  to  and  in- 
clude the  heirs  and  assigns  of  the  lessor,  and  the  executors,  administra- 
tors, and  assigns  of  the  lessee. 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands  this 

day  of ,  19—. 

[Signatures.] 

[Acknowledgment.] 

No.  2406.    Short  Form  of  Lease. 

This  lease,  made  on  the day  of ,  19 — ,  between ,  lessor, 

and ,  lessee,  w' itnesseth : 

That,  in  consideration  of  the  payment  of  the  rents  and  the  perform- 
ance of  all  the  covenants  herein  contained  by  the  lessee,  the  said  lessor 
hereby  doth  demise  and  lease  to  the  said  lessee  the  following  described 
property,  in  the  county  of ,  state  of ,  to  wit : ,  for  the  term 


851  Leases.  Form  2407 

of ,  from  the day  of ,  19 — ,  to  the day  of ,  19 — , 

at  the  monthly  rental  of dollars  ($ ),  current  lawful  money  of 

the  United  States  of  America,  and  so  in  proportion  for  any  less  time, 
paj-able  monthly  in  advance,  on  the  first  day  of  each  month  of  said  term. 

And  the  said  lessee  does  hereby  promise  to  pay  the  said  monthl}'  rent 
herein  named,  and  in  the  manner  specified,  together  with  the  water  rate; 
and  not  to  assign  this  lease  or  any  part  thereof,  nor  let  or  imderlet  the 
whole  or  any  part  of  said  premises,  nor  make  or  suffer  to  be  made  any 
alteration  therein,  without  the  written  consent  of  the  owner.  The  said 
lessor  shall  not  be  called  upon  to  make  any  improvements  or  repairs, 
the  lessee  agreeing  to  keep  tlie  premises  in  good  order  at  his  ow}i  ex- 
pense, suffering  no  strip  or  waste  thereof,  but  the  lessor  may  enter  to 
view  or  make  improvements  or  repairs  at  his  option.  The  lessee  further 
agrees  not  to  permit  any  other  person  or  persons  to  occupy  or  improve 
said  premises,  and  not  to  use  or  keep  on  the  premises  any  article  which 
the  insurance  companies  may  deem  extrahazardous,  or  which  increases 
the  rate  of  insurance.  And  at  the  expiration  of  said  term,  or  any  sooner 
determination  of  this  lease,  the  lessee  will  peaceably  and  quietly  quit  and 
surrender  the  premises  to  the  lessor,  or  his  af;ent  or  attorney,  and  in  as 
good  order  as  he  received  tlicm,  reasonable  use  and  wear  thereof  and 
damage  by  the  elements  excepted. 

And  should  default  be  made  in  the  payment  of  any  portion  of  the  rent 
when  due,  and  for  three  (3)  days  thereafter,  or  in  any  of  the  covenants 
herein  contained,  said  lessor,  his  agent  or  attorney,  may  re-enter  and 
take  possession  of  said  premises,  remove  all  persons  therefrom,  and  at 
his  option  terminate  this  lease. 

The  provisions  of  this  lease  shall  extend  to  and  include  the  heirs  and 

assigns  of  the  lessor,  and  the  executors,  administrators,  and  assigns  of 

the  lessee. 

In  witness  whereof  [etc.],  ._,.       ,  _ 

[Signatures.] 

[Acknowledgment.] 

No.  2407.     Surrender  of  Lease. 

Know  all  men  by  these  presents  that  I,  the  within  named ,  in  con- 


sideration of dollars  ($ ),  lawful  money  of  the  United  States 

of  America,  to  me  in  hand  paid,  at  or  before  the  ensealing  and  delivery 
of  these  presents,  do,  for  myself,  my  executors  and  administrators,  bar- 
gain, sell,  surrender,  and  yield  up,  from  the  day  of  the  date  hereof,  unto 

the  within  named ,  and  his  heirs,  executors,  and  administrators,  as 

well  the  within  indenture  of  lease  as  the  lands  and  premises  therein 
mentioned,  and  the  term  of  years  therein  yet  to  come,  with  all  my  right, 
title,  and  interest  thereto;  and  I  do  hereby  covenant  that  the  same  are 
free  and  clear  of  all  encumbrances  of  what  kind  soever,  at  any  time  by 
me,  or  by  my  privity,  consent,  or  procurement,  done,  committed,  or 
suffered. 

Given  under  my  hand  this day  of ,  19 — . 

[Signature.] 


Form  2408  Cowdery's  Form  Book.  852 

No,  2408.    Lease,  hj  State  to  Individual,  of  Mineral  Land— "Washington. 

This  indenture,  made  this  day  of  ,  one  thousand  nine  hun- 
dred and  (19 — ),  by  and  between  the  state  of ,  party  of  the 

first  part,  and ,  party  of  the  second  part,  witnesseth : 

That  the  party  of  the  first  part,  in  consideration  of  the  sum  of  ten 
(10)  dollars  to  it  in  hand  paid  by  tlie  party  of  the  second  part,  being 

the  first  annual  payment  as  provided  for  in  ,  the  receipt  whereof 

is  hereby  acknowledged,  and  in  further  consideration  of  the  covenants 
and  conditions  herein  contained,  to  be  kept  and  performed  by  the  party 
of  the  second  part,  does  hereby  contract,  lease,  and  demise  to  the  party 

of  the  second  part  for  a  term  of  thirty  years  from  and  after  the  • 

day  of ,  one  thousand  nine  hundred  and (19 — ),  the  following 

described  land  situated  in  the  county  of ,  in  the  state  of ,  viz. : 

,  which  premises  are  leased  to  the  party  of  the  second  part  for  the 

purposes  of  exploring  for,  mining,  taking  out,  and  removing  therefrom 
the  merchantable  shipping  ore,  containing  copper,  lead,  silver,  gold,  and 
other  minerals,  which  is  or  which  hereafter  may  be  found  on,  in,  or 
under  said  land,  together  with  the  right  to  construct  all  buildings,  make 
all  excavations,  openings,  ditches,  drains,  railroads,  wagon-roads,  smelt- 
ers, and  other  improvements  upon  said  premises,  which  are  or  may  be- 
come necessary  or  suitable  for  the  mining  or  removal  of  ore  containing 
copper,  lead,  silver,  gold,  or  other  minerals  from  said  premises,  with  the 
right,  during  the  existence  of  this  lease,  to  cut  and  use  the  timber  found 
upon  said  premises  for  fuel,  and  so  far  also  as  may  be  necessary  for  the 
construction  of  buildings  required  in  the  operation  of  any  mine  or  mines, 
on  the  premises  hereby  leased,  as  also  the  timber  necessary  for  drains, 
tramways,  and  supports  for  such  mine  or  mines ;  provided,  however,  that 
the  party  of  the  second  part  shall  have  the  right  at  any  time  to  termi- 
nate this  agreement  in  so  far  as  it  requires  the  party  of  the  second  part 
to  mine  ore  on  said  lands,  or  to  pay  a  royalty  therefor,  by  giving  writ- 
ten notice  to  the  party  of  the  first  part,  which  shall  be  served  by  leaving 
the  same  with  the  commissioner  of  public  lands,  who  shall  officially,  in 
writing,  acknowledge  the  receipt  of  said  notice,  and  the  foregoing  lease 
shall  terminate  sixty  days  thereafter,  and  all  arrearages  and  sums  which 
may  be  due  under  the  same  up  to  the  time  of  its  termination,  as  set 
forth  in  said  notice,  shall  be  paid  upon  settlement  and  adjustment 
thereof.  The  party  of  the  first  part  further  agrees  that  the  party  of 
the  second  part  shall  have  the  right  under  this  agreement  to  contract 
with  others  to  work  such  mine  or  mines,  or  any  part  thereof,  or  to  sub- 
contract the  same  and  the  use  of  the  said  land  or  any  part  thereof,  for 
the  purpose  of  mining  for  ore,  with  the  same  rights  and  privileges  as 
are  herein  granted  to  the  said  party  of  the  second  part. 
[Seal] 

[Signature.] 

NOTE.— See  Wash.  Bern,  Code,  sees.  6782,  6787. 


853  Leases.  Form  2409 

No.  2409.    Lea.se  of  Mining  Claim. 

This  lease,  made  the day  of ,  19 — ,  between ,  lessor,  and 

,  lessee,  witnesseth : 

That  the  said  lessor,  for  and  in  consideration  of  the  rents,  royalties, 
covenants,  and  agreements  hereinafter  reserved,  and  by  the  said  lessee 
to  be  i^aid,  kept,  and  performed,  has  let,  and  by  these  presents  does  let, 
unto  the  said  lessee,  all  the  following  described  mine  and  mining  prop- 
erty, situated  in  mining  district,  county  of  ,  state  of  ,  to 

wit: ;  together  with  the  appurtenances. 

To  have  and  to  hold  unto  the  said  lessee  for  the  term  of  one  year 

from  the  date  hereof,  expiring  on  the  day  of  ,  19 — ,  unless 

sooner  forfeited  as  determined. 

And  in  consideration  of  the  said  lease,  the  said  lessee  does  covenant 
and  agree  with  said  lessor  as  follows,  to  wit: 

To  enter  upon  said  mine  or  premises  and  work  the  same  in  a  manner 
necessary  to  good  and  economical  mining,  so  as  to  take  out  the  greatest 
amount  of  ore  possible,  with  due  regard  to  the  safety,  development,  and 
preservation  of  the  said  premises  as  a  workable  mine. 

To  work  and  mine  said  premises  as  aforesaid  steadily  and  continu- 
ously from  the  date  of  this  lease;  and  that  any  failure  to  work  said 
premises  with  at  least  four  persons  employed  underground  for  the  space 
of  thirty  (30)  consecutive  days  may  by  said  lessor  be  considered  a  vio- 
lation of  this  covenant. 

To  well  and  sufficiently  timber  said  mine  at  all  points  where  proper, 
and  to  repair  all  old  timbering  wherever  it  may  become  necessary. 

To  allow  said  lessor  and  his  agents  to  enter  upon  and  into  all  parti 
of  said  mine  for  the  purpose  of  inspection. 

To  not  assign  this  lease,  or  any  interest  thereunder,  and  to  not  sub- 
let the  said  premises  or  any  part  thereof,  without  the  written  assent  oi! 
said  lessor,  and  to  not  allow  anj^  person  or  persons  except  the  said  lessee 
and  his  vvorkmen  to  take  or  hold  possession  of  said  premises,  or  any 
part  thereof,  under  any  pretense  whatever. 

To  occupy  and  hold  all  cross  or  parallel  lodes,  dips,  spurs,  feeders, 
crevices,  or  mineral  deiDOsits  of  any  kind  which  may  be  discovered  in 
working  under  this  lease,  or  in  any  tunnel  run  to  intersect  the  lode 

known  as  the lode,  or  by  the  said  lessee,  or  any  person  or  persons 

under  him,  in  any  manner,  at  any  point  within  three  hundred  (300)  feet 
of  the  center  line  of  said  lode,  as  the  property  of  said  lessor,  with  privi- 
lege to  said  lessee  of  working  the  same  as  an  appurtenance  of  said  de- 
mised premises,  during  the  term  of  this  lease;  and  to  not  locate  or  rec- 
ord the  same,  or  allow  the  same  to  be  located  or  recorded,  except  in  the 
name  of  said  lessor. 

To  keep  at  all  times  the  drifts,  shafts,  tunnels,  and  other  passages  and 
workings  of  said  demised  premises  thoroughly  drained  and  clear  of  loose 
rock  and  rubbish  of  all  kinds. 


Form  2410  Cowdeby 's  Form  Book.  &54 

To  keep  books  of  aeeonnt  showing  the  ainonnt  of  ores  extracted  from 
said  mine,  the  amount  of  ore  shipped,  sold,  or  treated,  and  the  amount 
of  money  received  from  the  sale  of  said  ores  or  the  values  extracted 
therefrom;  that  from  and  out  of  the  values  obtained  from  the  ores  so 
extracted,  and  which  may  be  found  in,  upon,  or  around  said  mine,  and 
reduced,  treated,  sold,  or  shipped,  the  said  lessee  will  pay  to  the  said 

lessor per  cent  of  the  gross  proceeds  thereof,  and  to  deliver  to  said 

lessor,  at  the  end  of  the  term, per  cent  of  all   ores  extracted  from 

said  mine  and  which  have  not  been  shipped,  sold,  treated,  or  reduced; 
that  a  duplicate  of  all  mill,  smelter,  or  retort  returns  shall  be  furnished 
by  the  mill  owner,  or  by  the  owner  of  the  smelter  or  retort,  to  the  said 
lessor;  and  that  said  books  of  account  shall  be  open,  at  all  reasonable 
times,  to  the  said  lessor  and  his  representatives. 

To  deliver  up  to  the  said  lessor  the  said  premises,  with  the  appurte- 
nances and  all  improvements,  in  good  order  and  condition,  with  all 
shafts  and  tunnels  and  other  passages  thoroughly  clear  of  rubbish  and 
drained,  and  the  mine  in  all  points  ready  for  immediate  continued  work- 
ing, accidents  not  arising  from  negligence  alone  excusing,  without  de- 
mand or  further  notice,  on  said day  of ,  19 — ,  at  noon,  or  at 

any  time  previous,  upon  demand  for  forfeiture. 

And  finally,  upon  the  violation  by  the  said  lessee,  or  any  other  person 
under  him,  of  any  covenant  or  covenants  hereinbefore  reserved,  the  term 
of  this  lease  shall,  at  the  option  of  said  lessor,  expire  and  the  same 
and  said  premises,  with  the  appurtenances,  shall  become  forfeited  to 
said  lessor,  and  said  lessor  or  his  agent  may  thereupon,  after  demand 
of  possession,  enter  upon  said  premises  and  dispossess  all  persons  oc- 
cupying the  same,  with  or  without  force,  and  with  or  without  process 
of  law,  or  at  the  option  of  said  lessor  or  in  any  other  manner. 

Each  and  every  clause  and  covenant  of  this  lease,  where  the  context 

requires  it,  shall  extend  to  and  include  the    heirs  and  assigns  of  the 

lessor,  and  the  executors,  administrators,  and  assigns  of  the  lessee. 

Witness  our  hands  [etc.]. 

[Signatures.] 

[Acknowledgment.] 

^0.  2410.    Lease  of  Oil  Land. 

This  lease,  made  and  entered  into  this day  of ,  19 — ,  by  and 

between of  the  county  of ,  state  of ,  hereinafter  called  the 

lessor,    and  ,  of  ,  county    of  ,  state    of  ,  hereinafter 

^;alled  the  lessee,  witnesseth: 

That  the  lessor,  for  and  in  consideration  of  the  sum  of  one  dollar 
($1)  paid  to  the  lessor  by  the  lessee,  the  receipt  of  which  is  hereby 
acknowledged,  and  in  further  consideration  of  the  rent  and  royalty 
hereinafter  set  forth  to  be  paid  by  the  lessee  to  the  lessor,  upon  the 
ferms,  and  at  the  times,  and  under  the  conditions  hereinafter  mentioned, 
does  hereby  lease,  demise,  and  let  unto  the  lessee,  his  heirs  and  assigns, 


^55  Leases.  Form  2410 

the  following  described  tract,  piece,  or  parcel  of  land,  situaied  in  the 

county  of ,  state  of ,  bounded  and  described  as  follows,  to  wit: 

;  together  with  all  the  oil,  gas,  and  other  minerals  in  and  under 

the  said  land,  for  the  purpose,  and  with  the  exclusive  privilege,  of  drill- 
ing and  operating  for  oil,  gas,  and  other  minerals  on  said  land,  and  oP 
extracting  said  minerals  therefrom ;  together  with  the  right  to  construct 
and  maintain  tanks,  buildings,  and  outhouses  necessary  to  said  work  and 
incidental  thereto;  and  the  right  to  construct  and  maintain  such  tele- 
phone lines,  pipe-lines  (to  convey  either  oil,  gas,  or  water),  canals, 
ditches,  and  highways  required  or  convenient  for  the  proper  execution 
of  the  terms  and  covenants  of  this  lease;  together  with  such  other  privi- 
leges as  are  necessary  for  conducting  said  operations;  the  lessee,  for 
said  purposes,  to  enjoy  the  free  and  unobstructed  right  of  way  in,  to, 
and  over  said  premises  during  the  life  of  this  lease. 

The  lessee  covenants  and  agrees  to  commence  active  work  to  develop 

said  land  for  oil,  gas,  and  other  minerals,  on  or  before  the  day  of 

,  19 — ,  and  to  prosecute  said  work  diligentlj^  and  continuouslj^,  and 

in  good  faith,  until  a  well  one  thousand  (1,000)  feet  in  depth  has  been 
drilled,  unless  oil  or  gas  shall  have  been  struck  at  a  lesser  depth;  and, 
within  one  hundred  (100)  days  after  the  completion  of  the  first  well, 
the  lessee  agrees  to  begin  the  drilling  of  a  second  well,  and  to  prosecute 
the  work  thereon  continuously  and  with  like  diligence  and  good  faith; 
and  so  on,  by  the  drilling  of  similar  wells,  until  the  whole  of  the  said 

property    has  been    developed  by    the    sinking  of  at  least  wells, 

unavoidable  delays  and  accidents  alone  excepted. 

The  lessee  agrees  to  keep  true  and  correct  accounts,  showing  the  pro- 
duction of  each  and  every  well  sunk  by  him;  to  keep  and  use  accurate 
devices  for  measuring  the  output  of  said  wells;  to  keep  books  showing 
such  output,  free  and  open  at  all  times  for  the  inspection  of  the  lessor; 

and  to  furnish  the  lessor,  on  or  about  the  day  of  each  and  every 

month,  a  full  and  correct  written  statement  of  all  mineral  products, 
if  any,  from  said  land  for  the  preceding  calendar  month. 

The  lessee  agrees  to  perform  the  necessary  annual  assessment-work 
required  by  law  upon  said  land,  and  to  file  good  and  sufficient  affidavits 
therefor  with  the  proper  officer. 

The  lessee  agrees  that  he  will  not  suffer  any  lien  to  be  filed  against 
said  land  and  premises,  or  any  part  thereof,  for  work  or  labor  done, 
or  materials  or  supplies  furnished,  during  the  term  of  this  lease;  that, 
if  any  such  lien  is  filed,  he  will  defend  the  same  at  his  own  expense; 
and  that,  if  any  judgment  lien  on  said  premises  be  filed,  he  will  pay 
and  discharge  the  same. 

The  lessee  agrees  to  pay  all  taxes  that  may  be  levied  on  said  land 
at  any  time  during  the  life  of  this  lease. 

As  royalty  or  rent  for  said  premises,  the  lessee  agrees  to  pay  to  the 

lessor per  cent,  net,  of  all  petroleum,  asphaltum,  oil,  gas,  and  other 

minerals  which  may  be  discovered  and  produced  and  saved  from  said 


Form  2410  Cowdery's  Form  Book.  856 

land,  and  to  collect  and  carefully  preserve  any  and  all  of  said  products 
in  tanks,  or  reservoirs,  or  in  some  other  substantial  and  approved  man- 
ner, whicli  tanks  and  reservoirs  shall  be  built  and  maintained  upon  said 
premises  at  the  expense  of  the  lessee. 

It  is  distinctly  understood  and  agi-eed  by  and  betv/een  the  lessor 
and  the  lessee  that  all  royalties  accruing  to  the  lessor  shall  be  tanked 
or  stored  as  above  set  forth,  on  said  premises,  or  at  the  most  accessible 

point  of    transportation,  for  days    without  cost  or    charge  to  the 

lessor;  and  further,  that  all  the  mineral  products  from  said  land, 
wherever  taken  or  stored,  shall  at  all  times,  during  business  hours,  be 
open  for  the  inspection  of  the  lessor,  his  agents  or  representatives,  with^ 
out  let  or  hindrance.  But  it  is  mutually  agreed  between  the  parties 
hereto  that  all  mineral  products  accruing  to  the  lessor  under  the  terms 
of  this  lease  may  be  marketed  by  the  lessee,  and  that  such  part  oC  the 
net  proceeds  as  shall  belong  to  the  lessor  under  the  terms  of  this  lease 
shall  be  placed  to  the  credit  of,  and  be   paid  over  to,  the  lessor  on  or 

before  the day  of  each  and  every  montli  for  all  sales  made  during 

the  preceding  calendar  month;  provided,  that  the  lessor  shall  have  the 
right,  at  any  time,  to  elect  to  accept  and  receive  in  kind  the  royalty  so 
agreed  to  be  given,  from  the  delivery  tanks  or  reservoirs  on  the  prem- 
ises as  aforesaid,  or  at  any  other  place  where  the  same  may  have  been 
stored,  or  to  which  the  same  has  been  conveyed  by  the  lessee;  but  the 
lessor  shall  remove  the  same  at  his  own  expense. 

It  is  mutually  agreed  between  the  parties  hereto  that  the  lessee  shall 

have,  free  of  charge,  all  such  oil,  asphaltum,  and  other  mineral  products 

of  said  land  as  may  be  found  necessary  to  generate  power  for  drilling 

and  boring  wells  on  said  land,  and  for  all  domestic  purposes  and  uses. 

To  have  and  to  hold  the  said  premises,  for  said  purposes    only,  unto 

the  lessee  for  the  term  of years  from  date  hereof; 

Provided,  that,  at  any  time  within  years  from  date  hereof,  the 

lessee,  if  not  in  any  wise  in  default,  shall  have  the  privilege  and  option 

to  purchase  the  whole  or  any  part  of  said  land  for  the  sum  of  

dollars  ($ )  per  acre;  and  that,  at  the  expiration  of  said  term  of 

years,  the  lessee  shall  have  the  option  of  renewing  said  lease  for 

the  further  period  of years. 

Nothing  but  substantial  work  and  continued  operations  under  the 
terms  of  this  lease  shall  be  considered  a  compliance  with  its  terms; 
and  this  lease  shall  terminate  unless  operations  shall  be  commenced  on 
the  premises,  and  a  well  completed,  unavoidable  delay  or  accident  ex- 
cepted, within  months  from  date;  or  if  the  lessee  shall  suspend 

operations  for  a  period  of months  before  the  whole  property  shall 

have  been  developed  according  to  the  covenants  of  this  lease ;  or  should 
the  lessee  fail  to  pay  the  taxes  as  agi-eed;  or  in  case  of  failure  to  pay 
royalty  in  money  or  in  kind  when  due ;  or  in  case  of  breach  of  any  of  the 
other  covenants  in  this  lease;  but  in  case  of  termination  of  this  lease 
for  any  reason  other  than  a  failure  to  pay  royalty,  or  to  do  assessment 


857  Leases.  Forms  2411-2-115 

work,  or  to  protect  the  demised  premises  against  liens  for  labor  done 
or  materials  furnished,  the  lessee  shall  retain  all  producing  wells  and 
two  hundred  (200)  feet  on  each  side  thereof  during  the  remainder  of 
the  term  of  this  lease,  with  the  necessary  right  of  way  over  the  remainder 
of  the  land. 

Forfeitures  or  a  suspension  of  the  rights  of  the  lessee  shall  be  the 
only  remedy  reserved  to  the  lessor  for  a  breach  of  any  of  the  covenants 
of  this  lease. 

This  lease  is  not  assignable  without  the  written  consent  of  the  lessor. 

Witness  our  hands  this day  of ,  19 — . 

[Signatures.] 

[Acknowledgment.  ] 

No.  2411.    Covenant  to  Pay  Rent. 

And  the  said  doth  hereby,   for  himself,  his  heirs,   executors, 

administrators,  and  assigns,  covenant,  promise,  and  agree  to  and  with 

the  said ,  his  heirs  and  assigns,  in  manner  following,  that  is  to  say, 

that  he,  the  said  ,  his  executors,  administrators,  or  assigns,  shall 

and  will  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said -, 

his  heirs  and  assigns,  the  said  yearly  rent  of  dollars  ($ ).  in 

the  manner  hereinbefore  limited  and  appointed. 

No.  2412.    Covenant  to  Pay  Taxes. 

And  it  is  hereby  agreed  that  the  said  lessee  will,  as  additional  rent, 
pay  and  discharge  all  taxes  and  assessments  which  may  be  levied  during 
said  term  upon  said  premises. 

No.  2413.    Covenant  to  Repair. 

Provided  also,  nevertheless,  that  said  lessee  will,  at  his  proper  costs 
and  charges,  from  time  to  time,  and  at  all  times  during  said  terra, 
well  and  sufficiently  repair,  and  keep  said  premises,  with  the  appur- 
tenances, hereinbefore  let  or  demised,  and  every  part  and  parcel  thereof, 
in,  by,  and  with  all,  and  all  manner  of,  needful  and  necessary  repara- 
tions, supports,  pavements,  and  amendments  whatsoever,  and  that  when, 
where,  and  as  often  as  need  or  occasion  shall  be  and  require,  the  casualty 
of  fire  only  excepted. 

No.  2414.     Covenant  as  to  Holding  Over. 

And  if  the  said  party  of  the  second  part  shall  hold  over  said  terra, 
with  the  consent,  express  or  implied,  of  the  party  of  the  first  part,  such 
holding  shall  be  construed  to  be  a  tenancy  only  from  month  to  month. 

No.  2415.    Covenant  Excepting  Right  of  Way. 

Except,  and  always  reserved  unto  and  for  the  said ,  his  executors, 

administrators,  tenants,  and  assigns,  and  all  other  persons  whatsoever, 
free  leave  and  liberty  to  pass  and  repass,  in,  by,  or  through  the  way 


Forms 2416-2418         Co. vdeuy's  Form  Book.  858 

or  passage  lying  tliiough  the  said  tenement  into  a  place  there,  on  the 
back  part  of  the  said  tenement,  at  all  convenient  times,  in  the  daytime 
only,  during  the  term  of  years  hereinafter  granted. 

No.  2416.    Covenant  Excepting  Timber,  etc.,  on  Premises. 

Except,  and  always  reserved  out  of  this  present  lease,  all  timber 
and  all  other  trees  whatsoever  which  now  are,  or  at  any  time  hereafter 
shall  be,  standing  and  being  in,  upon,  and  about  the  said  leased  prem- 
ises, or  any  part  thereof,  with  free  liberty  of  ingress  to  and  for  the  said 

,  his  heirs  and  assigns,  servants  and  workmen,  from  time  to  time, 

and  at  all  times  during  the  term  hereof,  the  same  to  fell,  stock  up, 
cut  down,  hew,  and  carry  away,  in  and  through  the  said  leased  premises, 
or  any  part  thereof,  doing  no  willful  hurt  or  damage  to  the  grain  and 

grass  of  the  said ,  his  executors,  administrators,  and  assigns,  at  all 

times  during  the  term  hereby  leased,  and  free  liberty  to  enter  into  and 
upon  the  said  premises,  and  every  part  thereof,  to  view  the  condition 
of  the  repairs  thereof. 

No.  2417.    Covenant  Excepting  Waterway. 

Except,  and  always  out  of  this  present  demise  reserved  unto  and 
for  the  said  lessors  and  ,  their  executors,  administrators,  and  as- 
signs, and  the  inhabitants  of  the  said  tenement,  the  waterway,  or 
passage  for  water,  made  under  or  through  the  shop  of  the  said  hereby 
demised  tenement  for  conveyance  of  water  from  the  yard  or  back  part 
of  the  said  tenement,  and  free  liberty  of  ingress,  egress,  and  regress 
into,  upon,  or  over  the  said  hereby  demised  tenement  for  them,  the  said 

_ .  an(3  ^  their  executors,  administrators,  tenants,  workmen,  and 

assigns,  at  all  times  convenient  during  the  term  hereby  granted,  to 
cleanse,  repair,  and  amend  the  said  waterway. 

No.  2418.  Covenant  That  Lessee  may  Deduct  Taxes  and  Charges  of 
Repairs  Out  of  E-ent. 
And  also  that  it  shall  and  may  be  lawful  to  and  for  the  said  lessee, 
his  executors  [etc.],  to  retain,  deduct,  and  keep  out  of  every  year's  rent 
agreed  to  be  paid  to  the  said  lessor,  his  heirs  or  assigns,  as  aforesaid, 
all  and  so  much  money  as  he,  the  said  lessee,  his  executors  [etc.],  shall 
from  time  to  time  during  the  said  term  have  paid  for  the  taxes  agreed 
to  be  paid  by  the  said  lessor,  his  heirs  and  assigns.  And  also  for  such 
repairs,  amendments,  and  additions  by  him  made  and  done,  in  and 
about  the  premises,  by  and  with  the  consent  or  direction  of  the  said 
lessor,  his  heirs  or  assigns,  or  without  such  consent  or  direction,  so 
that  such  money  be  laid  out  and  expended  in  repairing  and  supporting 
the  said  premises,  or  some  part  thereof. 


859  Leases.  Forms  2419-2422 

No.  2419.    Covenant  to  Renew  Lease. 

And  further  that  he,  the  said  lessor,  his  heirs,  executors  [etc.],  at 
the  costs  and  charges  of  the  said  lessee,  his  heirs,  executors,  adminis- 
trators, or  assigns,  if  thereto  requested  by  him  or  them  six  months 
before  the  expiration  of  the  term  hereby  demised,  shall  and  will  grant 
a  furtlicr  lease  of  the  aforc;<:!i<l  ijrcmises  to  the  said  lessee,  his  heirs, 
executors  [etc.],  for  the  further  term  of  twenty  years,  to  commence 
from  the  expiration  of  the  term  liereby  granted,  at  and  under  the  same 
yearly  rent,  and  containing  therein  the  like  covenants  and  agreements 
as  are  in  these  presents  contained,  he,  the  said  lessee,  his  heirs,  executors 
[etc.],  executing  at  the  same  time  a  counterpart  thereof  [etc.]. 

No.  2420.  Covenant  not  to  Assign,  Underlet,  Alter  or  Improve  Without 
License  from  Lessor. 
And  the  said  lessee,  for  himself,  his  heirs,  executors  and  adminis- 
trators, agrees  not  to  assign  this  lease  during  any  part  of  this  demise, 
or  underlease  or  underlet  the  demised  premises,  or  in  any  other  manner 
part  with  the  possession  or  occupation  of  the  same,  or  improve,  or  per- 
mit any  other  person  to  improve,  said  premises,  or  make,  or  permit  any 
other  person  to  make,  alterations  or  repairs  of  the  whole  or  any  part 
of  the  demised  premises,  without  the  special  license  and  consent  of  the 
said  lessor,  his  heirs  or  assigns,  in  writing,  first  had  and  obtained. 

No.  2421.    Covenant  not  to  Lop  Trees,  etc. 

And  that  the  said  lessee,  his  executors  [etc.],  shall  not  nor  will,  at 
any  time  or  times  during  the  time  hereby  leased,  lop  or  cut  any  of  the 
trees  or  wood  belonging  to  the  said  premises,  but  such  wood  as  has  been 
usually  lopped  and  cut  by  the  former  and  other  tenants,  and  those  only 
of  twelve  years'  growth,  and  the  lops  which  shall  arise  and  come  there- 
from not  to  be  sold  or  disposed  of  in  any  other  way,  and  shall  not, 
at  any  time  during  this  lease,  inordinately  burn  or  waste  any  of  the 
firewood  which  is  so  allowed  to  be  used,  and  shall  keep  the  said  trees,  as 
also  all  the  fruit  trees  and  wood,  from  all  willful  or  negligent  hurt  or 
waste. 

No.  2422.  Covenant  not  to  Carry  on  Noxious  or  Offensive  Trade,  nor 
Permit  It  to  be  Done. 
And  also  that  he,  the  said  lessee,  his  executors,  administrators  and 
assigns,  shall  not  nor  will,  at  any  time  during  the  continuance  of  the 
said  term  hereby  granted,  permit  or  suffer  any  ])erson  or  persons  to  use, 
exercise,  carry  on  or  follow,  in  or  upon  the  said  hereby  demised  tene- 
ment and  prciiiiscs,  or  in  or  upon  any  part  thereof,  the  trade  of  butcher, 
currier,  soap-boiler,  brewer,  distiller,  tallow-chandler,  tinman,  dyer, 
founder,  smith,  or  any  other  nauseous  or  offensive  business  or  trade 
whatsoever,  and  particularly  any  business  or  trade  Avhich  may  be  nau- 
seous or  offensive,  or  gi'ow  to  the  annoyance,  prejudice  or  disturbance 


Forms  2423-2425         Cowdery's  Form  Book.  860 

of  any  of  the  other  tenements  of  the  said  lessor  near  or  adjoining 
thereto,  without  the  license  and  consent  of  the  said  lessor,  his  heirs, 
executors,  administrators,  or  assigns,  first  had  and  obtained  in  writing 
for  that  purpose. 

No.  2423.    Covenant  to   Expend  a   Stated   Sum,  in  a  Given  Time,  for 

Repairs. 

And  the  said  lessee  doth  covenant  with  the  said  lessor,  his  heirs 

and  assigns,  that  he,  the  said    lessee,  his  executors    [etc.],  shall  and 

will,  within  one  year  next  after  the  date  hereof,  lay  out  and  expend  the 

sum  of  dollars    ($ )   in    repairing,    amending,    adorning,    and 

beautifying  the  said  tenement  hereby  demised. 

No.  2424.    Covenant  That  Landlord  may   Enter  to   Inspect  Premises, 
etc. 

And  further,  that  it  shall  be  lawful  to  and  for  the  said  lessor,  his 
executors  [etc.],  or  any  of  them,  with  workmen  or  others,  or  without, 
twice  in  every  year  during  the  continuance  of  this  lease,  at  seasonable 
times  in  the  daytime,  to  enter  and  come  in  and  upon  the  said  premises, 
or  any  part  thereof,  and  view,  search  and  see  the  state  and  condition  of 
the  reparations  of  the  same,  and  of  all  defects,  defa\;lts  and  want  of  re- 
pairs then  and  there  found,  to  leave  or  give  notice  or  warning,  in  writing, 

at  and  upon  said  premises,  to  and  for  said  for  the  repairing  and 

amending  the  same  within  the  space  of  one  month  then  next  following, 
in  which  said  space  of  time  [etc.],  after  every  or  any  such  notice  or 

warning,  he,  the  said for  himself,  his  executors  [etc.],  doth  hereby 

covenant  [etc.]  to  and  with  the  said  - — — ,  his  executors  [etc.],  well  and 
sufficiently  to  repair  and  amend  the  defects  and  want  of  reparation  so 
to  be  found  as  aforesaid. 

No.  2425.    Covenant  that  Landlord  may  Enter  to  Make  Inventory,  etc. 

And  further,  that  it  shall  and  may  be  lawful  for  the  said  ,  his 

heirs  and  assigns,  or  any  of  them,  with  workmen  or  others  in  his  com- 
pany, to  enter  upon  the  said  premises,  and  every  part  thereof,  at  sea- 
sonable and  convenient  times  in  the  day,  at  any  time  during  the  last  five 
years  of  the  said  term,  to  make  an  inventory  of  the  several  fixtures  and 
things,  then  standing  and  being  in  and  upon  the  said  hereb}^  demised 
premises,  which  are  to  be  left  at  the  end  of  the  said  term  for  the  use  of 
the  said  ,  his  heirs  and  assigns,  pursuant  to  the  covenant  herein- 
before in  that  behalf  contained,  as  also  twice  or  oftener  in  every  year, 
during  the  said  term,  to  view,  search  and  see  the  defects,  and  want  of 
reparations  which,  upon  every  or  any  of  such  view  or  search,  shall  be 
from  time  to  time  found,  and  to  give  or  leave  notice  or  warning  thereof 
in  writing,   at  or  upon  the  said   demised  premises,   unto   and   for  the 

said ,  his  executors,  administrators  or  assigns,  to  repair  and  amend 

the  same. 


861  Leases.  Forms  24:26-2'129 

No.  2426.     Covenajit  to  Deliver  Possession. 

And  will,  at  the  expiration  of  said  term,  or  sooner  determination 
of  this  present  lease,  peaceably  and  quietly  deliver  up  to  the  lessor, 
his  heirs  or  assigns,  the  said  premises,  and  all  new  fixtures  and  addi- 
tions thereto,  except  as  hereinbefore  excepted,  in  such  good  and  substan- 
tial repair  and  condition  as  aforesaid. 

No.  2427.    Covenant  to  Erect  Brick  Buildings. 

And  that  he,  the  said ,  his  executors,  administrators  or  assigns, 

will,  before  the  expiration  of  the  first  year  of  the  said  term,  at  his 
and  their  own  costs,  build,  complete,  and  finish,  in  a  workmanlike  man- 
ner, one  or  more  good  and  substantial  brick  tenements  upon  some  part 
of  the  ground  hereby  demised,  and  shall  and  will  lay  out  and  expend 

therein  the  sum  of dollars  ($ ),  or  upward;  and  also  that  he, 

the  said ,  his  executors  [etc.],  shall  and  will  from  time  to  time,  and 

at  all  times  from  and  after  the  said  tenements,  erections  and  buildings 
on  the  said  piece  of  ground  hereby  demised  shall  be  respectivly  com- 
pleted and  finished,  during  the  remainder  of  the  said  term,  Avlien,  where 
and  as  often  as  need  or  occasion  shall  be  and  require,  at  his  and  their 
own  costs  and  charges,  well  and  sufficiently  repair,  maintain  and  keep 
the  said  tenements,  erections  and  buildings,  and  all  the  walls,  rails, 
lights,  pavements,  grates,  privies,  sinks,  drains  and  watercourses  there- 
unto belonging  and  which  shall  belong  to  the  same,  in,  by  and  with  all, 
and  all  manner  of,  needful  and  necessary  reparations,  cleansings  and 
amendments  whatsoever. 

No.  2428.    Covenant  to  Insure. 

And  that  he,  the  said  lessee,  his  executors  [etc.],  shall  and  will,  at 
his  and  their  own  costs  and  charges,  from  time  to  time,  sufficiently 
insure  all  and  every  the  tenements,  erections  and  buildings  which  shall 
be  erected  and  built  upon  the  said  piece  or  parcel  of  ground  hereby 
demised,  or  any  part  thereof,  from  casualties  by  fires  during  the  then 
remainder  of  the  said  term  hereby  granted,  in  an  insurance  company 
acceptable  to  the  lessor,  and  in  case  the  said  buildings,  or  any  of  them, 
or  any  part  of  any  of  them,  shall  at  any  time  or  times  during  the  said 
term  be  burned,  destroyed,  or  damaged  by  fire,  shall  and  Avill,  from 
time  to  time,  immediately  afterward,  rebuild  or  well  and  sufficiently 
repair  the  same. 

No.  2429.    Covenant  to  Occupy  Premises. 

And  also  that  they,  the  said  lessees,  some  or  one  of  them,  shall  and 
will  personally  inhabit  and  occupy  the  said  farmhouse,  with  the  appur- 
tenances, with  their,  some  or  one  of  their,  families,  and  not  shut  up  or 
desert  the  same  during  the  said  term. 


Forms  2430-2434         Cowdery's  Form  Book.  862 

No.  2430.    Covenant  to  Repair,  After  Notice. 

And  that  the  said  lessee,  his  executors  [etc.],  shall  and  will,  within 
three  months  next  after  every  such  notice  or  warning  shall  be  given 
or  left,  at  his  and  their  own  costs,  well  and  sufficiently  repair,  amend 
and  make  good  all  and  every  the  defects,  and  want  of  reparations. 
whereof  such  notice  or  warning  shall  be  so  given  or  left  as  aforesaid. 

No.  2431.    Covenant  to  Repair,  Lessor  Finding  Materials. 

Also  that  he,  the  said  lessee,  his  executors,  administrators  and  as- 
signs, shall  and  will,  at  his  and  their  own  costs,  well  and  sufficiently 
repair,  maintain  and  keep  in  repair  the  said  tenement,  and  all  otlier 
buildings,  hedges  and  fences  belonging  to  the  said  premises,  and  he, 
the  said  lessor,  will  permit  the  said  lessee,  his  heirs  and  assigns,  to  take 
from  said  premises  all  necessary  materials  for  said  repairs. 

No.  2432.    Covenant  to  Restore  Personal  Property. 

Said  personal  property  to  be  restored  to  the  lessor  at  the  expiration 
of  this  lease  in  as  good  order  as  such  property  now  is,  wear  and  diminu- 
tion resulting  from  reasonable  use  and  unavoidable  casualties  and  acci- 
dental loss  by  fire  alone  excepted. 

No.  2433.     Covenant  for  Quiet  Enjoyment. 

And  the  said  lessor,  for  himself,  his  heirs,  executors,  administrators 
and  assigns,  doth  covenant,  promise,  and  agree  to  and  with  the  said 
lessee,  his  heirs,  executors,  administrators  and  assigns,  that  is,  the  said 
lessee,  his  heirs  [etc.],  paying  the  said  rent  above  hereby  reserved,  and 
observing,  performing  and  keeping  all  and  singular  the  covenants, 
clauses,  articles  and  agreements  herein  contained  on  his  or  their  part 
to  be  observed,  fulfilled,  and  kept,  according  to  the  true  intent  and  mean- 
ing of  these  presents,  shall  and  may  lawfully,  peacefully,  and  quietly 
ha'v'e,  hold,  use,  occupy,  possess  and  enjoy  said  premises  [etc.]  hereby 
leased,  with  the  appurtenances,  and  every  part  and  parcel  thereof,  for 
and  during  all  said  term  of  twenty  years,  hereby  granted,  without  any 
let,  suit,  hindrance,  eviction,  ejection,  molestation  or  interruption  what- 
soever of  or  by  the  said  lessor,  or  his  heirs  [etc.],  or  of  or  by  any  other 
person  or  persons  whatsoever  lawfully  claiming  or  to  claim  by,  from, 
or  under  them  or  any  or  either  of  them. 

No.  2434.    Covenant  That  Lessee  may  Quit. 

It  is  hereby  agreed,  by  and  betv\-een  all  the  parties  to  these  presents, 
that  in  case  the  said  lessee,  his  heirs,  executors,  or  administrators,  shall 
be  minded  to   quit   the  said   leased  premises  at   any   time   during  the 

term  hereby  granted,  and  shall  give  months'  notice  to  that  effect 

to  the  said  lessor,  then  this  lease,  and  the  term  hereby  granted,  shall 
cease,  determine,  and  be  utterly  void,  anything  herein  contained  to  the 
contrary  thereof  in  any  wise  notwithstanding. 


863  Leases.  Forms  2135-24:37 

No.  2435.     Covenant  to  Sell  Inheritance  to  Lessee  upon  Request. 

And  in  case  the  said  lessee,  his  heirs,  executors,  administrators  or  as- 
signs, shall  during  the  said  term  be  desirous  to  purchase  the  inheritance 
of  tlie  premises  hereby  demised,  and  shall  give  notice  of  such  intention 
or  desire,  in  writing,  during  the  same  term,  unto  the  said  lessor,  his 
heirs  or  assigns,  at  his  or  their  usual  place  of  abode,  then  he,  the  said 
lessee,  his  heirs  and  assigns,  shall  and  will  at  any  time  during  the 
said  term,  at  the  charges  in  the  law  of  the  said  lessee,  his  heirs,  execu- 
tors, administrators  or  assigns,  convey  and  assure  the  inheritance  of  the 
said  hereby  demised  premises  unto  the  said  lessee,  his  heirs,  executors, 
administrators  or  assigns,  and  to  the  heirs  and  assigns  of  him,  or  them, 
or  as  he  or  they  shall  direct;  he,  the  said  lessee,  his  heirs,  executors 

[etc.],  paying  unto  the  said  lessor,  his  heirs  or  assigns,  the  sum  of 

dollars  ($ ),  as  the  consideration  of  such  purchase,  and  also  pajang 

to  him  or  them  all  arrears  of  rent  which  shall  be  then  due  [etc.]. 

No.  2436.    Proviso  for  Lease  to  be  Void  upon  Death  of  Lessee. 

Provided  always,  and  these  presents  are  npon  this  condition  never- 
theless, that  if  the  said  lessee  shall  happen  to  die  at  any  time  during 
the  term  hereby  demised,  and  the  executors,  administrators  or  assigns 
of  tlie  said  lessee  shall  at  any  time  after  the  expiration  of  the  first  three 
years  of  the  said  terra  of  seven  jears  hereby  demised  be  minded  and 
desirous  to  quit  and  leave  the  said  demised  premises,  and  of  such  his 
mind  and  intention,  shall,  on  any  day  after  the  expiration  of  the  said 
three  years  give  or  leave  six  months'  warning,  in  writing,  to  or  for  the 
said  lessor,  his  executors,  administrators  or  assigns,  having  first  paid 
the  rent  and  performed  and  kept  all  and  singular  the  covenants,  pro- 
visos, and  agreements  herein  contained  on  his  or  their  part  to  be  paid, 
done,  and  performed,  then  and  in  such  case,  at  the  expiration  of  the 
said  six  months,  such  notice  having  been  first  given  as  aforesaid,  these 
presents,  and  the  term  hereby  gi-anted,  as  for  any  future  continuance, 
shall  cease,  determine  and  be  utterly  void,  anything  herein  contained 
to  the  contrary  thereof  in  any  wise  notwithstanding. 

NOTE. — If  the  hiring  of  a  thing  is  terminable  at  the  pleasure  of  one  of  the 
parties,  it  is  terminated  by  notice  to  the  other  of  his  death  or  incapacity  to  con- 
tract.   In  other  cases  it  is  not  terminated  thereby :  See  Cal.  Civ.  Code,  see.  1934. 

No.  2437.  Proviso  That  Either  Party  may  Determine  Lease  on  Giving 
Prescribed  Notice. 
Provided  always,  and  these  presents  are  upon  this  condition  never- 
theless, that  it  shall  and  may  be  lawful  to  and  for  either  the  said 
lessee,  his  heirs  or  tissigns,  or  the  said  lessor,  his  executors,  adminis- 
trators or  assigns,  to  determine  and  make  void  this  lease  at  the  expira- 
tion of  the  first  five  or  ten  years  of  the  said  term  of  twenty  years  hereby 
granted,  on  causing  notice  or  warning,  in  writing,  for  that  purpose  to 
be  given  to,  or  left  for,  the  other  of  them,  his  heirs,  executors,  admin- 


Forms  2438-2441         Cowdery's  Form  Book.  864 

istrators,  or  assigns,  at  his  or  their  usual  or  last  place  of  abode,  six 
calendar  months  at  least  before  the  time  limited  for  determining  the 
same  as  aforesaid,  anything  herein  contained  to  the  contrary  thereof 
in  any  wise  notwithstanding. 

No.  2438.  Proviso  That  Landlord  may  Re-enter  upon  Nonpayment  of 
Rent  or  Assignment  of  Lease  "Without  License. 
Provided  always,  nevertheless,  that  if  it  shall  happen  that  the  said 
yearly  rents  hereby  reserved,  or  either  of  them,  shall  be  behind  and 
unpaid  by  the  space  of  twenty  days  next  after  either  of  the  said  days 
of  payment,  or  if  the  said  lessee,  his  executors  or  administrators,  shall 
assign  over  or  otherwise  part  with  this  lease,  or  the  premises  hereby 
demised,  or  any  part  thereof,  to  any  person  or  persons  whatsoever, 
without  the  consent  of  the  said  lessor,  his  heirs  or  assigns,  first  had 
and  obtained,  in  writing,  under  his  or  their  hands,  for  that  purpose, 
then,  and  in  either  of  the  said  cases,  it  shall  and  may  be  lawful  to  and 

for  the  said  ,  his  heirs  or  assigns,  into  the  said  premises  hereby 

leased,  or  any  part  thereof  in  the  name  of  the  whole,  to  re-enter,  and 
the  same  to  have  again,  retain,  repossess  and  enjoy  as  his  and  their 
first  and  former  estate  or  estates,  anything  herein  contained  to  the  con- 
trary thereof  in  any  wise  notwithstanding. 

No.  2439.    Proviso  That  Lease  may  be  Determined  at  Option  of  Lessor. 

Provided  always,  nevertheless,  that  if  said  lessor,  or  his  assigns,  shall 
at  any  time  during  said  term  tender  to  said  lessee,  or  his  assigns,  one 
dollar,  with  an  intent  to  determine  this  lease,  then  this  lease  shall 
wlioUy  cease  and  determine  from  the  time  of  such  tender,  in  like  man- 
ner, to  all  intents  and  purposes  whatever,  as  if  said  term  of  three 
years  were  fully  complete  and  ended.  Provided  said  lessee  shall  have 
thirty  days'  time  after  said  tender  to  remove  from  said  premises. 

No.  2440.    Proviso  That  Lessee  may  Determine  Lease,  and  How. 

Provided  always,  nevertheless,  that  if  the  said  lessee,  or  his  assigns, 
shall  at  any  time  during  said  term  tender  to  said  lessor,  one  year's  rent 
of  said  premises,  with  intent  to  determine  this  lease,  then  it  shall  cease 
and  determine  from  the  time  of  said  tender. 

No.  2441.    Proviso  That  Lessee  may  Purchase  Premises. 

Provided  always,  nevertheless,  that  if  said  lessee,  or  his  assigns,  at 
any  time  during  said  term,  shall  be  minded  to  purchase  the  leased  prem- 
ises for  the  sum  of  dollars   ($ ),  in  gold  coin  of  the  United 

States,  and  shall  tender  said  amount  to  eaid  lessor,  together  with  all 
rent  due  up  to  the  time  of  said  tender,  then  this  lease  is  by  said  tender 
determined,  and  the  said  lessor  will  on  the  same  day  make,  acknowl- 
edge and  deliver  to  said  lessee,  or  his  grantee,  a  grant  of  said  premises. 


8G5  Leases.  Forms  2442-2444 

No.  2442.    Proviso  That  Lessor  may  Enter  for  Nonpayment  of  Rent, 
or  Commission  of  Waste,  etc. 
Provided  always  these  presents  are  upon  this  express  condition,  that 

if  the  said  yearly  rent,  or  sum  of  dollars    ($ ),  or  any  part 

thereof,  shall  be  behind  and  unpaid  by  the  space  of  days  next 

after  the  said  days  of  payment,  whereon  the  same  is  appointed  to  be 
paid  as  aforesaid,  or  if  the  said  lessee,  his  executors,  administrators 
or  assigns,  shall  do,  or  wittingly  or  willingly  commit,  or  suffer  to  be 
done  or  committed,  any  willful  or  voluntary  waste  in  or  upon  tlie  said 
premises,  or  any  part  thereof,  except  the  pulling  down  of  old  buildings 
in  order  to  rebuild  the  same,  that  then,  and  in  either  of  the  said  cases, 
it  shall  and  may  be  lawful  to  and  for  the  said  lessor,  his  heirs  and 
assigns,  into  and  upon  the  said  premises,  or  any  part  thereof  in  the 
name  of  the  whole,  wholly  to  re-enter,  and  the  same  to  have  again, 
repossess,  and  enjoy  as  in  his  and  their  former  estate,  anything  herein 
contained  to  the  contrary  thereof  in  any  wise  notwithstanding. 

No.  2443.     Grant  of  Additional  Term. 

And  it  is  hereby  declared  and  agreed  by  and  between  the  said  parties 
to  these  presents  that  they,  and  their  respective  heirs,  executors,  admin- 
istrators and  assigns,  shall  and  will  by  these  presents,  during  the  addi- 
tional term  of  ten  (10)  years  hereby  granted,  stand  and  be  bound  for, 
and  in  respect  of,  the  said  hereby  demised  premises,  with  the  appur- 
tenances, in  such  and  like  covenants,  conditions  and  agreements,  re- 
spectively, as  they,  the  said  parties,  and  their  respective  heirs,  executors, 
administrators  and  assigns,  do  now  stand  bound  in  and  by  the  said 
within  lease  for  and  during  the  now  residue  unexpired  of  the  within 
mentioned  term  hereby  granted ;  it  being  the  intent  and  meaning  hereof 
that  this  present  indorsed  lease,  and  the  additional  term  hereby  granted, 
shall  be  upon  such  and  the  like  footing,  and  all  the  covenants,  clauses, 
conditions,  and  agi'eements  respectively  therein  contained  be  equally 
available,  take  place,  and  have  the  like  force  and  effect,  to  all  intents 
and  purposes,  as  if  every  article,  clause,  matter,  and  thing  contained 
in  the  said  within  lease  were  inserted  and  conicained  in  this  present 
indorsed  lease. 

Dated ,  19-.  [Signatures.] 

No.  2444.    Lease  of  Furniture. 

This  lease,  made  the  day  of  ,  19 — ,  between  ,  lessor, 

and ,  lessee,  witnesseth: 

That  in  consideration  of  the  rents  and  agreements  to  be  paid  and 
performed  on  the  part  of  the  said  lessee,  the  said  lessor  doth  hereby 
demise  and  lease  to  the  said  lessee  the  household  furniture  described  as 
follows,  to  wit:  

To  have  and  to  hold  the  same  to  the  said  lessee  for  the  term  of  two 
(2)    years  from  the  date  hereof,  the   said   lessee  paying  therefor  the 

Form  Book — 55 


Form  2445  Cowdery's  Form  Book.  866 

yearly  rent  of  dollars   ($ )   during  the  said  term,  and  so  in 

proportion  for  any  less  time  than  a  month. 

And  the  said  lessee  covenants  with  the  said  lessor  that  he  will  pay 

the  rent  aforesaid  in  monthly  payments  of dollars  ($ )  each,  on 

the  day  of  each  month  during  said  term,  and  for  such  further 

time  as  the  lessee  may  hold  the  same;  and  that  he  will  not  assign  or 
underlet  the  said  furniture^  nor  any  part  thereof,  without  the  written 
consent  of  said  lessor;  and  that  he  will,  at  his  own  expense,  replace 
any  and  all  of  said  furniture  which  shall  be  lost  or  carelessly  or  acci- 
dentally injured  during  the  said  term;  and  at  the  expiration  thereof, 
or  the  sooner  termination  of  this  lease,  he  will  restore  the  said  fur- 
niture to  the  said  lessor  in  the  like  good  order  in  which  it  now  is,  wear 
and  diminution  resulting  from  reasonable  use  and  unavoidable  casualties 
excepted. 

And  it  is  agreed  that,  until  condition  broken,  said  lessee  shall  peace- 
ably retain  possession  of  said  chattels;  but  in  case  any  one  or  more 
of  the  conditions  of  this  lease  are  broken  by  the  said  lessee,  the  said 
lessor  may  at  any  time,  day  or  night,  enter  the  place  where  said  fur- 
niture, or  any  part  thereof,  may  be,  and  remove  the  same,  and  he  may 
use  all  necessary  force  to  remove  the  property  herein  described;  and 
it  is  further  agreed  that  time  is  of  the  essence  of  this  contract. 

[Signatures.] 

[Acknowledgment.] 

No.  2445.    Lease  of  Goods. 

This  lease,  made  the day  of ,  19—,  between -,  a  corpora- 
tion, lessor,  and  ,  lessee,  witnesseth: 

That  the  lessor  hath  by  these  presents  demised  and  leased  unto  the 

said  lessee  all  the  following  named  goods,  of  the  value  of dollars 

($ ),  and  known  and  described  as  follows,  to  wit:  for  the  term 

of ,  commencing  on  the day  of ,  19—,  and  at  the  monthly 

rental  of  dollars  ($ ),  and  so  in  proportion  for  any  less  time 

than  a  month,  payments  to  be  made  promptly  as  follows:  dollars 

($ )  on  the  day  of  ,  19—,  and  on  the  day  of  each 

succeeding  month   thereafter,   until   the  sum   of  dollars    ($ ) 

is  paid. 

That  said  lessee  hereby  agi-ees  to  pay  said  rent  at  the  times  and 
in  the  manner  herein  specified,  and  that,  should  the  said  rent  be  unpaid 
at  any  time,  or  as  herein  specified,  then  the  said  lessee  will  pay  interest 
on  said  unpaid  rent  at  the  rate  of  ten  (10)  per  cent  per  month  from 
the  date  of  default  in  payment  until  the  said  rent  is  paid,  together 
with  reasonable  charges  and  expenses  for  collecting  the  same,  and 
that  said  lessee  will  pay  all  taxes  assessed  against  said  goods  and 
chattels  while  in  his  possession. 

That  said  lessee  will  not  assign  this  lease,  nor  assign  or  sublet  his 
interest  in  or  to  any  of  the  goods  and  chattels  herein  described,  without 
the  written  consent  of  said  lessor. 


867  Leases.  Form  2416 

That  said  lessee  further  agrees  that  said  goods  shall  not  be  removed 

by  him  from  the  premises,  ,  now  occupied  by  the  lessee,  removal 

from  danger  by  fire  excepted,  without  the  written  consent  of  the  lessor. 

That  said  lessee  will  not  suffer  or  allow  any  part  of  said  property 
to  come  into  the  custody  or  control  of  anj'  person  or  persons  other  than 
said  lessee  during  the  continuance  of  this  lease. 

That  said  lessee  further  agrees  to  keep  said  goods  insured  for  their 
full  value  against  loss  or  damage  by  fire,  loss  payable  to  the  lessor. 

Tliat  said  lessee  will,  in  the  event  that  he  fails  to  make  any  of  the 
above  paj'ments  as  specified,  surrender  and  return  said  goods  to  the 
lessor  in  as  good  condition  as  when  received,  customary  wear  by  careful 
usage  excepted. 

That  no  agreement  of  sale  of  said  goods  is  implied;  nor  shall  a  sale 
or  purchase  of  the  same  be  deemed  valid  without  the  written  consent  of 
the  lessor  thereof. 

That  if  this  lease  shall  at  any  time  be  determined  by  any  of  the  acts, 
or  by  failure  to  perform  any  of  the  acts,  lierein  specified  on  the  part 
of  said  lessee,  then  all  the  rents  paid  to  said  lessor  by  said  lessee  shall 
be  tlie  property  of  said  lessor,  free  from  all  claims  and  demands  of  said 
lessee. 

That  upon  the  failure  of  the  lessee  to  comply  with  any  of  the  terms 
of  this  lease,  or  if  any  legal  process  shall  at  any  time  be  levied  upon 
said  goods  and  chattels,  or  any  part  thereof,  for  or  upon  any  debt  or 
demand  now  due  or  to  become  due  or  claimed  to  be  due  from  said  lessee, 
then  this  lease  shall  determine  and  become  void,  and  the  right  of  pos- 
session in  and  to  said  goods  and  chattels,  and  every  part  thereof,  sliall 
revert  to  and  vest  in  said  lessor,  and  said  lessor  shall  have  the  ricrht, 
without  notice  or  service,  to  take  said  goods  and  chattels,  and  every 
part  thereof,  from  said  lessee  without  legal  process. 

That  all  provisions  hereof  shall  extend  to  and  include  the  successor 
and  successors  of  the  lessor,  and  the  executors,  administrators,  and 
assigns  of  the  lessee. 

Witness  the  hands  of  the  respective  parties,  and  the  corporate  seal 
of  the  lessor  hereunto  affixed,  this  day  of ,  19 — . 

[Corporate  seal]  [Signatures.] 

[Acknowledgment.] 

No.  2446.     Contract  of  Surety  for  Payment  of  Rent. 

In  consideration  of  the  letting  of  the  premises  above  described,  and 
for  the  sum  of  one  dollar,  I  do  hereby  become  surety  for  the  punctual 
payment  of  the  rent,  and  performance  of  the  covenants,  in  the  above- 
written  agreement  mentioned,  to  be  paid   and  performed   by  as 

therein  specified;  and  if  any  default  shall  at  any  time  be  made  therein, 
I  do  hereby  promise  and  agree  to  pay  unto  the  landlord  in  said  agree- 
ment named  the  said  rent,  or  any  arrears  thereof  that  may  be  due, 
and  fully  satisfy  the  conditions  of  the  said   agreement,   and   all  dam- 


Forms  2447-2449         Cowdery's  Form  Book.  8G8 

ages  that  may  accrue  by  reason  of  the  nonfulfillment  thereof,  without 
requiring  notice  or  proof  of  demand  being  made. 

[Signature.] 
Dated  this day  of ,  19—. 

No.  2447.    Complaint  on  Promise  to  Pay  in  Consideration  of  Surrender 
of  Lease. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges : 

1.  That,  at  the  time  hereinafter  mentioned,  the  plaintiff  leased  from 
the  defendant  a  house  and  lot  in  the  town  of  ,  for  a  term  com- 
mencing on  the  day  of ,  19—,  and  ending  on  the day  of 

^  19 ,  imder  which  he  was  entitled  to  the  possession  of  said  house 

and  lot. 

2.  That  on  the  day  of  ,  19—,  the  defendant  promised  the 

plaintiff  that,  in  consideration  that  he,  the  plaintiff,  would  surrender 
to  the  defendant  the  unexpired  term  and  the  possession,  he  would  pay 
the  plaintiff  the  sum  of dollars  ($ ). 

3.  That  the  plaintiff  thereupon  surrendered  the  unexpired  term  of 
said  lease,  and  the  possession  of  said  land  to  the  defendant. 

4.  That  no  part  of  said  sum  has  been  paid. 

[Signature.] 
Wherefore  [etc.]. 

No.  2448.    Complaint  for  Breach  of  Covenant  of  Quiet  Enjoyment. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  twenty-fifth  day  of  May,  1917,  at  P.,  the  defendant, 
by  deed  [or  lease  under  seal]  let  to  the  plaintiff,  and  the  plaintiff  rented 
from  the  defendant,  the  house  numbered  61  R.  street,  in  P.,  for  the  term 
of  three  years,  covenanting  that  the  plaintiff  should  quietly  enjoy  pos- 
session thereof  for  the  said  term. 

2.  That  on,  etc.,  one  A.  B.,  who  was  the  lawful  owner  of  the  said 
house,  lawfully  evicted  the  plaintiff  therefrom,  and  still  withholds  the 
possession  thereof  from  him. 

3.  Tliat  the  plaintiff  was  thereby  prevented  from  continuing  the  busi- 
ness of  merchandising  at  the  said  place,  and  was  compelled  to  exi^end 
$1,000  in  moving,  and  lost  the  custom  of  C.  D.,  E.  F.,  and  G.  H.,  and 
divers  other  persons,  by  such  removal. 

[Signature.] 
Wherefore  [etc.]. 

No.  2449.    Complaint  for  Hire  of  Furniture. 
[Title  of  Court  and  Cause.] 

Tlie  plaintiff  complains,  and  alleges: 

1.  That  on  the  second  day  of  March,  1917,  at  M.,  the  plaintiff  rented 
to  the  defendant,  and  the  defendant  hired  from  the  plaintiff,  houseliold 


869  Leases.  Forms  2450-2453 

furniture,  plate,  pictures  and  books,  the  property  of  the  plaintiff,  to 
wit  [describe  the  artielos],  for  the  space  of  three  years,  then  next 
ensuing,  to  be  returned  by  him  to  the  plaintiff  at  the  expiration  of 
said  time,  in  good  condition,  reasonable  wear  and  tear  thereof  exeoptcd. 

2.  Tliat  he  promised  to  pay  the  plaintiff  for  the  use  thereof  $300,  in 
equal  monthly  payments,  on  the  second  day  of  each  month  thereafter. 

3.  That  no  part  thereof  has  been  paid. 
Wherefore  [etc.]. 

[Signature.] 

No.  2450.    Complaint  for  Rent  of  Land — Justice's  Court. 
[Title  of  Court  and  Cause.] 

The  Company,  to  . 

To  balance  due  for  rent  of  land $ . 

,  Justice  of  the  Peace. 

[Indorsed] :  Filed  . 

NOTE. — Upheld  in  Lataillade  v.  Santa  Barbara  Gas  Co.,  58  Cal.  4. 

In  California,  the  complaint  in  justices'  courts  is  a  concise  statement, 
in  writing,  of  the  facts  constituting  the  plaintiff's  cause  of  action,  or  a 
copy  of  the  note,  bill,  bond  or  instrument  upon  which  the  action  is  based, 
and  must  not  be  verified,  except  as  specially  provided.  It  need  not  be  in 
anj^  particular  form,  but  must  be  such  as  to  enable  a  person  of  common 
understanding  to  know  what  is  intended:  See  Cal.  Code  Civ.  Proc,  sees. 
851,  853. 

No.  2452.    Covenant   Exempting   Leasehold  in   Case  of  Execution   or 
Bankruptcy. 

It  is  hereby  covenanted  and  agreed  that  this  lease  and  the  interest  of 
said  tenant  hereunder  shall  not,  without  the  written  consent  of  said  les- 
sor first  had  and  obtained,  be  subject  to  garnishment  or  sale  under  exe- 
cution in  ariy  suit  or  proceeding  which  may  be  brought  against  or  by 
said  tenant,  and  that  this  lease,  and  all  the  rights  of  said  tenant  here- 
under, shall,  at  the  option  of  said  lessor,  cease  and  terminte  upon  said 
tenant  being  by  any  court  adjudged  a  bankrupt  or  an  insolvent  person, 
or  upon  said  tenant  making  an  assignment  for  the  benefit  of  creditors. 

[Signature.] 

No.  2453.    Notice  to  Perform  Covenants  of  Lease. 

To . 

You  are  notified  that  in  the  lease  under  which  you  hold  the  promises 

at  ,  county  of  ,  as  my  tenant,  you  covenanted  that  you  would 

give  the  dwelling-house  and  outhouses  and  front  fence  on  said  prem- 
ises two  coats  of  good  paint,  the  second  as  soon  as  the  first  is  dry, 

every  third  year,  commencing  ,  19 — ;  that  you  have  violated  said 

lease  by  neglecting  to  paint  the  houses  and  fence  on  said  premises  at 
all.  Now,  this  is  to  notify  you  that  j-ou  are  required  to  give  said 
dwelling-house,  outhouses  and  front  fence  two  good  coats  of  paint,  as 
you  covenanted  to  do  as  aforesaid,  or  deliver  up  possession  of  the  same 


Forms  2454, 2455         Cowdery's  Form  Book.  S70 

to  the  undersigned,  or  I  shall  institute  legal  proceedings  against  you 
to  recover  possession  of  said  premises. 

Dated  this  day  of ,  19 — , 

[Signature.] 

NOTE. — See  Cal.  Code  Civ.  Proc,  sec.  1161. 

Three  days'  notice  to  perform  is  required.  The  notice  may  be  varied  so 
as  to  embrace  every  possible  covenant  in  a  lease.  In  all  cases  it  is  good 
practice  to  copy  from  the  lease  into  the  notice  the  covenant  which  is 
violated. 

No.  2454.    Contrax^t  by  Landlord. 

This  is  to  certify  that  I  have  let  and  rented  unto the  house  and 

lot  designated  and  known  as ,  in  the  county  of ,  state  of  , 

and  the  sole  and  uninterrupted  use  and  occupation  thereof,  for  the  term 

of  ten  (10)  months  from  the  day  of  ,  19—,  at  the  monthly 

rent  of dollars  ($ ),  payable  in  gold  coin  of  the  United  States 

of  America,  monthly  in  advance,  on  the  day  of  each  and  every 

month.  The  said  premises  are  not  to  be  used  or  occupied  for  any  busi- 
ness deemed  extrahazardous  on  account  of  fire,  nor  shall  the  same,  or 
any  part  thereof,  be  let  or  underlet  without  the  written  consent  of  the 
landlord,  under  the  penalty  of  forfeiture  and  damages. 

Witness  my  hand  [etc.]. 

[Signature.] 

No.  2455.     Contract  by  Tenant. 

This  is  to  certify  that  I  have  hired  and  taken  from  all  that 

certain  house  and  premises  situate  in  the  county  of ,  state  of , 

and  designated  and  known  as  ,  said  house  containing  rooms, 

besides  basement,  for  the  term  of  ten  months  from  the day  of , 

19—,  at  the  monthly  rent  of  dollars  ($ ),  payable  in  gold  coin 

of  the  United  States  of  America,  monthly  in  advance,  on  the day 

of  each  and  every  month. 

And  I  do  hereby  promise  to  make  punctual  payment  of  the  rent 
in  manner  aforesaid,  and  to  quit  and  surrender  the  said  premises  at 
the  expiration  of  the  said  term  to  said  lessor,  his  agent,  attorney  or 
assigns,  in  as  good  state  and  condition  as  reasonable  use  and  wear 
thereof  will  permit,  damages  by  the  elements  alone  excepted,  and  not 
to  let  or  underlet  the  Avhole  or  any  part  of  the  said  premises  without 
the  written  consent  of  the  landlord,  under  the  penalty  of  forfeiture 
and  damages;  and  also  not  to  occupy  the  said  premises  for  any  busi- 
ness deemed  extrahazardous  on  account  of  fire  without  the  like  consent, 
under  the  like  penalty;  nor  will  I  expend  any  money  due  for  rent  for 
repairs  without  the  written  consent  of  the  landlord. 

Witness  my  hand  [etc.]. 

[Signature.] 

]SrOTE. — In  California,  a  tenant  may  expend  one  month's  rent  for  repairs, 
if  he  notifies  the  landlord  of  dilapidations  which  he  should  repair,  and 
wuifh  he  neglects  to  do:  See  Cal.  Civ.  Code.  sec.  1942. 


871  Legacy — Libel  and  Slander. 

LEGACY. 

Legatee's  Bond,  No.  776. 

Legacies,   Pecuniary,  No.  3911. 

Release  of  Legacy,  No.  3254. 

Eelease  by  a  Legatee  upon  His  Coming  of  Age,  No.  3255. 


LETTERS. 

Letters  of  Attorney  in  Fact,  No.  681. 

Letter  of  Attorney  in  Fact  When  Creditor  is  not  Eepresented  by  Attorney 

of  Law,  No.  680. 
Letters  of  Administration   With  Oath  of  Administrator,  No.  1758. 
Letters  of  Administration — Nevada — Statutory  Form,   No.   1759, 
Letters  of  Administration — North   Dakota— Statutory  Form,   No.   1760. 
Letters  of  Administration — Oklahoma  and  South  Dakota— Statutory  Form, 

No.  1761. 
Letters  of  Administration — Oregon — Statutory  Form,  No.  1762. 
Letters  of  Administration — Washington — Statutory  Form,  No.  1764. 
Letters  of  Administration — Wyoming — Statutory  Form,  No.  1765. 
Letters  of  Administration  With  the   Will  Annexed .   Executor  Dying  After 

Qualifying,  No.  1779. 
Letters  of  Administration    With    the    Will   Annexed,    Will    not    Appointing 

Executor.  No.   1778. 
Letters  Testamentary   With    Will   Annexed  —  Statutory   Form  —  California, 

No.  1780. 
Letters  of  Administration    With    the   Will    Annexed  —  Nevada  —  Statutory 

Form,  No.  1781. 
Letters  of  Administration  with    Will    Annexed — Oklahoma   and    South    Da- 
kota—Statutory Form,  No.  1783. 
Letters  of  Administration    With    the    Will    Annexed — Wyoming — Statutory 

Form,  No.  1786. 
Letters  of  Guardianship,  No.  2010. 
Letters  Testamentary,  No.  1767. 

Letters  Testamentary — Nevada — Statutory  Form,  No.  1768. 
Letters  Testamentary — Statutory  Form — North  Dakota,  No.  1770. 
Letters  of  Testamentary   Administration — North   Dakota — Statutory   Form, 

No.  1782. 
Letters  Testamentary — Statutory  Form — Oklahoma  and   South  Dakota,  No. 

1771. 
Letters  Testamentary — Statutory  Form — Oregon,  No.   1769. 
Letters  Testamentary — Statutory   Form — Utah,   No.   1772. 
Letters  Testamentary — Statutory  Form — Washington,  No.   1773. 
Letters  Testamentary — Statutory  Form — Wyoming,  No.  1774. 


LIBEL  AND  SLANDER. 

2480.  ComTJlaint  for  libel  charging  plaintiif  with  violating  trust  as  agent. 

2481.  Complaint  for  libel  in  charging  crime — Words  not  libelous  on  their 

face. 

2482.  Complaint  for  libel  indirectly  charging  perjury. 

2483.  Complaint  for  libel — Words  not  being  libelous  in  themselves. 

2484.  Complaint  for  libel  for  words  spoken  in  foreign  language. 

2485.  Answer — Justification  of  publication — Truth. 

2486.  Answer — Justification   of   libel   publication   and   mitigating   circiun- 

stances. 

2487.  Answer — Justification  of  publication  of  libel. 


Form  2480  Cowdery's  Form  Book.  872 

No.  2480.    Complaint  for  Libel  Charging  Plaintiff  With  Violating  Trust 

as  Agent. 
[Title  of  Court  and  Cause.] 

The  jjlaintiff  for  cause  of  action  against  the  defendant  alleges: 

That  the  plaintiff  and  others,  being  at  the  time  residents  of  River- 
side and  vicinity  in  this  county,  and  largely  interested  in  the  raising  of 
oranges  and  other  fruits  in  that  locality,  sent  a  collection  of  such  fruit 
to  the  World's  Fair  held  at  New  Orleans  in  1884-85,  to  be  at  such  fair 
entered  and  exhibited  for  premiums;  and  this  plaintiff  and  H.  J. 
Rudisill  attended  such  fair  in  charge  of  said  fruit,  as  the  agents  and 
representatives  of  all  such  contributors,  to  see  that  said  fruit  was  fjrop- 
erly  entered  and  exhibited  at  said  World's  Fair. 

That  the  plaintiff  performed  his  duty  as  such  agent  and  representa- 
tive, and  thereafter,  on  or  about  the  day  of  April,  1885,  returned 

to  his  place  of  residence  at  said  Riverside. 

That  thereafter,  on  April  25,  1885,  the  defendant,  being  at  the  time 
the  editor  and  publisher  of  a  weekly  newspaper  published  at  said 
Riverside,  and  called  the  "Press  and  Horticulturist,"  published  in  said 
newspaper,  in  a  regular  issue  thereof  of  that  date,  an  article  entitled 
"Intelligent  Report  from  New  Orleans"  (referring  to  said  World's 
Fair),  in  which  article  the  defendant  used  and  published  the  following 
language : 

"After  a  lapse  of  several  weeks,  we  are  enabled  to  publish  a  report 
from  the  citrus  fruit  contest  at  New  Orleans,  in  which  Riverside  and  our 
readers  generally  throughout  California  are  so  universally  interested. 
Although  we  had  two  representatives  at  New  Orleans"  (meaning  this 
plaintiff  and  H.  J.  Rudisill),  "and  one  of  them"  (meaning  this  plaintiff) 
"returned  home  with  this  information  in  his  pocket  two  weeks  ago,  yet 
we  had  to  wait  till  the  Florida  papers  bring  us  this  information,  so 
that  it  could  be  given  to  our  people,  who  furnished  the  fruit  with  which 
to  make  the  exhibit"^ — meaning  the  fruit  in  charge  of  this  plaintiff'  and 
H.  J.  Rudisill  aforesaid.  (Here  followed  in  said  article  the  report 
referred  to.) 

That  in  said  issue  of  said  newspaper  and  side  by  side  with  said  arti- 
cle, and  commenting  thereon,  the  defendant  published  another  article,  etc., 
entitled,  "A  Little  W^orld's  Fair  History,"  in  which  the  defendant  used 
and  published  the  following  language : 

"Eighty  of  our  fruit-growers  contributed  164  boxes  of  fruit,  an  average 
of  more  than  two  boxes  each,  and  the  exhibit  was  sent  to  New  Orleans, 
Messrs.  James  Bettner  and  H.  J.  Rudisill  going  to  take  charge  of  the 
same"  (meaning  the  fruit  sent  by  this  plaintiff  and  others  in  charge 
of  this  plaintiff  and  H.  J.  Rudisill,  as  before  in  this  complaint  alleged). 
"We  have  done  our  best  by  telegraphing  and  making  personal  appli- 
cations t(y  get  news  for  our  readers,  and  up  to  the  present  time  have 
got  no  report  of  what  our  representatives  did  at    New  Orleans,  and 


873  Libel  and  Slander.  Form  2i80 

hence  have  to  depend  entirely  on  Florida  reports  and  Kimball  Brothers 
of  National  City  for  news. 

"We  find  that  out  of  eighty  contributors  only  thirteen  had  any  fruit 
entered  for  premiums,  and  out  of  thirty-two  entries  James  Bettner 
had  eleven  entered  in  his  name. 

"When  it  came  to  lemons,  Mr.  E.  W.  Holmes"  (meaning  one  of  said 
contributors  who  had  sent  fruit  in  charge  of  this  plaintiff  and  H.  J. 
Rudisill)  "picked  the  very  best  lie  had  to  send  to  Nev/  Orleans,  and  yet 
with  what  he  had  left  he  took  the  premium  at  Riverside,  but  his  lemons 
were  not  entered  at  all  at  New  Orleans.  R.  P.  Waite  and  scores  of 
others  whom  Ave  might  mention"  (meaning  others  of  said  contributors) 
"were  also  left  out  in  the  cold. 

"Messrs.  Kimball  Brothers  took  an  entire  citrus  fair  to  New  Orleans, 
and  were  at  liberty  to  enter  any  of  the  fruit  therein  contained  in  their 
own  name  for  premiums;  hence  in  making  their  selections  they  had  an 
entire  citrus  fair  to  select  from.  In  the  Riverside  exhibit,  with  few 
exceptions,  Mr.  Bettner  v/as  confined  to  bis  own  exhibit  of  eight  boxes 
from  which  to  select  fruit  to  make  eleven  entries  and  secure  five 
premiums. 

"We  will  say  in  this  connection  that  the  officers  of  the  fruit  com- 
pany here  in  Riverside  tried  to  conduct  the  exhibit  in  an  honorable 
upright  manner,  but  the  management  got  beyond  their  control.  Those 
who  shipped  the  fruit  had  a  right  to  a  report  wlien  Mr.  Bettner  re- 
turned, but  not  a  word  has  he  made  public,  and  we  don't  blame  him 
for  not  wanting  to  make  one." 

That  by  the  use  and  publication  of  said  words  and  language,  used 
and  published  by  the  defendant  as  aforesaid,  he  intended  to  charge 
and  assert,  and  to  be  understood  as  charging  and  asserting,  and  by  the 
readers  of  said  newspapers  was  in  fact  understood  as  charging  and 
asserting,  that  this  plaintiff,  in  violation  of  his  trust  as  said  agent 
and  representative,  had  corruptly  and  dishonestly  failed  to  make  a 
proper  entry  or  exhibit  at  said  World's  Fair  of  fruit  sent  by  said  con- 
tributors in  his  charge,  but  had  himself  appropriated  fruit  belonging 
to  others  of  said  contributors,  and  had  entered  and  exhibited  in  his 
own  name  and  for  his  own  benefit  fruit  that  he  should  have  entered 
and  exhibited  in  the  name  of  and  for  the  benefit  of  some  other  or  others 
of  said  contributors;  that  the  exhibit  of  fruit  so  sent  from  Riverside 
was  not  conducted  in  an  honorable  or  upright  manner,  because  of  the 
corrupt  and  dishonorable  action  of  this  plaintiff  as  said  agent  and  repre- 
sentative; and  that  plaintiff  had  refused  to  furnish  information  to 
said  newspaper,  or  to  make  any  report  of  his  action  as  such  agent  and 
representative,  and  did  not  want  to  make  such  report,  because  such  in- 
formation or  report  if  given  or  made,  would  disclose  corrupt  and  dis- 
honest conduct  on  the  part  of  the  plaintiff  such  as  was  charged  by  the 
defendant  in  said  articles. 


Form  2481  Cowdery's  Form  Book.  874 

That  said  charge,  so  made  and  published  by  the  defendant,  and  so 
understood  and  by  him  intended  to  be  understood  by  the  readers  of  said 
newspaper,  was  and  is  false,  scandalous  aiad  un])rivileged,  and  did  and 
does  expose  the  plaintiff  to  hatred,  contempt  and  obloquy,  by  imputing 
to  him  dishonesty  and  corruption  in  violation  of  his  trust  as  said 
agent  and  representative. 

That  said  articles  were  so  published  by  the  defendant  as  editorials, 
witli  the  apparent  and  express  sanction  and  authority  of  the  defendant 
as  the  editor  and  publisher  of  said  newsjoaper;  and  said  issue  of  said 
newspaper  containing  said  articles  was  by  the  defendant  widely  cir- 
culated among  the  people  of  said  Riverside  and  vicinity,  and  through- 
out this  county  and  state,  and  elsewhere,  and  said  articles  were  gen- 
erally read  by  the  subscribers  of  said  newspaper  and  others,  and  were 
by  them  generally  understood  to  have  the  sense  and  meaning  afore- 
said, and  to  charge  the  plaintiff  with  corrupt  and  dishonorable  conduct, 
as  hereinbefore  stated. 

That  the  plaintiff  has  thereby  been  damaged  in  the  sum  of  ten  thou- 
sand dollars. 

Wherefore  the  plaintiff  demands  judgment  against  the  defendant  for 
the  sum  of  ten  thousand  dollars  and  costs. 

,  Attorney  for  Plaintiff. 

[Verification.] 

NOTE.— Precedent  in  Bettner  v.  Holt,  70  Cal.  271,  11  Pac.  713. 

No.  2481.    Complaint  for  Libel  in  Charging  Crime — Words  not  Libelous 

on  Their  Face. 
[Title  of  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That,  at  the  time  hereinafter  mentioned,  the  dwelling-house  of 
the  defendant  had  been  burned  down,  and  it  was  suspected  that  it  had 
been  feloniously  set  on  fire. 

2.  That  on  the  day  of  ,  19 — •,  at  ,  the  defendant  pub- 
lished in  a  newspaper  called  the  the  following  words  concerning 

the  plaintiff:  "One kindled  the  fire,  and  I  can  prove  it." 

3.  That  the  defendant  meant  thereby  that  the  plaintiff  had  feloniously 
set  fire  to  said  house,  and  said  publication  was  so  understood  by  those 
who  heard  it. 

4.  That  the  said  publication  was  false  and  defamatory. 

5.  That  the  plaintiff  hath  sustained  damage  by  reason  of  said  false 
and  defamatory  publication  in  the  sum  of dollars  ($ ). 

Wherefore  [etc.]. 

[Signature.] 


875  Libel  and  Slander.  Forms  2482-2484 

No.  2482.     Complaint  for  Libel  Indirectly  Charging  Perjury. 
[Title  of  Coui't  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  Tliat  before  the  committing  of  the  grievances  by  the  defendant 
hereinafter  mentioned,  a  certain  action  had  been  pending  in  the  superior 
court  of  the  county  of  Humboldt,  state  of  California,  wherein  one  A.  B. 
was  plaintiff,  and  one  C.  D.  was  defendant,  and  which  action  had  been 
then  lately  tried  in  said  court,  and  on  such  trial  the  plaintiff  herein 
was  examined  on  oath,  and  had  given  his  evidence  as  a  witness  in  behalf 
of  the  said  A.  B. 

2.  That  on  the  twenty-second  day  of  July,  1917,  at  P.,  the  defendant 
published  in  a  newspaper  called  the  "News,"  the  following  words  con- 
cerning the  plaintiff  and  the  said  action,  and  concerning  the  evidence 
given  by  the  said  plaintiff  upon  the  said  trial  as  such  witness ;  that  is 
to  say:  "He  [meaning  the  plaintiff]  was  forsworn  on  the  trial  [mean- 
ing the  said  trial],  and  that  he,  the  said  plaintiff,  in  giving  his  evidence 
as  such  witness  on  said  trial  had  committed  willful  and  corrupt  per- 
jury." 

3.  That  said  publication  was  and  is  false  and  defamatory. 

4.  That  by  reason  of  said  false  and  defamatory  publication  the  plain- 
tiff hath  been  damaged  in  the  sum  of  $2,750. 

Wherefore  [etc.]. 

[Signature.] 

No.  2483.    Complaint  for  Libel — ^Words  not  Being  Libelous  in  Them- 
selves. 
[Title  of  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  the  plaintiff  is,  and  was,  on  and  before  the day  of , 

19 — ,  a  merchant  doing  business  in  the  city  of  -. 

2.  That  on  the  day  of  ,  19 — ,  at  ,  the  defendant  pub- 
lished in  a  newspaper  called  the  ,  the  following  words  concerning 

the  plaintiff:   [ ,  of  this  city  has  modestly  retired  to  foreign  lands. 

It  is  said  that  creditors  to  the  amount  of thousand  dollars  ($ ) 

are  anxiously  seeking  his  address.] 

3.  That  the  defendant  meant  thereby  that  [the  plaintiff  had  ab- 
sconded to  avoid  his  creditors,  and  with  intent  to  defraud  them]. 

4.  That  the  publication  was  false. 
Wherefore  [etc.], 

[Signature.] 

No.  2484.  Complaint  for  Libel  for  Words  Spoken  in  Foreign  Language. 
[Title  of  Court  and  Cause.] 

The  plaintiff  complains,  and  alleges: 

1.  That  on  the  twenty-fourth  day  of  July,  1917,  at  P.,  the  defendant 
in  the  presence  and  hearing  of  divers  persons  who  nndei-stood  th-e  Ger- 


Forms  2485, 2486        Cowdery's  Form  Book.  876 

man  language,  spoke  concerning  the  plaintiff  the  following  words  in  the 
said  German  language  [here  set  forth  the  words  in  the  German  or  for- 
eign language]  ;  and  which  said  words  signified,  and  were  understood  to 
mean  in  the  English  language  [here  set  forth  a  correct  translation  of 
the  words  in  English] ;  and  the  said  German  Avords  were  so  understood 
by  the  said  persons  in  whose  presence  and  hearing  they  were  spoken. 

2.  That  the  defendant  meant  thereby  [set  forth  innuendo], 

3.  That  the  said  publication  was  false  and  defamatory. 

4.  That  in  consequence  [state  special  damage]. 

5.  That  by  reason  of  the  speaking  and  publication  of  the  said  false 
and  defamatory  words  the  plaintiff  hath  been  injured  in  his  reputation, 
to  his  damage  $2,990.  [If  special  injury  as  to  business  is  alleged, 
add,  after  the  woi-d  "reputation,"  the  words  "and  business."] 

Wherefore  [etc.]. 

[Signature.] 

No.  2485.    Answer — Justification  of  Publication — Truth. 

[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  alleges: 
That   the    supposed    defamatory    words   in   the   complaint   set   forth 

are  each  and  all  of  them  true 

No.  2486.    Answer— Justification  of    Libel,  Publication  and    Mitigat- 
ing Circumstances. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

First — For  a  defense: 

That  the  publication  complained  of  was  true.  [If  the  alleged  libel 
was  not  specific  in  its  charges,  state  the  facts  upon  which  it  was 
founded.] 

Second — As  mitigating  circumstances: 

1.  That  on  the  second  day  of  February,  1917,  the  plaintiff  accused 
one  B.  C.  of  burglary  at  P. 

2.  That  thereupon  an  officer  of  the  police  of  P.  took  the  said  B.  C. 
into  custody,  and  conducted  him  to  a  station-house. 

3.  That  while  at  the  station-house,  the  said  B.  C.  made  to  the  cap- 
tain of  police  there  in  command  a  statement,  which  is  fairly  and  truly 
reported  in  the  publication  complained  of  [or  made  a  statement  to  the 
effect  that  the  robbery  with  which  he  was  charged  was  planned  by  the 
plaintiff,  and  was  effected  by  him  and  the  plaintiff  in  concert ;  that  they 
quarreled  over  the  division  of  the  plunder,  and  that  thereupon  the 
plaintiff  charged  him  with  the  felony] . 

4.  That  afterward,  the  plaintiff  was  arrested  by  a  police  officer,  and 
conveyed  before  J.  P.,  a  police  justice  of  the  city  of  P.,  and  held  to 
bail  by  the  said  justice,  to  answer  the  charges  of  the  said  B.  C. 

5.  That  the  publication  complained  of  contained  a  fair  and  true 
statement  of  the  preceding  circumstances. 


877  Libel  and  Slander — Liens.  Form  2487 

6.  Tliat  it  was  published  in  a  newspaper  belonging  to  the  defendant, 
by  his  employees,  without  his  knowledge  or  consent. 

7.  That  the  persons  publishing  it  inserted  it  as  an  item  of  public 
news,  without  malice,  believing  the  same  to  be  true. 

No.  2487.    Answer — Justification  of  Publication  of  LibeL 
[Title  of  Court  and  Cause.] 
The  defendant  answers  the  complaint,   and  alleges: 

1.  That  on  the  twentieth  day  of  May,  1917,  at  P.,  an  action  was 
tried  in  the  superior  court  of  P.,  in  which  A.  B.  was  plaintiff,  and  tlie 
plaintiff  herein  was  defendant  [or  an  indictment  having  been  found 
against  the  plaintiff  for  libel,  he  was  tried  therefor  in  the  superior 
court;  or  otherwise,  as  the  case  may  be]. 

2,  That  the  article  published  in  the  defendant's  newspaper,  men- 
tioned in  the  complaint,  was  a  fair  and  true  report  of  the  testimony 
of  one  of  the  witnesses,  named  E.  F.,  made  in  the  course  of  the  said 
trial. 

LICENSE. 

License — ^Exclusive  Territorial  Grant  by  an  Assignee,  No.  2938. 

License — Not  Exclusive  With  Royalty,  No.  2938. 

License— Shop  Eight,  No.  2937. 

License  to  Use  Wall  of  Adjoining  Building,  No.  2901, 


LIENS. 

2498.  Notice  of  contractor's  claim  of  lien. 

2499.  Verification  of  claim  of  lien. 

2500.  Notice  of  subcontractor's  claim  of  lien. 

2501.  Notice  of  materialman's  claim  of  lien. 

2502.  Notice  of  laborer's  claim  of  lien. 

2503.  Notice  of  architect's  claim  of  lien. 

2504.  Notice  that  owner  will  not  be  responsible  for  improvements. 

2505.  Notice  of  performance  of  labor  for,  or  of  furnisliing  materials  to. 

contractor — Witlihold  notice. 

2506.  Notice  of  completion  of  work. 

2507.  Affidavit  of  owner  to  notice  of  completion. 

2508.  Affidavit  on  Ijehalf  of  owner  to  notice  of  completion. 

2509.  Claim  for  mechanic's  lien — Washington, 

2510.  Affidavit  to  claim  for  mechanic's  lien — Washington. 

2511.  Claim  against  bond  given  on  contract  for  public  work — Washinpfton. 

2512.  Affidavit  for  attachment  when  plaintiff  has  lien  upon  logs  and  timber 

for  labor  performed. 

2513.  Notice  of  sale  of  impounded  property  to  satisfy  lien. 

2514.  Notice  of  claim  of  lien  for  propagating  animals. 

2515.  Affidavit  to  claim  of  lien  for  propagating  animals. 

2516.  Notice  of  claim  of  lien — Fishing  industry — Oregon. 

2517.  Affidavit  to  claim  of  lien — Fishing  industry — Oregon. 

2518.  Notice  of  claim  of  lien  upon  chattels,  for  labor,  skill  and  materials 

expended — Oregon. 

2519.  Notice  of  claim  of  lien  upon  chattels,  for  labor,  skill  and  materials 

expended — Washington. 

2520.  Affidavit  to  claim — Oregon. 


Form  2498  Cowdery's  Form  Book.  878 

2521.  Notice  of  claim  of  lien  on  railroad  property^Oregon. 

2522.  Answer  alleging  lien  on  goods  as  manufacturer,  etc 

2523.  Answer  alleging  lien  upon  goods  for  storage. 

2524.  Notice  of  sale  of  impounded  animal  to  satisfy  lien. 

2525.  Notice   of   public  sale  by  liolder   of  lien   for  services  rendered   on 

chattel. 

2526.  Notice  to  assignee  of  lien  of  servant,  etc. 

2527.  Notice  of  lien  of  laborer  to  officer  holding  attachment. 

CEOSS-REFERENCES. 

See  Release. 
Laborer's  Lien.     See  Lien. 
Release  of  Lien  on  Land  by  a  Judgment  Creditor,  No.  3256. 

No.  2498.    Notice  of  Contractor's  Claim  of  Lien. 

Notice  is  hereby  given  that,  on  or  about  the day  of ,  19—, 

■ entered  into  a  contract  with for  the  construction  and  erection 

[or,  alteration;  or,  repair]  of  a  certain  building  on  the  premises 
described  as  follows,  to  wit:  . 

That  the  name  of  the  owner  [or,  reputed  owner]  of  said  premises  is 
■;  and  the  name  of  the  contractor  who  engaged  with  the  said to 


erect  [or,  alter;  or,  repair]  said  building  is  ,  the  undersigned; 

That  notice  of  the  completion  of  said  building  was  filed  by  the  owner, 
as  required  by  law,  on  the day  of ,  19 — ; 

That  the  said agreed  to  erect  [or,  alter;  or  repair]  the  building 

above  indicated,  and  to  furnish  the  materials  to  be  used  in  the  build- 
ing and  construction  [or,  alteration;  or,  repair]  thereof,  upon  the 
terms,  at  the  times  given,  and  upon  conditions  as  follows,  to  wit : . 

That  said  contract  has  been  fully  performed  on  the  part  of  the  said 
that  all  of  said  materials   furnished  were  actually  used  in  the 


construction    [or,    alteration;   or,    repair]    of  said    building;   that  said 

building  was  finished  on  the  day  of  ,  19 — ;  that  within  ten 

days  thereafter,  notice  of  completion  was  filed ;  and  that  sixty  days  have 
not  elapsed  since  such  filing; 

That  the  amount  of  the  contract  price  for  said  building,  furnished  as 

aforesaid,  is  dollars    ($ ),  in    current    lawful    money  of  the 

United  States;  that  the  sum  of  dollars   ($ )    has  been  paid 

on  account  of  said  contract  price;  and  that  the  sum  of  dollars 

($ )   is  still  due  and  owing  thereon  to  said  contractor,  ,  after 

deducting  all  just  credits  and  offsets. 

Wherefore    the    said  claims  a    lien    upon  the    above-described 

premises. 

[Signature.] 

[To  be  verified.] 

NOTE.— See  Cal.  Code  Civ.  Proc.,  gee.  1187. 


679  Liens.  Forms  2499, 2500 

No.  2499.    Verification  of  Claim  of  Lien. 

State  of , 

County  of ,  ss. 

-,  being  duly  sworn,  says  that  he  is  the  person  named  as 


the  foregoing  claim  of  lien;  that  he  has  read  the  same  and  knows  the 

contents  thereof;  that  the  same  is  true;  and  that  it  contains,  among 

other  things,  a  correct  statement  of  his  demand,  after    deducting  all 

iust  credits  and  offsets.  ro-       i.       ^ 

•'  [Signature.] 

Subscribed  and  sworn  to  [etc.],  r^»,  •  i    •       i.       i 

*■       ■"  [Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1187. 

No.  2500.    Notice  of  Subcontractor's  Claim  of  Lien. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that,  on  or  about  the  day  of ,  19 — , 

• entered  into  a  contract  with  for  the  construction  and  erec- 
tion of  a  certain  building  on  the  premises  described  as  follows,  to  wit: 
[Description.] 

That  the  name  of  the  owner  of  said  premises  is  ;  and  the  name 

of  the  contractor  who  engaged  with  the  said to  erect  said  building 

is . 

That  notice  of  the  completion  of  said  building  was  filed  by  the  owner, 
as  required  by  law,  on  the day  of ,  19 — . 

That  the  undersigned,  ,  on  or  about  the  day  of ,  19 — , 

entered  into  a  written  contract  with  the  said ,  under  and  by  which 

he  was  to  perform  certain  labor  and  furnish  materials  for  the  con- 
struction [or,  alteration;  or,  repair]  of  said  building,  and  the  follow- 
ing is  a  statement  of  terms,  time  given,  and  conditions  of  said  contract, 
to  wit:  ; 

That  said  contract  has  been  fully  performed   on  the  part  of  said 
that  all  of  said  materials  furnished  were  actually  used  in  the 


construction    [or,   alteration;   or,   repair]    of   said    building;   that   said 

building  was  finished  on  the  day  of  ,  19 — ;  that  within  ten 

days  thereafter  notice  of  completion  was  filed,  and  that  thirty  days 
have  not  elapsed  since  said  notice  of  completion  was  filed ; 

That  the  amount  of  the  contract  price  for  said  labor  performed  and 
materials  furnished  as  aforesaid  was  and  is  dollars  ($ ),  cur- 
rent lawful  money  of  the  United  States;  that  the  sum  of  dollars 

($ )  has  been  paid  on  account  of  said  contract  price;  and  that  the 

sum  of dollars  ($ )  is  still  due  and  owing  thereon  to  said  , 

after  deducting  all  just  credits  and  offsets. 

Wherefore  the    said  claims    a    lien    upon    the    above-described 

premises. 

rrr     I,  -fi  ^  1  [Signature.] 

[To  be  verified.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  11S7. 


Forms  2501, 2502        Cowdery's  Form  Book.  6S0 

No.  2501.    Notice  of  Materialman's  Claim  of  Lien. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that,  on  or  about  the day  of ,  19 — f 

entered  into  a  contract  with for  the  construction  and  erection 

of  a  certain    building  on  the    premises    described  as    follows,    to  wit: 
[Description.] 

That  the  name  of  the  owner  of  said  premises  is  ;  and  the  name 

of  the  contractor  who  engaged  with  the  said to  erect  said  building 

is  . 

That    notice  of  the    completion  of    said    building  was  filed  by  the 
owner,  as  required  by  law,  on  the  day  of ,  19 — . 

That  the  undersigned,  ,  furnislied  and  supplied  materials  to  be 

used,  and  which  were  actually  used,  in  the  construction  of  said  build- 
ing. 

That  said  building  was  finished  on  the day  of ,  19 — . 

That  within  ten  days  thereafter  notice  of  completion  was  filed. 

That  thirty  days  have  not  elapsed  since  said  notice  of  completion  was 
filed. 

That  the  said  materials  were  furnished  to  ,  contractor  as  afore- 
said, upon  the  terms,  time  given  and  conditions  as  follows,  to  wit:  . 

That  the  amount  of  the  contract  price  for  said  materials  was  and  is 
dollars  ($ ),  current  lawful  money  of  the  United  States;  that 


the  sum  of dollars  ($ )  has  been  paid  on  account  of  said  con- 
tract price,  and  that  the  sum  of  dollars   ($ )   is  still  due  and 

owing  thereon  to  the  undersigned,  after  deducting  all  just  credits  and 
offsets. 

Wherefore   the   said  claims   a   lien    upon   the   above-described 

premises. 


[To  be  verified.] 
NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1187. 


[Signature.] 


No.  2502.    Notice  of  Laborer's  Claim  of  Lien. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that,  on  or  about  the day  of ,  19 — , 

entered  into  a  contract  with for  the  construction  and  erection 

of  a  certain  building  on  the  premises   described   as  follows,   to  wit: 
[Description.] 

That  the  name  of  the  owner  of  said  premises  is ;  and  the  name  of 

the  contractor  who  engaged  with  the  said  to  erect  said  building 

is . 

That  notice  of  the  completion  of  said  building  was  filed  by  the  ov/ner, 
as  required  by  law,  on  the day  of ,  19 — . 

That  the  undersigned  performed  labor  upon  and  in  the  construction 
[or,  alteration;  or,  repair]  of  said  building;  that  he  was  employed  to  do 


881  Liens.  Form  2503 

such  labor  by ;  that  thirty  days  have  not  elapsed  since  said  notice 

of  completion  was  filed;  that  said  agieed  to  pay  me  dollars 

($ — — )   for  each  day's  work,  payable  weekly;  that  I  worked  on  said 

building full  days ;  that  the  amount  of  the  contract  price  for  said 

labor  so  furnished  as  aforesaid  was  and  is dollars  ($ ),  current 

lawful  money  of  the  United  States;  being  at  the  rate  of  dullars 

($ )  per  day  as  aforesaid;  that  nothing  has  been  paid  on  account  of 

said  contract  price  [or  state  what  has  been  paid,  if  anything] ;  and  that 

the  sum  of dollars  ($ )  is  still  due,  owing  and  unpaid  thereon 

to  said  claimant, ,  after  deducting  all  just  credits  and  offsets. 

Wherefore   the   said  claims   a  lien   upon   the   above-described 

premises. 


[To  be  verified.] 
NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1187. 


[Signature.] 


No.  2503.    Notice  of  Architect's  Claim  of  Lien. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that,  on  or  about  the  day  of ,  19^, 

. entered  into  a  contract  with  for  the  construction  and  erec- 
tion of  a  certain  building  on  the  premises  described  as  follows,  to  wit: 
[Description.] 

That  the  name  of  the  owner  of  said  premises  is ;  and  the  name 

of  the  contractor  who  engaged  with  the  said to  erect  said  building 

is . 

That  notice  of  the  completion  of  said  building  was  filed  by  the  owner, 
as  required  by  law,  on  the day  of ,  19 — . 

That  the  undersigned, ,  was  employed  by ,  the  said  contractor, 

to  draw  plans  and  specifications  for  him,  the  said  contractor,  for  which 

he  agreed  to  pay  the  undersigned,  on  or  before  the  day  of  , 

19 — ^  what  said  plans  and  specifications  were  reasonably  worth ;  that  the 
undersigned  drew  said  plans  and  specifications  and  delivered  them  to 
said  contractor,  to  be  used,  and  they  were  used,  by  him  in  the  construc- 
tion [or,  alteration;  or,  repair]  of  said  building;  that  thirty  days  have 
not  elapsed  since  said  notice  of  completion  was  filed;  that  said  plans  and 

specifications  were  and  are  reasonably  worth  the  sum  of  dollars 

($ ) ;  but  that  nothing  has  been  paid  therefor  or  thereon;  and  that 

said  contractor  is  now  indebted  to  the  undersigned,  for  said  plans  and 

specifications,  in  the  sum  of  dollars  ($ ),  after  deducting  all 

just  credits  and  offsets. 

Wherefore   the   said   claims   a   lien   upon   the   above-described 

premises. 

[Signature.] 

[To  be  verified.] 

NOTE. — See  Cal.  Code  Civ.  Proc,  sec.  1187. 

Form  Book — 56 


Forms  2504-2506        Cowdery's  Form  Book.  882 

No.  2504.    Notice   That   Owner  will  not  be  Responsible  for   Improve- 
ments. 
To  Whom  It  May  Concern. 

Notice  is  hereby  given  that  I,  ,  the  undersigned,  am  the  owner 

of   certain  premises   described   as   follows,   to   wit:   ;   that   I   have 

obtained  knowledge  that  a  building  is  being  constructed  on  said  prop- 
ertj'-;  that  ten  days  have  not  elapsed  since  I  obtained  such  knowledge; 
and  that  I  will  not  be  responsible  for  the  construction  of  said  building, 
or  for  the  material  or  labor  used  or  to  be  used  therein,  or  for  any  altera- 
tion or  repair  thereof,  or  for  any  work  done  upon  said  building,  or  any 
addition  thereto,  now  upon  said  land,  or  which  has  been  performed, 
furnished  or  used  in  any  manner  or  way  upon  said  land,  or  upon  the 
building  thereon,  or  addition  thereto,  or  which  may  hereafter  be  per- 
formed, furnished  or  used  upon  said  land,  or  building,  or  addition 
thereto,  or  for  the  services  of  any  architect. 

Dated ,  19—. 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1192. 

No.  2505.    Notice  of  Performance  of  Labor  for,  or  of  Furnishing  Mate- 
rials to,  Contractor — Withhold  Notice. 

To . 

You  are  hereby  notified  that  on  the  day  of ,  19 — ,  I,  , 


the  undersigned,  performed  days'  labor  as  a  ,  at  the  agreed 

price  of  dollars  ($ )  per  day,  for  ,  the  contractor  who  is 

now  constructing  for  you  the  building  at  ,  of  which  building  you 

are  the  reputed  owner,  which  was  all  the  work  I  agreed  to  do;  and  you 

are  further  notified  that  on  the day  of ,  19 — ,  I  furnished  brick, 

mortar,  lime  and  iron  to ,  the  said  contractor,  for  use  in  said  build- 
ing, of  the  value  of dollars  ($ ),  and  agreed  to  furnish  further 

materials  of  like  kind  of  the  value  of  ■ •  dollars  ($ ),  the  whole  of 

said  materials  so  furnished  and  to  be  furnished  being  of  the  value  of 

• dollars  ($ ). 

Dated ,  19—. 

[Signature.] 
NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1184. 

No.  2506.    Notice  of  Completion  of  Work. 

Notice  is  hereby  given  that  I, ,  as  owner  of  the  property  herein- 
after described,  caused  a  building  to  be  constructed  [or,  altered;  or, 
added  to ;  or,  repaired]  upon  the  property  hereinafter  described,  the  con- 

tract  for  doing  which  was  heretofore  made  with ,  as  contractor,  and 

filed  for  record  in  the  office  of  the  recorder  of  the  county  of ,  on  the 

• — —  day  of  ,  19 — ;  that  the  work  on  said  building  was  actually 

completed  on  the day  of ,  19—  [or,  in  case  of  cessation  from 

labor  for  thirtj^  days,  state  the  fact  of  such  cessation,  and  that  it  actu- 


883  Liens.  Forms  2507-2509 

ally  occurred  on  the day  of ,  19—] ;  that  the  nature  of  the  title 

to  said  property  of  said  owner  is  as  follows,  that  is  to  say,  he  owns  it 
in  fee;  and  that  the  property  horcinhefore  referred  to,  and  on  which 
«aid  building  is  situated,  is  described  as  follows,  to  wit:  . 

Dated ,  19—. 

[Signature.] 

[Affidavit.] 
NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1187. 

No.  2507.    Affidavit  of  Owner  to  Notice  of  Completion. 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  o-wner  of  the  property  de- 
scribed in  the  foregoing  notice;  that  he  has  read  the  same,  and  knows 
the  contents  thereof;  and  that  the  facts  stated  therein  are  true. 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE. — See  Cal.  Code  Civ.  Proc,  sec.  1187. 

No.  2508.    Affidavit  on  Behalf  of  Owner  to  Notice  of  Completion. 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  has  read  the  foregoing  notice,  and 

knows  the  contents  thereof ;  that  he  has  per.sonal  knowledge  of  the  facts 
therein  stated ;  that  the  same  are  true ;  that  the  owner  mentioned  in  said 
notice  is  absent ;  and  that  for  this  reason  affiant  makes  this  affidavit  on 
behalf  of  the  said  ownier. 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE. — See  Cal.  Code  Civ.  Proc,  sec.  1187. 

No.  2509.    Claim  for  Mechanic's  Lien — ^Washington. 

,  Claimant,  v. . 

Notice  is  hereby  given  that,  on  the day  of ,  19 — ,  said  claim- 
ant, at  the  request  of  ,  commenced  to  perform  labor  upon  , 

of  which  property   the  owner,  or  reputed   owner,  is  [or  if  the 

owner  or  reputed  owner  is  not  known,  insert  W'Ord  "unknown"],  tlie 

performance  of  which  labor  ceased  on  the day  of ,  19 — ;  that 

said   labor  performed   was  of  tlie   value  of  dollars    ($ ),   for 

which   labor  the   undersigned  claims   a  lien  upon  the  property  herein 

described  for  the  sum  of  dollars  ($ ). 

,  Claimant. 


Forms  2510-2512        Cowdery's  Form  Book.  884 

NOTE.— See  Wash.  Rem.  Code,  sec.  1134. 

This  claim  of  lien  must  be  verified  by  the  oath  of  the  claimant,  or  some 
person  in  his  behalf.  See  next  succeeding  form.  Any  number  of  claimants 
may  join  in  the  same  claim  for  the  purpose  of  filing  the  same  and  enforcing 
their  liens;  but  in  such  case  the  amount  claimed  by  each  original  lienor, 
respectively,  shall  be  stated;  but  it  is  not  necessary  to  insert  in  the  notice 
of  claim  of  lien  any  itemized  statement  or  bill  of  particulars  of  such  claim. 

No.  2510.    Affidavit  to  Claim  for  Mechanic's  Lien — Washington. 

State  of  , 

County  of  ,  ss. 

,  being  sworn,  says :  I  am  the  claimant  above  named ;  I  have  heard 

the  foregoing  claim  read,  and  know  the  contents  thereof,  and  believe 
the  same  to  be  just. 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Wash.  Rem.  Code,  sec.  1134. 

No.  2511.    Claim  Against  Bond  Given  on  Contract  for  Public  Work- 
Washington. 

To . 

Notice  is  hereby  given  that  the  undersigned  has  a  claim  in  the  sum 

of dollars  ($ )  against  the  bond  taken  from  for  the  wot-k 

of . 

[Signature.] 
NOTE.— See  Wash.  Eem.  Code,  sec.  1161. 

No.  2512.    Affidavit  for  Attachment  When  Plaintiff  has  Lien  upon  Logs 

and  Timber  for  Labor  Performed. 
[Title  of  Court  and  Cause.l 
State  of  California, 
County  of  Humboldt, — ss. 

L.  A.  B.  R.,  being  sworn,  says:  That  he  is  plaintiff  in  the  above- 
entitled  action.  That  defendant  is  indebted  to  him  in  the  sum  of  $350, 
gold  coin  of  the  United  States,  for  his  personal  services  upon  a  demand 
for  labor  performed  upon  a  contract  for  the  rafting  of  logs  and  other 
timber.  That  said  amount  is  an  actual  bona  fide  existing  debt  due  and 
owing  from  defendant  to  plaintiff,  and  the  action  to  recover  said  amount 
is  not  brought  to  hinder,  delay  or  defraud  any  creditor  or  creditors  of 
defendant. 

L.  A.  B.  B. 

[Verification.] 

NOTE, — California,  Civ.  Code,  sec.  3065. 


885  Liens.  Forms  2513-2515 

No.  2518.    Notice  of  Sale  of  Impounded  Property  to  Satisfy  Lien. 

Notice  is  hereby  given  that,  on  ,  the  day  of  ,  19 — ,  at 

12  o'clock  M.,  at  the  public  pound,  in  the  city  and  county  of  ,  at 

No. street,  there  will  be  offered  for  sale,  and  sold  to  the  highest 

bidder  for  cash,  payable  in  gold  coin  of  the  United  States  at  the  con- 
summation of  the  sale,  certain  animals,  described  as  follows,  to  wit: 
;  and  certain  personal  property  described  and  in  condition  as  fol- 
lows, namely: : 

Dated ,  19—. 

[Signature.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  597a;  Cal.  Code  Civ.  Proc,  sec.  1208.  The 
section  first  cited  provides  for  a  lien  upon  animals  and  the  wagons  and 
contents  to  which  they  are  attached  when  impounded;  and  the  section 
last  cited  provides  for  the  sale  of  such  impounded  property. 

No.  2514.    Notice  of  Claim  of  Lien  for  Propagating  Animals. 

Notice  is  hereby  given  that  I,  ,  the  undersigned,  am,  and  was  at 

all  times  herein  mentioned,  the  owner  of  a  certain  stallion,  named , 

used  for  propagating  purposes;  that,  on  or  about  the day  of , 

19 — ,  ,  the  owner  of  a  certain  marc,  in  the  county  of  ,  de- 
scribed as  follows :  ,  agreed  to  pay  the  said ,  for  the  propagat- 
ing service  of  said  stallion  upon  said  mare,  the  sum  of  dollars 

($ ) ;   that  said  service  was  performed   at  ,  on  or  about  the 

day  of  ,  19 — ;  that  payment  for  said  service  has  not  been 

made ;  and  that  the  said claims  a  lien  in  tlie  amount  of dollars 

($ )  upon  the  said  mare  for  said  service,  and  also  upon  the  offspring 

of  such  service. 

Dated ,  19—. 

[Signature.] 

[To  be  verified.] 

NOTE.— See  Cal.  Civ.  Code,  sec.  3063. 

No.  2515.    Affidavit  to  Claim  of  Lien  for  Propagating  Animals. 

State  of , 

County  of  ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  claimant  in  the  foregoing 

notice  of  claim  of  lien;  that  he  has  read  said  notice,  and  knows  the 
contents  thereof;  and  that  the  facts  therein  stated  are  true. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Civ.  Code,  sec.  3063.  ,.         - 

This  form  is  to  be  attached  to  the  preceding  one,  and  forms  part  thereof. 

The  verified  claim  must  be  filed  by  the  claimant  in  the  office  of  the  county 

recorder  of  the  county  where  the  mare  or  cow  subject  thereto  is  kept,  within 

ninety  days  after  the  service  on  account  of  which  the  lien  is  claimed. 


Forms  2516-2518        Cowdery's  Form  Book.  886 

Wo.  2516.    Notice  of  Claim  of  Lien — Fishing  Industry — Oregon. 
,  Claimant,  v. ,  Defendant. 

Notice  is  hereby  given  that  claims  a  lien  upon  ,  which  is 

now  situate  and  being  in  the  county  of  ,  state  of  ,  for  work 

and  labor  performed;  that  the  name  of  the  ov»ner,  or  reputed  owner, 

is ;  that employed  said to  perform  such  work,  labor,  and 

services  upon  the  following  conditions:  ;   that   said  contract  has 

been  faithfully  performed  and  fully  complied  with  on  the  part  of  said 

,  who  performed  labor  upon  and  assisted  in  for  the  period  of 

;  that  said  work,  labor  and  services  v/ere  so  performed  and  ren- 
dered upon  said  property  between  the  day  of ,  19 — ,  and  the 

day  of ,  19 — ,  and  the  rendition  of  said  services  was  closed  on 

the day  of ,  19 — ;  and  thirty  days  have  not  elapsed  since  that 

time;  that  the  amount  of  claimant's  demand  for  services  is  the  sum 

of dollars  ($ ) ;  that  no  part  thereof  has  been  paid,  except  the 

sum  of dollars  ($ ) ;  and  that  there  is  now  due  and  remainins: 

unpaid  thereon,  after  deducting  all  just  credits  and  offsets,  the  sum  of 

dollars    ($ ),   in   which   amount  he   claims   a  lien   upon   said 

property. 

Dated ,  19—. 

[Signature.] 

NOTE.— See  Or.  Laws  1903,  p.  122,  sec.  5. 

The  statute  referred  to  gives  a  lien  to  protect  boat-pullers,  fishermen  and 
laborers  engaged  in  the  fishing  industry. 

No.  2517.    Affidavit  to  Claim  of  Lien — Fishing  Industry — Oregon. 

State  of , 

County  of  ,  S3. 

I, ,  being  first  duly  sworn  on  oath,  say  that  I  am  the named 

in  the  foregoing  claim;  and  that  I  have  heard  the  same  read,  know  the 
contents  thereof,  and  believe  the  same  to  be  true. 

[Signature.] 
Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Or.  Laws  1903,  p.  122,  sec.  S. 

No.  2518.    Notice  of  Claim  of  Lien  upon  Chattels  for  Labor,  Skill  and 
Materials  Expended — Oregon. 

,  Claimant,  v. ,  Defendant. 

Notice  is  hereby  given  that  claims  a  lien  upon  for  and  on 

account  of  labor,  skill  and  materials  expended  iipon  the  ;  that  the 

name  of  the  owner,  or  reputed  owner,  is  ;  that  the  said  labor,  skill 

and  materials  were  expended  upon  the  said  property  between  the  

day  of  ,  19 — ■,  and  the  day  of  ,  19 — -,  and  the  rendition 

of  the  labor,  skill   and  materials   so  expended  by  the  claimant  above 


887  Liens.  Forms  2519-2521 

named  was  closed  on  the day  of ,  19 — ;  that  sixty  (60)  days 

have  not  elapsed  since  that  time;  that  the  amount  claimant  demands 

for  said  lahor,  skill,  and  materials  so  expended  is  dollars  ($ ) ; 

that  no  part  thereof  has  been  paid  except  dollars    ($ ),  and 

there  is   now   due   and  remaining  unpaid   thereon,   after  deducting  all 

just  claims  and  offsets,  the  sum  of dollars  ($ ),  in  which  amount 

he  claims  a  lien  upon  said  property. 

Dated ,  19—. 

[Signature.] 

NOTE.— See  Or.  Laws  1909,  p.  224. 

The  statute  referred  to  gives  a  lien  for  labor,  skill  and  materials  ex- 
pended upon  chattels  by  blacksmiths,  wagonmakers,  automobile  repairers 
and  mechanics. 

No.  2519.    Notice  of  Claim  of  Lien  upon  Chattels,  for  Labor,  Skill  and 
Materials  Expended — Washington. 

,  Claimant,  v.  ,  Owner. 

Notice  is  hereby  given  that  has  and  claims  a  lien  upon  , 

owned  by ,  for  the  sum  of dollars  ($— — ■),  for  and  on  account 

of  labor,  skill,  and  material  expended  upon  said  ,  which  was  com- 
pleted upon  the  day  of ,  19 — , 

Dated ,  19—. 

— — ,  Claimant. 

NOTE.— See  Wash.  Eem.  Code,  sec.  1155. 

No.  2520.    Afadavit  to  Claim— Oregon. 

State  of , 

County  of  ,  ss. 

I, ,  being  first  duly  sworn,  on  oath  say  that  I  am ,  named  in 

the  foregoing  claim;  that  I  have  heard  the  same  read,  and  know  the 
contents  thereof,  and  believe  the  same  to  be  true. 

[Signatiire.] 
Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Or.  Laws  1909,  p.  224. 

No.  2521.    Notice  of  Claim  of  Lien  on  Railroad  Property — Oregon. 

To  the  . 

You  are  hereby  notified  that  I  am  employed  by  ,  the  contractor 

of  said  railroad  company  or  corporation,  to  perform  work  as  a  laborer 
for  such  contractor  in  conformity  to  his  contract  with  said  company 

or  corporation ;  that  my  said  labor  is  of  the  value  of dollars  ($ ), 

which  sum  the  said  contractor  agreed  to  pay  me  therefor;   and  upon 
which  there  is  now  due  to  me  the  sum  of  dollars   ($ ) ;  and 


Forms  2522-2524        Cowdery's  Form  Book.  88S 

that  I  shall  hold  all  property  of  said  railroad  company  or  corporation 
to  secure  my  pay. 

[Signature.] 
Dated  ,  19 — . 

NOTE.— See  Lord's  Oregon  Laws,  sec.  7430. 

No.  2522.    Answer  Alleging  Lien  on  Goods  as  Manufacturer,  etc. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  alleges: 

1.  That  said  goods  were  manufactured  by  the  defendant,  as  tailor, 
and  that  he  detained  them,  by  virtue  of  his  lien  as  a  mechanic  and  the 

manufacturer   tliereof,    as   security   for   the   payment   of   dollars 

($ ),   which   is   the   amount   due  him   from   the   plaintiff   for  work 

and  labor  in  manufacturing  them. 

2.  That  the  defendant  has  always  been,  and  still  is,  ready  and  willing 
to  deliver  the  said  goods  to  the  plaintiff  upon  receiving  the  said  amount. 

3.  That  the  plaintiff  has  not  paid  or  tendered  to  the  defendant  the 

said  amount  of dollars  ($— )  due  thereon. 

r„    .„     ,.      ,  [Signature.] 

[Verification.] 

No.  2523.    Answer  Alleging  Lien  upon  Goods  for  Storage. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  alleges: 

1.  That  on  the  day  of  ,  19 — ,  the  plaintiff  deposited  the 

goods  mentioned  in  the  complaint  with  the  defendant  for  storage,  agree- 
ing to  pay  for  the  same cents  per  per  . 

2.  That  the  defendant  has  always  been,  and  still  is,  ready  and  will- 
ing to  deliver  the  said  goods  to  the  plaintiff,  upon  the  payment  of 
the  stora'j^e  money  due. 

3.  That  the  plaintiff  has  not  paid  or  tendered  to  tlie  defendant  the 

storage  money  due. 

ryr     •«     +•       1  [Signature.] 

[Verification.] 

No.  2524.    Notice  of  Sale  of  Impounded  Animal  to  Satisfy  Lien. 

Notice  is  hereby  given  that  on  the  3d  day  of  July,  1917,  at  12  o'clock 
M.,  at  thi!  public  pound  in  the  city  and  county  of  San  Francisco,  at 
No.  1464  San  Bruno  Avenue,  there  will  be  offered  for  sale  and  sold 
to  the  highest  bidder  for  cash,  payable  at  the  consummation  of  the  sale, 
one  wliite  mare,  fifteen  iands  high,  about  twelve  years  old. 

Dated . 

A.  B. 

NOTE.— Code  Civ.  Proc,  sec.  1208;  Act  of  March  21,  1905,  Stats.,  p.  632. 
Section  597  of  tlie  Penal  Code  provides  for  a  lien  upon  animals  and  the 
wagons  and  contents  to  which  they  are  attached  when  impounded:  Stats. 
1905,  pp.  679-682;  and  section  1208,  Code  of  Civil  Procedure,  provides  for 
the  sale  of  such  impounded  property. 


889  Liens.  Forms  2525-2527 

No.  2525.    Notice  of  PuMic  Sale  by  Holder  of  Lien  for  Services  Ren- 
dered on  Chattel. 
To  Whom  It  May  Concern: 

Notice  is  hereby  given  that  on  Wednesday,  the  eleventh  day  of  Julj', 
1917,  at  the  hour  of  11  A.  M.  on  said  day,  at  the  premises  known  as 
the  Civic  Center  Garage,  situate  on  the  northeast  corner  of  Golden 
Gate  Avenue  and  Leavenworth  Street,  and  known  as  176  Golden  Gate 
Avenue,  San  Francisco,  California,  the  undersigned  will  sell  at  public 
auction  one  motorcycle,  Indian  manufacture,  numbered  75  Fo  46. 

Said  auction  and  sale  will  be  made  under  and  by  virtue  of  sections 
3051  and  3052  of  the  Civil  Code  of  California,  and  for  the  purpose  of 
satisfying  the  lien  of  the  undersigned  on  said  motorcycle  in  the  sum 
of  seventy  (70)  dollars,  together  with  the  costs  of  said  sale,  said  sum 
being  for  services  rendered  the  owner  of  said  motorcycle  by  the  under- 
signed, a  keeper  of  a  garage  for  automobiles  and  motorcycles,  for  its 
compensation  in  garaging,  caring  for  and  safekeeping  the  said  motor- 
cycle. 

Dated,  San  Francisco,  June  27,  1917. 

Central  Garage  Company, 

A  Corporation. 
By  I.  L.  Marks,  President. 

No.  2526.    Notice  to  Assignee  of  Lien  of  Servant,  etc. 

[Title  of  Court  and  Cause.] 
To  A.  B.,  Assignee  of  C.  D. : 

Please  take  notice  tliat  within  sixty  days  previous  to  the  time  of  the 
assignment  of  C.  D.  to  you  on  account  of  his,  C.  D.'s,  inability,  at  the 
time  of  said  assignment,  to  pay  his  debts,  the  undersigned  performed 
labor  for  him  as  a  miner,  working  for  liim  in  the  Hard  Scrabble  Mine, 
at  Downieville,  Sierra  County,  California,  and  the  amount  due  the 
undersigned  is  $100,  for  which  amount  the  undersigned  claims  a  pref- 
erence. 

[Dated  and  signed.] 

No.  2527.    Notice  of  Lien  of  Laborer  to  Officer  Holding  Attachment. 
[Title  of  Court  and  Cause.] 
To  A.  B.,  Sheriff,  etc. : 

Please  take  notice  that  the  undersigned  has  and  claims  a  preferred 
lien  for  labor  performed  by  him  for  C.  D.,  the  defendant  in  said  action, 
within  six  months  prior  to  the  levy  by  you  of  the  attachment  you  hold 
against  the  property  of  said  defendant,  which  chum  amounts  to  $96. 
The  said  labor  consisted  of  stable  work  in  the  stable  attached  by  you 
under  such  writ. 

[Signature.] 

NOTE'.— Code  Civ.  Proc,  sec.  1206. 


Forms  2556, 2557        Cowdeby's  Form  Book.  890 


LIS  PENDENS. 

See   Notices. 

Lis  Pendens— Action  to  Quiet  Title,  No.  3183. 
Lis  Pendens  in  Partition,  No.  2862. 


LOCATION  NOTICE. 

See  Mining. 

LODE  CLAIM. 

See   Mining. 

LOST  INSTRUMENTS. 

Lost  Instruments — Complaint  on  Lost  Note,  No.  3143. 

LOST  PROPERTY. 

2556.  Afadavit  of  finder  of  lost  property. 

2557.  Appraisement  of  lost  property. 

No.  2556.    Affidavit  of  Finder  of  Lost  Property. 

State  of , 

County  of  ,  ss. 

,  being  duly  sworn,  deposes  and  says  that  he  resides  at 

county  of ,  state  of ;  that  on  the day  of ,  at  - 

said  county  and  state,  he  found  the  following  described  property, 
namely:  ;  that  said  property  was  in  danger  of  being  lost  or  de- 
stroyed; that  he  took  charge  of  and  saved  said  property  by  storing  it 

at  ;  that  he  does  not  know  who  the  owner  of  said  property  is; 

that  the  value  thereof  is  over dollars  ($ ■) ;  and  that  he  has  not 

secretly  withheld,  or  disposed  of,  any  part  of  said  property. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Pol.  Code,  sees.  3136,  3137;  Cal.  Civ.  Code,  sec.  1865. 

No.  2557.    Appraisement  of  Lost  Property. 

Slate  of , 

County  of  ,  ss. 

We,  the  undersigned,  appointed  to  appraise  lost  property  described 

in  the  affidavit  of ,  now  on  file  in  the  office  of  ,  justice  of  the 

peace  of township,  county  of ,  state  of ,  being  duly  sworn, 

do  say  that  the  property  mentioned  in  said  affidavit  has  been  exhibited 


in 


891  Malicious  Prosecution.  Form  2580 

to  us;  that  the  following  is  a  correct  description  thereof,  to  wit; 


and  that  we  appraise  the  same  at  the  sum  of dollars  ($ ). 

[Signatures.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— The  finder  must  make  and  file  the  affidavit  referred  to  within 
five  days  from  the  finding,  with  the  .iustice  of  the  peace  of  the  county, 
whose  office  is  nearest  the  place  of  finding,  describing  the  property  and 
time  and  place  of  finding,  and  all  the  circumstances  of  the  finding.  Then 
the  justice  summons  three  appraisers.  They  examine  and  appraise  the  prop- 
erty and  describe  and  deliver  to  the  finder,  who  must,  within  five  days, 
have  the  appraisement  recorded  in  the  recorder's  office  of  the  county  where 
found:  California,  Civ.  Code,  sec.  1865. 

MALICIOUS  PROSECUTION. 

2580.  Complaint  for  malicious  prosecution— Opening  Flume. 

2581.  Complaint  for  malicious  arrest. 

2582.  Answer  justifying  arrest  on  suspicion. 

2583.  Answer  justifying  arrest  on  criminal  process. 

No.  2580.     Complaint  for  Malicious  Prosecution— Opening  Flume. 
[Title  of  Court  and  Cause.] 

I.  That  on  the  nineteenth  day  of  July,  A.  D.  1894,  the  said  defend- 
ants, contriving  and  maliciously  intending  to  injure  the  said  plaintiff  m 
his  good  name  and  reputation,  and  to  cause  him  to  be  imprisoned,  falsely 
and  maliciously,  and  without  any  reasonable  or  probable  cause  therefor, 
procured  and  caused  plaintiff  to  be  charged  before  E.  J.  Ensign,  a  jus- 
tice of  the  peace  of  San  Diego  toAvnship,  county  of  San  Diego,  state  of 
California,  with  the  crime  of:  "Without  authority  from  the  San  Diego 
Flume  Company  (a  corporation),  of  said  county,  or  any  agent  thereof, 
did  raise,  disturb,  and  open  an  appurtenance  attached  to  a  flume  belong- 
ing to  said  San  Diego  Flume  Company,  then  and  there  used  for  the  pur- 
pose of  holding  and  conveying  water  for  agricultural  and  domestic  uses, 
and  which  said  appurtenance  was  so  attached  to  said  flume  or  conduit 
for  the  purpose  of  measuring  and  controlling  water  held  and  conveyed 
in  and  by  said  flume  or  conduit,  and  used  for  said  purposes,"— and  there- 
upon caused  said  justice  to  make  out  a  warrant  in  due  form  of  law  under 
his  hand,  for  the  apprehension  of  plaintiff,  and  falsely  and  maliciously, 
and  without  probable  cause  therefor,  caused  plaintiff  to  be  arrested  on 
said  charge,  and  to  be  imprisoned  for  two  hours,  and  compelled  to  give 
bail  in  the  sum  of  one  hundred  dollars  ($100)  for  his  release. 

II.  That  on  the  thirty-first  day  of  July,  1894,  at  the  trial  of  said 
cause,  the  plaintiff  was  acquitted  of  said  crime,  and  said  prosecution  is 
wholly  ended  and  determined. 

III.  That  by  means  of  which  said  acts  the  plaintiff  has  been  greatly 
injured  in  his  credit  and  reputation,  and  brought  into  public  scandal,  in- 
famy and  disgrace,  and  has  suffered  great  anxiety  and  pain  of  body  and 


Forms  2581, 2582         Cowdery's  Form  Book.  892 

mind,  to  his  damage  in  the  sum  of  five  thousand  dollars,  and  has  hccn 
forced  to  lay  out  and  expend  the  sum  of  one  hundred  dollars  in  procur- 
ing his  discharge  from  said  imprisonment,  and  in  defending  himself. 

IV.  That  the  defendant  San  Diego  Flume  Company  is  a  corporation 
duly  organized  under  and  by  virtue  of  the  laws  of  the  state  of  California, 
and  has  its  principal  place  of  business  at  San  Diego,  state  of  California. 

Wherefore  plaintiff  demands  judgment  against  said  defendants  for  the 
Bum  of  five  thousand  one  hundred  dollars  ($5,100),  and  all  costs  of  suit. 

,  Attorney  for  Plaintiff. 

[Verification.] 

NOTE.— Precedent  in  Eunk  v.  San  Diego  Flume  Co.,  5  Cal.  Unrep  251, 
43  Pac.  519. 

No.  2581.    Complaint  for  Malicious  Arrest. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  first  day  of ,  19 — ,  the  defendant,  maliciously  in- 
tending to  injure  the  plaintiff,  made  affidavit,  and  procured  one to 

make  an  affidavit,  in  an  action  brought  against  this  plaintiff  by  defend- 
ant, in  which  he  alleged ;  and  that  upon  said  affidavits  the  defend- 
ant caused  to  be  issued  an  order  of  arrest  against  this  plaintiff,  under 

which  the  plaintiff  Avas  arrested  and  imprisoned  for  the  space  of  

days,  and  was  compelled  to  give  bail  in  the  sum  of dollars  ($ ). 

2.  That  in  so  doing  the  defendant  acted  maliciously  and  without  prob- 
able cause. 

3.  That  thereafter  said  cause  was  duly  tried  and  judgment  rendered  in 
favor  of  this  plaintiff. 

Wherefore  [etc.]. 

[Signature.] 

No.  2582.    Answer  Justifying  Arrest  on  Suspicion. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  That  at  and  immediately  before  the  time  mentioned  in  the  com- 
plaint the  defendant  was  a  constable  of . 

2.  That  he  was  then  informed  by  that  a  felony  had  been  com- 
mitted in  said  county  and  state,  to  wit, ;  and  said  defendant,  believ- 
ing such  information  to  be  true,  and  having  reasonable  cause,  by  reason 

of [state  sources  of  information,  and  grounds  of  suspicion  against 

the  plaintiff]  to  suspect  the  plaintiff  of  having  committed  such  felony, 
acted  on  the  information  and  facts,  and,  in  pursuance  of  the  duties  of 

his  office,  arrested  the  plaintiff  and  brought  him  before ,  a  justice  of 

the  peace  of township,  in  said  county  and  state,  to  be  dealt  with 

according  to  law. 

3.  That  the  above  acts  are  the  same  of  which  plaintiff  complains. 

[Signature.] 


893  ]Maliciou3  Prosecution — Mandamus.    Forms  2583,  2588 

No,  2583.    Answer  Justifying  Arrest  on  Criminal  Process. 
[Title  of  Court  and  Cause.] 
The  defeudant  answers  to  the  complaint: 

1.  That  before  and  at  the  time  of  the  committing  of  the  alleged  tres- 
passes he,  the  said  defendant,  was  a  constable  within  and  for  the 
town  of  . 

2.  That  a  warrant  was  duly  issued  by  one ,  a  justice  of  the  peace, 

under  his  hand  and  seal,  and  directed  to  any  constable  of  said  , 

which  then  was  delivered  to  this  defendant  as  such  constable  to  be 
executed;  whereby  he  was  commanded  to  arrest  the  said  plaintiff  and 
bring  him  forthwith  before  said  justice,  there  to  answer  to  the  charge 
of  having . 

3.  That  the  said was  then  and  there  a  justice  of  the  peace,  within 

and  for  the  said  town  of  ,  duly  elected  and  qualified,  and  acting 

as  such. 

4.  That  by  virtue  of  the  said  warrant  so  issued,  he,  the  said  defend- 
ant, did  arrest  the  said  plaintiff,  and  had  him  in  his  custody  until 
he  was  discharged. 

[Signature.] 

MANDAMUS. 

2588.  Petition  for  writ  of  mandamus. 

2589.  Alternative  writ  of  mandamus. 

2590.  Peremptory  writ  of  mandamus. 

No.  2588.    Petition  for  Writ  of  Mandamus. 
[Title  of  Court  and  Cause.] 

The  petition  of  George  W.  Babcock  respectfully  shows  and  your  peti- 
tioner on  oath  alleges  and  deposes: 

I.  That  on  the  twenty-fifth  day  of  June,  1873,  the  county  seat  of 
the  said  county  of  Alameda  was  removed  from  the  town  of  San  Leandro, 
where  the  same  had  previously  been  located,  to  the  city  of  Oakland, 
which  has  ever  since  been  and  now  is  the  county  seat  and  seat  of 
justice  of  said  county. 

II.  That  the  said  county  of  Alameda  has  not  now  and  never  had 
any  jail  or  other  place  for  the  confinement  of  prisoners  at  the  said 
city  of  Oakland,  and  that  since  the  removal  of  the  county  seat  as  afore- 
said, the  said  county  has  continued  to  use  as  a  jail  the  building  pre- 
viously occupied  for  that  purpose  at  the  said  town  of  San  Leandro. 

III.  That  said  town  is  about  seven  miles  from  the  said  city  of  Oak- 
land, and  that  said  building  so  used  as  a  jail  is  not  the  property  of  said 
county,  and  has  only  been  used  temporarily  until  a  jail  could  be  built 
at  the  said  city  of  Oakland. 

IV.  That  on  the  second  day  of  August,  1873,  and  from  that  time 
continuously  until  the  eighteenth  day  of  the  same  month,  the  board  oi 


Form  2588  Cowdeey's  Form  Book.  894 

suiDervisors  of  said  county  advertised  in  various  newspapers,  printed 
find  published  in  said  county,  for  plans  and  specifications  in  detail  for 
a  jail  to  be  erected  at  the  said  city  of  Oakland,  and  stated  in  said 
advertisement  the  sum  of  fifty  thousand  dollars  as  the  amount  author- 
ized by  said  board  to  be  expended  in  the  erection  of  said  jail,  and  the 
sum  of  three  hundred  dollars  as  the  premium  to  be  awarded  to  the 
architect  whose  plans  and  specifications  for  the  same  should  be  adopted ; 
and  further  states,  that  said  plans  and  specifications  would  be  received 
by  said  board  up  to  twelve  o'clock,  noon,  of  said  last-mentioned  day 
at  the  office  of  the  clerk  of  said  board  in  the  courthouse  at  the  said 
city  of  Oakland. 

V.  That  on  and  prior  to  the  said  eighteenth  day  of  August,  1873, 
plans  and  specifications  were  jorepared  and  delivered  to  said  board  in 
pursuance  of  said  advertisement  by  several  competent  architects,  and, 
among  others,  by  the  firm  of  S.  C.  Bugbee  &  Son,  of  the  city  and  county 
of  San  Francisco,  and  that  on  the  nineteenth  day  of  August,  1873, 
said  board  examined  said  plans  and  specifications  prepared  and  deliv- 
ered as  aforesaid,  by  the  said  S.  C.  Bugbee  &  Son. 

VI.  That  on  the  fourth  day  of  September,  1873,  the  said  board  of 
supervisors,  acting  for  and  on  behalf  of  the  said  county  of  Alameda, 
entered  into  a  written  contract  with  your  petitioner  for  the  erection  of 
said  jail,  in  accordance  with  the  plans  and  specifications  adopted  as 
aforesaid,  a  copy  of  which  contract  marked  Exhibit  "A,"  is  hereto 
annexed  and  made  part  of  this  petition. 

VII.  That  said  contract  was  signed  by  your  petitioner,  and  by  Isham 
Case,  chairman  of  the  said  board  of  supervisors,  under  authority  from 
said  board,  and  was  executed  in  pursuance  of  orders  and  determinations 
of  said  board  in  that  behalf  dulj^  given  and  made. 

VIII.  That  by  the  terms  of  said  contract,  it  is  provided  that  at 
any  time  within  the  time  to  which  your  petitioner  is  therein  limited  in 
the  completion  of  said  jail,  and  at  all  times  within  said  period  upon 
the  certificate  in  writing,  of  the  said  S.  C.  Bugbee  &  Son,  architects,  to 
the  said  board  of  supervisors,  that  work,  labor  and  material  have  been 
expended  upon  said  jail  in  strict  conformity  with  the  plans  and  speci- 
fications thereof,  and  satisfactorily  to  the  said  architects,  to  any  certain 
amount  to  be  set  forth  in  said  certificate,  the  said  board  will  cause  to 
be  paid  to  your  petitioner  seventy-five  per  centum  of  the  said  amount 
set  forth  in  said  certificate. 

IX.  That  immediately  after  the  execution  of  said  contract,  your 
petitioner  commenced  the  erection  of  said  jail  in  pursuance  thereof, 
and  that  prior  to  the  third  day  of  November,  1873,  work,  labor  and 
materials  were  expended  by  your  petitioner  upon  said  jail,  in  strict  con- 
formity with  the  plans  and  specifications  thereof,  as  aforesaid,  to  the 
amount  of  three  thousand  eight  hundred  dollars. 

X.  That  on  said  last-mentioned  day  the  said  S.  C.  Bugbee  &  Son, 
as  such  architects,  certified  in  writing  to  the  said  board  of  supervisors 


895  Mandamus.  Form  2588 

til  at  said  work,  labor,  and  materials  had  been  expended  by  your  peti- 
tioner, as  aforesaid,  a  copy  of  which  certificate,  marked  Exhibit  "B," 
is  liereto  annexed  and  made  a  part  of  this  petition. 

XI.  That  on  the  twelfth  day  of  November,  1873,  your  petitioner  pre- 
sented to  the  said  board  of  supervisors  an  account  against  the  said 
county  of  Alameda  for  tlie  sum  of  two  thousand  eight  hundred  and  fifty 
dollars,  as  the  amount  due  for  said  work,  labor,  and  materials,  being 
seventy-five  per  cent  of  the  amount  set  forth  in  said  certificate ;  which 
said  account  was  duly  verified  by  your  petitioner,  and  a  copy  thereof 
and  of  such  verification  are  hereto  annexed,  marked  Exhibit  "C,"  and 
made  a  part  of  this  petition. 

XII.  That  said  certificate  was  attached  to  said  account  and  presented 
therewith  to  the  said  board  of  supervisors,  and  that  said  certificate  and 
account  were  thereupon  filed  by  the  clerk  of  said  board. 

XIII.  That  afterward,  on  the  same  day,  the  said  board  of  supervisors 
examined  said  account,  and  made  an  order  allowing  the  same,  and  on 
the  twenty-fourth  day  of  November,  1873,  made  a  further  order,  direct- 
ing said  account  to  be  paid,  and  directing  the  auditor  to  draw  his  war- 
rant upon  the  county  treasurer  for  the  amount  thereof,  and  that  said 
orders  were  duly  given  and  made. 

XIV.  That  the  said  J.  V.  B.  Goodrich  was,  at  the  times  hereinbefore 
mentioned,  and  ever  since  has  been  and  still  is,  county  clerk  of  tlie  said 
county  of  Alameda,  and  ex-officio  auditor  of  said  county,  and  clerk  of 
the  said  board  of  supervisors. 

XV.  That  on  the  twenty-fifth  day  of  November,  1873,  and  at  divers 
other  times  after  said  account  had  been  allowed  and  ordered  to  be  paid, 
as  aforesaid,  your  petitioner  requested  the  said  Goodrich,  as  auditor  of 
said  county,  to  draw  his  warrant  upon  the  countj'^  treasurer  in  favor  of 
your  petitioner  in  payment  of  said  account,  and  then  and  there  de- 
manded said  warrant  of  the  said  Goodrich,  as  such  auditor,  and  that  the 
said  Goodrich  refused  to  comply  with  said  requests  and  demands,  and 
refused  to  draw  such  warrant  or  any  warrant  in  payment  of  said  account, 
and  so  to  do  has  ever  since  refused  and  still  refuses ;  that  said  requests 
and  demands  were  made  at  the  office  of  the  said  Goodrich  in  said  countj', 
and  that  in  reply  thereto  the  said  Goodrich  stated  to  your  petitioner, 
among  other  things,  that  he  would  not  draw  said  warrant  unless  the 
courts  should  compel  him  to  do  so. 

XVI.  That  the  refusals  by  the  said  Goodrich  as  aforesaid  have  de- 
prived your  petitioner  of  the  means  of  obtaining  payment  of  said 
account,  and  that  he  has  not  any  plain,  speedy,  or  adequate  remedy  in 
the  ordinary  course  of  law. 

Wherefore,  your  petitioner  prays  that  a  writ  of  mandate  may  be  issued 
out  of  this  honorable  court,  directed  to  the  said  J.  V.  B.  Goodrich,  as 
auditor  of  the  said  county  of  Alameda,  and  commanding  him  as  sucli 
auditor  to  draw  his  warrant  upon  the  county  treasurer  of  said  county 


Form  2589  Cowdery's  Form  Book.  896 

in  favor  of  your  petitioner,  for  the  amount  of  said  account  and  in  Tpay- 
ment  thereof,  and  to  do  such  other  acts  and  things  as  may  be  necessary 
or  proper  in  the  premises. 

Your  petitioner  further  states,  that  he  makes  his  application  for  the 
writ  of  mandate  herein  to  this  honorable  court  in  the  first  instance,  be- 
cause the  matters  involved  are  of  public  and  general  interest  to  the 
people  of  said  county,  and  their  speedy  determination  is  necessary  to 
prevent  serious  embarrassment  in  regard  to  said  contracts  and  the  erec- 
tion of  said  jail,  and  because  of  the  delays  incident  to  such  proceedings 
in  the  district  court. 

George  W.  Babcock. 

NOTE. — Precedent  in  Babcock  v.  Goodrich,  47  Cal.  490, 
See  Alaska,  Comp.  Laws  1913,  sees.  1384-1397;  Arizona,  Eev.  Stats.  (Civ. 
Code  1913),  sec.  1556;  California,  Code  Civ.  Proc,  sec.  1084  et  seq.;  Colo- 
rado, Mill's  Ann.  Code,  sec.  307  et  seq.;  Hawaii,  Rev.  Code  1915,  sees.  2675- 
2687;  Idaho,  Rev.  Codes  1907,  see.  4979  et  seq.;  Kansas,  Gen.  Stats.  1915, 
sec.  7648;  Montana,  Eev.  Codes  1907,  sec.  7216  et  seq.;  Nebraska,  Rev. 
Code  1913,  sec.  8271  et  seq.;  Nevada,  Rev.  Laws  1912,  sees.  5694-5707;  New 
Mexico,  Stats.  Ann.  1915,  sees.  3411-3424;  North  Dakota,  Comp.  Laws  1913, 
sees.  8457-8469;.  Oklahoma,  Harris  &  Day's  Code  1910,  sees.  4907-4918; 
Oregon,  Lord's  Oregon  Laws,  see.  612  et  seq.;  South  Dakota,  Comp.  Laws 
1913,  sec.  5517  et  seq.;  Utah,  Comp.  Laws  1907,  sec.  3640  et  seq.;  Wash- 
ington, Rem.  Cqde,  see.  1016  et  seq.;  Wyoming,  Comp.  Stats.  1910,  sec. 
5054  et  seq. 

No.  2589.    Alternative  Writ  of  Mandamus. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of to ,  Greeting. 

Whereas  it  manifestly  appears  to  us  by  the  verified  petition  of , 


the  party  beneficially  interested  herein,  that  [state  generally  the 

allegation  against  defendant],  and  that  there  is  not  a  plain,  speedy  and 
adequate  remedy  in  the  ordinary  course  of  law: 

Therefore  we  do  command  you  that,  immediately  after  the  receipt  of 

this  writ,  you  do ;  or  that  you  show  cause  before  this  court,  at  tlie 

courtroom  thereof,  at ,  in  said  county  and  state,  on  the day  of 

,  19 — ,  at  the  opening  of  the  court  on  that  day,  why  you  have  not 

done  so. 

Witness  the  Honorable ,  judge  of  the court,  and  the  seal  of 

said  court,  this day  of ,  19 — . 

[Seal]  ,  Clerk. 

By ,  Deputy  Clerk. 

NOTE. — In  California,  the  writ  may  be  issued  by  any  court,  except  a 
justice's  or  police  court,  to  any  inferior  tribunal,  corporation,  board  or  per- 
son, to  compel  performance  of  an  act  which  the  law  specially  enjoins  as 
a  duty  resulting  from  an  oflBee,  trust,  or  station;  or  to  compel  the  admission 
of  a  party  to  the  use  and  enjoyment  of  a  right,  or  office,  to  which  he  ia 
entitled,  and  from  which  he  is  unlawfully  precluded  by  such  inferior  tri- 
bunal, corporation,  board,  or  person.     It  issues,  where  there   is  no  plain, 


897  Mandamus— ^Maritime  Protest.  Form  2590 

speedy,  and  adequate  remedy  at  law,  and  upon  the  verified  petition  of  the 
party  beneficially  interested.  If  the  application  be  without  notice,  the 
alternative  writ  may  issue;  otherwise,  the  peremptory:  See  Cal.  Code  Civ. 
Proc,  sees.  1085-1088. 

No.  2590.    Peremptory  Writ  of  Mandamus, 

[Title  of  Court  and  Cause.] 

The  State  of to  [give  name  and  official  title],  Greeting: 

Whereas,  upon  trial  of  the  issues  in  the  above-entitled  action  this 
court  has  duly  found  and  adjudq-cd  that  [here  recite  the  facts  found 
showing  the  duty  enjoined  by  law  therefrom  upon  the  defendant]  : 
Nevertheless  you  have  unjustly  refused,  and  still  do  refuse,  to  [specify 
said  act],  to  the  manifest  injury  of  the  said  relator,  as  we  have  found 
and  adjudged ; 

Now,  therefore,  we,  being  willing  that  speedy  justice  should  be  done 
in  this  behalf  to  him,  the  said  [relator],  do  command  you  [here  specify 
act  or  duty] ;  and  we  do  also  command  that  you  make  known  to  us  be- 
fore our court,  in  and  for  the  county  of ,  at ,  on  the  

day  of ,  19 — ,  how  you  have  executed  this  writ :  And  have  you  then 

and  there  this  writ. 

Witness,  Honorable ,  judge  of  our  said  court,  this  day 

of ,  19—. 

[Seal]  ,  Clerk. 

NOTE'. — In  California,  the  writ  may  be  issued  by  any  court,  except  a 
justice's  or  police  court,  to  any  inferior  tribunal,  corporation,  board  or 
person  to  compel  performance  of  an  act  which  the  law  specially  enjoins  as 
a  duty  resulting  from  an  office,  trust  or  station;  or  to  compel  the  admission 
of  a  party  to  a  right,  or  office,  to  which  he  is  entitled,  and  from  which  he 
is  unlawfully  precluded  by  such  inferior  tribunal,  corporation,  board,  or 
person.  It  issues  when  there  is  not  a  plain,  speedy,  and  adequate  remedy 
at  law.  It  is  issued  upon  affidavit  upon  the  application  of  the  party  bene- 
ficially interested.  It  is  either  alternative  or  peremptory:  Cal.  Code  Civ. 
Proe.,  sees.  1084-1087. 


MARITIME  PROTEST. 

Maritime  Protest  for  Distress   of   Weather — Notation   of,  No.   3157. 
Maritime  Protest  Extended  Before  Same  Notary,  No.  3158. 
Maritime  Protest  Extended  Before  Another  Notary,  No.  3160. 
Form  Book — 57 


Cowdeby's  Form  Book.  698 

MARRIAGE. 

2600.  Marriage  ceremony. 

2601.  Declaration  of  marriage  where  there  is  no  record, 

2602.  Answer  alleging  marriage  of  plaintiff. 

2603.  Answer  alleging  marriage  of  defendant. 

2604.  Answer  alleging  marriage  of  defendant. 

INTRODUCTORY  NOTE. 

Marriage  Licenses. — All  persons  about  to  be  joined  in  marriage 
must  first  obtain  a  license  therefor,  from  the  county  clerk  of  the 
county  in  which  the  marriage  is  to  be  celebrated,  which  license 
must  show : 

1.  The  identity  of  the  parties. 

2.  Their  real  and  full  names,  and  places  of  residence. 

3.  Their  ages ;  and 

4.  Whether  white,  mongolian,  negro  or  mulatto. 

License  not  to  Issue,  When. — No  license  must  be  granted  when 
either  of  the  parties,  applicants  therefor,  is  an  imbecile,  or  in- 
sane, or  who  at  the  time  of  making  the  application,  or  proofs 
herein  required  for  said  license,  is  under  the  influence  of  any  in- 
toxicating liquor  or  narcotic  drug.  No  license  must  be  Issued 
authorizing  the  marriage  of  a  white  person  with  a  negro,  mulatto 
or  mongolian;  if  the  male  is  under  the  age  of  twenty-one  years, 
or  the  female  is  under  the  age  of  eighteen  years,  and  such  person 
has  not  been  previously  married.  No  license  must  be  issued  by 
the  county  clerk  unless  the  consent  in  writing  of  the  parents  of 
the  person  under  age,  or  one  of  such  parents,  or  of  his  or  her 
guardian,  is  presented  to  him,  duly  verified  by  such  parents  or 
parent,  or  ^lardian,  and  such  consent  must  be  filed  by  the  clerk, 
and  he  must  state  such  facts  in  the  license. 

Examination  on  Oath. — For  the  purpose  of  ascertaining  all  the 
facts  mentioned  or  required  in  this  section,  the  clerk,  at  the  time 
the  license  is  applied  for,  may,  if  he  deems  it  necessary  in  order 
to  satisfy  himself  as  to  matters  in  this  section  enumerated,  examine 
the  male  applicant  for  a  license  on  oath,  which  examination  shall 
be  reduced  to  writing  by  the  clerk  and  subscribed  by  him:  Cali- 
fornia, Civ.  Code,  sec.  69. 

Certificate  of  Registry  of  Maniage.— All  persons  about  to  be 
joined  in  marriage  must  obtain  from  the  county  clerk  of  the  county 
in  which  the  marriage  is  to  be  celebrated,  in  addition  to  the  license 
therefor  provided  for  in  section  69  of  the  Civil  Code,  a  certificate 
of  registry  as   provided  in   section   3076   of   the   Political    Code, 


S99  Marriage.  Form  2600 

which  shall  contain  among  othei-  matters,  as  near  as  can  be  ascer- 
tained, the  race,  color,  age,  name  and  surname,  birthplace,  resi- 
dence of  the  parties  to  be  married,  number  of  marriage  and  condi- 
tion of  each,  whether  single,  widowed  or  divorced,  the  occupation 
of  the  parties,  maiden  name  of  the  female,  if  previously  married, 
the  names  and  birthplaces  of  the  parents  of  each,  and  the  maiden 
name  of  the  mother  of  each,  which  said  certificate  of  registry  shall 
be  filled  out  as  herein  provided  in  the  presence  of  the  county  clerk 
issuing  the  marriage  license,  and  shall  then  be  presented  to  the 
person  performing  the  ceremony  and  shall  be  filed  by  him  with 
the  county  recorder  within  three  days  after  the  ceremony:  Cali- 
fornia, Civ.  Code,  sec.  69a. 

By  Whom  Marriage  may  be  Celebrated. — Marriage  may  be 
solemnized  by  either  a  justice  of  the  supreme  court,  justice  of  the 
district  courts  of  appeal,  judge  of  the  superior  court,  justice  of  the 
peace,  judge  of  any  police  court,  city  recorder,  priest  or  minister 
of  the  gospel  of  any  denomination :  California,  Civ.  Code,  sec.  70. 

No.  2600.    Marriage  Ceremony. 

Judicial  oflQcer  to  male  applicant: 

"What  is  your  name?"     [Then:] 

To  female  applicant: 

"What  is  your  name?" 

To  both:  "Have  you  a  license?" 

[The  officer  takes  the  license  and  examines  it.  If  it  is  in  proper 
form,  and  if  the  applicants  appear  to  be  legally  competent  to  contract 
a  marriage,  and  if  he  does  not  know  of  any  reason  why  tliey  are  in- 
capable of  making  the  marriage  contract,  he  says  to  the  parties,  "Please 
stand  and  join  hands."  A  ring  is  unnecessary,  but  it  is  customary  to 
ask  if  they  have  one.  If  a  ring  is  produced  the  officer  usually,  at  the 
end  of  the  proceedings,  puts  it  on  the  woman's  finger.  Sometimes  the 
man  jDuts  it  on.] 

The  officer  says  to  the  man: 

"Do  you,  A.  B.  C,  promise  to  take  D.  E.  F.  to  be  your  wife?" 

He  answers:  "I  do." 

Officer:  "Do  you,  D.  E.  F.,  promise  to  take  A.  B.  C.  to  be  your  hus- 
band?"    She  answers:  "I  do." 

Officer:  "Then,  in  the  name  of  the  people  of  the  state  of  California, 
by  authority  of  my  office,  I  pronounce  you  man  and  wife." 

The  officer  then  issues,  signs  and  delivers  a  marriage  certificate  to 
the  woman,  which  the  witnesses,  if  any,  also  sign.  Formerly  the  officer 
concluded  the  ceremony  by  saying:  "What  God  has  united  let  no  man 
part,"  but  now  the  conclusion  is  usually  as  informal  as  the  commence- 
ment. 


Forms  2601-2604        Cowdery's  Form  Book.  900 

No.  2601.    Declaration  of  Marriage  Where  There  is  No  Record. 

,  of  ,  county  of  ,  state  of  ,   aged  years,  and 

residing  at ,  in  the  county  of ,  in  said  state,  and ,  of , 

county  of  ,  state  of ,  aged years,  and  residing  at  ,  in 

the  said  county  and  state,  do  hereby  jointly  and  severally  declare  that 

they,  the  said  and  ,  were  united  in  marriage  on  the  day 

of  ,  19 — ,  at  ,  in  the  county  of  ,  state  of  ,  by  , 

and  that  no  record  of  such  marriage  is  known  to  exist. 

Attest,  ,  ,   and  ,  witnesses.     [There   must  be   at   least 

three  witnesses.] 


[To  be  acknowledged.] 


[Signatures.] 


NOTE.— See  Cal.  Civ.  Code,  sec.  76. 

Declarations   of   marriage   must  be   acknowledged    and   recorded  in  like 
manner  as  grants  of  real  property:  See  Cal.  Civ.  Code,  sec.  77. 

No.  2602.    Answer  Alleging  Marriage  of  Plaintiff. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  That  the  plaintiff  was,  at  the  commencement  of  this  action,  and 

still   is,  the  wife  of  one  ,  who  is  still   living,   at  ,   with   this 

plaintiff. 

2.  That  this  action  does  not  concern  her  separate  property,  nor  her 
right  or  claim  to  a  homestead. 

[Signature.] 

[Verification.] 

No.  2603.    Answer  Alleging  Marriage  of  Defendant. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  at  the  time  of  making  the  agreement  she  was  the  wife  of . 

[Signature.] 

[Verification.] 

No.  2604.    Answer  Alleging  Marriage  of  Defendant. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  That  she  was,  at  the  commencement  of  this  action,  and  still  is, 
the  wife  of ,  who  now  resides  at ,  with  this  defendant. 

2.  That  this  action  does  not  concern  her  separate  property,  nor  her 
right  or  claim  to  the  homestead  property. 

[Signature.] 
[Verification.] 


901  Massachusetts  Trusts.  Form  2610 


MASSACHUSETTS  TRUSTS. 

2610.  Agreement  and  declaration  of  trust. 

2611.  Agreement  and  declaration  of  trust — Another  form. 

No.  2610.    Agreement  and  Declaration  of  Trust. 

Made  by  the  subscribers  this  day  of ,  1917,  for  the  purpose 

of  purchasing  and  conducting  a  certain  bakery  business  hereinafter  de- 
scribed. 

1.  The  trustees  under  this  agreement  are  authorized  as  such  trustees 
to  purchase  from  JVfaiy  Anderson  the  assets  and  goodwill  of  the  bakery 
business  now  conducted  in  the  city  of  San  Francisco  under  the  name 
of  Electric  Bake  Shop.  They  shall  have  and  liold  legal  title  to  the  said 
property  and  to  the  income,  proceeds  and  avails  thereof,  and  shall  have 
the  absolute  control,  management  and  disposition  thereof,  subjeet  only 
to  the  specific  limitations  herein  contained.  The  trustees  shall  have  no 
power  to  bind  the  shareholders  personally,  and  in  every  written  order, 
contract  or  obligation  they  shall  enter  into,  reference  shall  be  made  to 
this  declaration  of  trust,  and  it  shaH  be  stipulated  that  neither  the  trus- 
tees nor  the  shareholders  shall  be  held  to  any  personal  liability  under  or 
by  reason  of  such  order,  contract  or  obligation,  and  the  person  or  coi-po- 
ration  contracting  with  the  trustees  shall  look  to  the  funds  and  property 
of  the  trust  for  the  payment  under  such  order,  contract  or  obligation. 
or  for  the  payment  of  any  debt,  mortgage,  judgment  or  decree,  or  of 
any  money  that  may  otherwise  become  due  or  paj-able  by  reason  of  the 
failure  on  the  part  of  said  trustees  to  perform  such  contracts,  in  whole 
or  in  part,  and  neither  the  trustees  nor  the  shareholders,  present  or 
future,  in  this  trust,  shall  be  personally  liable  therefor. 

2.  The  title  of  the  trustees  shall  be  "Trustees  of  the  Electric  Bake 
Shop,"  and  any  property  conveyed  to  them  under  that  description  shall 
be  held  by  them  in  trust  under  this  agreement. 

3.  The  par  value  of  shares  shall  be  ten  ($10)  dollars,  which  shall 
be  payable  at  such  times  as  the  trustees  may  determine.  The  trustees 
shall  give  receipts  for  installments  on  subscriptions  when  paid,  and  on 
the  payment  of  the  last  installment  they  shall  issue  transferable  certi- 
ficates in  exchange  for  such  receipts,  evidencing  the  percentage  of  bene- 
ficial interest  in  this  trust,  which  shall  correspond  to  the  percentage 
paid  by  each  subscriber  toward  the  total  amount  expended,  including  as 
amount  expended  the  certificates  issued  to  said  Mary  Anderson  in  ex- 
change for  the  assets  and  goodwill  of  the  business  herein  referred  to. 
Such  receipt  and  certificates  shall  be  transferable  only  on  the  books  of 
the  trustee  upon  surrender  thereof,  all  installments  due  having  first  been 
paid,  and  the  acceptance  of  a  receipt  or  certificate  shall  make  the  person 
named  therein  a  party  to  this  agi'eement.  The  term  "shareholder"  used 
in  this  agreement  shall  mean  holder  of  record  of  a  receipt  or  certificate. 

4.  The  death  of  a  shareholder  or  the  trustees  during  the  continuance 
of  this  trust  shall  not  operate  to  determine  the  trust,  nor  shall  it  entitle 
the  legal  representative  of  the  deceased  shareholder  to  an  accounting,  or 


Form  2610  Cowder y  's  Form  Book.  902 

to  take  any  action  in  the  courts,  or  elsewhere,  against  the  trustees  or  the 
other  shareholders ;  but  the  executors,  administrators,  or  assigns  of  any 
deceased  shareholder  shall  succeed  to  the  rights  of  said  decedent  under 
this  trust  upon  the  surrender  of  the  certificate  for  shares  owned  by  him. 
The  ownersjiip  of  shares  hereunder  shall  not  entitle  the  shareholder  to 
any  title  in  or  to  the  trust  property  whatsoever,  or  the  right  to  call  for 
a  partition  or  division  of  the  same.  And  it  is  expressly  declared  and 
agreed  that  the  shareholders  are  cestuis  que  trustent,  and  hold  no  other 
relation  to  the  trustees  than  that  of  cestuis  que  trustent. 

5.  The  trustees  shall  issue  to  Mary  Anderson,  above  referi-ed  to,  cer- 
tificates of  the  face  value  of  twelve  thousand  ($lf,000)  dollars  in  ex- 
change for  the  assets  and  goodwill  of  the  business  heretofore  conducted 
by  her  under  the  name  of  Electric  Bake  Shop. 

6.  Annual  meetings  of  the  shareholders  shall  be  held  on  the  third  Mon- 
day in  October  at  the  office  of  the  trustees  in  San  Francisco,  California, 
at  eleven  o'clock  A.  M.  Meetings  of  the  shareholders  may  be  held  at 
any  time  or  place,  and  without  notice,  when  the  holders  of  all  the  shares 
are  present,  in  person  or  by  proxy,  or  consent  in  writing  to  the  holding 
of  such  meeting.  Other  meetings  of- the  shareholders  shall  be  held  upon 
the  call  of  the  trustees  at  any  time  or  place  in  the  United  States,  notice 
thereof  stating  the  pui-pose,  time  and  place  of  such  meeting  being  mailed 
to  each  shareholder  at  least  ten  (10)  days  prior  to  the  date  of  such  meet-- 
ing,  and  upon  the  written  request  of  the  shareholders  holding  twenty 
per  cent  (20%)  of  the  total  shares,  the  trustees  shall  call  such  meeting, 
to  be  held  in  their  office  in  San  Francisco,  California,  giving  due  notice 
thereof.  At  all  meetings  of  shareholders,  a  majority  of  the  total  amount 
of  shares  shall  be  present,  in  person  or  by  proxy,  in  order  to  constitute 
a  quorum. 

7.  Shareholders  may  vote  by  proxy,  and  upon  all  questions,  except  as 
herein  provided,  a  vote  of  the  majority  of  the  shares  present  in  person 
or  by  proxy  shall  be  sufficient  for  a  decision. 

8.  The  shareholders  may,  at  any  regular  or  special  meeting,  upon  the 
affirmative  vote  of  a  majority  in  amount  of  the  total  shareholding,  re- 
move the  trustees.  In  the  event  of  the  death,  resignation,  incapacity  or 
removal  of  a  trustee,  the  shareholders  may,  at  any  regular  or  special 
meeting,  choose  his  successor  by  an  affirmative  vote  of  a  majority  in 
amount  of  the  total  shareholding. 

9.  This  trust  shall  not  continue  in  any  event  longer  than  the  life  of  the 
last  surviving  subscriber  thereto. 

10.  The  trustees  shall  not  be  required  to  give  bond,  and  shall  be  liable 
only  for  their  own  acts,  and  then  only  for  willful  breach  of  trust.  They 
may  acquire,  own  and  dispose  of  shares  in  this  trust  to  the  same  extent 
as  if  they  were  not  trustees.  They  may  appoint,  at  their  pleasure,  a 
treasurer,  secretary  and  such  other  agents  as  they  may  deem  needful. 
The  treasurer  when  appointed  shall  have  custody  of  the  funds  of  the 
trust  and  shall  perform  such  duties  as  the  trustee  shall  prescribe,  in 
the  manner  prescribed  by  the  trustee.  The  secretary  shall  keep  the 
records  of  the  trust  and  shall  perform  such  duties  as  the  trustees  shall 


903  Massachusetts  Trusts.  Form  2611 

prescribe  and  in  the  manner  prescribed  by  the  trustees.  The  trustees 
shall  be  entitled  to  a  reasonable  compcn^^ation  for  their  services,  and 
shall  be  entitled  to  draw  all  expenses  ineuired  by  them  in  the  administra- 
tion of  this  trust. 

11.  We,  the  subscribers  agree  to  pay  to  the  trustees,  upon  demand, 
from  time  to  time,  our  subscriptions,  indicated  by  the  amount  following 
our  signatures.  The  total  shares  issued  shall  not  exceed  twenty  tliou- 
sand  ($20,000)  dollars  par  value,  including  the  twelve  thousand 
($12,000)  dollars  issued  to  Mary  Anderson  as  hereinabove  provided. 

12.  The  first  trustees  under  this  agreement  shall  be  Mary  Anderson, 
■John  Jones  and  "William  Brown,  all  of  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  who  signify  their  accei^tance  of  the  Trust  by 
subscribing  their  names  hereto. 

,  Trustee. 

Names.  Subscribers.  Percentages. 


No.  2611.    Agreement  and  Declaration  of  Trust — Another  Form. 

This  agreement,  made  this  sixth  day  of  March,  1917,  by  and  between 

,  ,  together  with    their    successors    (herein    designated  as  the 

trustees),  and ,  together  with  his  assigns  (herein  designated  as  the 

subscribers),  witnesseth : 

Whereas,  it  is  proposed  that  the  trustees  shall  acquire  from  the  sub- 
scriber upon  such  terms  and  conditions  as  may  be  agreed  upon,  certain 
property,  and  shall  employ  and  manage  the  same  and  all  other  prop- 
erty which  they  may  hereafter  acquire  as  such  trustees  in  the  manner 
hereinafter  stated;  and  it  is  likewise  proposed  that  the  beneficial  in- 
terest in  the  property,  from  time  to  time  held  by  the  trustees,  and  in 
the  business  conducted  by  them  shall  be  divided  into  shares,  to  be  evi- 
denced by  certificates  therefor,  as  hereinafter  provided : 

Now,  therefore,  the  trustees  hereby  declare  that  they  will  hold  said 
property  to  be  acquired  by  them  as  well  as  all  other  property  which 
they  may  hereafter  acquire  as  such  trustees,  together  with  the  proceeds 
thereof,  in  trust,  to  manage  and  dispose  of  the  same  for  the  benefit  of 
the  holders,  from  time  to  time,  of  the  certificates  of  shares  issued  and 
to  be  issued  bereunder  in  the  manner  and  subject  to  the  stipulations 
herein  contained,  to  wit: 

First.     The  trustees,  in  their  collective  capacity,  shall  be  designated, 

as  far  as  practicable,  as  ,  and  under  that  name  shall,  so  far  as 

practicable,  conduct  all  business  and  execute  all  instruments  in  writing, 
in  the  performance  of  their  trust. 

Second.     The  trustees  shall  be  seven  in  number;  and,  of  the  trustees 

herein  mentioned  by  name,  ,  shall  hold  office  until  the  first  annual 

meeting  of    the    shareholders;  shall    hold    office  until  the  second 

annual  meeting  of  the  shareholders; shall  hold  office  until  the  third 

annual  meeting  of  the  shareholders;  shall   hold    office  until   the 

fourth  annual  meeting  of  the  shareholders;  shall  hold  office  until 


Form  2611  Cowdery's  Form  Book.  904 

the  fifth  annual  meeting  of  the  sharehoklors ;  ■ shall  hold  ofRce  nntil 

the  sixth  annual  meeting  of  the  shareholders;  and shall  hold  office 

until  the  seventh  annual  meeting  of  the  shareholders,  except  that  said 
trustees,  as  well  as  any  trustees  hereafter  elected,  shall  in  all  cases  hold 
office  until  their  successors  have  been  elected,  and  have  accepted  their 
trust. 

The  shareholders  shall,  at  each  annual  meeting,  or  adjournment 
thereof,  elect  a  trustee  to  succeed  the  trustee  whose  term  of  office  expires 
at  such  time,  to  serve  for  the  term  of  seven  years  next  ensuing.  In  case 
of  death,  resignation,  or  inability  to  act  of  any  of  the  said  trustees,  the 
shareholders,  at  a  general  or  special  meeting  called  for  that  purpose, 
shall  fill  any  vacancy  for  the  unexpired  term.  As  soon  as  any  trustee, 
or  trustees,  elected  for  a  regular  term  or  to  fill  a  vacancy  have  accepted 
this  trust,  the  trust  estate  shall  vest  in  the  new  trustee  or  trustees, 
together  with  the  continuing  trustee,  without  any  further  act  or  con- 
versance. 

Upon  the  election  of  any  trustee,  either  for  a  regular  term  or  to  fill 
a  vacancy,  he  shall  forthwith  execute  a  written  acceptance  of  this  trust, 
which,  together  with  a  certificate  of  the  secretary  of  the  election  of  such 
trustee,  shall  be  filed  forthwith  with  the  secretary  of  the  company. 

Third.  The  trustees  are  authorized  to  engage  in  the  business  or  busi- 
nesses : 

(a)  To  buy,  sell,  exchange  and  deal  in  bonds  and  evidences  of  in- 
debtedness of  all  kinds  issued  by  governmental  authorities,  by  commer- 
cial or  industrial  corporations  or  private  individuals,  and  in  the  shares 
of  all  corporations  for  profit  and  in  the  securities  and  evidences  of 
indebtedness  of  all  kinds,  whether  negotiable  or  otherwise,  either  for 
the  account,  benefit  or  risk  of  this  company  or  upon  commission  or  upon 
a  profit  sharing  basis. 

(b)  To  act  as  brokers,  syndicate  manager  and  in  any  relation  proper 
and  expedient  in  placing  issues  of  bonds,  stocks  and  securities  oP  any 
and  every  character;  to  act  as  agents  and  manager  for  the  reoraanization 
purposes  and  to  committees  in  charge  thereof,  to  conduct  reorganizations 
of  corporate  properties  or  organize  corporations  for  the  amount  of  itself 
or  others;  and  to  be  fiscal  agents,  trustees  or  underwriters  in,  or  agents 
for  any  of  the  classes  of  business  transactions  wherein  a  financial  inter- 
mediary or  trustee  is  necessary,  beneficial  or  useful;  to  be  agents  for 
insurance  companies;  to  receive  compensations  for  all  services  which 
it  may  render  in  the  performances  of  any  duties  of  a  fiduciary  or  agency 
character;  and  to  itself  become  interested  as  principal  and  become  the 
beneficiary  as  such  in  any  financial  transactions  wherein  it  desires  to 
become  interested. 

(c)  To  become  trustee  of  and  for  any  issue  of  bonds  or  forms  of 
evidence  of  indebtedness  made  by  any  individual  or  corporation  and  to 
receive,  hold  and  apply  security  by  deed  of  trust  or  indenture  of  mort- 
gage, or  otherwise,  given  to  secure  the  payment  of  said  bonds  or  any 
other  obligations  in  the  nature  of  security  for   indebtedness,  either  by 


905  Massachusetts  Trusts.  Form2ull 

promissory  notes,  bonds,  debentures  or  suretyships  or  liabilities  of  a 
secondary  character  wherein  this  company  may  agree  to  act  as  trustee; 
and  as  such  tinistee  to  accept  all  such  documents  evidencing  the  security 
in  trust,  to  execute  all  of  the  provisions  thereof,  to  certify  am}  deliver 
the  evidences  of  indebtedness  secured  thereby;  to  conduct  foreclosures 
and  generally,  to  do  and  execute  each  act  proper  to  be  done  by  a  trustee 
under  any  such  form  of  transaction. 

(d)  To  deal  in  personal  property  of  every  character;  to  buy,  sell 
and  exchange  real  estate  with  full  power  to  pledge,  mortgage  or  other- 
wise encumber  such  real  and  personal  property. 

(e)  To  acquire  by  purchase,  lease,  or  otherwise,  and  to  hold,  own, 
subdivide,  lease,  mortgage,  encumber,  exchange,  grant,  bargain,  sell  and 
convey  lands  and  every  character  of  real  property;  to  farm,  cultivate, 
develop,  and  in  any  manner  improve  the  same ;  to  lay  out,  plat  and  sub- 
divide lands  into  building  lots,  townsites,  farm  lots,  parks,  streets, 
alleys,  higliways  and  other  subdivisions;  to  engage  generally  in  the  busi- 
ness of  subdividing,  farming,  developing,  improving,  colonizing  and 
selling  lands;  to  reclaim  swamp  and  overfloAved  lands;  to  constr-.iet 
private  reclamation  and  irrigation  works  of  all  kinds;  to  make  entry 
upon  public  lands,  either  of  the  United  States  or  of  the  state  of  Cali- 
fornia, or  of  any  other  state  or  territory;  to  make  applications  for 
patents  therefor  and  to  purchase  and  acquire  such  public  lands;  to  ac- 
quire by  purchase,  or  otherwise,  and  to  construct,  own,  hold  and  maintain 
private  tramways,  telephone  lines,  telegraph  lines,  pipe-lines,  railroad 
lines  and  other  utilities  for  the  development  of  any  lands,  owned  by  tlie 
company;  and  to  have,  possess  and  exercise  all  powers  and.  privileges 
incidental  thereto,  or  convenient  or  necessary  therefor. 

(f)  To  acquire  by  purchase,  development,  appropriation,  or  other- 
wise, and  to  hold,  own,  improve,  lease,  mortgage,  encumber,  control,  sell, 
transfer  and  dispose  of  water  rights  for  agricultural,  domestic  and 
irrigation  purposes,  and  also  all  easements,  rights  of  way  and  privi- 
leges of  whatsoever  nature  pertaining  to  the  acquisition,  use  and  dis- 
position of  the  same;  to  acquire,  construct,  maintain,  operate,  hold,  own, 
control,  lease,  mortgage,  encumber,  sell,  transfer  and  dispose  of  private 
reservoirs,  canals,  ditches,  pumping  plants,  pipe-lines,  flumes,  conduits, 
waterways  and  private  irrigations,  industrial  and  domestic  systems  for 
the  conservation,  storage  and  use  of  water. 

(g)  To  engage  in  the  business  of  raising,  breeding,  selling,  pasturing, 
and  dealing  in  horses,  cattle,  mules,  sheep,  hogs,  poultry  and  livestock 
of  every  kind,  to  pasture  livestock  for  hire,  and  to  deal  in  the  products 
of  livestock. 

(h)  To  maintain  offices  for  the  transaction  of  any  of  the  business  of 
the  company  in  any  state  or  territory  of  the  United  States  or  in  foreign 
countries. 

(i)  To  conduct  the  business  of  acting  as  executor,  administrator  or 
guardian  of  estates,  assigns,  receiver,  depositary,  or  trustee  under  ap- 
pointment of  any  court  or  by  authority  of  any  law  of  this  state  or  of 


Form  2611  Cowdery's  Form  Book.  906 

any  other  state  or  territory  of  the  United  States,  or  as  trustee  for  any 
purpose  permitted  by  law. 

(j)  To  possess  and  exercise  any  and  all  such  additional  powers  as 
are  reasonablj^  imi^lied  from  the  powers  hereinabove  enumerated  and 
such  as  may  be  necessary  or  convenient  in  the  conduct  of  any  business 
or  enterprise  of  the  company. 

To  do  and  perform  everything  necessary,  suitable  or  proper  for  the 
accomplishment  of  any  of  the  purposes  or  the  attainment  of  any  one 
or  more  of  the  objects  herein  enumerated,  or  which  shall  at  any  time 
appear  conducive  to  or  expedient  for  the  protection  or  benefit  of  this 
company,  and  to  do  and  perform  all  other  acts  or  things  necessary  or 
incidental  to  the  purposes  hereinbefore  set  forth,  or  that  may  be  deemed 
necessary  by  the  board  of  trustees  of  this  company,  not  inconsistent 
with  the  laws  of  the  land  appertaining  thereto. 

The  trustees  shall  hold  tlie  legal  title  to  all  property  at  any  time 
belonging  to  this  trust,  and  subject  only  to  the  specific  limitations  herein 
contained,  they  shall  have  the  absolute  control,  management  and  dis- 
position thereof,  and  shall  likewise  have  the  absolute  control  of  the 
conduct  of  all  business  of  the  trust,  and  the  following  enumeration  of 
specific  duties  and  powers  shall,  not  be  construed  in  any  way  as  a 
limitation  upon  the  general  powers  intended  to  be  conferred  upon  them. 

The  trustees  shall  have  authority  to  adopt  and  use  a  common  seal; 
to  make  all  such  contracts  as  they  may  deem  expedient  in  the  conduct 
of  the  business  of  the  trust,  from  time  to  time,  to  release,  sell,  exchange 
or  otherwise  dispose  of,  at  public  or  private  sale,  any  or  all  of  tlie  trust 
property,  whether  real  or  personal,  for  such  prices,  either  in  cash  or 
the  stocks,  shares,  or  securities  of  other  corporations,  trusts  or  associa- 
tions, and  upon  such  terms  as  to  credit  or  otherAvise  as  they  may  deem 
expedient;  to  guarantee  or  assume  the  obligations  of  other  corporations, 
trusts  or  associations,  and  to  enter  into  such  agi'eements  by  way  of 
indemnity  or  otherwise  as  they  may  deem  ex'pedient  in  connection  with 
the  acquisition  of  property  from  the  subscriber,  as  hereinbefore  pro- 
vided, or  otherwise;  to  confer,  by  way  of  substitution,  such  powers  and 
authority  on  the  president,  treasurer,  secretary  and  executive  committee, 
and  other  officers  and  agents  appointed  by  tliera,  as  they  may  deem 
expedient;  to  borrow  money  for  the  purpose  of  the  trust  and  2:ive  the 
obligations  of  the  trust  therefor;  to  loan  any  money  from  time  to  time 
in  the  hands  of  the  trustees,  with  or  without  security,  on  such  terms 
as  they  may  deem  expedient;  to  subscribe  for,  acquire,  own,  sell  or 
otlierwise  dispose  of  such  real  or  personal  property,  including  the  stocks, 
shares  and  securities  of  any  other  corporations,  trusts  or  associations,  as 
they  may  deem  expedient,  in  connection  with  the  purposes  of  the  trust; 
to  vote  in  person  or  proxy  on  all  shares  of  stock  at  any  time  held  by 
them;  and  to  collect  and  receive  the  income,  interest  and  profits  of  any 
such  stock  or  securities;  to  collect,  sue  for,  receive  and  receipt  for  all 
sums  of  money  at  any  time  becoming  due  to  said  trust ;  to  employ  coun- 
sel and  to  begin,  prosecute,  defend  and  settle  suits  at  law,  in  equity 


907  Massachusetts  Trusts.  Form  2611 

or  otherwise,  and  to  compromise  or  refer  to  ailiitratiou  any  claim  in 
favor  of,  or  against  the  trust;  and  in  general  to  do  all  such  matters 
and  things  as  in  their  judgment  will  promote  or  advance  the  business 
which  they  are  authorized  to  carry  on,  although  such  matters  and 
things  may  be  noitlicr  specifically  authorized  nor  incidental  to  such 
matters  or  things  specifically  authorized.  In  addition  to  the  powers 
herein  granted  the  trustees  shall  have  all  powers  with  reference  to  the 
conduct  of  the  business  and  management  of  the  property  of  the  trust 
which  are  possessed  by  the  directors  of  a  cori^oration  under  the  laws  of 
the  state  of  California. 

So  far  as  strangers  to  the  trust  are  concerned,  a  resolution  of  the 
trustees,  authorizing  a  particular  act  to  be  done,  shall  be  conclusive 
evidence  in  favor  of  strangers  that  such  act  is  within  the  power  of  the 
trustees;  and  no  purchaser  from  the  trustees  shall  be  bound  to  see  the 
application  of  the  purchase  money  or  other  consideration  paid  or  deliv- 
ered by  or  for  said  purchaser  to  or  for  the  trustees. 

Fourth.  Stated  meetings  of  the  trustees  shall  be  held  at  least  once 
a  month,  and  other  meetings  shall  be  held  from  time  to  time  upon 
the  call  of  the  president  or  any  three  of  the  trustees.  A  majority  of  the 
trustees  shall  constitute  a  quorum;  and  the  concurrence  of  all  the  trus- 
tees shall  not  be  necessary  to  the  validity  of  any  action  taken  by  them, 
but  the  decision  expressed  by  vote  of  a  majority  of  the  trustees  present 
and  voting  at  any  meeting  shall  be  conclusive. 

The  trustees  may  make,  adopt,  amend,  or  repeal  such  by-laws,  rules 
and  regulations  not  inconsistent  with  the  terms  of  this  instrument  as 
they  may  deem  necessary  or  desirable  for  the  conduct  of  their  business 
and  for  the  government  of  themselves,  their  agents,  servants  and  repre- 
sentatives. 

Fifth.  The  trustees  shall  annually  elect  from  among  their  number 
a  president  and  vice-president,  and  shall  also  elect  from  among  tlicir 
number,  or  otherwise,  a  treasurer,  a  secretary,  and,  in  their  discretion, 
one  or  more  assistant  secretaries  or  treasurers,  and  they  shall  have  au- 
thority to  appoint  such  other  officers,  agents  and  attorney  as  they  may 
deem  necessary  or  expedient  in  the  conduct  of  their  business.  They 
shall  also  have  authority  to  accept  resignations  and  to  fill  any  vacancies 
in  the  offices  appointed  by  them,,  for  the  unexpired  term,  and  shall 
likewise  have  authority  to  elect  temporary  officers  to  serve  during  the 
absence  or  disability  of  regular  officers.  They  may  also,  by  a  majority 
vote  of  all  the  trustees,  remove  any  officer  or  agent  elected  or  appointed 
by  them. 

The  president,  vice-president,  treasurer  and  secretary  sliall  have  the 
authority  and  perform  the  duties  usually  incident  to  those  offices  in  the 
case  of  corporations,  so  far  as  applicable  thereto,  and  shall  have  such 
other  authority  and  perform  such  other  duties  as  may  from  time  to  time 
be  determined  by  the  trustees.  The  trustees  shall  fix  the  compensation, 
if  any,  of  all  officers  and  agents  whom  they  may  elect  or  appoint,  and 
may  also  pay  to  themselves  such  compensation  for  their  services  as  they 
may  deem  reasonable. 


Form  2611  Cowdery's  Form  Book.  908 

The  trustees  may  also  appoint  an  executive  committee  of  one  or  more 
persons,  to  whom  they  may  delegate  such  of  the  powers  herein  conferred 
upon  the  trustees  as  tliej'^  may  deem  expedient. 

The  trustees  shall  cause  to  be  kept  by  the  secretary  elected  by  them 
a  record  of  all  meetings  of  the  shareholders,  trustees  and  executive 
committee,  which  record  shall  be  of  the  same  character  and  effect  as 
that  kept  in.  the  case  of  corporations,  and  so  far  as  strangers  to  the 
trr.st  are  concerned,  shall  be  conclusive  for  the  trustees  of  the  facts 
and  doings  therein  stated. 

The  trustees  shall  not  be  liable  for  any  error  of  judgment  or  for  any 
loss  arising  out  of  any  act  or  omissions  in  the  execution  of  this  trust, 
so  long  as  they  act  in  good  faith,  nor  shall  they  be  personally  liable 
for  the  acts  or  omissions  of  each  other,  or  for  the  acts  or  omissions  of 
any  officer,  agent  or  servant  elected  or  appointed  by  or  acting  for  them ; 
and  they  shall  not  be  obliged  to  give  any  bond  to  secure  the  due  per- 
formance of  this  trust  by  them. 

Any  trustee  may  acquire,  own  and  dispose  of  shares  of  this  trust 
company  to  the  same  extent  as  if  he  were  not  a  trustee. 

Sixth.  The  beneficial  interest  in  this  trust  shall  be  divided  into  ten 
thousand  (10,000)  shares,  of  the  par  value  of  one  hundred  ($100)  dol- 
lars each. 

As  evidence  of  the  ownership  of  said  shares,  the  trustees  shall  cause 
to  be  issued  to  each  shareholder  a  negotiable  certificate  or  certificates, 
to  be  signed  by  the  president  or  vice-president  and  attested  by  any  sec- 
retary or  assistant  secretary,  which  certificate  shall  be  in  the  form  fol- 
lowing, to  wit: 


Not  Subject  to  Assessments. 
No. Shares. 

This  certifies  that  is  the  holder  of  •  shares  in  ,  which 

are  held  subject  to  an  agreement  and  declaration  of  trust,  dated  , 

a  duplicate  original  of  which  is  on  file  at  the  offices  of  the  company  in 
Los  Angeles,  California,  and  is  hereby  referred  to  and  made  a  part  of 
this  certificate. 

The  sliares  of are  of  the  par  value  of  one  hundred  dollars  each 

and  are  ten  thousand  in  number. 

No  transfer  hereof  will  be  of  any  effect  as  regards  until  this 

certificate  has  been  surrendered  and  the  transfer  recorded  upon  their 
books. 

In  witness  whereof,  the  trustees  under  said  agreement  and  declaration 

of  trust  herein  designated  as  ,  have  caused  this  certificate  to  be 

executed  in  their  name  and  behalf  by  their  President  and  attested  by 
their  Secretary,  this day  of ,  19 — .  

By ! 


President. 
Attest:  By , 

Secretary. 


909  Massachusetts  Trusts.  Form  2611 

[Ou  reverse  side:] 

For  value  received,  hereby  sell,  assign  and  transfer  unto  , 

• shares  of ,  re2H"csented  by  the  within  certificate,  and  do  hereby 

irrevocably  constitute  and  appoint  attorney,  to  transfer  the  said 

shares  on  the  books  of  the  within  named  company,  with  full  power  of 
substitution  in  the  premises. 

Witness  hand  this  day  of 19 — . 

In  i^rcsence  of: . 


Seventh.  The  shares  hereunder  shall  be  transferable  by  an  appro- 
priate instrument  in  writing  and  upon  the  surrender  of  the  certificate 
therefor,  but  no  such  transfer  shall  be  of  any  effect  as  regards  the  trus- 
tees until  it  has  been  recorded  upon  the  books  of  the  trustees  kept  for 
that  purpose. 

Eighth.  The  trustees  covenant  and  agree  to  and  do  hereby  grant  to 
the  subscriber  or  his  assigns  an  option  to  purchase  at  par  fifty-one  per 
cent  (51%)  of  the  entire  beneficial  interest  of  this  trust,  in  payment  for 
and  as  evidence  of  their  ownership  of  the  goodwill  of  the  mortgage  busi- 
ness heretofore  conducted  by  the  subscriber. 

Ninth.  For  any  of  the  purposes  of  the  trust  the  number  of  shares  may 
from  time  to  time,  with  the  consent  of  the  holders  of  not  less'  than  two- 
thirds  of  such  of  the  shares  as  are  represented  and  voted  upon  at  any 
meeting  called  for  that  purpose,  but  not  otherwise,  be  increased  or  re- 
duced. In  case  the  number  of  shares  is  increased,  the  additional  shares 
shall  be  issued  and  disposed  of  upon  such  terms  and  in  such  manner  as 
the  shareholders  at  such  meeting  may  determine. 

Tenth.  In  case  of  the  loss  or  destruction  of  any  certificate  for  shares, 
the  trustees  may,  under  such  conditions  as  they  may  deem  expedient, 
issue  a  new  certificate  or  certificates  in  place  of  the  one  lost  or  destroyed. 

Eleventh.  The  trustees  may  from  time  to  time  declare  and  pay  divi- 
dends out  of  the  net  earnings  from  time  to  time  received  by  them,  but 
the  amount  of  such  dividends  and  the  payment  of  them  shall  be  wholly 
in  the  discretion  of  the  trustees. 

Twelfth.  The  fiscal  year  of  the  trustees  shall  begin  on  the  first  day  of 
January  of  each  year. 

Annual  meetings  for  the  election  of  the  trustees  and  for  the  trans- 
action of  other  business  shall  be  held  in  Los  Angeles  on  the  first  Tues- 
day in  January  in  each  year,  beginning  with  the  year  1917,  of  which 
meetings  notice  shall  be  given  by  the  secretary  by  mailing  such  notice 
to  each  shareholder  at  his  registered  address  at  least  ten  days  before  said 
meetings. 

Special  meetings  of  the  shareholders  may  be  called  at  any  time  upon 
ten  days'  notice,  given  as  above  stated,  when  ordered  by  thie  president  or 
a  majority  of  the  trustees. 

At  all  meetings  of  the  shareholders,  each  holder  of  shares  shall  be 
entitled  to  one  vote  for  each  share  held  by  him ;  and  shall  have  the  right 
of  cumulative  voting  as  provided  by  the  law;  and  any  shareholder  may 
vote  by  proxy. 


Form  2611  Cowdery  's  Form  Book.  910 

No  business  shall  be  transacted  at  any  special  meeting  of  the  share- 
holders unless  notice  of  such  business  shall  have  been  given  in  the  call 
for  the  meeting.  No  business,  except  to  adjourn,  shall  be  transacted  at 
any  meeting  of  the  shareholders  unless  the  holders  of  a  majority  of  all 
shares  outstanding  are  present  in  person  or  by  proxy. 

Thirteenth.  Shares  hereunder  shall  be  personal  property,  giving  only 
the  rights  in  this  instrument,  and  in  the  certificates  thereof  specifically 
set  forth.  The  death  of  a  shareholder  during  the  continuance  of  the 
trust  shall  not  operate  to  determine  this  trust,  nor  shall  it  entitle  the 
representative  of  the  deceased  shareholder  to  an  accounting  or  to  take 
any  action  in  the  courts  or  elsewhere  against  the  trustee ;  but  the  execu- 
tors, administrators  or  assigns  of  the  deceased  shareholder  shall  succeed 
to  the  rights  of  said  decedent  under  this  trust,  ujjon  the  surrender  of  the 
certificate  of  shares  owned  by  them. 

Fourteenth.  The  trustee  shall  have  no  power  to  bind  the  shareholders 
personally,  or  to  call  upon  them  for  the  payment  of  any  sum  of  money 
or  any  sum  whatever,  other  than  such  sums  as  they  may  at  any  time 
personally  agree  to  pay  by  way  of  subscription  to  new  shares,  or  other- 
wise. All  persons  or  coiporations  extending  credit  to,  contracting  with, 
or  having  any  claim  against  the  trustees,  shall  look  only  to  the  funds  and 
property  of  the  trust  for  the  payment  of  such  contract  or  claim,  or  for 
the  paj'^ment  of  any  debt,  damage,  judgment  or  decree,  or  of  any  money 
that  may  otherwise  become  due  or  payable  to  them  from  the  trustees 
so  that  neither  the  trustees,  shareholders  nor  officers,  present  or  future, 
shall  be  personally  liable  therefor. 

In  every  written  order,  contract  or  obligation  which  the  trustees,  or 
officers  shall  give,  authorize  or  enter  into,  it  shall  be  the  duty  of  the 
trustees  and  officers  to  stipulate,  or  cause  to  be  stipulated,  that  neither 
the  trustees,  officers  nor  shareholders  shall  be  held  to  any  personal  liabil- 
ity under  or  by  reason  of  such  order,  contract  or  obligation. 

It  is  further  expressly  agreed  that  in  case  any  trustee,  officer  or  share- 
holder shall  at  any  time,  for  any  reason,  be  held  to  or  be  mader  any 
personal  liability  as  such  trustee,  officer  or  shareholder,  not  due  to  his 
acts  in  bad  faith,  then  such  trustee,  officer  or  shareholder,  shall  be  held 
harmless  and  indemnified  out  of  the  trust  estate  from  and  of  all  loss, 
cost,  damage  or  expense  by  reason  of  such  liability;  and  if  at  any  time 
the  trust  estate  shall  be  insufficient  to  provide  such  indemnity  and  to 
satisfy  all  liabilities  of,  and  claims  under  it,  then  the  trust  estate  shall, 
in  preference  and  priority  over  any  and  all  other  claims  or  liens  whatso- 
ever, except  mortgages,  and  except  as  otherwise  expressly  provided  by 
law,  be  applied  first  to  the  indemnification  of  the  trustees  from  any  loss, 
co^ts,  damage  or  expense  in  connection  witli  any  personal  liability  whicli 
they  may  be  under  or  have  incuiTed  except  as  aforesaid ;  next,  to  the 
indemnification  of  the  officers,  and  thereafter  to  the  indemnification  in 
like  manner  of  the  shareholders. 

Fifteenth.  This  aforesaid  trust  shall  continue  for  the  term  of  twenty- 
five  years  or  terminate  sooner  if  the  last  survivor  of  the  beneficiaries 
whose  names  are  signed  hereto  shall  die  before  the  expiration  of  saitl 


911      Materialman's  Lien — Memorandum  op  Costs.    Form  2G11 

twenty-five  years,  and  in  no  case  shall  this  trust  continue  beyond  the 
life  of  the  said  last  survivor,  at  which  time  the  then  trustees  shall  pro- 
ceed to  wind  up  its  affairs,  liquidate  its  assets  and  distribute  the  same 
among-  the  shareholders ;  for  the  purpose  of  winding  up  their  affairs  and 
liquidating  tliis  trust  the  then  trustees  shall  continue  in  office  until  such 
duties  have  been  performed. 

Sixteenth.  This  Agreement  and  Declaration  of  Trust  may  be  amended 
or  altered  in  any  particular  whatsoever,  except  as  regards  the  exemption 
from  personal  liability  of  the  trustees,  officers  and  shareholders,  at  any 
annual  or  special  meeting  of  the  shareholders,  with  the  consent  of  the 
holders  of  at  least  two-thirds  of  the  shares  then  outstanding,  provided 
notice  of  the  proposed  amendment  or  alteration  shall  be  in  the  call  for 
the  meeting,  and  in  case  of  such  alteration  or  amendment  the  same  shall 
be  attached  and  made  a  part  of  this  agreement,  and  a  copy  thereof  shall 
be  filed  in  the  office  of  the  company. 

Nothing  in  this  article  contained  shall  in  any  way  be  construed  to 
limit  the  power  to  increase  or  reduce  the  number  of  shares  as  provided 
in  the  ninth  article  hereof. 

Seventeenth.  A  duplicate  original  of  this  Agreement  and  Declaration 
of  Trust  shall  be  filed  in  the  office  of  the  company. 

Eighteenth.  The  trustees  from  time  to  time  shall  determine  whether, 
and  to  what  extent,  and  at  what  time  and  places,  and  under  what  condi- 
tions and  regiilations,  the  accounts  and  books  of  the  trustees  shall  be 
open  to  the  inspection  of  the  shareholders,  and  no  shareholder  shall 
have  any  right  to  inspect  any  account  or  book  or  document  of  the 
trustees  except  as  authorized  by  the  trustees  or  by  resolution  of  the 
shareholders. 

In  witness  whereof,  the  said  ,  ,  ,  trustees  hereinbefore 

mentioned,  have  hereunto  set  their  hands  in  token  of  their  acceptance  of 
the  trust  hereinbefore  mentioned,  for  themselves  and  their  successors, 

and  the  said has  hereunto  set  his  hand  in  token  of  his  assent  to  the 

approval  of  said  terms  of  trust,  for  himself  and  his  assigns,  the  day  and 

year  first  above  written. 

Trustees : 


Subscriber: 


MATERIALMAN'S  LIEN. 

See  Lien. 

McENERNEY  ACT. 

See  Restoration  of  Titles. 

MEMORANDUM  OF  COSTS. 

Mentoranamn  of  Costs,  No.  1358. 


Form  2620  Cowdery's  Form  Book.  912 


MINING. 

2620.  Notice  of  location  of  placer  claim. 

2621.  Notice  of  location  of  oil  claim. 

2622.  Notice  of  location  of  lode  claim. 

2623.  Affidavit  of  locators  of  lode  claim — Idaho. 

2624.  Affidavit  of  annual  work  and  improvements. 

2625.  Application  to  United  States  surveyor-general  for  survey  of  mining 

claim. 

2626.  Estimate  of  United  States  surveyor-general  for  office  work  for  mining 

claim. 

2627.  Certificate  of  identity  of  claim. 

2628.  Application  for  patent. 

2629.  Notice  of  application  for  a  United  States  patent  for  mining  claim. 

2630.  Proof  of  posting  notice  and  diagram  on  mining  claim. 

2631.  Affidavit  of  five  hundred  dollars  improvements. 

2632.  Proof  of  labor. 

2633.  Agreement  of  publisher. 

2634.  Power  of  attorney  to  make  application  for  entry  of  government  land. 

2635.  Proof  of  ownership  and  possession  in  case  of  loss   or  absence  of 

mining  records. 

2636.  Nonmineral  affidavit  (to  be  used  in  case  of  a  mill  site). 

2637.  Proof  that  no  known  veins  exist  in  a  placer  mining  claim. 

2638.  Notice  of  application  for  a  patent  for  lode  claim. 

2639.  Proof  of  publication  on  application  for  mining  patent. 

2640.  Proof  that  plat  and  notice  remained  posted  on  claim  during  time  of 

publication. 

2641.  Statement  of  fees  and  charges  on  application  for  mining  patent. 

2642.  Register's   certificate   of   posting  notice   of   application   for   mining 

patent. 

2643.  Certificate  on  application  for  mining  patent  that  no  suit  is  pending. 

2644.  Protest  and  adverse  claim  on  application  for  mining  patent. 

2645.  Notice  to  co-owner  of  naine  to  contribute. 

CROSS-REFERENCES. 
Mining  Claim,  Lease  of,  No.  2409. 

No.  2620.    Notice  of  Location  of  Placer  Claim. 

Notice  is  hereby  given,  to  all  whom  it  may  concern,  that  wc,  the 
undersigned,  citizens  of  the  United  States  of  America,  over  the  age  of 
twenty-one  years,  have  this  day  located  under  the  Revised  Statutes  of 
the  United  States  of  America,  chapter  6,  title  32,  the  following  de- 
scribed placer  mining  ground,  viz.  [description],  situated  in  Howland 
"Flat  Mining  District,  county  of  Sierra,  state  of  California. 

This  claim  shall  be  known  as  the  T.  H.  Placer  Mining  Claim,  and 
we  intend  to  work  the  same  in  accordance  with  the  local  customs  and 
rules  of  miners  in  said  mining  district. 

Dated  on  the  ground  this  third  day  of  May,  A.  D.  1917. 

A.  B. 
C.  D. 

NOTE. — A  person  or  association  of  persons  claiming  under  regular  loca- 
tion a  lode  or  quartz  mine,  or  a  placer  claim  upon  unsurveyed  land,  and 
desiring  to  obtain  title  thereto  from  the  United  States,  should  first  make 


913  MiNiNa.  Forms  2621, 2622 

api)]icatioii  to  the  Ujiitod  States  surveyor-general  for  the  state  or  territory 
within  which  the  claim  is  located  for  a  survey  thereof. 

If  on  surveyed  land,  describe  the  legal  subdivisions.  If  upon  unsurveyed 
land,  describe  as  accurately  as  possible  by  courses  and  distances. 

No.  2621.    Notice  of  Location  of  Oil  Claim. 

Notice  is  hereby  given  that  I,  the  undersigned,  a  citizen  of  the  United 
States,  have  made  a  discovery  of  oil  in  paying  quantities  on  the  ground 
where  this  notice  is  posted,  and  liave,  by  right  of  such  discovery,  this 
day  located,  under  the  Revised  Statutes  of  the  United  States  of  Amer- 
ica, chapter  6,  title  32,  and  for  placer  mining  purposes,  the  following 

described   placer  mining  ground,   namely:   ,  situated   in   the  

mining  district,   county   of  ,   state   of  ,   consisting   of   twenty 

acres. 

This  claim  shall  be  known  as  the  oil  claim,  and  I  intend  to 

work  and  hold  the  same  in  accordance  with  the  local  customs  and  rules 
of  miners,  and  the  mining  statutes  of  the  United  States. 

The  date  of  said  discovery  and  the  date  of  this  location  is  the  

day  of ,  19 — . 

[Signature.] 

Attest,  and . 

NOTE. — This  is  the  maximum  amount  that  each  individual  can  locate 
under  the  United  States  mining  act  of  May  10,  1872  (U.  S.  Rev.  Stats.,  sec. 
2320;  5  Fed.  Stats.  Ann.,  p.  8);  it  may  be  less. 

No.  2622.    Notice  of  Location  of  Lode  Claim. 

Notice  is  hereby  given  that  the  undersigned,  and  ,  citizens 

of  the  United  States,  having  discovered  a  vein  or  lode  of  quartz,  or 
rock  in  place,  bearing  gold,  within  the  limits  of  the  claim  hereby 
located,  have  this  day,  under  and  in  accordance  with  the  Revised  Stat- 
utes of  the  United  States,  chapter  6,  title  32,  and  legislation  supple- 
mental thereto,  located  fifteen  hundred  (1500)  linear  feet  of  this  vein 
or  lode,  claiming  seven  hundred  and  fifty  (750)  linear  feet  running 
north  from  this  notice  at  the  discovery  or  prospect  shaft  upon  the  said 
claim,  and  seven  hundred  and  fifty  (750)  feet  along  and  upon  said 
vein  running  south  from  said  point  of  discovery,  and  three  hundred 
(300)  feet  in  width  on  each  side  of  the  center  of  said  lode  or  vein. 

Tliis  claim  is  situated  in  the  mining  district,  county  of  , 

state  of ,  and  is  known  as  the  lode  mining  claim,  the  exterior 

boundary  lines  of  whicli  are  distinctly  marked  bj'  reference  to  some 
natural   objects  or  permanent  monuments,   and  are  more  particularly 

described  as  follows,  to  wit:  .     And  we  intend  to  liold  and  work 

said  claim  as  provided  by  the  local  customs  and  rules  of  miners,  and 
the  mining  statutes  of  the  United  States. 

Form  Book — 58 


Forms  2623, 2624        Cowdeey's  Form  Book.  911 

The  date  of  said  discovery  and  the  date  of  this  location  is  the 

day  of ,  19 — . 

,  [Signatures.] 

Attest, and . 

NOTE. — Describe  the  claim  as  accurately  as  possible  (by  courses  and. 
distances)  with  reference  to  some  natural  object  or  permanent  monument, 
and  mark  the  boundaries  by  suitable  monuments. 

Record  of  location  notices,  in  absence  of  a  district  recorder,  should  be 
made  with  the  proper  recorder  of  deeds  for  the  county  wherein  the  claim 
is  situated.  It  is  advisable  to  have  these  notices  attested  by  at  least  two 
witnesses,  for  locators  cannot  be  too  careful  about  their  evidence.  In 
relocations  to  increase  width  of  surface  ground  under  the  local  law,  or  to 
more  particularly  identify  or  describe  the  claim,  use  the  above  form,  but 
state  after  the  description  that  it  is  a  relocation;  and  also  state  where 
the  original  location  is  recorded,  in  order  that  the  title  may  revert  back 
to  the  original  discovery.  In  locations  of  abandoned  mines,  the  fact  that 
it  is  such  a  location  should  be  stated,  and  the  aflBdavits  of  two  or  more 
respectable  parties  that  such  mine  was  abandoned  and  subject  to  relocation 
should  be  recorded  with  the  location  notice. 

No  quartz  claim  can  be  legally  located  until  a  vein  or  lode  has  been  first 
discovered.  This  should  be  done  by  sinking  a  prospect  or  discovery  shaft. 
The  exterior  boundaries  of  the  claim  must  be  distinctly  marked  by  per* 
manent  stakes,  or  monuments  placed  at  the  corners  of  the  claim.  The  notice 
should  be  posted  at  the  discovery  shaft,  and  a  copy  of  the  same  recorded 
within  twenty  days  after  the  location.  In  all  cases  where  practicable,  the 
location  should  be  made  under  a  survey  by  a  qualified  deputy  surveyor. 

No.  2623,    Affidavit  of  Locators  of  Lode  Claim— Idaho. 

State  of , 

County  of ,  ss. 

I,  ,  do  solemnly  swear  that  I  am  a  citizen  of  the  United  States 

of  America,  and  that  I  am  acquainted  with  the  mining  ground  .described 

in  this  notice  of  location,  and  herewith  called  the  ledge,  lode,  or 

claim;  that  the  gi-ound  and  claim  therein  described  has  not,  nor  has 

any  part  thereof,  to  the  best  of  my  knowledge  and  belief,  been  located 

according  to  the  laws  of  the  United  States  and  of  this  state,  or  if  so 

located,  that  the  same  has  been  abandoned  or  forfeited  by  reason  of 

the  failure  of  such  former  locators  to  comply  in  respect  thereto  with 

the  requirements  of  said  laws;  and  that  I  have  opened  new  groaud 

to  the  extent  or  depth  of feet,  as  required  by  the  laws  of . 

[Signature.] 

Subscribed  and  sworn  to  [etc.].  ^^^  •  ,     •       .        -, 

[OflBcial  signature.] 

NOTE.— See  Idaho  Rev.  Codes  1907,  sec.  3216. 

No.  2624.    Affidavit  of  Annual  Work  and  Improvements. 

State  of , 

County  of ,  88. 

,  being  duly  sworn,  deposes  and  says  that  he  is  a  citizen  of  the 

United  States,  and  more  than  twenty-one  years  of  age,  resides  at , 


915  Mining.  Form  2625 

in  county,  state,  and  is  personally  acquainted  witli  the  min- 
ing claim  known  as   the  mining  claim,   situated   in  mining 

district,  state,   the   location  notice   of   which   is   recorded   in   tlie 

office  of  the  county  recorder  of  said  count}',  in  book  of  records 

of  mines,  at  page  ;  and  that  between  the  day  of  ,  19 — , 

and  the day  of ,  19 — ,  at  least dollars'  ($ )  v/orth  of 

work  and  improvements  were  done  and  performed  upon  said  claim,  not 
including  the  location  work  of  said  claim.  Such  work  and  improve- 
ments were  made  by  and  at  the  expense  of  ,  owner  of  said  claim, 

for  the  purpose  of  complying  with  the  laws  of  the  United  States  per- 
taining to  assessments  of  annual  work,  and  and  were  the 

men  employed  by  said  owner,  and  who  labored  upon  said  claim,  and 
did    said  work    and    improvements, — the    same    being   as   follows,   to 

wit:  . 

[Signature.] 

Subscribed  and  sworn  to  before  me  this  day  of ,  19 — . 

[Notarial  Seal]  ,  Notary  Public. 

My  commission  as  notary  public  expires  on  the day  of ,  19 — , 

NOTE.— Arizona,  Rev.  Stats.  1913,  par.  4035;  Colorado,  Mill's  Ann.  Stats. 
1912,  sec.  4879;  Idaho,  Eev.  Codes  1907,  sec.  3211. 

In  Idaho,  the  affidavit  must  also  show  that  all  stakes,  monuments  or  trees 
marking  boundaries  of  said  claim  are  in  proper  place  and  positions.  The 
mining  laws  of  the  United  States  require  at  least  one  hundred  dollars'  worth 
of  work  to  be  done  each  year  on  a  placer  claim  to  hold  it,  and  an  affidavit 
must  be  made  and  filed  showing  that  such  work  has  been  done:  See  U.  S. 
Bev.  Stats.,  sec.  2324;  5  Fed.  Stats.  Ann.,  pp.  19,  26. 

No.  2625.    Application  to  United  States  Surveyor-general  for  Survey 

of  Mining  Claim. 
To  H.  W.,  U.  S.  Surveyor-general  for  California: 

Sir:  In  compliance  with  the  provisions  of  the  Revised  Statutes  of 
the  United  States,  chapter  6,  title  32,  and  instructions  issued  tliere- 
under,  I  herewith  make  application  for  an  official  survey  of  the  mining 
claim  known  as  the  Slickens  Mine,  claimed  by  me,  located  in  Long 
Bridge  Mining  District,  in  the  county  of  Sierra,  township  No.  9,  range 
No.  'Zl  east,  Mount  Diablo  base  and  meridian,  in  the  state  of  California, 
mentioned  and  described  in  the  annexed  record  of  location;  and  I  re- 
quest that  you  will  send  to  my  address  an  estimate  of  the  amount  to 
be  deposited  for  the  work  to  be  done  in  your  office;  and  after  such 
deposit  shall  have  been  made,  you  will  cause  the  said  mining  claim  to 
be  surveyed  by  J.  J.,  U.  S.  Deputy  Mineral  Surveyor,  and  will  make 
a  plat  thereof,  indorsed  with  your  approval,  designating  the  number 
and  description  of  the  location,  and  the  value  of  the  labor  and  improve- 
ments made  by  the  locator  or  his  grantees  on  said  mining  claim;  and 


Form  2626  Cowdery's  Foem  Book.  916 

tliat  you  will  transmit  duplicate  copies  of  said  plat  to  applicant,  with 
a  certified  copy  of  the  field-notes  of  survey  of  said  mining  claim. 

The  expenses  of  office  work  are  herewith  tendered,  and  request  that 
prompt  action  be  taken  therein. 

[Dated.]  A.  B. 

NOTE. — If  the  applicant  is  not  in  actual  possession  of  the  ground,  an 
affidavit  stating  how  he  was  dispossessed,  when  he  was  last  in  possession, 
and  what  adverse  claims  there  are,  should  be  filed.  This  affidavit  should 
state  all  the  material  facts  and  circumstances. 

The  surveyor-general  will  furnish  the  applicant  with  an  estimate  of 
the  expenses  for  the  office  work,  covering  the  items  set  forth  in  Form  394, 
and  the  required  deposit  having  been  made,  will  direct  a  United  States 
deputy  mineral  surveyor  to  make  the  survey. 

No.  2626.    Estimate  of  United  States  Surveyor-general  for  Oface  Work 
for  Mining  Claim. 

U.  S.  Surveyor-general's  Office, 
San  Francisco,  May  20,  1917. 
To  H.  H.,  Downieville,  Sierra  County,  California: 

I  have  received  your  application,  dated  May  17,  1917,  made  under 
the  provisions  of  chapter  6,  Revised  Statutes  of  the  United  States,  for 
a  survey  of  the  mining  claim  known  as  the  Slickens  Mine,  claimed  by 
you,  located  in  Long  Bridge  Mining  District,  in  the  county  of  Sierra, 
township  No.  9,  range  No.  27  east.  Mount  Diablo  base  and  meridian, 
in  the  state  of  California;  also  for  an  estimate  of  the  expenses  of  the 
office  work  required  to  be  done  in  this  office. 

In  reply,  I  herewith  furnish  an  estimate  of  the  amount  to  be  paid 
for  such  office  work,  viz.: 

Stationery $  5.00 

Examination  of  the  original  field-notes 10.00 

Protraction  of  the  original  plat 10.00 

IMaking  duplicate  and  triplicate  plats  for  claimant 30.00 

Transcription  of  the  original  field-notes  for  claimant 20.00 

Preparing  diagrams  for  the  general  and  local  land  offices 20.00 

Total $95.00 

The  said  amount  must  be  deposited  with  the  U.  S.  Assistant  Treas- 
urer in  San  Francisco,  and  his  certificate,  in  triplicate,  taken  therefor, 
and  sent  to  this  office;  one  to  be  transmitted  to  the  Commissioner  of  the 
General  Land  Office,  and  one  to  the  Treasurer  of  the  United  States, 
and  the  other  to  be  forwarded  to  you. 

Upon  the  filing  of  said  certificate,  in  duplicate,  in  this  office,  I  will 
at  once  authorize  the  survey  of  said  mining  claim  by  a  United  States 
Deputy  Mineral  Surveyor. 


917  Mining.  Forms  2627, 2628 

After  the  survey  and  office  work  have  been  completed,  I  will  trans- 
mit to  your  address  two  certified  plats  of  said  mining  claim,  and  a 
certified  transcript  of  the  field-notes  for  your  use. 

A.  B. 

No.  2627.    Certificate  of  Identity  of  Claim. 

State  of  Utah, 

County  of  Salt  Lake, — ss. 

J.  B.  and  J.  S.,  of  lawful  age,  each  for  himself,  and  not  one  for  the 
other,  being  first  duly  sworn  according  to  law,  deposes  and  says  that 
he  is  a  citizen  of  the  United  States;  that  he  is  well  acquainted  with 
the  Slum  Mining  Claim,  situated  in  Slum  Gulch  Mining  District,  county 
and  territory  aforesaid,  for  which  B,  Y.,  Jr.,  made  application  for 
patent,  under  the  provisions  of  an  act  of  Congress,  approved  May  10, 
1903;  that  he  is  not  interested  in  the  aforesaid  mining  claim,  either 
directly  or  indirectly;  that  he  was  present  on  the  first  day  of  April, 
1917,  on  the  ground  of  said  mining  claim;  and  that  the  survey  of  said 
mining  claim,  made  on  that  date,  by  J.  J.,  surveyor,  embraces  the  iden- 
tical ground  originally  claimed  by  its  locators;  and,  further,  that  the 
initial  point  of  discovery  of  said  lode,  or  mining  claim,  from  which  said 
survey  has  been  made  by  the  said  surveyor,  is  the  same  place  where  the 
notice  of  said  lode,  or  mining  claim,  originally  was  posted. 

J.  B. 

J.  S. 
Subscribed  and  sworn  to  before  me,  this  second  day  of  May,  1917, 
and  I  hereby  certify  that  I  consider  the  above  deponents  credible  and 
reliable  witnesses. 

[Signature.] 

NOTE. — After  the  survey  has  been  duly  made,  the  field-notes  of  survey 
and  plat  thereof  returned,  and  tlie  whole  approved  by  the  surveyor-general, 
the  party  may  then  make  application  to  the  register  and  receiver  for  the 
land  district  within  which  the  claim  is  located,  for  a  patent. 

No.  2628.    Application  for  Patent. 

State  of  Calilornia, 
County  of  Butte, — ss. 

Application  for  Patent  for  the  Slime  Mining  District. 
To  the  Register  and  Receiver  of  the  United  States  Land  Office,  at  San 
Francisco,  State  of  California: 
W.  H.  P.,  being  duly  sworn  according  to  law,  deposes  and  says,  that 
in  virtue  of  a  compliance  with  the  mining  rules,  regulations  and  cus- 
toms by  himself,  the  said  P.,  and  his  co-claimants,  who  are  applicants 
for  patent  herein,  has  become  the  owner  of,  and  is  in  the  actual,  quiet 
and  undisturbed  possession  of  three  thousand  linear  feet  of  the  vein, 


Form  2629  Cowdery's  Form  Book.  918 

lode,  or  mineral  deposit,  together  with  surface  ground  three  hundred 
feet  in  width,  for  the  convenient  working  thereof,  as  allowed  by  local 
rules  and  customs  of  miners,  said  mineral  claim,  vein,  lode  or  deposit 
and  surface  ground  being  situated  in  the  Red  Dog  Mining  District, 
county  of  Butte,  and  state  of  California,  and  being  more  particularly 
set  forth  and  described  in  the  official  field-notes  of  survey  thereof, 
hereto  attached,  dated  the  first  day  of  April,  1917,  and  in  the  official 
plat  of  said  survey,  now  posted  conspicuously  upon  said  mining  claim 
or  premises,  a  copy  of  which  is  filed  herewith.  Deponent  further  states 
that  the  facts  relative  to  the  right  of  possession  of  himself  (and  his 
said  co-claimants  hereinbefore  named)  to  said  mining  claim,  vein,  lode 
or  deposit  and  surface  gi'ound,  so  surveyed  and  platted,  are  substan- 
tially as  follows,  to  wit:  [Give  full  description  of  claim,  from  whom, 
and  the  manner  in  which  title  was  derived.]  Which  will  more  fully 
appear  by  reference  to  the  copy  of  the  original  record  of  location  here- 
tofore furnished,  and  the  abstract  of  title  hereto  attached  and  made 
a  part  of  this  affidavit;  the  value  of  the  labor  done,  and  the  improve- 
ments made  upon  said  claim  by  himself  and  his  grantors  being  equal 
to  the  sum  of  five  hundred  dollars,  and  said  improvements  consist  of 
[described  in  detail].  In  consideration  of  which  facts,  and  in  conform- 
ity with  the  provisions  of  chapter  6,  of  title  32,  of  the  Revised  Statutes 
of  the  United  States,  application  is  hereby  made  for  and  in  behalf 
of  said  W.  H.  P.  for  a  patent  from  the  government  of  the  United  States, 
for  the  said  Slime  Mining  Claim,  vein,  lode,  deposit,  and  the  surface 
ground  so  officially  surveyed  and  platted. 

W.  H.  P. 
Subscribed  and  sworn  to  before  me,  this  first  day  of  November, 
1917,  and  I  hereby  certify  that  I  consider  the  above  deponent  a  cred- 
ible and  reliable  person,  and  that  the  foregoing  affidavit,  to  which  was 
attached  the  field-notes  of  survey  of  the  Slime  Mining  Claim,  was  read 
and  examined  by  him  before  his  signature  was  affixed  thereto  and  the 
oath  made  by  him. 

[Signature.] 
[The  above  is  slightly  changed  in  appljang  to  placer  mines.] 

NOTE. — Under  the  provisions  of  section  1  of  the  act  of  Congress  of 
January  22,  1880,  this  application  msy  be  made  by  an  agent,  when  the 
claimant  for  patent  is  not  a  resident  of  or  within  the  land  district. 

The  applicant  should  immediately  cause  to  be  posted,  in  a  conspicuous 
place  upon  the  mining  claim,  the  following  notice: 

No.  2629.    Notice  of  Application  for  a  United  States  Patent  for  Mining 

Claim. 

Notice  is   hereby  given   that  in   ptursuance  of    the   act   of    Congress 

approved  May  10,  1903,  "To  promote  the  development  of  the  mining 

resources  of  the  United  States,"  S.  L.  and  G.  M.,  claiming  three  thou- 


919  Mining.  Form  2630 

sand  linear  feet  of  the  vein,  lode,  or  mineral  deposit,  bearing  gold, 
with  surface  gi-oand,  three  hundred  feet  in  width,  lyins:;,  being,  and 
situate  within  the  Chuck  Mining  District,  county  of  Lane,  and  state 
of  Oregon,  have  made  application  to  the  United  States  for  a  patent  for 
the  said  mining  claim,  which  is  more  fully  described  as  to  metes  and 
bounds  by  the  official  plat,  herewith  posted,  and  by  the  field-notes,  of 
survey  thereof,  now  filed  in  the  office  of  the  register  of  the  district 
of  lands  subject  to  sale  at  Salem,  which  field-notes  of  survey  described 
the  boundaries  and  extent  of  said  claim  on  the  surface,  with  magnetic 
variations  at  17°  east,  as  follows,  to  wit:  [Description.]  The  said 
mining  claim  being  of  record  in  the  office  of  the  recorder  of  Tar  Camp, 
at  Millerville,  in  the  county  and  state  aforesaid,  the  presumed  general 
course  or  direction  of  the  said  vein,  lode,  or  mineral  deposit  bein- 
shown  upon  the  plat  posted  herewith,  as  near  as  can  be  determined  from 
present  developments,  this  claim  being  for  three  thousand  linear  feet 
thereof,  together  witli  the  surface  gi'ound  shown  from  the  official  plat 
posted  herewith,  the  said  vein,  lode,  and  mining  premises  hereby  sought 
to  be  patented  being  bounded  as  follows,  to  wit:  [Description.]  The 
said  claim  being  designated  as  lot  number  seven  in  the  official  plat 
posted  herewith. 

Any  and  all  persons  claiming  adversely  the  mining  gTound,  vein,  lode, 
premises,  or  any  portion  thereof,  so  described,  surveyed,  platted,  and 
applied  for,  are  hereby  notified  that  i;nless  their  adverse  claims  are  duly 
filed,  as  according  to  law  and  the  regulations  thereunder,  within  sixty 
days  from  the  date  hereof,  with  the  Register  of  the  United  States  Land 
Office,  at  Salem,  in  the  state  of  Oregon,  they  will  be  barred,  in  virtue  of 
the  provisions  of  said  statute. 

Dated  on  the  ground,  this  third  day  of  May,  1917. 

S.  L. 

G.  I\I. 

NOTE. — At  the  time  of  filing  the  application  for  patent,  the  claimant 
should  also  introduce  the  proof  indicated  in  the  forms.  Also,  an  abstract 
of  title,  which  must  show  the  possessory  title  to  be  in  the  applicant.  This 
abstract  should  contain  memoranda  of  all  the  deeds  and  encumbrances 
appearing  of  record  in  the  office  of  the  recorder  of  the  mining  district  or 
county,  as  the  case  may  be,  and  must  be  certified  by  such  recorder  to  be  a 
correct  abstract.  "Where  there  have  been  no  transfers,  a  certificate  to  that 
effect  by  the  recorder,  attached  to  the  certified  "copy  of  the  certificate  of 
location,  will  be  required. 

No.  2630,    Proof  of  Posting  Notice  and  Diagram  on  Mining  Claim. 
State  of  California, 
County  of  Butte, — ss. 

J,  D.  and  J.  W.,  each  for  himself,  and  not  one  for  the  other,  being 
first  duly  sworn  according  to  law,  deposes  and  says,  that  he  is  a  citizen 
of  the  United  States,  over  the  age  of  twenty-one  years,  and  was  present 


Form  2630  Cowuery's  Form  Book.  920 

on  the  third  day  of  May,  1917,  when  a  plat  representing  the  claim,  and 
certified  to  as  correct  by  the  United  States  Surveyor-general  of  Cali- 
fornia, and  designated  by  him  as  Lot  No.  9,  together  with  a  notice  of 
the  intention  of  J.  D.  and  J.  W.  to  apply  for  a  patent  for  the  mining 
claim  and  premises  so  platted,  was  posted  in  a  conspicuous  place  upon 
said  mining  claim,  to  wit,  upon  an  oak  stump,  where  the  same  could 
be  easily  seen  and  examined ;  the  notice  so  conspicuously  posted  upon 
said  claim  being  in  words  and  figures  as  follows,  to  wit: 

Notice  of  the  application  of  J.  D.  and  J.  W.  for  a  United  States 
patent. 

''Notice  is  hereby  given  that  in  pursuance  of  chapter  6,  of  title  32,  of 
the  Revised  Statutes  of  the  United  States,"  J.  D.  and  J.  W.,  claiming 
three  thousand  linear  feet  of  the  vein,  lode,  or  mineral  deposit,  bearing 
gold,  with  surface  gi'ound,  three  thoiisand  feet  in  widtli,  lying  and  being 
situated  within  the  Jones  Mining  District,  county  of  Butte,  and  state 
of  California,  have  made  application  to  the  United  States  for  a  patent 
for  the  said  mining  claim,  which  is  more  fully  described  as  to  metes 
and  bounds  by  the  official  plat  herewith  posted,  and  by  the  field-notes 
of  survey  thereof,  now  filed  in  the  office  of  the  register  of  the  district 
of  lands  subject  to  sale  at  Sacramento  City,  California,  which  field- 
notes  of  survey  describe  the  boundaries  and  extent  of  said  claim  on 
the  surface,  with  magnetic  variation  at  seventeen  degi-ees  east.  [De- 
scription.] 

The  said  mining  claim  being  of  record  in  the  office  of  the  Recorder 
of  Mines,  at  Chico,  in  the  county  and  state  aforesaid,  the  presumed 
general  course  or  direction  of  the  said  vein,  lode,  or  mineral  deposit 
being  shown  upon  tlie  plat  posted  herewith,  as  near  as  can  be  deter- 
mined upon  present  developments,  this  claim  being  for  three  thousand 
linear  feet  thereof,  together  with  the  surface  ground  shown  upon  the 
official  plat  posted  herewith,  the  said  vein,  lode,  and  mining  premises 
hereby  sought  to  be  patented  being  bounded  as  follows,  to  wit:  [De- 
scription.] 

The  said  claim  being  designated  as  Lot  No.  27,  in  the  official  plat 
posted  herewitli. 

Any  and  all  persons  claiming  adversely  the  mining  ground,  vein, 
lode,  premises  or  any  portion  thereof,  so  described,  surveyed,  platted 
and  applied  for,  are  hereby  notified  that  unless  their  adverse  claims  are 
duly  filed  as  according  to  law  and  the  regulations  therevmder,  within 
sixty  days  from  the  date  hereof,  with  the  Register  of  the  United  States 
Land  Office,  at  Sacramento,  in  the  state  of  California,  they  will  be 
barred,  in  virtue  of  the  provisions  of  said  statute. 

J.  D, 
J.   W. 

Dated  on  the  ground,  this  third  day  of  May,  1917. 


921  Mining.  Forms  2631-2G33 

Subscribed  and  sworn  to  before  me  this  third  day  of  May,  1917,  and 
I  hereby  certify  that  I  consider  the  above  deponents  credible  and  reli- 
able witnesses,  and  that  the  foregoing  affidavit  and  notice  were  read 
by  each  of  them  before  their  signatures  were  affixed  thereto  and  the 
oath  made  by  them. 

[Signature.] 

NOTE. — The  notice  to  be  posted  on  the  claim  with  the  plat  is  given  in 
the  above  form. 

No.  2631.    Afl&davit  of  Five  Hundred  Dollars  Improvements. 
State  of  California, 
County  of  Sierra, — ss. 

H.  S.  and  H.  H.,  of  lawful  age,  being  first  duly  sworn  according  to 
law,  depose  and  say  that  they  are  acquainted  with  the  Slug  Canyon 
Mining  Claim  in  Slope  Mining  District,  county  and  state  aforesaid, 
for  which  they  have  made  application  for  patent  under  the  provisions 
of  chapter  6,  of  title  32,  Revised  Statutes  of  the  United  States,  and 
that  the  labor  done  and  the  improvements  made  thereon  by  the  appli- 
cant and  his  grantors  exceed  five  hundred  dollars  in  value,  and  said 
improvements  consist  of  a  tunnel  run  in  and  through  the  center  of  said 
ground  five  hundred  feet  in  length,  costing  over  ten  thousand  dollars. 

H.  S. 
H.  H. 

Subscribed  and  sworn  to  [etc.]. 

No.  2632.    Proof  of  Labor. 

State  of  California, 
County  of  Sierra, — ss. 

Before  me,  the  subscriber,  personally  appeared  A.  B.,  who,  being 
duly  sworn,  says  that  at  least  one  thousand  dollars'  worth  of  labor  or 
improvements  were  performed  or  made  upon  the  Fast  Man  Claim,  situ- 
ated in  Black  Horse  Mining  District,  Sierra  county,  state  of  California, 
during  the  year  ending  January  3,  1917.  Such  expenditure  was  made 
by  or  at  the  expense  of  the  owners  of  said  claim  for  the  purpose  of 
holding  said  claim. 


A.  B. 


Subscribed  and  sworn  to  [etc.]. 


No.  2633.    Agreement  of  Publisher. 

The  undersigned,  publisher  and  proprietor  of  the  M.  M.,  a  weekly 
newspaper,  published  at  Downieville,  county  of  Sierra,  and  state  of 
California,  does  hereby  agree  to  publish  a  notice,  dated  U.  S.  Land 
Office,  May  3,  1917,  required  by  the  provisions  of  chapter  6.  of  title  32, 


Forms  2634, 2635        Covvdery's  Form  Book.  922 

Revised  Statutes  of  the  United  States,  the  intention  of  H.  H.,  to  apply 
for  a  patent  for  his  claim  on  the  Oro  Lode,  situated  in  Piety  Hill  INIin- 
ing  District,  county  of  Sierra,  state  of  California,  and  to  hold  the  said 
H.  alone  responsible  for  the  amount  due  for  publishing  the  same.  And 
it  is  hereby  expressly  stipulated  and  agreed  that  no  claim  shall  be  made 
against  the  government  of  the  United  States,  or  its  oflScers  or  agents, 
for  such  publication. 

R.  K. 

No.  2634.    Power  of  Attorney  to  Make  Application  for  Entry  of  Grov- 
ernment  Land. 

Know  all  men  by  these  presents :  That  we,  H.  B.  and  J.  S.,  do  hereby 
constitute  and  appoint  S.  B.  D.  as  our  attorney  in  fact,  for  us  and  in 
our  names  to  make  application  to  the  United  States  for  the  entry  and 
purchase  of  certain  government  lands,  in  Piety  Hill  Mining  District, 
Sierra  county,  state  of  California,  known  as  the  Oro  Mining  Claim  and 
premises,  and  to  have  the  same  surveyed,  and  to  take  any  and  all  steps 
that  may  be  necessary  to  procure  from  the  government  of  the  United 
States  a  patent  to  the  said  lands  and  premises,  granting  the  same  to 
us.  And  to  do  all  other  acts  appertaining  to  the  said  survey  and  entry 
aforesaid  as  we  ourselves  could  do  by  our  own  act  and  in  our  own 
proper  person. 

[Dated.]  H.  B. 

J.  S. 

No.  2635.    Proof   of   Ownership    and   Possession  in   Case  of   Loss  or 
Absence  of  Mining  Records. 

State  of  California, 
County  of  Sierra, — ss. 

H.  H.  and  H.  P.,  each  for  himself  and  not  one  for  the  other,  being 
first  duly  sworn  according  to  law,  deposes  and  says  that  he  is  a  citizen 
of  the  United  States,  over  the  age  of  twenty-one  years,  and  a  resident 
of  Sierra  county,  state  of  California,  and  has  resided  in  Piety  Hill  Min- 
ing District,  wherein  the  Oro  Mine  is  situated,  since  the  third  day 
of  May,  1916.  That  since  said  date  he  lias  been  acquainted  with  the 
Oro  Mine,  and  with  the  possessors  and  workers  thereof.  That  said  mine 
was  located  and  has  been  possessed  and  worked  in  accordance  with  the 
customs  and  usages  of  miners  in  said  district,  and  in  conformity  with 
the  rules  and  regulations  governing  the  location,  holding,  and  working 
of  mining  claims,  in  force  and  observed  in  the  state  of  California. 
That  there  are  no  written  records  known  to  deponent  existing  in  said 
mining  district.  That  affiant  is  credibly  informed  and  believes  that  the 
Oro  Mine  was  located  in  tlie  year  1916,  and  that  if  any  record  was  made 
of  said  location,  and  of  the  names  of  the  locators,  the  same  has  not  been 


923  Mining.  Form  2636 

in  existence  for  a  long  number  of  years  past,  and  that  by  reason  thereof 
the  names  of  the  locators  cannot  noAV  be  ascertained,  and  no  abstract 
of  title  from  locators  to  the  present  owners  can  be  made.  That  the 
possession  of  applicant  and  his  predecessors  in  interest  of  said  Oro 
Mine  has  been  actual,  notorious,  and  continuous,  to  the  positive  knowl- 
edge of  deponent,  since  his  residence  in  said  mining  district,  and  that 
such  possession  has  been  perfected  and  maintained  in  conformity  with 
mining  usages  and  customs,  and  had  been  acquiesced  in  and  respected 
by  tlie  miners  of  said  district.  That  applicant's  right  to  said  Oro 
Mine  is  not  in  litigation  within  the  knoAvledge  of  affiant,  and  that  no 
action  or  actions  have  been  commenced  affecting  the  right  to  said  mine 
since  his  acquaintance  therewith  (and  that  the  time  for  the  commence- 
ment thereof,  as  required  to  be  instituted  under  the  provisions  of  the 
statute  of  limitations  of  the  state  of  California,  has  long  since  elapsed). 
That  applicant  and  his  predecessors  in  interest  have  expended  in  the 
improvement,  development,  and  working  of  said  mine  a  sum  of  money 
exceeding  one  hundred  dollars,  as  follows,  to  wit:  ten  thousand  dollars. 

H.  H. 

H.  P. 

Subscribed  and  sworn  to  before  me,  this  eighth  day  of  May,  1917, 

and  I  hereby  certify  that  the  aforenamed  H.  P.,  H.   H.,  S.  D.,  and 

S.  B.  D.  are  credible  and  respectable  persons,  to  whose  affidavits  full 

faith  and  credit  should  be  given. 

[Seal] 

[Signature.] 

NOTE.— This  should  be  sworn  to  by  at  least  i;wo  respectable  persons,  and 
by  the  applicant  for  patent. 

No.  2636.    Nonmineral  Affidavit  (to  be  Used  in  Case  of  a  Mill  Site). 
State  of  California, 
County  of  Sierra, — ss. 

A.  A.  S.  and  G.  C.  M.,  of  said  county  and  state,  being  first  duly  sworn, 
each  for  himself  deposes  and  says,  that  he  is  well  acquainted  with  the 
Glide  Claim,  situated  in  Slum  J.Iinino-  District,  county  of  Sieri-a,  and 
state  of  California,  claimed  by  W.  W.  S.,  applicant  for  United  States 
patent  therefor;  that  he  is  well  acquainted  with  the  cliaracter  of  said 
described  land,  and  with  each  and  every  legal  subdivision  thereof,  having 
frequently  passed  over  the  same;  that  his  knowledge  of  said  land  is 
such  as  to  enable  him  to  testify  understandingly  with  regard  thereto; 
that  there  is  not  to  his  knowledge,  within  the  limits  thereof,  any  vein 
or  lode  of  quartz  or  other  rock  in  place,  bearing  gold,  silver,  cinnabar, 
lead,  tin,  or  copper,  or  any  deposit  of  coal ;  that  there  is  not  within  the 
limits  of  such  land,  in  his  knowledge,  any  placer,  cement,  gravel  or 
other  valuable  mineral  deposit;  that  no  portion  of  said  land  is  claimed 
for  mining  purposes  under  the  local  customs  or  rules  of  miners,  or 
otherwise;  that  no  portion  of  said  land  is  worked  for  minerals  during 


Forms  2637, 2638        Cowdebys  Form  Book.  924 

anj^  part  of  the  j^ear  by  any  person  or  persons ;  that  said  land  is  essen- 
tially nonmiueral  land,  and  that  he  has  no  interest  whatever  in  said 

^^''^'  A.  A.  S. 

G.  C.  M. 

Subscribed  and  sworn  to  before  me,  this  third  day  of  May,  1917, 
and  I  hereby  certify  that  the  foregoing  affidavit  was  read  to  each  of 
the  said  subscribers  previous  to  his  name  being  subscribed  thereto; 
and  that  deponent  is  a  respectable  person,  to  whose  affidavit  full  faith 
and  credit  should  be  given. 

[Seal]  [Signature.] 

No.  2637.    Proof  That  No  Known  Veins  Exist  in  a  Placer  Mining  Claim. 
State  of  California, 
County  of  Nevada, — ss. 

A.  A.  J.  and  B.  A.,  of  the  said  county  and  state,  being  first  duly 
sworn,  each  for  himself,  deposes  and  says,  that  he  is  well  acquainted 
■with  the  Slips  Placer  Mining  Claim,  embracing  one  thousand  acres, 
situated  in  the  Flow  Mining  District,  in  the  county  of  Nevada,  and  state 
of  California,  owned  and  worked  by  F.  F.  H.,  applicant  for  United 
States  patent;  that  for  many  years  he  has  resided  near,  and  often  been 
upon  the  said  mining  premises,  and  that  no  known  vein  or  veins  of 
quartz,  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin 
or  copper,  exist  on  said  mining  claim,  or  on  any  part  thereof,  so  far 
as  he  knows,  and  he  verily  believes  that  none  exist  thereon. 

A.  A.  J. 

B.  A. 
Subscribed  and  sworn  to  before  me,  this  tenth  day  of  January,  1917. 

[Signature.] 

NOTE. — In  case  any  known  mines  exist  within  the  exterior  boundaries 
of  the  placer  claim,  the  names  of  such  known  veins  should  be  given,  to  be 
sworn  to  by  the  applicant  and  one  or  more  other  persons.  Directly  after 
the  filing  of  the  application  for  patent,  with  accompanying  proof,  the 
register  of  the  land  office  will  designate  a  newspaper,  as  published  nearest 
the  land  sought  to  be  patented,  to  publish  the  following  notice  for  sixty 
d.iys: 

No.  2638.    Notice  of  Application  for  a  Patent  for  Lode  Claim. 

U.  S.  Land  Office,  May  3,  1917. 
Notice  is  hereby  given  that  H.  H.,  whose  poStoffice  address  is  Downie- 
ville,  Sierra  county,  California,  has  tliis  day  tiled  his  application  for 
a  patent  for  nine  thousand  linear  feet  of  the  Oro  Mine  or  vein,  with 
surface  ground  three  hundred  feet  in  width,  situated  in  Piety  Hill 
Mining  District,  county  of  Sierra,  and  state  of  California,  and  desig- 
nated by  the  field-notes  and  official  plat  on  file  in  this  office  as  lot 
number  10,  in  township  9,  rancre  7  east,  of  Mt.  Diablo  base  and  meridian, 
said  lot  number  10  being  as  follows,  to  wit :  [Description.] 

H.  H. 


925  Mining.  Forms  2639, 264-0- 

No.  2639.    Proof  of  Publication  on  Application  for  Mining  Patent. 
State  of  California, 
County  of  Sierra, — ss. 

V.  D.,  being  duly  sworn,  deposes  and  says,  that  he  is  the  proprietor 
of  the  M.  M.,  a  newspaper  published  in  Sien-a  county,  in  the  state  of 
California. 

That  the  notice  of  which  a  copy  is  hereto  attached,  was  first  pub- 
lished in  said  newspaper  in  its  issue  dated  the  ninth  day  of  January, 
1917,  and  was  published  in  each  issue  of  said  newspaper  for  sixty  days 
thereafter  the  full  period  of  sixty  days,  the  last  publication  thereof 
being  in  the  issue  dated  the  nineteenth  day  of  August,  1917. 

V.  D. 

Subscribed  and  sworn  to  [etc.]. 

No.  2640.    Proof  That  Plat  and  Notice  Remained  Posted  on  Claim  Dur- 
ing Time  of  Publication. 

State  of  California, 
County  of  Sierra, — ss. 

H.  H.,  being  first  duly  sworn  according  to  law,  deposes  and  says 
that  he  is  claimant  (and  co-owner  with),  H.  S.,  in  the  Oro  Mining  Claim, 
Piety  Hill  Mining  District,  Sierra  county,  California,  the  official  plat 
of  which  premises,  together  with  the  notice  of  intention  to  apply  for 
a  patent  therefor,  was  posted  thereon  on  the  ninth  day  of  January, 
1917,  as  fully  set  forth  and  described  in  the  affidavit  of  G.  B.,  and 
S.  W.,  dated  the  nintli  day  of  January,  1917,  which  affidavit  was  duly 
filed  in  the  office  of  the  Register  at  Sacramento,  in  this  state;  and  that 
the  plat  and  notice  so  mentioned  and  described  remained  continuously 
and  conspicuously  posted  upon  said  mining  claim  from  the  ninth  day 
of  January,  1917,  until  and  including  the  nineteenth  day  of  August, 
1917,  including  the  sixty  days'  period  during  which  notice  of  said  pub- 
lication for  patent  was  published  in  the  newspaper. 

H.  H. 

Subscribed  and  sworn  to  before  me  this  twentieth  day  of  August, 
1917,  and  I  hereby  certify  that  the  foregoing  affidavit  was  read  to  the 
said  H.  H.  previous  to  his  name  being  subscribed  thereto;  and  that 
deponent  is  a  respectable  person,  to  whose  affidavit  full  faith  and  credit 
should  be  given. 

[Seal]  [Signature.] 

NOTE. — A  publication  in  a  weekly  newspaper  for  nine  weeks  is  not  a 
publication  for  sixty  days.  There  must  be  ten  insertions:  Sickles  on  Mining 
Laws  and  Decisions,  324. 

It  must  be  published  in  the  newspaper  nearest  the  claim:  Id.  68. 

It  must  be  made  with  the  knowledge  of  the  register  of  the  head  office: 

Id.  71. 

One  notice  may  include  several  tracts:  Id.  342. 


Forms  2641, 2642        Cowdeby's  Form  Book.  926 

No.  2641.    Statement  of  Tees  and  Ohaxges  on  Application  for  Mining 

Patent. 
State  of  California, 
County  of  Sierra, — ss. 

H.  H.,  being  first  duly  sworn  according  to  law,  deposes  and  says,  that 
he  is  the  applicant  for  patent  for  the  Oro  lode  in  Piety  Hill  Mining 
District,  county  of  Sierra,  state  of  California,  under  the  provisions  of 
chapter  6,  of  title  32,  of  the  Revised  Statutes  of  the  United  States, 
and  that  in  the  prosecution  of  said  application  he  has  paid  out  the  fol- 
lowing amounts,  viz.:  To  the  credit  of  the  surveyor-general's  office,  one 
hundred  dollars;  for  surveying,  ten  dollars;  for  filing  in  the  local  land 
office,  fifty  dollars;  for  publication  of  notice,  fifty  dollars;  and  for  the 
land  embraced  in  his  claim,  one  thousand  dollars. 

Subscribed  and  sworn  to  [etc.]. 

[Seal]  H.  H. 

NOTE. — In  due  time,  if  no  adverse  claim  has  been  filed,  or  if  filed,  but 
no  suit  has  been  commenced  thereon  within  the  period  prescribed  by  law, 
the  claimant  may  make  application  to  purchase.  The  register  should  there- 
upon certify  to  the  fact  of  the  posting  of  notice  in  the  land  office  of  the 
application  for  patent;  and  upon  payment  to  the  receiver  of  the  purchase 
money  should  issue  his  certificate  of  entry. 

No.  2642.    Register's  Certificate  of  Posting  Notice  of  Application  for 
Mining  Patent. 

United  States  Land  Office  at 
San  Francisco,  State  of  California,  1917. 
I  hereby  certify  that  the  official  plat  of  the  Gold  lode  designated  by 
the  surveyor-general  as  Lot  No.  10,  was  filed  in  this  office  on  the  twen- 
tieth day  of  May,  1917,  and  that  the  attached  notice  of  the  intention 
of  S.  B.  to  apply  for  a"  patent  for  the  mining  claim,  or  premises, 
embraced  by  said  plat,  and  described  in  the  field-notes  of  survey  thereof 
filed  in  said  application,  was  posted  conspicuously  in  this  office  on  the 
ninth  day  of  June,  1917,  and  remained  so  posted  until  the  tAventieth 
day  of  Aiigust,  1917,  being  the  full  period  of  sixty  consecutive  days 
during  the  period  of  publication  as  required  by  law;  and  that  said 
plat  remained  in  this  office  during  that  time,  subject  to  examination, 
and  that  no  adverse  claim  thereto  has  been  filed. 

K.  L. 

NOTE. — The  notice  posted  in  the  office  should  be  attached  to  this  cer- 
tificate; a  copy  of  the  notice  published  is  the  one  usually  posted  in  the 
register's  office. 

[These  forms,  which  are  designed  particularly  for  lodo.  or  quartz,  claims, 
may  also,  with  slight  modification,  be  used  for  placer  claims.] 


927  Mining.  Forms  2G43, 2644 

No.  2643.    Certificate  on  Application  for  Mining  Patent  That  No  Suit 
is  Pending. 

State  of  California, 
County  of  Sierra, — ss. 

I,  H.  S.,  clerk  of  the  superior  court,  in  and  for  Sierra  county,  Cali- 
fornia, do  hereby  certify  that  there  is  now  no  suit  or  action  o£  any 
character  pending  in  said  court,  involving  the  right  of  possession  to 
any  portion  of  the  Oro  mining  claim,  and  that  there  has  been  no  litiga- 
tion before  said  court  ail'ecting  the  title  to  said  claim,  or  any  part 
thereof,  for  twenty  years  last  past,  or  within  the  period  prescribed  by 
the  statute  of  limitations,  to  wit,  five  years,  other  than  what  has  been 
finally  decided  in  favor  of  H.  H. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  the  seal 
of  said  court,  at  my  ofiBce,  in  Downieville,  this  twentieth  day  of  June, 

1917. 

H.  S., 

Clerk  of  the  Superior  Court  in  and  for  Sierra  County,  California. 

No.  2644.    Protest    and    Adverse    Claim  on  Application    for    Mining 
Patent. 

United  States  Land  Office, 
State  of  California, — ss. 

In  the  Matter  of  the  Application  of  H.  H.,  for  a  United  States  Patent 
for  the  Oro  Lode,  or  Mining  Claim,  and  the  Land  and   Premises 
Appertaining  to  said  Mine,  Situated  in  the  Piety  Hill  Mining  Dis- 
trict, in  Sierra  County,  State  of  California. 
To  the  Register  and  Receiver  of  the  United  States  Land  Office,  at  San 
Francisco,  and  to  the  Above-named  Applicant  for  Patent  for  tlie 
Oro  Lode: 
You  are  hereby  notified  that  A.  C,  of  the  city  of  Stockton,  county 
of  San  Joaquin,  and  state  of  California,  and  a  citizen  of  the  United 
States  of  America,  is  the  lawful  owner  and  entitled  to  the  possession 
of  three  thousand  feet  of  the  said  Oro  lode,  or  mine,  described  in  said 
application,  as  shown  by  the  diagram  posted  on  said  claim,  and  a  copy 
thereof  filed  in  the  land  office  with  said  application,  and  as  such  owner 
this  contestant,  the  said  A.  C,  does  protest  against  the  issuing  of  a 
patent  thereon  to  said   applicant,   and   does   dispute   and   contest   the 
right  of  said  applicant  therefor. 

And  this  contestant  does  present  the  nature  of  his  adverse  claim, 
and  does  fully  set  forth  the  same  in  the  affidavit  hereto  attached,  marked 
Exhibit  "A,"  and  the  further  exhibits  thereto  attached  and  made  part 
of  said  affidavit. 

The  said  A.  C.  therefore  respectfully  asks  the  said  register  and  re- 
ceiver that  all  further  proceedings  in  the  matter  be  stayed  until  a  final 


Form  2644  Cowdery's  Form  Book.  928 

settlement   and   adjudication   of  the  rights   of  this  contestant  can   be 
had  in  a  court  of  competent  jurisdiction. 

[Place  and  date.]  A.  C. 

Exhibit  "A." 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

A.  C,  being  first  duly  sworn,  deposes  and  says,  that  he  is  a  citizen 
of  the  United  States,  born  in  the  state  of  California,  and  is  now  resid- 
ing in  Stockton;  that  he  is  the  contestant  and  protestant  named  in, 
and  who  subscribed  the  notice  and  protest  hereto  annexed.  Affiant 
further  says  that  he  is  the  owner  by  purchase  and  in  possession  oE  the 
(adverse)  lode,  or  vein,  of  quartz  and  other  rock  in  place,  bearing  gold 
and  other  metals.  That  the  said  lode  is  situated  in  the  Piety  Hill 
Mining  District,  Sierra  County,  state  of  California. 

[The  history  of  the  lode  should  be  given  in  full;  for  instance,  as 
follows:] 

This  affiant  further  says,  that  on  the  day  of  location  the  premises 
hereinafter  described  were  mineral  lands  of  the  public  domain,  and 
entirely  vacant  and  unoccupied,  and  were  not  owned,  held,  or  claimed 
by  any  person  or  persons  as  mining  ground  or  otherwise,  and  that  while 
the  same  were  so  vacant  and  unoccupied  and  unclaimed,  to  wit;  on  the 
first  day  of  January,  1917  [name  locators],  each  and  all  of  them  being 
citizens  of  the  United  States,  entered  upon  and  explored  the  premises, 
discovered  and  located  the  said  Oro  lode,  and  occupied  the  same  as 
mining  claims.  That  the  said  premises  so  located  and  appropriated 
consist  of  fifteen  hundred  feet  in  a  northerly  direction,  and  fifteen  hun- 
dred feet  in  a  southerly  direction,  as  will  fully  appear  by  reference 
to  the  notice  of  location,  a  duly  certified  copy  whereof  is  hereunto 
annexed,  marked  Exhibit  "B,"  and  hereby  made  a  part  of  this  affidavit. 
That  the  locators,  after  the  discovery  of  said  Oro  lode,  drove  a  stake 
on  said  lode  on  the  discovery  claim,  erected  a  monument  of  stone  around 
said  stake,  and  placed  thereon  a  written  notice  of  location  describing 
the  claim  so  located  and  appropriated,  giving  the  names  of  the  locators 
and  quantity  taken  by  each,  and  after  doing  all  the  acts  and  performing 
all  the  labor  required  by  the  laws  and  regulations  of  said  Piety  Hill 
Mining  District,  and  state  of  California,  the  locators  of  said  lode  caused 
said  notice  to  be  filed  and  recorded  in  the  proper  books  of  record  in  the 
recorder's  office  in  said  district,  on  the  ninth  day  of  January,  1917. 

Affiant  further  says,  that  the  said  locators  remained  continuously  in 
possession  of  said  lode,  working  upon  the  same,  and  within  twelve 
months  from  the  date  of  said  location  had  done  and  performed  work 
and  labor  on  said  location  in  mining  thereon  and  developing  the  same, 
more  than  three  hundred  and  sixty-five  days'  work,  and  expended  on 
said  location  more  than  nine  hundred  dollars,  and  by  said  labor  and 
money  expended  upon  the  said  mining  location  and  claim,  had  developed 
the  same,  and  extracted  therefrom  more  than  one  thousand  tons  of  ore. 


929  Mining.  Form  2644 

And  affiant  fiutlier  says,  that  said  locators,  in  all  respects,  com- 
plied with  every  custom,  rule,  regulation  and  requirement  of  the  mining 
laAvs,  and  every  rule  and  custom  established  and  in  force  in  said  Piety 
Hill  Mining  District,  and  thereby  became  and  were  owners  (except  as 
against  the  paramount  title  of  the  United  States)  and  the  rightful  pos- 
sessors of  said  mining  claims  and  premises. 

And  this  affiant  further  says,  that  said  locators  proved  and  estab- 
lished, to  the  satisfaction  of  the  recorder  of  said  mining  district,  that 
they  had  fully  complied  with  all  the  rules,  customs,  regidations,  and 
requirements  of  the  laAvs  of  said  district,  and  thereupon  the  said  re- 
corder issued  to  the  locators  of  said  lode  certificates  confirming  their 
titles  and  rights  to  said  premises. 

That  the  said  lode  was  located  and  worked  by  the  said  locators  as 
tenants  in  common,  and  they  so  continued  in  the  rightful  and  undis- 
puted possession  thereof  from  the  time  of  said  location  until  on  or 
about  the  tenth  day  of  June,  1917,  at  which  time  the  said  locators  and 
owners  of  said  lode  formed  and  organized  under  the  laws  of  the  state 
of  California,  and  incorporated  under  the  name  of  the  "Oro  Gold  'Min- 
ing Company";  and  on  the  tenth  day  of  June,  1917,  each  of  the  locators 
of  said  lode  conveyed  said  lode,  and  each  of  their  rights,  titles,  and 
interests  in  and  to  said  lode,  to  said  "Oro  Gold  Mining  Company." 

On  the  said  tenth  day  of  June,  1917,  the  said  company  entered  in+o 
and  upon  said  lode,  and  was  seised  and  possessed  thereof,  and  every 
part  and  parcel  of  the  same,  and  occupied  and  mined  thereon  until 
the  thirtieth  day  of  August,  1917,  at  which  time  the  said  mining  com- 
pany sold  and  conveyed  the  same  to  this  affiant,  which  said  several 
transfers  and  conveyances  will  fully  appear  by  reference  to  the  abstract 
of  title  and  paper  thereto  attached,  marked  Exhibit  "D,"  and  made  a 
part  of  this  affidavit. 

[In  case  of  individual  transfers.] 

And  this  affiant  further  says,  that  the  said  J.  J.,  who  located  claim 
No.  10,  northwesterly  of  the  said  Oro  lode,  and  the  said  J.  S.,  who 
located  claim  No.  11,  northwesterly  thereon,  were  seised  and  possessed 
of  said  claims,  and  occupied  and  mined  thereon  until  the  tenth  day  of 
June,  1917,  at  which  time  the  said  S.  and  J.  sold  and  conveyed  the 
same  to  the  said  corporation,  and  thereupon  the  said  corporation  was 
seised  and  possessed  of  said  mining  claims  and  locations,  and  occupied 
and  mined  thereon  until  the  thirtieth  day  of  September,  1917,  at  which 
time  the  said  corporation  sold  and  conveyed  the  same  to  this  affiant, 
as  will  fully  appear  by  reference  to  the  abstract  of  title  and  paper 
hereto  attached,  marked  Exhibit  "D,"  and  which  this  affiant  hereby 
makes  a  part  of  this  his  affidavit. 

Affiant  further  says,  that  he  is  now  and  has  been  in  the  occupation 
and  possession  of  the  said  lode  since  the  thirtieth  day  of  August,  1917. 
and  that  said  lode  and  mining  claims  were  located,  and  the  title  thereto 
established,  several  years  before  said  (applied  for)  Oro  lode  was  located. 

Form  Book — 59 


Form  2645  Cowdery's  Form  Book.  930 

AfiBant  further  says  that  said  Oro  lode,  as  shown  by  the  notice  and 
diagram  posted  on  said  claim,  and  the  copy  thereof  filed  in  the  United 
States  Land  Office,  with  said  application  for  a  patent,  crosses  and 
overlaps  said  Oro  lode,  and  embraces  about  thirty  feet  in  length 
by  three  hundred  feet  in  width  of  the  said  Oro  lode,  the  property  of 
this  affiant,  as  fully  appears  by  reference  to  the  diagram  or  map  duly 
certified  by  the  U.  S.  Deputy  Surveyor,  hereto  attached,  marked  Ex- 
hibit "C,"  and  which  diagi-am  presents  a  correct  description  of  the 
relative  locations  of  the  said  (adverse)  lode,  and  of  the  pretended 
(applied  for)  lode. 

Affiant  further  says,  that  he  is  informed  and  believes  that  said  appli- 
cant for  patent  well  knew  that  affiant  was  the  OAvner  in  possession  and 
entitled  to  the  possession  of  so  much  of  said  mining  ground  embraced 
witliin  the  survey  and  diagram  of  said  applications  as  is  hereinbefore 
stated,  and  that  this  affiant  is  entitled  to  all  the  gold  and  other  metal 
in  said  (adverse)  lode,  and  all  that  may  be  contained  within  a  space 
of  three  hundred  feet  on  each  side  of  said  (adverse)  lode. 

And  affiant  further  says  that  this  protest  is  made  in  entire  good  faith, 
and  with  the  sole  object  of  protecting  the  legal  rights  and  property  of 
this  affiant  in  the  said  (adverse)  lode  and  mining  premises. 

A.  C. 

Subscribed  and  sworn  to  [etc.]. 

Surveyor's  Certificate. 

[On  the  diagram  marked  Exhibit  "C,"  the  surveyor  must  certify  in 
effect  as  follows:] 

I  hereby  certify  that  the  above  diagram  correctly  represents  the  con- 
flict claimed  to  exist  between  the  Oro  and  Oro  Gold  lodes,  as  actually 
surveyed  by  me.  And  I  further  certify,  that  the  value  of  tlie  labor  and 
improvements  on  the  (adverse)  lode  exceeds  five  hundred  dollars,  and 
said  improvements  consist  of  [state  in  full]. 

No.  2645.    Notice  to  Co-owner  of  Mine  to  Contribute. 

State  of  California,  County  of  Sierra,  1917. 

To  A.  C: 

You  are  hereby  notified  that  I  have  expended  three  hundred  dollars 
in  labor  and  improvements  upon  the  Oro  lode,  as  will  appear  by  certifi- 
cate filed  August  1,  1917,  in  the  office  of  the  recorder  of  said  county 
(or  district),  in  order  to  hold  said  premises  under  the  provisions  of 
section  2324,  Revised  Statutes  of  the  United  States,  being  the  amount 
required  to  hold  the  same  for  the  year  ending  August  30,  1917.  And 
if  within  ninety  days  from  the  service  of  this  notice  (or  within  ninety 
days  after  this  notice  by  publication),  you  fail  or  refuse  to  contribute 
your  proportion  of  such  expenditure  as  co-owner,  your  interest  in  said 
claim  will  become  the  property  of  the  subscriber  under  said  section  2324. 

B.  D. 


931  Money  Had  and  Received.      Forms  2066,  2667 

NOTE. — At  the  expiration  of  one  hundred  and  eighty  days,  this  printed 
notice  should  be  recorded,  with  the  affidavit  of  the  newspaper  publisher 
that  the  same  was  published  for  the  period  of  ninety  days,  together  with 
the  affidavit  of  the  party  signing  the  notice,  to  the  effect  that  one  or  more 
of  the  co-owners  named  in  the  published  notice  have  not  paid  their  share 
of  the  expenditure.     This  completes  the  record  title. 


MONEY  HAD  AND  RECEIVED. 

2666.  Complaint  for  money  had  and  received, 

2667.  Complaint  for  moue3r  had  and  received. 

No.  2666.    Complaint  for  Money  Had  and  Received. 
[Title  of  Court  and  Cause.] 

,  the  plainliff  in  the  above-entitled  action,  complaining  of  , 

the  defendant  in  said  action,  alleges: 

1.  That  on  the  day  of  ,  19 — ,  at  the  county  of  ,  state 

of  ,   the   said   defendant  received   from  the   said   plaintiff,   as   the 

agent  of  said  plaintiff,  the  sum  of  dollars   ($ )   to  the  use  of 

said  plaintiff,  which  he  agreed  to  pay  to  plaintiff  on  demand. 

2.  That  thereafter,  and  before  this  action  was  commenced,  the  said 
plaintiff  demanded  payment  thereof  from  the  said  defendant. 

3.  That  the  said  defendant  has  not  paid  the  said  sum,  nor  any  part 
thereof;  and  the  same  is  due. 

Wherefore,  the  said  plaintiff  prays  judgment  against  the  said  de- 
fendant for  the  said  sum  of  dollars   ($ ),  interest,  and  costs 

of  suit. 

[Signature.] 

No.  2667.    Complaint  for  Money  Had  and  Received. 
[Title  of  Court  and  Cause.] 

John  Wendt,  the  plaintiff  in  the  above-entitled  action,  complaining 
of  Thatcher  Ross,  the  defendant  in  said  action,  alleges: 

That  on  the  sixtli  day  of  June,  1864,  the  firm  of  Ah  Sing  &  Co.  were 
indebted  to  the  plaintiff  in  the  sum  of  four  hundred  and  twenty-five 
dollars  ($425),  being  the  balance  due  plaintiff  of  the  purchase  money  of 
a  certain  interest  in  a  lot  of  mining  claims  situate  on  Dutch  Ravine, 
Placer  County,  and  before  that  time  sold  and  conveyed  by  plaintiff  to 
said  Ah  Sing  &  Co.  That  afterward,  to  wit,  on  the  day  and  year  afore- 
said, at  the  said  county,  it  was  mutually  agreed  by  and  between  tlie 
said  plaintiff  and  Ah  Sing  &  Co.  and  the  said  defendant  that  the  said 
Ah  Sing  &  Co.  would  and  should  pay  over  to  tlie  said  defendant  the 
said  sum  of  money  so  due  as  aforesaid,  and  that  defendant  would  re- 
ceive and  safely  keep  the  same  as  the  money  of  plaintiff,  and  would 
pay  the  same  over  to  the  plaintiff  when  he  should  be  thereunto  after- 
ward requested.  And  plaintiff  avers  that  afterward,  to  wit,  on  said 
day  and  year,  the  said  Ah  Sing  &  Co.  did  pay  over,  in  tlie  gold  coin 
of  the  United  States,  said  sum  of  four  hundred  and  twenty-five  dollars 


Forms  2680, 2G81        Cowdery's  Form  Book.  932 

to  the  said  defendant  for  and  to  the  use  and  benefit  of  said  plaintiff; 
and  said  defendant  so  received  the  same  in  said  coin.  And  plaintiff 
avers  that  afterward,  to  wit,  on  the  first  day  of  September,  1864,  the 
plaintifl:  demanded  of  said  Ross  the  payment  of  said  sum  of  money,  in 
said  coin;  but  that  said  defendant  Ross  has  wholly  failed,  neglected 
and  refused,  and  still  does  so  fail,  neglect  and  refuse  to  pay  the  same, 
or  any  part  thereof,  and  that  there  is  now  due  plaintiff  from  said  de- 
fendant said  full  sum  of  four  hundred  and  twenty-five  dollars  in  gold 
coin,  and  legal  interest  thereon,  from  said  first  day  of  September,  1864. 

Wherefore  plaintiff  prays  judgment  against  the  defendant  for  the 
sum  of  four  hundred  and  twenty-five  dollars,  and  costs  of  suit,  all  in 
lawful  money  of  the  United  States. 

,  Attorney  for  Plaintiff. 

[Verification.] 

NOTE.— Precedent  in  Wendt  v.  Boss,  33  Cal.  650. 


MONEY  LOANED. 

2680.  Complaint  againet  borrower  for  money  loaned. 

2681.  Complaint  for  money  lent  by  plaintiff's  testator. 

No.  2680.    Complaint  Against  Borrower  for  Money  Loaned. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  day  of  ,  19 — ,  at ,  he  loaned  to  the  de- 
fendant, at  his  request,  dollars  ($ ). 

2.  That  the  defendant  has  not  paid  the  same,  nor  any  part  thereof. 
Wherefore  the  plaintiff  demands  judgment  for  dollars   ($ ), 

with  interest  from  the day  of ,  19 — . 

[Signature.] 

No.  2681.    Complaint  for  Money  Lent  by  Plaintiff's  Testator. 
[Title  of  Court  and  Cause.] 

The  above-named  plaintiff  complains  of  the  above-named  defendants, 
and  alleges: 

That  the  said  Patrick  Fitzgerald  died  in  said  city  and  county  on  or 
about  the  twenty-eighth  day  of  July,  1884,  leaving  a  will,  wliich,  after 
due  proceedings  had,  was  admitted  to  probate  as  his  last  will  and  tes- 
tament on  the  thirteenth  day  of  August,  1884,  in  and  by  the  order  and 
decree  of  the  superior  court  of  said  city  and  county,  duly  made  and 
given  herein. 

And  on  or  about  the  same  day  letters  testamentary  upon  his  estate 
issued  to  said  plaintiff,  Bridget  Fitzgerald,  out  of  said  court,  and  she 
then  and  there  qualified  as  executrix  of  said  will,  and  she  ever  since 
has  been  and  now  is  such  executrix. 


933  Money  Paid.  Forms  2691, 2692 

That  at  tlie  time  of  the  death  of  said  Patrick  Fitzgerald,  the  said 
defendants  were  indebted  to  him  in  the  sum  of  $381,  gold  coin  of  the 
United  States,  for  money  loaned  by  said  deceased  to  the  defendants  in 
his  lifetime,  and  legal  interest  on  the  same. 

That  in  about  three  months  after  the  said  death,  the  defendants 
promised  to  pay  said  sum  of  $381  to  said  executrix,  but  they  have  not 
paid  the  same  or  any  part  thereof,  except  the  sum  of  $101,  leaving  a 
balance  of  $280  still  due  and  unpaid,  which  sum  is  now  payable  to  said 
plaintiff  as  executrix. 

Wherefore  the  plaintiff  prays  for  judgment  against  the  defendants 
for  the  sum  of  $280,  with  interest  and  costs. 

M.  Cooney, 
Attorney  for  Plaintiff. 

'NOTE.— Precedent  in  Keagan  v.  Justices'  Court,  75  Cal.  254,  17  Pac.  195. 

MONEY  PAID. 

2691.  Complaint  for  money  paid  to  third  party. 

2692.  Complaint  for  repayment  of  money  paid  where  judgment  reversed. 

2693.  Complaint  for  money  paid  out. 

No.  2691.    Complaint  for  Money  Paid  to  Third  Party. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  twelfth  day  of  January,  1917,  at  P.,  at  the  request  of 
defendant,  plaintiff  paid  to  one  A.  B.  $1,550. 

2.  That  in  consideration  thereof,  defendant  promised  to  pay  the  same 
to  plaintiff. 

3.  That  on  the  fourth  day  of  May,  1917,  the  plaintiff  demanded  pay- 
ment of  the  same  from  the  defendant,  but  he  has  not  paid  the  same,  nor 
any  part  thereof. 

Wherefore  [etc.]. 

[Signature.] 

No.  2692.    Complaint  for  Repajmient  of  Money  Paid  Where  Judgment 

Reversed. 
[Title  of  Court  and  Cause.] 
Tlie  plaintiff  complains,  and  alleges: 

1.  That  on  or  about  the  eighteenth  day  of  January,  1906,  judgment 
was  rendered  against  this  yilaintiff  in  the  superior  court  of  the  county 
of  Sierra,  state  of  California,  in  an  action  wherein  the  defendant  was 
plaintiff,  and  this  plaintiff  was  defendant  for  the  sum  of  $2,500. 

2.  That  on  the  twenty-fifth  day  of  March,  1906,  at  Grass  Valley,  the 
plaintiff  paid  to  the  defendant  the  sum  of  $2,500,  in  satisfaction  thereof. 

3.  That  afterward,  on  the  tenth  day  of  April,  1906,  by  the  judgment 
of  the  supreme  court  of  said  state  of  California,  said  first-mentionod 


Form  2693  Cowdeby's  Form  Book.  934 

judgment  was  reversed;  but  that  no  part  of  the  said  sum  paid  in  satis- 
faction thereof  has  been  repaid  to  this  plaintiff. 

Wherefore   [etc.]. 

[Signature.] 

No.  2693.     Complaint  for  Money  Paid  Out. 
[Title  of  Court  and  Cause.] 

The  plointiff  complainin<;  of  the  defendant  alleges  that  plaintiff  is, 
and  at  all  times  hereinafter  mentioned  has  been,  doing  business  as  a 
broker  and  buyer,  on  commission,  in  the  county  of  Santa  Barbara,  state 
of  California;  that  as  such  broker,  between  the  twenty-sixth  day  of 
July,  1889,  and  the  twenty-ninth  day  of  March,  1890,  plaintiff  advanced 
in  Santa  Barbara,  in  the  county  and  state  aforesaid,  the  sum  of  $697.69 
for  defendants,  at  defendants'  instance  and  request,  in  the  purchase  of 
certain  Lima  and  other  beans,  and  other  products  of  California;  that 
defendants  promised  to  pay  the  same  to  plaintiff,  and  although  often 
requested  so  to  do,  defendants  have  neglected  and  still  neglect  to  pay 
the  same  to  plaintiff,  or  any  part  thereof. 

Wherefore  the  plaintiff  demands  judgment  against  the  defendants  for 
the  sum  of  six  hundred  and  ninety-seven  dollars  and  sixty-nine  cents, 
witli  inl  crest  from  the  twenty-ninth  day  of  March,  1890,  together  with 
the  costs  of  this  action. 

Howard  A.  Eogers. 


[Verification.] 


MORTGAGE. 


2700.  Code  mortgage. 

2701.  Mortgage — Utah. 

2702.  Mortgage — Washington. 

2703.  Mortgage — Short  form — Wyoming. 

2704.  Mortgage  to  secure  promissory  note. 

2705.  Mortgage  to  secure  money  payable  in  installments. 

2706.  Mortt'Sge,  with  power  of  sale. 

2707.  Mortgage  binding  mortgagor  to  pay  taxes  and  to  insure  property. 

2708.  B^ortgage — Deed  with  defeasance — Arizona. 

2709.  Mortgage — Grant  with  defeasance. 

2710.  Mortgage  by  a  corporation. 

2711.  Petiticn  for  mortgage  of  property  of  church  or  society. 

2713.  Oiclrr  fixing  tir-e  nnd  place  of  hearing  petition  to  mortgage  property 

of  ciiuicli  or  society. 

2714.  Order  authorizing  mortgage  to  be  given  by  church  or  society. 
2715!  Chattel  mortgage— General  form. 

2716.  Affidavit  to  chattel  mortgage  on  behalf  of  corporation. 

2717.  Cliattel  mortgage — Statutory  form — California. 

2718.  Crop  mortgage. 

2719.  Chattel  mortgage  to  secure  performance  of  lease. 

2720.  Mortgage  for  less  than  one  hundred  dollars — Washington. 

2721.  Chattel  mortgage — North  Dakota,  Oklahoma  and  South  Dakota. 
^722!  Complaint  in  an  action  to  have  a  deed  absolute  declared  a  mortgage, 

and  for  an  accounting  of  rents  and  profits. 


935  Mortgage.  Forms  2700, 2701 

2723.  Complaint  to  cfincel  deed  and  correct  mortgage. 

2724.  Answer  denying  execution  of  mortgage  by  codefendantt 

2725.  Mortgage  of  real  property— Colorado. 

2726.  Mortgage   (statutory) — Montana. 

2727.  Mortsage   (statutory) — North  Dakota. 

2728.  Mortgage   (statutory) — South  Dakota. 

CROSS-RErERENCEa 

See  Probate  Mortage. 
Mortgage  by  Administrator,  No.  3043. 
Mortgage — Notice  of  Intended  Sale  Under,  No.  2788, 
Mortgage— Partial   Release,  No.  3257. 
Mortgage — Satisfaction  of,  No.  3259. 

No.  2700.    Code  Mortgage. 

Tliis  mortgage,  made  the day  of ,  in  the  year  19—,  by , 

of ,  mortgagor,  to ,  of ,  mortgagee,  witnesseth: 

That  tlie  mortgagor  mortgages  to  the  mortgagee  ,  as  security  for 

the  payment  to  him  of dollars  ($ )  on  the day  of ,  in 

the  year  19—,  with  interest  thereon  [or  as  security  for  the  performance 
of  an  obligation,  describing  it,  etc.;  as,  for  the  payment  to  said  mort- 
gagee of  the  sum  of  dollars    ($ )   in  gold  coin  of  the  United 

States  of  America,  on  the day  of ,  19—,  with  interest  thereon 

at  the  rate  of per  cent  per  year,  according  to  the  terms  and  condi- 
tions of  a  certain  promissory  note  of  even  date  with  this  mortgage,  in 
words  and  figures  following,  to  wit  (inserting  a  copy  of  the  note)]. 

[Signature.] 

[Acknowledgment.] 

NOTE.— California,  Civ.  Code,  sec.  2948;  Montana,  Rev.  Codes  1907,  sec. 
5748. 

As  a  mortgage  must  be  recorded  to  afford  any  security  against  subsequent 
encumbrances,  and  as  the  instrument  must  be  acknowledged  or  proved  before 
it  can  be  recorded,  and  as  proof  by  a  subscribing  witness  is  sometimes  very 
inconvenient,  the  mortgage  ought  to  be  acknowledged:  See  Cal.  Civ.  Code,  seca. 
1161,  1214;  Mont.  Rev.  Codes  1907,  sees.  4040,  40S4;  and  similar  statutes  of 
other  states.     If  not  acknowledged,  lliere  should  be  a  subscribing  witness. 

No.  2701.    Mortgage— Utah. 

,  mortgagor,  hereby  mortgages  to  ,  mortgagee,  for  the  sum 

of  dollars   ($ ),  the  following  described  tract  of  land  in  

county,  : . 

This  mortgage  is  given  to  secure  the  following  indebtedness: 


The  mortgagor  agrees  to  pay  all  taxes  and  assessments  on  said  prem- 
ises, and  the  sum  of  dollars   ($ )   attorney's  fee  in  case  of 

foreclosure. 

Witness  the  hand  of  said  mortgagor  this day  of ,  19 — . 

[Signature.] 

[Acknowledgment.] 

NOTE. — When  executed  as  required  by  law,  such  mortgage  shall  have  the 
effect  of  a  conveyance  of  the  land  therein  described,  together  with  all  the  rights, 


Forms  2702, 2703        Cowdery's  Form  Book.  936 

privileges  and  appurtenances  thereunto  belonging,  to  the  mortgagee,  his  heirs, 
assigns,  and  legal  representatives,  for  the  payment  of  the  indebtedness  therein 
set  forth  with  covenant  from  the  mortgagor  that  all  taxes  and  assessments  levied 
ami  assessed  upon  the  land  described,  during  the  continuance  of  the  mortgage, 
shall  be  paid  previous  to  the  day  appointed  for  the  sale  of  such  lands  for  taxes, 
and  may  be  foreclosed  as  provided  by  law  and  with  the  same  effect,  upon  any 
default  being  made  in  any  of  the  conditions  thereof  as  to  payment  of  either 
principal,  interest,  taxes^  or  assessment:   See  Utah  Comp.  Laws  1907,  sec.  1983. 

No.  2702.    Mortgage — Washington. 

The  mortgagor,  ,  mortgages  to  ,  to  secure  the  payment  of 

• ,  the  following  described  real  estate,  namely; ,  situated  in  the 

county  of ,  state  of . 

Dated  this day  of ,  19 — . 

[Signature.] 

[Acknowledgment.] 

NOTE.— See  Wash.  Rem.  Code,  sec.  8750. 

Every  such  mortgage,  when  otherwise  properly  executed,  shall  be  deemed  and 
held  a  "good  and  sufficient  conveyance  to  secure  the  payment  of  the  money 
therein  specified.  The  parties  may  insert  in  such  mortgage  any  lawful  agree- 
ment or  condition. 

No.  2703.    Mortgage— Short  Fona— Wyoming. 

,  mortgagor,   to  secure  payment  of  ,  does  hereby  mortgage 

to  ,  mortgagee,  the  following  described  real  estate  situate  in  the 

county  of ,  state  of ,  to  wit :  . 

The  mortgagor  agrees  to  pay  all  taxes  and  assessments  on  said  prem- 
ises and  to  keep  the  buildings  thereon  insured  in  a  sum  not  less  than 

■ dollars  ($ ),  during  the  life  of  this  mortgage,  in  favor  of  and 

payable  to  the  mortgagee;  and  in  case  the  mortgagor  shall  fail  to  pay 
sucli  taxes  and  assessments,  and  to  keep  said  premises  insured  as  afore- 
said, the  mortga<ree  may  insure  said  buildings  and  pay  such  taxes  and 
assessments;  and  all  sums  so  paid  shall  be  added  to  and  considered  as 
part  of  the  above  indebtedness  hereby  secured,  and  shall  draw  interest 
at  the  same  rate. 

In  case  default  shall  be  made  in  the  payment  of  the  above  sum  hereby 
secured,  or  in  the  payment  of  the  interest  thereon,  or  any  part  of  such 
principal  or  interest,  when  the  same  shall  become  due,  or  in  case  default 
shall  be  made  in  any  of  the  covenants  and  agreements  hereof,  then  the 
whole  indebtedness  hereby  secured,  with  the  interest  thereon,  shall  be- 
come due  and  payable,  and  the  mortgagee  may  proceed,  pursuant  to  law, 
to  foreclose  and  sell  said  property,  and  out  of  the  proceeds  of  such  sale 
he  shall  pay  all  sums  due  hereunder,  together  with  all  costs  of  sale  and 

foreclosure,  including dollars  ($ ),  attorney's  fees;  and  hereby 

relinquishing  and  waiving  all  rights  under  and  by  virtue  of  the  home- 
stead exemption  laws  of  said  state. 

Dated  this  day  of ,  19 — , 

[Signature.] 

In  presence  of . 


937  Mortgage.  Form  2  r  04 

NOTE. — Every  mortgage  of  lands  which  is  snbstartially  in  the  above  form, 
and  duly  executed,  shall  be  deemed  and  held  a  good  and  sufficient  mortgage  in 
fee  to  secure  the  payment  of  the  moneys  therein  specified;  and  if  the  same  ?hall 
contain  after  the  word  "mortgage,"  where  it  first  aj-pcars  in  said  form,  the 
words  "and  warrants,"  such  mortgage  shall  be  construed  the  same,  to  all  in- 
tents and  purpose?,  as  if  full  covenants  of  seizin,  good  right  to  convoy,  against 
encumbrances,  quiet  enjoyment,  and  general  warranty  were  fully  written 
therein;  but  if  the  words  "and  warrants"  are  omitted  no  such  covenants  shall 
be  implied:   See  Wyo.  Comp.  Stats.  1910,  sec.  3667. 

No.  2704.    Mortgage  to  Secure  Promissory  Note. 

Tliis  mortgage,  dated  ou  this  day  of  ,  19 — ,  and  made  and 

executed  by  ,  of  ,  county  of  ,  state  of  ,  party  of  the 

first  part,  who  is  hereinafter  referred  to  as,  and  called,  the  mortgagor, 

to  ,  tlie  party  of  the  second  part,  hereinafter  referred  to  as,  and 

called,  tlie  mortgagee,  witnesseth: 

Whereas  the  mortgagor  has,  at  the  date  hereof,  borrowed  and  received 

from  the  mortgagee  the  sum  of dollars  ($ ),  in  gold  coin  of  the 

United  States  of  America,  and  has  agreed  to  repay  the  same,  with  in- 
terest thereon,  by  his  certain  promissory  note  of  even  date  herewith,  and 
which  is  in  the  words  and  figures  foUov/ing,  to  wit : 
[$ — — .]  [Place,  state,  and  date] 

For  value  received,  in  gold  coin  of  the  United  States  of  America,  I 

promise  to  pay  to  ,  or  order,  at  ,  state  of ,  after  the 

date  hereof,  the  principal  sum  of dollars  ($ ),  in  the  gold  coir 

aforesaid,  and  interest  on  said  sum  from  date  hereof  until  paid,  at  the 
rate  of  per  cent  per  annum  payable  ,  in  the  gold  coin  afore- 
said. This  note  is  secured  by  a  mortgage  of  even  date  herewith,  made 
by  the  undersigned  to  said . 

And  I  further  promise  and  agree  that  if  any  installment  or  part  of 
paid  interest  be  not  paid  on  the  day  when  it  falls  due,  according  to  the 
terms  hereof,  it  shall  then  and  thereupon  be  added  to  and  become  a  part 
of  the  principal,  and  sliall  bear  interest  from  the  day  on  which  it  falls 
due  until  paid,  at  the  same  rate  as  said  principal  sum,  payable  monthly, 
and  if  not  so  paid  to  compound;  that  upon,  and  at  any  time  during, 
default  in  the  payment  of  said  interest,  or  of  any  installment  or  ]-)art 
thereof,  the  whole  of  said  principal  sum,  or  so  much  tliereof  as  then 
remains  unpaid,  shall,  at  the  option  of  the  holder  of  this  note,  but  not 
otherwise,  become  and  be  immediately  due  and  pa,yable;  and  that  notice 
of  the  exercise  of  such  option  is  hereby  expressly  waived. 

[Signature.] 

Now,  therefore,  the  mortgagor,  for  the  purpose  of  securinir  the  repay- 
ment of  the  said  sum  so  borrowed  and  interest  thereon,  according  to  tlie 
terms  of  said  promissory  note,  and  also  for  the  purpose  of  securing  the 
payment,  according  to  the  provisions  and  conditions  hereof,  of  all  otlier 
indebtedness  and  sums  of  money  herein  provided  to  be  paid,  and  the 
discharge  and  performance  of  each  and  every  obligation  hereby  imposed 
upon  the  mortgagor,  does  hereby  mortgage  unto  the  mortgagee  all  that 


Form  2705  Cowdery's  Form  Book.  938 

certain  real  property  situated  in  the  county  of •,  state  of ,  and 

which  is  particularly  described  as  follows,  to  wit:  . 

Witness  my  hand  this  day  of  ,  19 — . 


[Acknowledgment.] 


[Signature.] 


No.  2705.    Mortgage  to  Seciire  Money  Payable  in  Installments. 

This  mortgage,  made  the day  of ,  19—,  by  ,  hereinafter 

called  the  party  of  the  first  part,  to  ,  hereinafter  called  the  party 

of  the  second  part,  witnesseth: 

That  the  said  party  of  the  first  part,  for,  and  in  consideration  of  the 

g^im  of dollars  ($ ),  current  lawful  money  of  the  United  States 

of  America,  to  him  in  hand  paid,  the  receipt  whereof  is  hereby  acknowl- 
edged, does,  by  these  ptesents,  mortgage  to  the  party  of  the  second  part, 

all  that  certain  land  in  the  county  of ,  state  of ,  bounded  and 

particularly  described  as  follows,  to  wit:  ; 

Together  with  all  the  tenements,  hereditaments  and  appurtenances 
thereunto  belonging,  and  the  rents,  issues  and  profits  thereof. 

This  mortgage  is  intended  to  secure  the  payment  of  a  certain  promis- 
sory note  of  even  date  herewith,  in  words  and  figures  as  follows : 
[$12,000.]  [Place  and  date.] 

One  year  after  date,  for  value  received,  I  promise  to  pay  to  ,  or 

order,  at the  sum  of  twelve  thousand  dollars  ($12,000),  in  current 

lawful  money  of  the  United  States  of  America,  in  twelve  monthly  install- 
ments, to  wit,  the  sum  of  one  thousand  dollars  ($1,000)  on  the day 

of ,  19 — ,  and  the  like  sum  on  the  day  of ,  19 — ,  in  each 

of  the  months  following,  until  the  whole  shall  have  been  paid,  with  in- 
terest thereon  at  the  rate  of  per  cent  per  annum,  the  interest  on 

each  installment  being  payable  when  it  becomes  due,  and,  if  not  then 
paid,  to  bear  interest  at  the  same  rate  as  the  principal,  both  principal 
and  interest  being  payable  in  like  current  lawful  money  of  the  United 
States  of  America. 

[Signature.] 

This  mortgage  is  also  intended  to  secure,  and  does  hereby  secure,  the 
payment  of  all  liens,  encumbrances,  charges  and  the  counsel  fee  herein 
mentioned;  said  counsel  fee  to  become  payable  and  be  allowed  if  suit 
be  commenced  to  foreclose  this  mortgage. 

In  case  default  be  made  in  the  payment  of  the  said  principal,  or  any 
installment  thereof,  or  any  installment  of  interest,  as  provided  in  said 
promissory  note,  then  the  whole  sum  of  principal  and  interest  shall  be 
due  at  the  option  of  the  said  party  of  the  second  part,  or  assigns,  and 
suit  may  be  immediately  brought  and  a  decree  be  had  to  sell  the  said 
premises,  with  all  and  every  of  the  appurtenances,  or  any  part  thereof, 
in  the  manner  prescribed  by  law,  and  out  of  the  money  arisins:  from 
Buch  sale,  to  retain  the  said  principal  and  interest,  although  the  time  for 
payment  of  said  principal  sum  may  not  have  expired,  together  with  the 


939  Mortgage.  Form  2706 

costs  and  charges  of  making  such  sale,  and  of  suit  for  foreclosure,  in- 
cluding counsel  fees  at  the  rate  of per  cent  upon  the  amount  which 

may  be  found  to  be  due  for  principal  and  interest  by  the  said  decree, 
and  also  the  amounts,  both  prinr-ipal  and  interest,  of  all  such  pnymcnts 
of  liens  or  other  encumbrances  as  may  have  been  made  by  said  party  of 
the  second  part,  by  reason  of  the  permissions  hereinafter  given,  and  the 
overplus,  if  any  there  be,  shall  be  paid  by  the  party  making  such  sale, 
on  demand,  to  the  said  party  of  the  first  part,  his  heirs,  executoi-s,  admin- 
istrators or  assigns. 

And  it  is  hereby  agreed  that  the  said  party  of  the  second  part,  his 
heirs,  executors,  administrators,  or  assigns,  may  pay  and  discharge  at 
maturity  all  liens  or  other  encumbrances  now  subsisting  or  hereafter  to 
be  laid  or  imposed  upon  said  lot  of  land  and  premises,  excepting  for 
taxes  and  other  assessments  levied  or  assessed  upon  this  mortgage,  or 
upon  the  money  secured  hereby,  and  which  may  be  in  effect  a  charge 
thereupon;  and  such  payments  shall  be  allowed,  with  interest  thereon 

at  the  rate  of per  cent  per  year;  and  such  payments,  and  interest, 

and  the  counsel  fees,  costs  and  other  expenditures  mentioned  in  this 
mortgage,  shall  be  considered  as  secured  by  these  presents,  and  shall  be 
a  charge  and  preferred  lien  upon  said  premises,  and  shall  be  repayable 
in  the  same  kind  of  money  or  currency  in  which  the  same  may  have 
been  paid,  and  may  be  deducted  from  the  proceeds  of  the  sale  above 
authorized. 

Witness  my  hand  [etc.]. 

[Signature.] 

[Acknowledgment.] 

No.  2706.    Mortgage,  With  Power  of  Sale. 

This  mortgage,  made  this  day  of  ,  19—,  by  .  of  , 

mortgagor,  to ,  of ,  mortgagee,  witnesseth : 

That  said  mortgagor  does  hereby  convey,  hypothecate  and  mortgage 

to  said  mortgagee  all  that  real  property  situated  in  the  county  of , 

state  of ,  described  as  follows:  ; 

Tojrether  with  all  improvements  thereon  and  appurtenances  thereto, 
and  also  all  land  adjacent  thereto  inclosed  or  occupied  by  fences  or  struc- 
tures partly  on  the  above-described  property,  and  used  in  connection 
therewith. 

As  security  for  the  pajnnent  by  said  mortgagor  to  said  mortgagee  of 

the  sum  of  dollars   ($ ),  one  year  after  the  date  hereof,  with 

interest  thereon  at  the  rate  of  seven  per  cent  per  annum  according  to 
the  terms  of  a  promissory  note  of  even  date  herewith,  executed  and  de- 
livered by  said  mortgagor  to  the  mortgagee,  which  sum  said  mortgagor 
hereby  acknowledges  to  have  borrowed  and  received  from  said  mort- 
gagee; and  also  as  security  for  the  discharge  and  performance  of  all 
obligations  and  promises  on  the  part  of  the  mortgagor  herein  contained : 

Said  mortgagor  hereby  promises  to  pay  the  sum  specified  in  said  prom- 
issory note,  according  to  the  terms  thereof;  and  also  to  pay  and  dis- 


Form  2706  Cowdery's  Forj.i  Book.  94U 

charge,  at  maturity,  all  taxes,  assessments,  liens,  or  encumbrances,  now 
subsisting  or  which  may  hereafter,  during  the  continuance  hereof,  be 
laid  or  become  a  charge  on  the  above-described  property,  or  any  part 
tliereof,  except  taxes  which  may  be  imposed  on  this  mortgage  or  the 
debt  hereby  secured;  also  that  he  will  keep  the  buildings  now  or  here- 
after to  be  erected  on  said  property  insured  against  loss  by  fire,  in  some 
company  to  be  approved  by  said  mortgagee,  in  a  sum  not  less  than  tliat 
hereby  secured,  loss,  if  any,  payable  to  the  mortgagee;  and  if  said  mort- 
gagor shall  fail  or  neglect  to  pay  and  discharge  the  taxes,  liens  and 
encumbrances,  or  to  effect  the  insurance  as  above  provided,  then  said 
mortgagee  is  hereby  empowered,  for  the  account  of,  and  without  notice 
to,  said  mortgagor,  to  pay  and  discharge  any  and  all  such  taxes,  liens 
and  encumbrances,  and  to  effect  such  insurance;  and  all  money  paid  by 
said  mortgagee  under  any  provision  hereof  shall  be  immediately  repay- 
able by  the  mortgagor,  and,  with  interest  thereon  at  the  rate  specified 
in  said  promissory  note,  shall  be  secured  hereby. 

And  said  mortgagee  is  hereby  empowered  during  the  continuance 
Iiereof,  to  commence  and  prosecute,  or  to  defend,  or  to  compromise  and 
settle,  any  suit  or  judicial  proceeding,  affecting  the  title  or  right  of  pos- 
session to  the  above-described  property,  or  which  he  may  deem  necessary 
or  proper  for  the  protection  or  security  of  the  title  thereto  or  his  in- 
terest therein;  and  to  employ  and  to  pay  counsel  and  attorneys  for  any 
of  the  above  purposes;  and  any  money  paid,  or  expense  incurred,  by 
said  mortgagee,  or  the  holder  hereof,  under  this  provision  shall  be  repaid 
by  the  mortgagor,  and,  with  interest  thereon  from  the  date  of  payment, 
at  the  rate  siJceificd  in  said  promissory  note,  is  hereby  secured. 

If  default  is  made  in  the  payinent  of  said  promissory  note,  or  the  in- 
terest thereon,  according  to  the  terms  thereof,  or  if  a  breach  be  made 
of  any  obligation  for  which  this  mortgage  is  a  security,  then  said  mort- 
gagee is  hereby  empowered,  at  any  time  after  the  breach  of  such  obliga- 
tion, to  sell  and  convey  the  mortgaged  property  at  public  auction,  after 
such  notice,  for  such  price  and  on  such  terms  as  the  mortgagee  may 
deem  proper,  and  to  apply  the  proceeds  of  sale  in  payment  of  the  ex- 
penses of  such  sale,  and  of  all  sums  due  from  the  mortgagor  on  said 
promissory  note,  or  under  any  provision  hereof,  and  an  attorney's  fee 
of  two  (2)  per  cent  of  the  amount  due  on  said  promissory  note,  for  legal 
service  and  advice  to  the  mortgagee  in  the  matter  of  making  said  sale, 
which  fee  said  mortgagor  hereby  agrees  to  pay,  and  the  same  is  hereby 
secured;  and  the  overpbis  of  said  proceeds  of  sale,  if  any,  shall  be  paid 
to  said  mortgagor.  Or,  if  default  or  a  breach  of  any  obligation  for 
which  this  mortgage  is  a  security  be  made  as  aforesaid,  said  mortgagee, 
at  his  option,  is  hereby  empowered  to  foreclose  this  mortgage  by  suit  or 
other  proper  proceeding  in  court,  at  any  time  after  such  default  or 
breach;  and,  if  any  such  suit  or  proceeding  be  brought,  there  shall  be 
due  to  the  plaintiff  therein,  on  the  commencement  thereof,  a  sum  equal 
to  five  (5)  per  cent  of  the  amount  then  due  on  said  promissory  note,  as 


941  Mortgage.  Form  2707 

a  counsel  fee  in  said  suit,  and  also  the  necessary  costs  and  charges  for 
making  or  continuing  any  search  or  abstract  of  title  required  to  com- 
mence said  suit,  all  of  wliich  sums  are  hereby  secured  and  shall  be  paid 
to  the  mortgagee  from  the  proceeds  of  any  foreelosnrc  sale  hereof. 
Witness  the  liand  of  said  mortgagor  hereunto  set  the  day  and  year 

first  above  written. 

[Signature.] 

[Acknowledgment.] 

NOTE. — A  power  of  sale  may  be  conferred  by  a  mortgage  upon  the  mort- 
gagee or  any  other  person,  to  be  exercised  after  a  breach  of  the  obligation  for 
which  the  mortgage  is  a  security:  See  Cal.  Civ.  Code,  see.  2932,  and  similar 
statutes  of  other  states. 

No.  2707.    Mortgage  Binding  Mortgagor  to  Pay  Taxes  and  to  Insure 
Property. 
This  mortgage,  made  this  day  of  ,  19—,  by  ,  of  , 

mortgagor,  to ,  of ,  mortgagee,  witnesseth : 

That  said  mortgagor  does  hereby  mortgage  to  said  mortgagee  all  that 

real  property  situate  in  the  county  of ,  state  of ,  described  as 

follows:  ; 

As  security  for  the  performance  and  discharge  of  all  promises  and 
obligations  by  said  mortgagor  herein  contained,  and  for  the  payment  by 

him  to  said  mortgagee  of  the  sum  of dollars  ($ ),  with  interest 

thereon  according  to  the  terms  of  a  promissory  note  of  even  date  here- 
with in  words  and  figures  following,  to  wit:  . 

Said  mortgagor  hereby  promises  to  pay  to  the  mortgagee  the  sum 
specified  in  said  promissory  note  according  to  the  terms  thereof;  and 
also  that  he  will  pay  and  discliarge,  at  maturity,  all  taxes,  assessments, 
and  encumbrances  now  subsisting,  or  which  may  hereafter,  during  the 
continuance  hereof,  be  laid  or  imposed  upon  said  property,  or  any  part 
thereof,  or  any  interest  of  the  mortgagee  therein,  or  upon  said  promis- 
sory note,  or  the  indebtedness  hereby  secured;  and  that  he  will  keep 
the  buildings  now  or  hereafter  to  be  erected  on  said  premises  insured 
against  loss  by  fire  for  at  least  the  amount  hereby  secured,  loss,  if  any, 
payable  to  the  mortgagee;  and  if  said  mortgagor  shall  fail  or  neglect 
to  pay  said  taxes,  assessments  or  encumbrances,  or  to  effect  the  insur- 
ance as  herein  promised  by  him,  then  said  mortgagee  is  hereby  given 
the  right  to  pay  and  discharge  said  taxes,  assessments,  or  encumbrances, 
or  to  effect  such  insurance,  without  notice  to  the  mortgagor,  and  any 
sums  paid  by  the  mortgagee  for  any  of  the  above  purposes  shall  at  once 
become  an  indebtedness  from  the  mortgagor  to  him,  and  be  immediately 
repayable  by  said  mortgagor,  and  shall,  with  interest  thereon  at  the  rate 
specified  in  said  promissory  note,  be  secured  hereby. 

Witness  the  hand  of  the  mortgagor  hereunto  set  the  day  and  year  first 

above  written. 

[Signature.] 

[Acknowledgment.] 


Forms  2708, 2709        Cowdery's  Form  Book.  942 

No.  2708.    Mortgage — Deed  With  Defeasance — Arizona. 

For  the  consideration  of  dollars    ($ — — ),  I  hereby  convey  to 

,  the  following:  tract  of  real  estate, j  to  be  void  upon  condition 

that  I  pay  [etc.]. 

Dated  the  day  of ,  19 — , 

[Signature.] 

[To  be  acknowledged.] 

No.  2709.    Mortgage — Grant  With  Defeasance. 

This  mortgage,  made  this  day  of  ,  19 — ,  by  ,  of  , 

mortgagor,  to  ,  of  ,  mortgagee,  witnesseth : 

That  said  mortgagor,  for  the  consideration  hereinafter  stated,  does 
hereby  grant,  bargain,  sell  and  convey  unto  said  mortgagee,  and  his 
heirs  and  assigns,  all  that  land  and  real  property  situate  in  the  county 
of ,  state  of ,  described  as  follows:  ; 

Together  with  all  tenements  and  appurtenances  thereunto  belonging. 

To  have  and  to  hold  the  above  described  land  and  premises,  by  way 

of  mortgage  to  secure  the  payment  of  the  sum  of dollars  ($ ), 

with  interest  thereon  according  to  the  terms  of  a  promissory  note  of 
even  date  herewith,  executed  and  delivered  by  said  mortgagor  to  tlie 
mortgagee,  which  sum  said  mortgagor  acknowledges  to  have  borrowed 
and  received  from  the  mortgagee;  and  also  to  secure  the  payment  of  all 
other  moneys,  and  the  discharge  of  all  other  obligations,  by  said  mort- 
gagor herein  agreed  to  be  paid  and  discharged. 

If  all  money  specified  in  said  promissory  note,  with  the  interest 
thereon,  according  to  the  terms  thereof,  shall  be  fully  paid  at  the  time 
and  in  the  manner  therein  required,  and  if  all  promises  and  obligations 
of  the  mortgagor  herein  contained  shall  be  fully  kept  and  discharged, 
then  this  instrument  shall  become  void,  and  all  estate  hereby  granted 
shall  cease  and  determine. 

But  if  defa\dt  be  made  in  the  payment  of  any  part  of  the  principal 
sum  expressed  in  said  promissory  note,  or  the  interest  thereon,  accord- 
ing to  the  terms  thereof,  or  in  the  discharge  of  any  obligation  herein 
required  by  said  mortgagor  to  be  discliarged,  then  the  wliole  principal 
sum  named  in  said  promissory  note,  with  the  interest  accrued  thereon, 
shall,  at  the  option  of  the  holder  of  said  promissory  note,  immediately 
become  due  and  payable;  and  upon  any  such  default  made,  the  mort- 
gagee or  holder  of  said  promissory  note  may  commence  proper  judicial 
proceedings  to  foreclose  this  mortgage;  and  the  institution  of  any  sucli 
proceeding  shall  be  deemed  conclusive  evidence  of  the  due  exercise  of 
the  option  to  consider  the  said  principal  sum  and  interest  thereon  due. 

Said  mortgagor  promises  to  pay  the  principal  sum  specified  in  said 
promissory  note,  with  interest  thereon  according  to  the  terms  thereof; 
and  also  to  pay  and  discharge  at  maturity  all  taxes,  assessments,  liens, 
and  encumbrances  now  subsisting  or  which  may  during  the  continuance 
hereof  be  laid  or  imposed  upon  the  mortgaged  premises,  except  taxes  on 


S13  Mortgage.  Form  2709 

tliis  mortgajje  or  the  money  or  debt  hereby  secured;  also  that  he  will 
keep  the  buildings  now  or  hereafter  to  be  erected  on  said  premises^  dur- 
ing the  existence  hereof,  insured  against  loss  by  fire  in  an  amount  not 

less  than  dollars  ($ ),  in  some  company  to  be  approved  bj'  tlie 

mortgagee,  loss,  if  anj-,  payable  to  the  mortgagee;  and,  if  said  mort- 
gagor shall  fail  or  neglect  to  pay  the  taxes,  assessments,  liens  and  encum- 
brances, or  to  effect  the  insurance  as  above  specified,  said  mortgagee 
is  hereby  empowered  to  make  such  payments  and  to  effect  such  insur- 
ance, for  the  account  of,  and  without  demand  on,  or  notice  to,  the  mort- 
gagor, and  to  pay  and  expend  all  money,  by  said  mortgagee,  deemed 
necessary  for  any  such  purpose;  and  any  money  paid  by  the  mortgagee 
under  this  provision  sliall  be  deemed  a  debt  due  from  the  mortgagor, 
and,  with  interest  tlierecn  from  the  date  of  payment,  at  the  rate  speci- 
fied in  said  promissory  note,  is  hereby  secured. 

If,  during  the  existence  of  this  mortgage,  any  suit  or  proceeding  be 
commenced,  or  is  pending,  affecting  the  mortgaged  property,  or  the  title 
thereto,  or  the  possession  thereof,  or  any  claim  tliereto  be  asserted  ad- 
verse to  either  party  hereto,  said  mortgagee,  without  notice  to  the  mort- 
gagor, is  hereby  empowered  to  employ  counsel,  and  to  appear  and  contest 
such  suit  or  proceeding,  or  to  settle  or  to  compromise  such  adverse  claim, 
or  to  take  such  action  as  he  may  be  advised,  and  to  pay  and  to  expend 
any  money  by  him  deemed  necessary  or  proper  for  any  such  purpose; 
and  any  money  paid  or  expense  incurred  by  said  mortgagee,  under  this 
provision,  shall  be  deemed  a  debt  due  from  the  mortgagor,  and  be  secured 
herebj^,  with  interest  thereon,  at  the  rate  specified  in  said  promissory 
note,  from  the  date  of  pajmient. 

In  case  of  any  suit  brought  to  foreclose  this  mortgage,  there  shall  be 
due  from  the  mortgagor  to  the  plaintilf  in  said  action,  on  the  commence- 
ment thereof,  and  said  mortgagor  hereby  agrees  to  pay,  the  sum  of 

dollars   ($ )   as  counsel  fees  in  said  action;  and  also  all  sums  paid 

and  expenses  incurred  in  making  or  continuing  any  search  or  abstract 
of  the  title  to  said  premises  required  for  the  purpose  of  bringing  said 
foreclosure  suit.  And  said  counsel  fees  and  costs  of  search,  and  also 
all  monej^s  paid  by  said  mortgagee  under  any  provision  hereof,  are 
hereby  secured. 

Witness  the  hands  of  said  mortgagor  and  mortgagee  hereunto  set  the 
day  and  year  first  above  written. 

[Signatures.] 
[To  be  acknowledged.] 

NOTE. — The  above  grant  and  defeasance  constitute  a  mortgage.  The  de- 
feasance may  be  in  a  separate  instrument,  but  the  grant  is  not  defeated  or 
affected  as  against  any  person  other  than  the  grantee  or  his  heirs  or  devisees, 
or  persons  having  actual  notice,  unless  the  instrument  of  defeasance,  duly 
executed  and  acknowledged,  shall  have  been  recorded  in  the  office  of  the  county 
recorder  of  the  county  where  the  property  is  situated :  See  Gal.  Civ,  Code,  sec. 
2950.  If  a  mortgage  is  made  by  deed  absolute  upon  its  face,  and  defeasance, 
in  a  separate  instrument,  executed  by  the  grantee,  is  not  acknowledged  by  the 
grantee,  but  is  acknowledged  and  recorded  simply  by  the  grantor,  a  bona  fid» 


Form  2710  Cowdery's  Form  Book.  944 

purchaser  from  the  mortgagee  for  value,  without  actual  notice  of  the  defeas- 
ance, or  of  the  fact  that  the  deed  was  intended  as  a  mortgage,  is  protected: 
See  Carpenter  v.  Lewis,  119  Cal.  18,  21,  50  Pac.  925;  Payne  v.  Moray,  144  Cal. 
130,  77  Pac.  831. 

No.  2710.    Mortgage  by  a  Corporation. 

This  mortgage,  made  the day  of ,  19 — ,  by  the company, 

a  corporation  organized  and  doing  business  under  the  laws  of  the  state 

of  ,  and  having  its  principal  place  of  business  at  ,  county  of 

,  state  of  ,  and  hereinafter  called  the  party  of  the  first  part, 

to  ,  of  the  same  place,  hereinafter  called  the  party  of  the  second 

part,  witnesseth: 

That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the 

sum  of dollars  ($ ),  current  lawful  money  of  the  United  States 

of  America,  to  it  in  hand  paid,  the  receipt  whereof  is  hereby  acknowl- 
edged, does,  by  these  presents,  mortgage  to  the  said  party  of  the  second 
part  all  that  certain  land,  with  the  improvements  thereon,  in  the  county 

of  ,  state  of  ,  bounded  and  particularly  described  as  follows, 

to  wit:  ; 

Together  with  all  the  tenements,  hereditaments  and  appurtenances 
thereunto  belonging,  and  the  rents,  issues  and  profits  thereof. 

This   mortgage   is   intended   to   secure   the   payment   of   dollars 

($ ),  which  the  party  of  the  second  part  has  loaned  to  the  party  of 

the  first  part,  upon  its  promissory  note  for  said  amount,  dated  , 

19 — ,  and  payable  after  date  thereof,  in  current  laAvful  money  of 

the  United  States  of  America,  with  interest  at  the  rate  of  per  cent 

a  year  until  paid,  the  said  interest  to  be  paid  annually  on  the day 

of—-. 

This  mortgage  is  also  intended  to  secure,  and  does  hereby  secure,  the 
payment  of  all  liens,  encumbrances,  charges,  and  the  counsel  fees  herein 
mentioned ;  said  cour.sel  fees  to  become  payable  and  be  allowed  if  suit 
be  commenced  to  foreclose  this  mortgage. 

In  case  default  be  made  in  the  payment  of  the  said  principal,  or  any 
installment  of  interest,  as  provided,  then  the  whole  sum  of  principal  and 
interest  shall  be  due  at  the  option  of  the  said  party  of  the  second  part, 
or  assigns ;  and  suit  may  be  immediately  brought  and  a  decree  be  had  to 
sell  the  said  premises,  with  all  and  every  of  the  appurtenances,  or  any 
part  thereof,  in  the  manner  prescribed  by  law,  and  out  of  the  money 
arising  from  siich  sale,  to  retain  the  said  principal  and  interest,  although 
the  time  for  payment  of  said  principal  sum  may  not  have  expired,  to- 
gether with  the  costs  and  charges  of  making  such  sale,  and  of  suit  for 

foreclosure,  including  counsel  fees  at  the  rate  of per  cent  upon  the 

amount  which  may  be  found  to  be  due  for  principal  and  interest,  by  the 
said  decree,  and  also  the  amounts,  both  principal  and  interest,  of  all  such 
paAnnents  of  liens  or  other  encumbrances  as  may  have  been  made  by  the 
said  party  of  the  second  part;  by  reason  of  the  permission  hereinafter 
given;  and  the  overplus,  if  any  there  be,  shall  be  paid  by  the  part.y  mak- 
ing such  sale,  on  demand,  to  the  said  party  of  the  first  part,  or  its  as- 
sigrns. 


945  Mortgage.  Form  2711 

And  it  is  hereby  agreed  that  the  said  party  of  the  second  part,  his 
heirs,  executors  or  assigns,  may  pay  and  discharge  at  maturity  all  liens 
or  other  encumbrances  now  subsisting  or  hereafter  to  be  laid  or  imposed 
upon  said  lot  of  land  and  premises,  excepting  for  taxes  and  other  assess- 
ments, levied  or  assessed  upon  this  mortgage,  or  upon  the  money  secured 
hereby,  and  which  may  be  in  effect  a  charge  thereupon ;  and  such  pay- 
ments shall  be  allowed  with  interest  thereon  at  the  rate  of per  cent 

per  annum ;  and  such  payments,  and  interest,  and  the  counsel  fees,  costs, 
and  other  expenditures  mentioned  in  this  mortgag-e  shall  be  considered 
as  secured  by  these  presents,  and  shall  be  a  charge  and  prefeiTcd  lieu 
upon  said  premises,  and  shall  be  repayable  in  the  same  kind  of  money  or 
currency  in  which  the  same  may  have  been  paid,  and  maj'  be  deducted 
from  the  proceeds  of  the  sale  above  authorized. 

In  witness  whereof  the  said  party  of  the  first  part,  by  resolution  of  its 

board  of  directors  passed  on  the day  of ,  19 — ,  has  caused  these 

presents  to  be  subscribed  by  its  president  and  secretary,  and  its  corpo- 
rate name  and  seal  to  be  hereunto  afl&xed,  the  day  and  year  first  above 
written. 

[Signature.] 

[Corporate  Seal]  By  ,  President. 

,  Secretary. 

[Acknowledgment.] 

No.  2711.    Petition  for  Mortgage  of  Property  of  Church  or  Society. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  the Court  of  the  County  of ,  State  of -. 

Your  petitioner  respectfully  represents: 

That  it  is  a  religious  coii^oration,  duly  incoi^porated  according  to  the 
provisions  of  the  laws  of  this  state,  under  the  corporate  name  of . 

That  it  is  seised  and  possessed  of  certain  real  estate  situated  in  said 

county  of ,  bounded  and  described  as  follows,  namely:   [Description 

of  property.] 

That , ,  and are  the  present  trustees  of  said  church ;  and 

that is  president,  and is  secretary  of  said  board  of  trustees. 

That  there  is  erected  and  now  standing  and  being  upon  said  lot  a  largo 
and  valuable  building,  used  by  said  church  and  tlie  congregation  con- 
nected therewith  for  stated  meetings  for  religious  worship. 

That  the  said  coi-poration  is  now  indebted  in  the  sum  of  about  

dollars  ($ ),  which  indebtedness  has  been  contracted  for  the  improve- 
ment of  said  property  and  the  benefit  of  said  church  and  congregation. 

That  the  immediate  necessities  of  said  church  and  coi-poration  require 
that  said  trustees  should  have  at  tlieir  disposal,  for  the  meeting  of  the 
necessities  of  said  church   and  congi-egation,  tlie  sum  of  dollars 

That  they  have  no  money  whatever  on  hand  belonging  to  said  coa-po- 
.  ration. 

Form  Book — 60 


Form  2711  Cowd^ry's  Form  Book.  91G 

Tliat  tlie  current  receipts  are  about  sufficient  to  meet  the  euiTent  ex- 
penses  of  said  church,   and  the  interest  on  the   sum   of  dollars 

($ ),  at  the  rate  of per  cent  per  month. 

That  youir  petitioner  can  procure  the  said  sum  of dollars  ($ ) 

for  the  period  of  one  year,  with  the  privilege  of  continuing  the  same 

for  two  yeaxs,  at  the  rate  of per  cent  per  month  interest,  and  that 

your  petitioner  is  unable  to  obtain  the  same  at  any  less  rate  of  interest, 
otr  on  any  more  favorable  terms  than  above  named. 

And  that  it  would  be  for  the  benefit,  interest  and  advantage  of  said 
diurch  and  congi-egation  that  said  loan  should  be  made,  and  said  note 
and  mortgage  executed. 

Wherefore  your  petitioner  prays  that  an  order  may  be  made  by  this 
ooui't  for  the  mortgaging  of  said  real  estate  to  secure  the  payment  of 

such  loan,  not  exceeding dollars  ($ ),  as  it  can  effect  for  the 

period  of  one  year  or  longer,  not  exceeding  two  years,  at  a  rate  of 

interest  not  exceeding  per  cent  per  month;  and  also  allowhig  it  to 

make  and  deliver  with  said  mortgage  a  promissory  note,  under  its  cor- 
porate seal  and  in  its  corporate  name,  for  the  said  sum  so  obtained  as 
aforesaid,  to  any  person  furnishing  said  sum  of  money  as  aforesaid. 

Dated ,  19—. 


[Verification.] 


,  Petitioner. 

By  ^ . 


Note. — Arizona,  Rev.  Stats.  1913,  par.  2126;  Calif oniia.  Civ.  'Code.  see.  598; 
Colorado,  Mills'  Ann.  Stats.  3912,  sec.  1137;  Idaho,  Rev.  CoiV's  1907,  see. 
3015;  Montana,  Rev,  Codes  1907,  sec.  4229;  Utah,  Comp.  Laws  1907,  sec. 
350x3;  Washington,  Rem.  Code,  sec.  3758. 

The  title  may  be:  In  the  Matter  of  the  Application  of  the  Trustees  of 

the  [naming  the   church   or  society  in  full]    for  Power   to  Mortgage 

[etc.]. 

Religious  and  other  corporations,  not  organized  for  pecuniary  profit,  may 
mortgage  or  sell  real  pro^ierty  held  by  them,  upon  obtaining  an  order  for 
that  purpose  from  the  superior  court  held  in  the  county  in  which  the  prop- 
erty is  situated.  Before  making  the  order,  proof  must  be  made  to  the  satis- 
faction of  the  court  that  notice  of  the  application  for  leave  to  mortgage  or 
to  sell  has  been  given  by  keeping  conspicuously  posted  for  a  period  of  ten 
days  copies  of  the  order  fixing  the  time  and  place  of  hearing:  1.  On  the 
property  affected;  2.  At  the  place  where  the  court  is  held;  3.  Any  other 
public  place  in  the  county  where  the  said  court  shall  direct;  and  that  it  is 
to  the  interest  of  the  corporation  that  leave  should  be  granted  as  prayed 
for.  The  application  must  be  made  by  petition  and  any  member  of  the 
corporation  may  oppose  the  granting  of  the  order  by  affidavit  or  otherwise. 


947  Mortgage.  Forms  271J,.  2 1  i-i 

No.  2713.     Order  Fixing  Time  and  Place  of  Hearing  Petition  to 
Mortgage  Property  of  Church  or  Society. 

[Title  of  Court  and  Causa] 

On  reading  the  petition  of ,  the  corporation  organized  under  the 

provisions  of  title  12  of  part  IV  of  the  Civil  Code  of  California,  pray- 
ing leave  to  mortgage  the  following  described  property;  [Here  insert 
description.] 

It  is  ordered  tliat  said  petition  be  set  for  hearing  before  this  eomt 

at  the  coui-troom  thereof  at  in  the  countj^  of  ,  on  ,  the 

day  of  ,  19 — ,  at  the  hour  of  o'clock,  — M.,  and  it  is 

furtlier  ordered  that  notice  of  said  application  be  given  by  posting  and 
keeping  conspicuously  posted  for  a  period  of  ten  days,  copies  of  this 
order : 

1.  On  the  property  affected. 

2.  At  the  place  where  this  coui't  is  held, 

3.  At . 

Dated  this day  of ,  19 — . 

,  Judge  of  the  Superior  Court. 

No.  2714.    Order  Authorizing  Mortgage  to  be  Given  by  Church 
or  Society. 

[Title  of  Court  and  Cause.] 
In  the   above-entitled  matter,  on  reading  and  filing  the  petition  of 

,  and  it  satisfactorily  appearing  to  the  coiu't  therefrom,  and  the 

evidence  adduced  in  support  thereof,  that  it  will  be  to  the  benefit, 
interest,  and  advantage  of  such  church  and  congregation  to  grant  the 
])rayer  of  said  petition,  and  it  also  satisfactorily  appearing  to  the 
court,  by  competent  proof,  that  due  notice  of  this  application  has  been 
faithfully  given  by  keeping  conspicuously  posted  for  a  period  of  ten 
days  copies  of  the  order  fixing  the  time  and  place  of  hearing — 

1.  On  the  property  affected. 

2.  At  the  place  where  the  court  is  held. 

3.  . 

Now,  therefore,  on  application  of  said  ,  by  their  attorney,  , 

it  is  ordered  that  the  said  may  make,  execute  and  acknowledge, 

under-  and  in  the  coii^orate  name  and  seal  of  said  ,  a  mortgage 


Form  2715  CovroEUY's  Form  Book.  948 

upon  the  property  described  in  said  petition  to  secure  the  papnent  of 
such  sum,  not  exceeding dollars  ($ ),  as  it  can  obtain. 

And  it  is  further  ordered  that  the  said  coi-poration  do  execute  and 
deliver  with  such  mortgage  a  promissory  note  for  such  amount  as  afore- 
said, under  its  coi-porate  name. 

And  it  is  fua'ther  ordered  that  said  ,  on  receiving  said  sura  of 

money  as  aforesaid,  shall  appropriate  the  same,  or  so  much  thereof 
as  may  be  necessary  for  that  pm-pose,  to  the  payment  of  the  present 
indebtedness  of  said  corporation  and  church;  and  if  any  balance  remain 
after  the  payment  of  such  debts,  it  shall  be  used,  under  the  direction 
of  its  ti-ustees,  for  the  benefit  of  said  ehurch. 

Done  in  open  court  this day  of ,  19 — . 

f  Judge  of  the  Superior  Court. 

No.  2715.    Chattel  Mortgage— General  Form. 

This  mortgage,  made  the day  of ,  19—,  by ,  of ,  by 

occupation  a  ,  mortgagor,  to  ,  of  ,  by  occupation  a  , 

mortgagee,  witnesseth : 

That  said  mortgagor  does  hereby  mortgage  to  the  mortgagee  all  that 
personal  property  now  at ,  in  the  county  of ,  state  of ,  de- 
scribed as  follows :  ,  as  security  for  the  payment  to  said  mortgagee 

of  the  sum  of dollars  ($ ),  on  the day  of ,  19—,  with 

interest  thereon  at  the  rate  of per  cent  per ,  according  to  the 

terms  of  a  promissory  note  of  even  date  herewith,  executed  and  delivered 
by  said  mortgagor  to  the  mortgagee;  and  also  as  security  for  the  dis- 
ciiarge  and  performance  of  all  obligations  and  promises  by  said  mort- 
gage herein  contained. 

Said  mortgagor  promises  to  pay  said  sum  of  dollars    ($ ), 

with  interest  thereon,  at  the  time  and  in  the  manner  specified  in  said 
promissory  note;  and  also  that  he  will,  during  the  continuance  liereof, 
keep  the  mortgaged  property  in  good  condition  and  repair;  and  that  he 
will  not  remove,  nor  permit  to  be  removed,  any  part  of  said  property 
from  the  above  premises  without  the  written  consent  of  the  mortgagee ; 
also  that  he  will,  during  the  continuance  hereof,  keep  the  mortgaged 
property  insured  against  loss  by  fire  in  some  company  which  shall  be 

satisfactory  to  the  mortgagee,  in  an  amount  not  less  than  dollars 

($ ),  loss,  if  any,  payable  to  the  mortgagee,  as  his  interest  may 

appear. 

And  said  mortgagor  hereby  declares  and  warrants  to  the  mortgagee 
that  he  is  the  absolute  owner,  and  in  possession,  of  all  said  mortgaged 
property,  and  that  the  same  is  free  and  clear  of  all  liens,  encumbrances 
and  adverse  claims. 

It  is  hereby  agreed  that,  if  said  mortgagor  shall  fail  to  make  payment 
of  any  part  of  the  principal  or  interest  as  provided  in  said  promissory 


949  Mortgage.  Form  2715 

note  at  the  time  anrl  in  the  manner  thoroin  spei^ificcl,  or  if  any  breacli 
be  made  of  any  obligation  or  promise  of  tlie  mortgagor  herein  contained 
or  hereby  secured,  then  the  wliole  principal  sum  unpaid  on  said  promis- 
sory note,  with  interest  accrued  thereon,  shall  immediately  become  dut 
and  payable,  at  the  option  of  the  mortgagee ;  and  he  may  at  once  proceed 
to  foreclose  this  mortgage  according  to  law;  or  he  may,  at  his  option, 
and  he  is  hereby  empoAvered  so  to  do,  enter  upon  the  premises  where 
said  mortgaged  property  may  be  and  take  possession  thereof,  and  re- 
move and  sell  and  dispose  of  the  same,  and,  from  the  proceeds  of  sale, 
retain  all  costs  and  charges  incurred  by  him  in  the  taking  or  sale  of 
said  property,  including  any  reasonable  attorney's  fee  incurred;  also  all 
Bums  due  him  on  said  promissory  note  under  any  provision  hereof;  and 
an}'  surplus  of  such  proceeds  remaining  shall  be  paid  to  the  mortgagor. 

If  suit  be  brought  to  foreclose  this  mortgage,  there  shall  be  due  from 
the  mortgagor  to  the  plaintiff  therein,  immediately,  on  the  commence- 
ment thereof,  an  attorney's  fee  of dollars  ($ )  in  said  action, 

which  sum  is  hereby  secured. 

Witness  my  hand  this day  of ,  19 — . 


[Acknowledgment.] 
State  of , 


[Signature.] 


County  of  ,  ss. 

,  the  mortgagor  named  in  the  foregoing  mortgage,  and  ,  the 

mortgagee  therein  named,  being  duly  sworn,  eacli  for  himself  says  that 
the  aforesaid  mortgage  is  made  in  good  faith  and  without  any  design 
to  hinder,  delay  or  defraud  creditors. 


Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE. — The  California  statute  provides  tliat  a  mortgage  of  personal  prop- 
erty is  void  as  against  creditors  of  the  mortgagor  and  subsequent  purchasers 
and  encumbrancers  of  the  property  in  good  faith  and  for  value,  unless:  1.  It  is 
aeeomi  anied  by  the  affidavit  "of  all  the  parties"  thereto  that  it  is  made  in  good 
faith  and  without  any  design  to  hinder,  delay,  or  defraud  creditors;  2.  It  is 
acknowledged  or  proved,  certified,  and  recorded  in  like  manner  as  grants  of  real 
property:  See  Cal.  Civ.  Code,  sec.  2957.  And  we  understand  "all  the  parties" 
to  mean  both  the  mortgagor  and  the  mortgagee,  and  not  simply  a  number  of 
mortgagors,  if  more  than  one:  See  Modesto  Bank  v.  Owens,  121  Cal.  223,  53 
Pac.  552.  There  must  be  an  afiidavit  of  the  mortgagee,  or  of  some  one  on  his 
behalf.  But  the  reqvairement  that  the  affidavit  of  all  parties  shall  accompany 
the  mortgage  when  recorded,  does  not  necessarily  mean  all  the  members  of  a 
corporation  or  copartnership,  where  the  mortgnge  is  made  to  or  by  such  corpo- 
ration or  copartnership:  Alferitz  v.  Scott,  130  Cal.  474,  477,  62  Pac.  735.  If 
one  of  the  parties  is  a  partnership  firm,  the  affidavit  may  be  made  on  its  be- 
half by  one  of  the  members  of  the  firm,  described  as  "of  and  for  the  firm": 
Modesto  Bank  v.  Owens,  121  Cal.  223,  53  Pac.  552. 

A  chattel  mortgage  should  be  acknowledged,  and  must  be  accompanied, 
either  on  the  same  paper,  underneath  the  mortgage,  or  on  a  separate  paper, 
by  an  afiidavit  of  good  faith  on  the  pait  of  the  mortgagor  and  the  mort- 


Forms  2716,  2717        Cowdeky's  Form  Book. 


950 


gagee:  See  Cal.  Civ.  Code,  see.  2957.  As  to  what  property  may  be  mortgaged. 
See  Cal.  Civ.  Code,  sec.  2955. 

A  mortgagee  of  personal  property,  when  the  debt  to  secure  which  the  mort- 
gage was  executed  becomes  due,  may  foreclose  the  mortgagor's  right  of 
redemption  by  sale  of  the  property,  made  in  the  manner  and  upon  the  notice 
prescribed  by  the  title  "pledge,"  or  by  proceedings  under  the  Code  of  Civil 
Procedure:  Cal.  Civ.  Code,  sec.  2967.  The  sale  by  a  pledgee  of  property 
pledged  must  be  made  at  public  auction,  in  the  manner  and  upon  the  notice  of 
sale  of  personal  property  under  execution:  Cal.  Civ.  Code,  sec.  3005.  As  to 
demand  on,  and  notice  to,  the  pledgor,  by  the  pledgee  of  personal  property, 
before  sale,  see  Civ.  Code,  sees.  3001-3004. 

In  Idaho,  a  mortgage  of  personal  property  is  void  as  to  third  persons,  unless 
it  be  accompanied  by  the  affidavit  "of  the  mortgagor"  that  it  was  made  in  good 
faith,  etc.:  See  Idaho  Eev.  Codes  1909,  sec.  3408. 

In  Montana,  it  is  void  as  against  persons  not  parties  thereto,  unless  accom- 
panied by  an  affidavit  of  all  the  parties  thereto,  or,  in  case  any  party  is  absent 
from  the  city  or  township  where  such  mortgage  is  executed  at  the  time  of  the 
pxecntion  thereof,  an  affidavit  of  those  present,  and  of  the  agent  or  attorney  in 
fact  of  such  absent  party,  that  the  same  is  made  in  good  faith,  to  secure  the 
amount  named  therein,  and  without  any  design  to  hinder,  delay,  or  defraud 
creditors    and  be  acknowledged  and  filed  "as  hereinafter  provided":   See  Mont. 

Rev.  Codes  1907,  sec.  5758.  .  ^  v     .t.      «,^     •.     * 

In  Utah,  it  is  void  as  to  third  persons,  unless  accompanied  by  the  affidavit  ot 
tlie  parties  thereto,  or,  in  case  any  party  is  absent,  by  the  affidavit  .of  the  par- 
ties present,  and  that  of  the  agent  or  attorney  of  such  absent  party  that  the 
same  is  made  in  good  faith  to  secure  the  amount  named  therein,  and  without 
anv  design  to  hinder  or  delay  the  creditors  of  the  mortgagor:  See  Utah  Comp. 
Laws  1907,  sec.  150.  In  some  of  the  states,  however,  no  affidavit  of  good  faith 
is  required. 

No.  2716.    Affidavit  to  Chattel  Mortgage  on  Behalf  of  Corporation. 

State  of  , 

County  of ,  ss. 

^  being  duly  sworn,  says  that  he  is  the  president  of  the com- 
pany, the  corporation  mortgagor  in  the  foregoing  mortgage;  that  said 
mortgage  is  made  in  good  faith,  and  without  any  design  to  liinder,  delay 
or  defraud  any  creditor  or  creditors;  and  that  he  makes  this  affidavit 

on  behalf  of  said  company. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Civ.  Code,  sec.  2957. 

No.  2717.    Chattel  Mortgage— Statutory  Form— California. 

This  mortgage,  made  the day  of ,  in  the  year  19—,  by 


of ,  by  occupation  a ,  mortgagor,  to ,  of ,  by  occupation 

a ,  mortgagee,  witnesseth: 

That  the  mortgagor  mortgages  to  the  mortgagee  as  security  for 

the  payment  to  him  of  dollars   ($ ),  on  the  day  of  , 

in  the  year  19 — ,  with  interest  thereon. 


[Affidavits  and  acknowledgment.] 


[Signature.] 


951  Mortgage.  Form  271b 

NOTE.— See  Ca!.  Civ.  Code,  sec.  2956. 

It_  is  a  sufficient  compliance  with  a  statute  requiring  the  residence  of  the 
parties  to  be  stated,  and  the  profession,  trade,  or  occupation  of  each  to  be 
given,  that  they  are  of  a  certain  county,  naming  it,  and  the  occupation  as  that 

of  "late  merchant  of  ,"  namiuj]^  the  place.     The  purpose  of  the  statute  is 

identification,  and  a  mortgage  stating  that  the  parties  had  no  occupation  or 
professsion  would  certainly  be  valid:   Ede  v.  Johnson,  15  Cal.  53,  57. 

No.  2718.    Crop  Mortgage. 

This  mortgage,  made  the  day  of ,  19 — ,  by ,  of ,  by 

occupation  a ,  mortgagor,  to ,  by  occupation  a ,  mortgagee, 

witnesseth : 

That  said  mortgagor  does  hereby  mortgage  to  the  mortgagee  the  fol- 
lowing described  personal  property:  All  that  crop  of  ,  now  stand- 
ing and  growing  on  the  land  and  premises  situate  in  the  county  of , 

state  of ,  and  described  as  follows:  ,  as  security  for  the  pay- 
ment to  the  mortgagee  of  the  sum  of dollars  ($ ),  on  the  • 

day  of  ,  19 — ,  with  interest  thereon  according  to  the  terms  of  a 

promissory  note  of  even  date  herewith,  executed  and  delivered  by  the 
mortgagor  to  the  mortgagee. 

Said  mortgagor  promises  that  he  will  properly  attend  to,  care  for,  and 
protect  said  crop  until  the  same  shall  be  readj'^  for  harvesting,  and  then 
harvest  and  prepare  the  same  for  market,  and,  when  so  prepared,  deliver 
the  marketable  product  to  the  mortgagee,  to  be  by  him  sold  and  disposed 
of  for  the  best  price  obtainable;  and  the  proceeds  of  sale  shall  be  applied 
to  the  payment  of  the  debt  hereby  secured,  with  interest  according  to 
the  terms  of  said  promissory  note,  together  with  any  sums  paid  or 
charges  incurred  by  said  mortgagee  in  making  said  sale,  or  under  any 
provision  hereof;  and  any  surplus  of  said  proceeds  remaining  shall  be 
paid  to  said  mortgagor. 

If  default  be  made  by  said  mortgagor  in  the  performance  of  any 
promise  by  him  herein  contained,  then  said  mortgagee  is  hereby  em- 
powered to  enter  upon  the  premises  above  described,  and  to  take  posses- 
sion of  said  crop,  and  to  take  such  measures  as  he  may  deem  necessary 
or  proper  for  the  care,  protection,  harvesting  or  marketing  thereof,  and 
any  money  expended,  or  charges  incurred,  by  him  in  so  doing  shall  be 
deemed  a  debt  due  from  the  mortgagor  and  secured  hereby;  said  mort- 
gagee is  hereby  also  empowered,  at  any  time  during  the  continu.an -o 
hereof,  to  enter  upon  the  above  described  premises  to  ascertain  if  t!ie 
promises  of  the  mortgagor  concerning  the  mortgaged  proportj'^  are  being 
properly  performed,  and  the  mortgagee  shall  be  the  sole  judge  as  to 
whether  any  default  has  been  made  therein. 

Witness  the  hand  of  said  mortgagor  hereunto  set  the  day  and  year 
first  above  written. 

[Signature,] 
[Affidavits  and  acknowledgment.] 

NOTE.— See  Cal.  Civ.  Code,  sec.  2972. 


Forms  2719, 2720        Cowdery's  Form  Book.  952 

No.  2719.     Chattel  Mortgage  to  Secure  Performance  of  Lease. 

This  mortgage,  made  the day  of ,  19—,  by ,  of ,  by 

occupation  a  ,  mortgagor,  to  ,  of  ,  by  occupation  a  , 

mortgagee,  witnesseth : 

That  said  mortgagor  does  hereby  mortgage  to  the  mortgagee  all  that 
personal  property  now  at ,  in  the  county  of ,  state  of ,  de- 
scribed as  follows:  as  security  for  the  payment  of  the  rent  and 

the  full  and  faithful  performance  of  all  promises  by  said  mortgagor 

contained  in  a  lease  of  the  above  premises,  dated  the  day  of  , 

19_^  made  by  ,  as  lessor,  to  ,  as  lessee,  for  the  term  of  

years,  from  the day  of ,  19 — , 

It  is  hereby  agreed  if  said  mortgagor  shall  fail  to  make  any  payment 
of  rent,  or  to  fully  and  faithfully  perform  any  agi-eement  in  said  lease, 
or  herein,  on  his  part  to  be  paid  or  performed,  then  the  mortgagee  may 
claim  a  forfeiture  under  this  mortgage,  and  he  is  hereby  empowered, 
at  his  option,  to  take  possession  of  all  said  mortgaged  property,  and 
to  sell  the  same  in  the  manner  provided  by  law,  and,  from  the  proceeds 
of  such  sale,  to  reimburse  himself  for  any  and  all  loss  or  damage  which 
he  may  have  sustained  by  reason  of  such  default  of  the  mortgagor :  or, 
if  there  is  any  controversy  as  to  the  amount  of  such  loss  or  damage,  he 
may  retain  the  whole  of  such  proceeds,  or  such  part  thereof  as  he  may 
deem  proper,  until  the  amount  of  such  loss  or  damage  can  be  judiciall}; 
determined. 

Said  mortgagor  promises  that  he  will  not  remove,  nor  permit  to  bt 
removed,  any  part  of  said  mortgaged  property  from  the  above  premises 
during  the  continuance  hereof;  and  that  he  will  during  said  time  keep 
said  mortgaged  property  insured  against  loss  by  fire,  in  a  sum  not  less 

t]ian dollars  ($ ),  in  some  company  which  shall  be  satisfactory 

to  the  mortgagee,  loss,  if  any,  payable  to  said  mortgagee,  as  his  interest 
may  appear. 

Said  mortgagor  hereby  declares  and  warrants  to  the  mortgagee  tht;.f 
he  is  the  absolute  owner,  and  in  possession,  of  all  of  said  mortgagoJ 
property,  and  that  the  same  is  free  and  clear  of  all  liens,  encumbranc».s 
and  adverse  claims. 

It  is  agi-eed  that  this  mortgage  shall  be  and  remain  in  full  force  a)  id 
effect  during  the  full  term  of  the  lease  above  named,  and  that  all  pro- 
visions hereof  shall  bind,  and  inure  to  the  benefit  of  the  heirs,  execu- 
tors, administrators,  and  assigns  of  the  parties  hereto. 

Witness  the  hand  of  said  mortgagor  hereunto  set  the  day  and  year 

first  above  written. 

[Signature.] 

[Affidavits  and  acknowledgment.] 

No.  2720.    Mortgage  for  Less  Than  One  Hundred  Dollars— Washington. 

This  mortgage,  made  this day  of ,  in  the  year  19—,  by , 

of  ,  mortgagor,  to  ,  of  ,  mortgagee,  witnesseth: 


953  Mortgage.  Forms  2721, 2  ( 22 

That  the  mortc:agor  mortgages  to  the  mortgagee  ,  as  security  for 

the  payment  to  him  of  dollars   ($ ),  on  the  day  of  , 

in  the  year  19 — ,  with  interest  thereon. 

[Signatvire.] 

Signed  and  delivered  in  the  presence  of  and  . 

NOTE.— See  Wash.  Eem.  Code,  sec.  3664. 

No.  2721.    Chattel    Mortgage — North    Dakota,    Oklahoma    and    South 
Dakota. 

This  mortgage,  made  the day  of ,  in  the  year  19 — ,  by , 

of  ,  by  occupation  a ,  mortgagor,  to  ,  of  ,  by  occupa- 
tion a ,  mortgagee,  witnesseth: 

That  the  mortgagor  mortgages  to  the  mortgagee  as  security  for 

the  payment  to  him  of  dollars   ($ )   on  the  day  of  , 

in  the  year  19 — ,  with  interest  thereon. 

[Signature.] 

NOTE.— North  Dakota,  Comp.  Laws  1913,  sec.  6756;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec.  4025;  South  Dakota,  Comp.  Laws  1913,  sec.  4372. 

No.  2722.    Complaint  in  an  Action  to  have  a  Deed  Absolute  Declared  a 

Mortgage. 
[Caption.] 

1.  [Avers  the  death  of  the  original  plaintiff,  and  the  substituting  of 
the  administrator.] 

2.  That  heretofore,  to  wit,  on  the  seventh  day  of  April,  1888,  Alex- 
ander S.  More,  deceased,  was  the  owner  in  fee  simple  and  in  the  posses- 
sion of  several  tracts  of  land  lying  and  being  in  the  county  of  Ventura, 
and  state  of  California,  and  particularly  described  in  an  instrument  exe- 
cuted between  the  original  plaintiff  in  this  action  and  the  defendant,  on 
the  day  and  year  aforesaid,  and  aeknovdcdged  by  the  said  Alexander  S. 
More,  deceased,  on  the  day  and  year  aforesaid,  and  by  the  said  defend- 
ant on  the  ninth  day  of  April,  1888,  and  recorded  in  the  recorder's  office 
of  Ventura  county,  state  of  California,  on  the  day  and  year  last  afore- 
said, at  ten  minutes  past  eleven  o'clock  A.  M.  of  said  day,  a  copy  of 
which  said  instrument,  in  writing,  marked  Exhibit  "A,"  is  here  an- 
nexed, and  made  a  part  of  this  complaint. 

3.  That  said  instrument,  made  as  aforesaid,  acknowledged  and  re- 
corded as  aforesaid,  was  upon  its  face  a  deed,  by  which  the  said  Alex- 
ander S.  More  conveyed  the  title  to  the  said  several  tracts  of  land  to 
the  defendant,  upon  certain  conditions  and  trusts  therein  set  forth,  but 
that  the  same  was  then  and  is  now,  in  law  and  equity,  a  mortgage  to 
secure  the  payment  from  the  said  Alexander  S.  More  to  the  defendant 
of  the  sum  of  fifteen  thousand  dollars,  by  the  defendant  on  tlie  said 
seventh  day  of  April,  A.  D.  1888,  loaned  to  the  said  Alexander  S.  More, 
with  interest  thereon  at  the  rate  of  ten  per  cent  per  annum  from  date 


Form  2722  Cowdbry's  Form  Book.  954 

of  deed,  and  for  the  repayment  to  tlie  defendant  of  the  sum  of  about 
forty-three  thousand  dollars  principal  and  interest,  the  amount  of  a 
mortgage  held  by  Isadore  Dreyfus,  and  due  November  5,  1888,  which 
said  mortgage  the  said  defendant  in  the  said  instrument  in  Avriting 
agreed  to  assume  and  pay,  and  to  secure  the  said  defendant  the  repay- 
ment of  all  taxes  Avhich  should  at  any  time  be  paid  by  him  on  the  said 
several  tracts  of  land  so  conveyed  by  the  said  Alexander  S.  More  to 
the  defendant,  said  taxes  and  the  amount  paid  on  said  mortgage  to  bear 
interest  at  the  rate  of  ten  per  cent  per  annum,  and  for  the  payment  by 
the  said  Alexander  S.  More  to  the  defendant  of  all  costs  and  expenses 
incurred  by  the  defendant  in  and  about  the  management  and  sale  of  the 
said  several  tracts  of  land  aforesaid,  and  for  no  other  purposes  what- 
ever; that  on  the  fifth  day  of  November,  A.  D.  1888,  the  defendant  did 
pay  to  the  said  Isadore  Dreyfus  about  the  sum  of  forty-three  thousand 
dollars,  principal  and  interest,  on  the  said  mortgage,  held  and  owned 
by  Dreyfus  as  aforesaid,  and  from  the  said  fifth  day  of  November,  A.  D. 
1888,  the  said  defendant  became  and  was  entitled  to  have  and  receive 
of  and  from  the  said  Alexander  S.  More  the  sum  of  forty-three  thousand 
dollars,  with  interest  thereon  at  the  rate  of  ten  per  cent  per  annum  until 
paid. 

Plaintiff  alleges,  upon  his  information  and  belief,  that  the  whole 
amount  of  indebtedness  of  the  said  Alexander  S.  More  to  defendant, 
exclusive  of  taxes  paid  by  defendant  for  the  said  Alexander  S.  More, 
and  the  expenses  of  the  management  of  the  several  tracts  of  land  afore- 
said, is  fifty-eight  thousand  dollars,  with  interest  thereon  at  the  rate  of 
ten  per  cent  per  annum,  on  fifteen  thousand  dollars  from  the  seventh  day 
of  April,  A.  D.  1888,  and  on  forty-three  thousand  dollars  from  the  fifth 
day  of  November,  A.  D.  1888,  and  that  for  said  sum  of  fifty-eight  thou- 
sand dollars  and  interest,  and  taxes  paid  and  interest  the  amount  of 
which  is  unknown  to  the  plaintiff,  and  the  expenses  incurred  in  the 
management  of  the  several  tracts  of  land,  the  amounts  of  which  are  also 
to  the  plaintiff  unknown,  the  defendant  has  a  lien  upon.  But  the  plain- 
tiff denies  that  the  defendant  has  a  lien  upon  or  title  to  the  several 
tracts  of  land  aforesaid. 

4.  Tlie  plaintiff  further  states  that  by  the  terms  of  said  instrument  in 
writing,  between  the  said  Alexander  S.  More,  deceased,  and  the  defend- 
ant, of  date  April  1,  1888,  it  was  provided  that  tlie  said  Alexander  S. 
]\Iore,  should  pay  to  the  defendant  the  additional  sum  of  ten  thousand 
dollars,  v»'hich  the  party  of  the  first  part  hereby  agi-eed  to  pay  to  the 
party  of  the  second  part,  without  interest ;  and  the  plaintiff  alleges,  on 
his  information  and  belief,  that  there  was  not,  prior  to  the  execution  of 
said  instrument,  at  the  time,  or  since  then,  the  slightest  consideration 
for  that  part  of  the  agreement;  that  he  has  never  received  from  the  de- 
fendant or  any  other  person  a  single  farthing  as  a  consideration  of  that 
portion  of  the  agreement,  and  the  only  consideration  for  that  specific 
portion  of  said  agreement  was  as  follows :  The  said  Isadore  Dreyfus  had 
an  option  in  writing  dated  the  fifth  day  of  November,  A.  D.  1887,  to  pur- 


955  Mortgage.  Form  2/22 

cliase  the  said  several  tracts  of  land  within  one  year  from  the  date  of 
said  option,  for  the  sum  of  one  hundred  and  three  thousand  doHars,  and 
the  defendant  was  to  have  and  receive  from  the  said  Alexander  S.  More, 
the  said  sum  of  ten  thousand  dollars  in  case  the  said  Isadore  Dreyfus 
sliould  not  elect  to  buy  said  several  tracts  of  land,  and  he  the  defendant 
should  find  a  purchaser  or  purchasers  for  the  sai-.ie,  at  tiie  same  price 
that  Isadore  Dreyfus  lield  the  option  for,  namely,  one  hundred  and  three 
thousand  dollars.  And  the  plaintiff  alleges  that  tlie  said  Isadore  Drey- 
fus did  not  elect  to  purchase  the  said  several  tracts  of  land  at  and  for 
tlie  price  aforesaid,  and  that  the  defendant  has  not  sold  the  said  several 
tracts  of  land,  or  any  portion  of  them,  and  is  not  in  law  or  equity  en- 
titled to  receive  the  said  sum  of  ten  thousand  dollars,  or  any  part  thereof. 

5.  The  plaintiff  further  states,  upon  his  information  and  belief,  tliat 
appurtenant  to  said  tracts  of  land  are  certain  valuable  water  rights,  viz., 
tlie  Sespe  Creek,  Fish  Slough,  and  the  Hojo  or  Dudley  Canon ;  and  that 
the  several  tracts  of  land  and  water  rights  appurtenant  to,  as  aforesaid, 
are  very  valuable,  being  of  far  greater  value  than  the  amounts  due  the 
defendant,  and  that  the  defendant  can  suffer  no  loss  or  injury  if  the 
sale  of  the  said  several  tracts  of  land  is  delayed,  while  the  estate  of  said 
Alexander  S.  More  would  sxiffer  irreparable  injury  if  the  same  hereto- 
fore advertised  should  take  place,  as  the  said  estate  would  be  without 
remedy  at  law  if  the  defendant  were  permitted  to  sell  the  same. 

And  the  jjlaintiff  further  alleges  that  the  defendant  has  been  in  pos- 
session of  the  said  several  tracts  of  land  and  the  water  rights  since 
the  execution  of  said  instrument ;  has  rented  the  same  to  several  par- 
ties, who  have  paid  said  defendant  rent  for  the  same,  or  are  now  in- 
debted to  him  for  rent  of  said  several  tracts  of  land,  and  the  Avater 
riglits  aforesaid,  and  that  the  said  defendant  has  rendered  no  account 
of  said  rents  to  the  estate  of  the  said  Alexander  S.  More,  or  given 
plaintiff  any  information  concerning  the  same,  and  that  plaintiff  is  in 
ignorance  of  the  amount  of  said  rents  and  profits. 

6.  Plaintiff  further  alleges  that,  disregarding  the  plaintiff's  rights  in 
the  premises,  the  defendant  has  advertised  the  said  several  tracts  of 
land  and  the  water  rights  appurtenant  thereto  to  be  sold  at  Santa  Paula, 
in  the  said  county  of  Ventura,  state  aforesaid,  at  public  auction  for 
cash,  on  the  10th  day  of  April,  and  that  said  amount  of  ten  thousand 
dollars,  so  wrongfully  and  illegally  inserted  in  said  instrument  in  writ- 
ing as  being  a  debt  of  the  plaintiff  due  to  the  defendant,  is  demanded 
and  the  defendant  is  about  to  sell  the  said  several  tracts  of  land  and 
the  water  rights  appurtenant  thereto  to  satisfy  that  said  sum  of  money 
last  aforesaid,  as  well  as  the  others  named  in  said  instrument. 

7.  And  for  a  further  cause  of  action  the  said  plaintiff  allcTes  that  at 
and  prior  to  the  date  of  the  execution  and  delivery  of  the  instrument 
of  writin-:;  theretofore  referred  to,  a  copy  of  which  is  hereto  annexed 
and  marked  Exhibit  "A,"  as  this  plaintiff  is  informed  and  believes, 
the  said  Alexander  S.  More  was  incapable  of  executing  said  alleged 
instrument;  that  the  said  Alexander  S.  More  attained  his  legal  majority 


Form  2722  Cowdeby's  Form  Book.  956 

in  the  month  of  June,  1887;  that  iDrior  thereto,  and  thereafter,  the  said 
Alexander  S.  More,  was  of  infirm  health,  and  was  physically  and  men- 
tally diseased,  so  that  when  he  became  of  age  lawfully  to  contract  debts 
and  make  agreements,  he  was  incapable  of  making  lawful  contracts 
by  reason  thereof  that  the  agreement  and  mortgage  made  to  Isadore 
Dreyfias  on  the  fifth  day  of  November,  1887,  was  unlawful  and  void ; 
that  therein  the  said  Alexander  S.  More  was  incapable  of  giving  his 
consent  thereto,  by  reason  of  said  physical  incapacity;  that  this  plain- 
tiff is  informed,  and  believes,  and  on  that  information  and  belief  alleges, 
that  said  Alexander  S.  More,  by  reason  of  his  ph3fsical  and  mental  con- 
dition, and  not  having  proper  control  of  himself  and  capacity  to  act 
in  a  reasonable  and  proper  manner,  contracted  habits  of  inebriety  that 
further  and  seriously  affected  his  mental  condition,  so  that  he  became 
and  was  still  further  incapacitated  to  make  any  lawful  agreement  or 
execute  any  conveyance ;  that  while  in  this  condition  the  said  Alexander 
S.  More  executed  and  delivered  to  the  said  J.  W.  Calkins  the  said 
instrument  of  writing  whereby  the  whole  administration  of  his  estate 
and  affairs  was  transferred  from  himself  to  said  Calkins;  that  therein 
the  said  Calkins  induced  said  More  to  sanction  and  authorize  the  pay- 
ment of  the  sums  of  money,  for  which  there  was  no  consideration,  to 
wit,  not  only  all  the  expenses  of  the  management  of  said  estate  by  said 
Calkins,  without  the  supervision  or  control  of  the  said  More,  or  of  an 
authorized  guardian,  but  also  the  payment  of  ten  thousand  dollars 
hereinbefore  referred  to,  which  was  without  consideration  and  void, 
and  by  reason  of  the  physical  condition  induced  by  disease,  and  con- 
firmed and  rapidly  acquired  habits  of  inebriety,  the  said  Alexander  S. 
More  was,  at  the  date  of  the  execution  of  said  instrument  of  writing, 
non  compos  mentis,  and  the  said  instrument  of  writing  Avas  void. 

And  this  plaintiff  further  alleges  that  since  the  beginning  of  this 
action  the  said  Alexander  S.  More  has  departed  this  life,  and  that  this 
plaintiff  is  the  administrator  of  his  estate,  as  heretofore  set  forth;  that 
the  said  propcrt,v  so  described  in  said  instrument  of  writing  is  a  part 
of  tlie  estate  of  the  said  Alexander  S.  More,  deceased,  and  that  the 
plaintiff  herein,  as  such  administrator,  is  entitled  to  the  possession  and 
administration  of  said  estate;  that  the  debts  named  in  and  payment 
required  to  be  made  by  the  said  instrument  of  writing  were  incurred 
during  the  incapacity  of  said  Alexander  S.  More,  and  that  great  and 
irreparable  damage  will  be  done  to  the  estate  of  the  said  More  if  the 
said  Calkins  be  allowed  to  proceed  to  sell  said  property  under  the  pro- 
visions of  said  void  instrument  of  writing. 

Wherefore  the  plaintiff  demands  judgment:  1.  That  said  defendant 
render  an  account  of  tlie  rents  and  profits  of  the  said  several  tracts  of 
land  and  the  water  rights  appurtenant  thereto  received  by  the  said 
defendant  since  the  seventh  day  of  April,  1888.  2.  That  the  said  sum 
of  ten  thousand  dollars,  described  in  said  instrument  as  a  noninterest 
bearing  debt,  due  from  tlie  plaintiff  to  the  defendant,  be  adjudged  and 
decreed  to  be  without  consideration  and  void,  and  that  the  said  defend- 


957  Mortgage.  Form  2723 

ant,  his  agents  and  attorneys,  be  forever  enjoined  and  restrained  from 
collecting  the  same,  or  any  part  thereof.  3.  That  the  said  instrument 
in  writing  executed  between  the  said  A.  S.  More  and  defendant  on  the 
seventh  day  of  April,  1888,  be  adjudged  and  decreed  to  be  void  and 
of  no  effect  or  virtue,  in  law  or  equity,  and  the  said  defendant  be  for- 
ever restrained  and  enjoined  from  selling  or  disposing  of  said  tracts  of 
land  and  water  rights  appurtenant  thereto,  or  either  or  any  of  thoin, 
by  virtue  of  the  authority  of  said  instrument  executed  as  aforesaid 
between  the  said  Alexander  S.  More  and  the  defendant,  and  such  other 
and  further  relief  as  the  court  may  deem  just  and  equitable  in  the 
premises,  and  for  costs. 

John  T.  Doyle, 
Plaintiff's  Attorney. 

NOTE.— Precedent  in  Moore  v.  Calkins,  85  Cal.  178,  24  Pac.  729. 

No.  2723.     Complaint  to  Cancel  Deed  and  Correct  Mortgage. 
[Title  of  Court  and  Cause.] 

Plaintiffs,  by  amended  complaint,  complain  of  defendants,  and  allege 
that  the  said  Hyrum  Rasmussen,  on  the  eleventh  day  of  March,  1880, 
was  the  owner  and  in  possession  of  the  following  described  property, 
to  wit:  Part  of  lot  3  in  block  43,  as  platted  in  plat  B,  Salt  Lake  City 
survey,  Salt  Lake  county,  Utah  Territory,  commencing  two  and  a  half 
rods  west  from  the  southeast  corner  of  said  lot,  thence  north  two  liun- 
dred  and  twenty  feet,  thence  west  thirty-six  and  a  quarter  feet,  thence 
south  two  hundred  and  twenty  feet,  and  thence  east  thirty-six  and  a 
quarter  feet  to  the  place  of  beginning.  Also  the  right  of  way  perpetu- 
ally over  that  strip  of  land  lying  contiguous  to  the  above-described  part 
and  parcel  of  lot  3  in  block  43,  and  on  the  west  side  thereof,  the  said 
road  over  said  strip  being  eight  feet  in  width  along  the  entire  western 
side  line  or  boundary  of  the  aforesaid  lot  herein  conveyed;  and  on  the 
said  last  date  made  a  contract  of  sale  with  the  defendant  James  Mc- 
Knight  to  sell  the  same  to  him  for  the  sum  of  four  hundred  and  seventy 
dollars,  and  to  receive  one  hundred  dollars  in  cash  down  payment,  and 
the  balance  to  be  secured  by  a  mortgage  on  the  premises.  That  the 
said  James  McKnight,  pretending  to  be  a  lawyer  himself,  drafted  the 
papers,  and  when  completed  read  them  to  the  plaintiff  Rasmussen,  as  in 
pursuance  of  the  complaint,  to  wit:  A  deed  to  McKnight  and  a  mort- 
gage back  to  Rasmussen  for  three  hundred  and  seventy  dollars,  the 
purchase  price,  and  said  plaintiffs  executed  the  deed  in  that  behalf. 
That  since  that  time  the  plaintiff  Rasmussen  has  discovered  that  tlie 
said  deed,  as  it  appears  upon  the  record,  runs  in  the  name  of  tlie  wife 
of  the  said  James  McKnight,  as  grantee,  to  wit,  the  said  Mary  Ann 
McKnight.  That  the  said  plaintiff  Rasmussen  does  not  know  whether 
the  said  McKnight  obtained  the  said  deed  in  his  wife's  name  by  mis- 
reading the  same  to  plaintiff  Rasmussen,  or  by  obliterating  his  name 
and  putting  in  hers;  and  does  allege  that  by  whatever  means  it  was 


Form  272i  Cowdery's  Form  Book.  958 

done,  it  was  done  fraudulently  and  for  the  purpose  of  robbing  and 
wronging  the  plaintiff  Rasmussen.  That  the  said  plaintiff  Rasmuss.en 
has  deeded  and  conveyed  one-half  of  the  cause  of  action  herein  set  forth 
to  said  plaintiff  Arthur  Brown,  to  wit,  on  or  about  the  fourteenth  day 
of  July,  1882.  That  on  the  twelfth  day  of  March,  1881,  plaintiff  Ras- 
mussen commenced  foreclosure  proceedings  by  suit  in  this  court  ag'ainst 
the  said  James  McKnight  alone,  the  said  Rasmussen  at  that  time  not 
knowing  of  the  change  in  the  grantee  in  his  deed,  and  not  having  dis- 
covered the  said  frauds  of  said  defendants,  and  on  the  twenty-ninth 
day  of  March,  1881,  a  decree  of  said  court  was  duly  made  and  entered, 
directing  the  sale  of  the  above-described  property,  and  the  same  was 
duly  sold  to  the  plaintiff  Rasmussen  on  the  twenty-third  day  of  April, 
1881,  by  the  United  States  marshal  for  the  territory  of  Utah,  for  the 
sum  of  four  hundred  and  thirteen  dollars  and  fifty  cents;  that  the  said 
property  has  never  been  redeemed  or  the  said  decree  paid.  The  said 
United  States  marshal  executed  a  deed  conveying  all  of  the  interests 
of  said  James  McKnight  to  Rasmussen,  in  pursuance  of  the  statute 
in  such  case  made  and  provided,  six  months  after  the  sale,  April  25, 
1881.  That  the  said  Mary  Ann  McKnight  received  the  said  conveyance 
without  any  consideration  moving  from  her;  that  she  is  a  party  to  and 
cognizant  of  the  said  frauds  herein  alleged;  that  the  reception  of  the 
said  deed  by  her  in  her  name  was  a  fraud  upon  said  plaintiff  Rasmussen. 
Plaintiffs  pray  judgment  that  the  said  deed  to  Mary  Ann  McKnigiit 
may  be  decreed  to  be  a  fraud  upon  the  rights  of  the  said  plaintiff  Ras- 
mussen, and  tliat  tlie  said  mortgage  from  the  said  James  McKnicht  be 
so  corrected  as  to  include  all  the  interests  conveyed  in  said  deed  to  Mary 
Ann  McKnight  or  any  other  person,  and  that  said  plaintiffs  may  be 
decreed  to  be  the  owners  of  said  property,  and  for  such  other  relief  as 
may  be  proper  in  the  premises,  and  for  costs  of  suit, 

Arthur   Brown, 
R.  B.  Tripp, 
Attorneys  for  Plaintiff. 
[Verification.] 

NOTE.— Precedent  in  Easmussen  v.  McKnight,  3  Utah,  315,  320,  3  Pac. 
83,  4  Pac.  526. 

No.  2724.    Answer  Denying  Execution  of  Mortgage  by  Codefendant. 
[Title  of  Court  and  Cause.] 
The  defendant  [purchaser]   answers  to  the  complaint: 
That  he  has  no  information  or  belief  sufficient  to  enable  him  to  answer 
the   allegations  in  plaintiff's   complaint   as   to   whether   the   defendant 
[mortgagor]    ever  executed   the  bond   and  mortgage   described  in  the 
complaint,   or  whether  the  defendant    [mortgagee]    ever   assigned   said 
supposed  bond  and  mortgage  to  the  plaintiff,  or  whether  he  is  now  the 
lawful  owner  or  holder  tliereof;   and  therefore  this   defendant   denies 
that  said  defendant  [mortgagor]  at  any  time  executed  said  alleged  bond 


959  Mortgage.  Forms  2725-2728 

or  mortgage,  and  denies  that  said  defendant   [mortgagee]   at  any  time 
assigned  said  alleged  bond  or  mortgage  to  the  plaintiff,  and  denies  that 
plaintiff  is  now  the  owner  or  holder  of  said  alleged  bond  or  mortgage. 
Wherefore  [etc.]. 

[Signature.] 

No.  2725.    Mortgage  of  Real  Property— Colorado. 

Know  all  men  by  these  presents:  That  I, of  the  county  of , 

and  state  of ,  hereby  mortgage  to  of  the  county  of  and 

state  of  Colorado,  to  secure  the  payment  of dollars,  due  as  follows : 

• the  following  described  real  property  situate  in  county,  state 

of  Colorado,  to  wit: ,  with  the  appurtenances,  and  warrant  the  title 

to  the  same. 

Signed  and  delivered  this day  of ,  19 — . 

No.  2726.    Mortgage  (Statutory)— Montana. 

This  mortgage  made  the day  of ,  in  the  year ,  by , 

of ,  mortgagor,  to  of ,  mortgagee, 

Witnesseth:  That  the  mortgagor  mortgages  to  the  mortgagee   [here 

describe  the  property],  as  security  for  the  payment  to  him  of  

dollars  on   [or,  before]   the  day  of  ,  in  the  year  ,  with 

interest  thereon  [or,  as  security  for  the  payment  of  an  obligation,  de- 
scribing it,  etc.]. 

NOTE.— Montana,  Rev.  Codes  1907,  sec.  5748. 

No.  2727.    Mortgage  (Statutory)— North  Dakota. 

This  mortgage,  made  the day  of ,  in  the  year ,  by  A.  B., 

of ,  mortgagor,  to  C.  D.,  of ,  mortgagee, 

Witnesseth:  That  the  mortgagor  mortgages  to  the  mortgagee  [here 
describe  the  property]  as  security  for  the  payment  to  him  of dol- 
lars on  or  before  the  day  of  ,  in  the  year ,  with  interest 

thereon  [or,  as  security  for  the  payment  of  an  obligation,  describing 
it]. 


A.  B. 


NOTE.— North  Dakota,  Comp.  Laws  1913,  sec.  6750. 


No.  2728.    Mortgage  (Statutory)— South  Dakota. 

This  mortgage,  made  this day  of ,  in  the  year ,  by , 

of  county,  and  state  of  ,  mortgagor,  to  ,  of  P.  O., 

county  of ,  and  state  of ,  mortgagee : 

Witnesseth,  that  said  mortgagor  hereby  mortgages  to  said  mortgagee 

the  following  described  premises  situated  in  the  county  of  ,  and 

state  of  South  Dakota,  to  wit, ,  as  security  for  the  payment  to  said 

mortgagee  at  ,  of    the    principal    sum  of  dollars,  and 


Form  2728  Cowdery's  Form  Book.  960 

interest  thereon  at per  cent  per  annum  from  date,  according  to 


certain  promissory  note—  bearing  even  date  herewith,  due ,  19—. 

Said  mortgagor—  further  agree —  to  pay  all  taxes  and  assessments  that 
may  be  levied  upon  said  premises  before  the  same  shall  become  delin- 
quent   (and  to  keep  the  buildings,  if  any,  upon  said  premises  safely 

insured  for  the  benefit  of  said  mortgagee  in  the  sum  of dollars 

against  loss  by  fire,   and  deliver  the  insurance  policies  to  said  mort- 
gagee). 

In  case  of  the  mortgagor's  failure  to  pay  said  taxes  or  assessments 
before  the  same  become  delinquent,  or  to  pay  insurance  premiums  for 
insurance  on  said  buildings,  said  mortgagee  or  assignee  may  do  so,  and 
the  amounts  so  paid,  with  interest  at  per  cent  from  date-  of  pay- 
ment, shall  be  added  to  and  deemed  a  part  of  the  money  secured  by 
this  mortgage.  Said  mortgagor  hereby  relinquishes  rights  of  homestead 
in  said  premises,  and  warrants  that  he  is  the  owner—  in  fee  of  said 
premises,  and  that  the  same  are  free  from  all  encumbrances. 

In  case  of  default  in  the  payment  of  said  principal  sum  of  money 
or  any  part  thereof  or  interest  thereon  at  the  time  or  times  above  speci- 
fied for  payment  thereof,  or  in  case  of  nonpayment  of  any  taxes,  assess- 
ments or  insurance  as  aforesaid,  or  of  breach  of  any  covenant  or  agree- 
ment herein  contained,  then  and  in  either  case  the  whole,  principal  and 
interest,  of  said  note—,  shall  at  the  option  of  the  holder  thereof  imme- 
diately become  due  and  payable,  and  this  mortgage  may  be  foreclosed 
by  action,  or  by  advertisement  as  provided  by  chapter  28  of  the  Code 
of  Civil  Procedure  of  the  Revised  Codes  of  1903,  state  of  South  Dakota, 
and  this  paragraph  shall  be  deemed  as  authorizing  and  constituting  a 
pov7er  of  sale  as  provided  in  said  chapter  and  any  acts  amendatory 

thereof. 

[Signature.] 

[Acknowledgment.] 

NOTE.— S.  D.  Laws  1911,  c.  257,  sec.  3. 

MOTION. 

See  New  Trial. 

Motion— Notice  of,  No.  2780. 

Motion  for   Change  of  Place  of  Trial,  No.  862. 

Motion  to  Substitute  Parties— Notice  of,  No.  2783. 

IVIUTUAL  RELEASE. 

Mutual  Kelease,  No.  3252. 


i)Gl  Negligence.  Form  27-iU 


NEGLIGENCE. 

2740.  Complaint  for  damages  for  injuries  received  on  an  elevator. 

2741.  Complaint  against  municipal  corporation  for  damages  arising  through 

negligent  control  of  water  supply. 

2742.  Complaint  for  negligence  leaving  pile  of  earth  in  highwajr. 

2743.  Complaint  against  water  company  for  negligence  in  permitting  water 

to  escape. 

2744.  Complaint  against  telegraph  company  for  negligence  in  transmitting 

message. 

No.  2740.     Complaint  for  Damages  for  Injuries  Received  on  an  Elevator. 
[Title  of  Court  and  Cause.] 

The  above-named  plaintiff  complaining  of  the  defendants  alleges: 

That  defendants  are,  and  at  all  times  hereinafter  mentioned  were, 
copartners  in  business,  trade  and  commerce  at  the  city  and  county 
of  San  Francisco,  under  the  firm  name  and  style  of  Whittier,  Fuller 
&Co. 

That  the  said  defendants  as  copartners  did  at  the  times  hereinafter 
mentioned  conduct  and  carry  on  business  in  a  building  at  the  southwest 
corner  of  Pine  and  Front  streets,  in  said  city  and  county,  comprising 
three  stories,  or  floors,  and  a  basement,  and  the  defendants  at  said  times 
had  owned  and  maintained  an  elevator  or  hoist,  operated  by  machinery, 
situated  in  the  basement  of  said  building,  and  wholly  under  the  control 
and  management  of  the  said  defendants  and  in  their  exclusive  use, 
which  said  hoist  or  elevator  was  used  and  intended  to  be  used  by  de- 
fendants for  the  purpose  of  transporting  and  carrying  their  customers, 
and  those  in  said  building,  for  the  purpose  of  trading  with  them,  or 
such  persons  as  they  might  request  to  be  so  transported,  and  tlieir  mer- 
chandise, to  and  from  the  different  floors  or  stories  of  said  building. 

That  heretofore,  to  wut,  on  the  twenty-third  day  of  December,  1878, 
the  plaintiff,  being  lawfully  in  the  said  store  or  building  of  the  defend- 
ants, was  requested  by  the  said  defendants  to  get  upon  the  said  hoist, 
or  elevator,  for  the  purpose  of  being  carried  from  the  upper  or  third 
floor  of  said  building,  to  the  lower  or  street  floor  t.iereof ;  and  then  and 
there  tlie  said  plaintiff,  in  pursuance  of  such  request,  got  into  the  said 
elevator,  or  hoist,  for  the  purpose  aforesaid,  and  immediately  there- 
upon, wlien  the  said  defendants  undertook  to  transport  or  lower  the  said 
plaintiff  from  the  said  upper  or  third  floor  to  the  lower  or  street  floor 
of  their  said  store,  the  said  hoist  or  elevator,  by  reason  of  the  broken, 
insecure  and  insufficient  machinery  by  which  the  same  was  run  and  by 
reason  of  the  negligent  and  careless  conduct  of  the  defendants  in  the 
care  of  the  said  machinery,  and  in  the  running  and  operating  of  the 
same,  and  in  the  running  and  operating  of  the  said  hoist  or  elevator, 
without  any  fault  or  negligence  on  plaintiff's  part  whatsoever,  was  pre- 
cipitated from  said  upper  or  third  floor  into  the  basement  of  said  build- 
ing with  great  and  excessive  rapidity  and  violence,  and  the  plaintiff 

Form  Book — 61 


Form  2741  Cowdeby's  Form  Book.  962 

was  thereby  greatly  bruised,  broken,  damaged,  and  injured  in  his  body 
and  limbs,  and  became  and  was  thereby  made  sick,  sore,  lame  and  dis- 
ordered, and  so  remained  for  a  long  space  of  time,  to  wit,  from  thence 
hitherto,  and  said  plaintiff  sustained  a  fracture  of  his  left  leg  in  the 
ankle  joint,  and  was  otherwise  seriously  injured,  so  that  he  was  confined 
to  his  bed  for  a  long  period  of  time,  to  wit,  three  months,  and  was  there- 
after for  a  period  of  four  months  unable  to  walk,  save  with  crutches, 
and  his  said  left  leg,  by  reason  of  said  fracture,  is  and  always  will  be 
shorter  than  his  other  or  right  leg,  and  the  plaintiff  has  sustained  other 
and  internal  injuries  from  which  he  can  never  recover,  and  the  same 
will  and  do  permanently  affect  and  impair  the  health,  strength  and 
activity  of  plaintiff,  and  said  plaintiff,  for  a  long  period  of  time,  to  wit, 
ever  since  said  accident,  has  suffered  great  pain  of  body  and  anguish  of 
mind. 

That  plaintiff,  at  the  time  aforesaid,  had  no  notice  or  knowledge  that 
the  machinery  whereby  the  said  elevator  or  hoist  was  run  or  operated, 
was  out  of  order,  or  broken  or  insecure,  and  defendants  had  full  notice 
and  knowledge  thereof. 

Wherefore  plaintiff  demands  judgment  for  ten  thousand  dollars  and 
for  his  costs  and  disbursements  in  this  action. 

Lloyd  &  Wood, 
Attorneys  for  Plaintiff. 

NOTE.— Precedent  in  Treadwell  t.  Whittier,  80  Cal.  574,  576,  13  Am.  St. 
Eep.  175,  5  L.  R.  A.  498,  22  Pac.  266. 

No.  2741.  Complaint  Against  Municipal  Corporation  for  Damages  Aris- 
ing Through  Negligent  Control  of  Water  Supply. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complaining  of  the  defendant,  for  cause  of  action  alleges : 
That  defendant  is  a  municipal  corporation,  organized  by  and  under 
an  act  of  the  legislature  of  Utah;  that  under  and  by  virtue  of  the  power 
granted  by  defendant's  charter,  the  defendant  has  taken  the  entire  con- 
trol and  possession  of  all  the  flowing  waters  and  the  watercourses  within 
its  territorial  limits;  that  on  the  first  day  of  July,  1880,  the  defendant 
had  exercised  such  control  and  possession,  that  by  virtue  of  its  ordi- 
nances it  excluded  all  persons  from  any  control  over  or  interference 
witli  the  abundant  waters  Avhich  were  flowing  in  the  city,  under  penal- 
ties to  be  sued  for  and  collected  for  the  benefit  of  said  city,  and  from 
all  use  of  said  waters  except  such  as  should  be  distributed  by  said 
defendant's  agents  and  servants,  to  persons  paying  therefor;  that  on 
said  first  day  of  July,  1880,  the  defendants  turned  the  waters  aforesaid 
then  in  its  control  and  possession,  and  flowing  in  the  vicinity  of  the 
plaintiff's  lot  or  premises,  into  and  upon  the  land  adjacent  to  the  plain- 
tiff's premises,  upon  which  the  plaintiff's  cellar,  in  which  was  stored  a 
stock  of  tobacco  owned  by  the  plaintiff,  and  wrongfully  permitted  and 
caused  the  said  waters  to  run  in  great  volume  into  and  upon  the  said 


963  Negligence.  Furm  274:^ 

adjacent  land  for  a  long  time,  and  tliere  to  accumnlate  in  a  large  body 
without  the  knowledge  or  consent  of  the  plaintiff,  and  tliere  to  soak  into 
the  ground  and  discliarge  itself  in  said  cellar,  and  thereby  filled  said 
cellar  with  water,  and  ruined  said  stock  of  tobacco,  without  any  fault 
or  negligence  of  the  plaintiff,  to  the  damage  of  the  plaintiff  in  the  sum 
of  five  thousand  dollars. 

Wherefore  plaintiff  demands  judgment  against  the  defendant  for  the 

sum  of  $ ,  and  costs  of  suit. 

,  Attorney  for  Plaintiff. 

[Verification.] 

NOTE.— Precedent  in  Levy  v.  Salt  Lake  City,  3  Utah,  64,  1  Pac.  160. 

No.  2742.  Complaint  for  Negligence  Leaving  Pile  of  Earth  in  Highway. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains  of  the  defendant,  and  alleges: 
That  during  all  of  the  times  hereinafter  mentioned  the  defendant 
was,  and  still  is,  a  corporation  organized  under  the  laws  of  the  state  of 
Montana.  That  the  defendant,  on  tlie  twenty-first  day  of  Juno,  1894, 
by  its  agents  and  servants,  wrongfully,  carelessly  and  negligently  exca- 
vated a  deep  and  dangerous  excavation  and  trench  in  and  across  the 
public  street,  road  and  highway  known  as  "Twenty-seventh  Street 
North,"  betw^een  First  Avenue  North  and  Second  Avenue  North,  in  tlie 
city  of  Billings,  Yellowstone  county,  state  of  Montana,  and  said  defend- 
ant, by  its  agents  and  servants,  wrongfully,  negli<iently  and  carelos.vly, 
thus  obstructing  said  highway,  negligently  left  a  large  pile  of  earth 
in  said  road,  street  and  highvray,  and  negligently  suffered  said  pile  of 
eartli  dug  from  said  excavation  and  trench  to  remain  therein  and 
thereon,  obstructing  said  highway  during  the  night-time  of  said  day; 
and  to  remain  therein  and  thereon  openly  exposed,  and  without  any 
protection,  fence,  light,  signal  or  anything  else  to  indicate  danger,  or 
give  notice  to  travelers  or  passers  along  said  highway  against  accidents. 
That  by  reason  of  said  negligence,  carelessness  and  improper  conduct 
of  the  defendant  by  its  said  agents  and  servants,  in  the  night-time  of 
said  day,  while  the  plaintiff  was  lawfully  traveling  on  said  highway  and 
street,  the  two-wheeled  cart  of  tlie  plaintiff  therein  being  tlien  and  there 
driven  by  plaintiff  with  one  horse  drawing  tlie  same,  then  passing 
through  said  street  and  along  and  over  said  road,  street  and  liigliway, 
the  plaintiff  being  then  and  there  wholly  unaware  of  danger,  was,  witli- 
out  fault  or  negligence  on  plaintiff's  part,  accidcntalh'  driven  against 
the  said  pile  of  earth,  and  was  thereby  overturned,  whereof  the  plaintiff 
received  great  bodily  injury.  That  one  of  his  ankles  was  dislocated  and 
badly  sprained,  and  he  is,  as  he  is  informed  and  believes,  permanently 
injured.  Plaintiff  was  made  sick,  sore  and  lame,  was  put  to  gi'cat  pain, 
and  was  and  is  still  prevented  from  going  on  with  his  occupation  and 
business  of  farming;  to  his  damage  in  the  sum  of  five  thousand  dollars. 


Form  2743  Cowdeey's  Form  Book.  964 

Wherefore  plaintiff  demands  judgment  against  the  defendant  for  the 
sum  of  five  thousand  dollars  and  costs  of  this  action. 

f  Attorney  for  Plaintiff. 

[Verification.] 

NOTE. — Precedent  in  Sanderson  v.  Billings  Water  Power  Co.,  19  Mont. 
S36,  47  Pac.  998. 

ITo.  2743.    Complaint  Against  Water  Company  for  Negligence  in  Per- 
mitting Water  to  Escape, 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  fourteenth  day  of  Febniary,  1917,  the  plaintiff  was 
in  the  possession  and  occupancy  of  that  certain  building  situate  on 
L  Street,  in  the  city  and  county  of  San  Francisco,  known  as  No.  15,  and 
was  engaged  in  carrying  on  therein  a  general  merchandise  business,  and 
owned  and  had  stored  therein  large  quantities  of  goods,  to  wit:  groceries 
of  the  value  of  $10,000. 

2.  That  the  defendant  is,  and  at  all  times  herein  mentioned  was,  a 
corporation  duly  incorporated  and  existin::?  under  the  laws  of  the  state  of 
California,  and  that  the  business  of  said  corporation  has  been,  and  is, 
to  supply  the  inhabitants  of  said  city  and  county  with  fresh  water, 
which  water  was  and  is  supplied  through  iron  pipes  heretofore  laid  by 
the  defendant  through  the  principal  streets  of  said  city  and  county, 
and  that  said  pipes  were  and  are  owned  and  controlled  by  the  defendant. 

3.  That  at  all  times  herein  mentioned  a  water  pipe  or  main  was  laid 
on  L  Street,  through  which  water  was  then  flowing  in  great  quantity, 
and  with  great  velocity,  and  under  great  pressure,  and  that  said  pipe 
was  then  owned  and  controlled  by  the  defendant,  and  was  used  by  it 
in  conducting  and  distributing  water  to  the  inhabitants  of  said  city 
and  county. 

4.  That  on  the  said  last-mentioned  day  defendant,  by  its  agents  and 
servants,  was  engaged  in  repairing  said  water  pipe  or  main,  situate  as 
aforesaid,  on  L  Street,  while  the  water  was  flowing  through  said  main, 
but  in  so  doing  did  not  use  proper  or  any  care  therein,  as  it  could  and 
should  have  done,  by  shutting  off  the  flow  of  water  through  said  main 
during  the  process  of  making  said  repairs;  but,  on  the  contrary,  said 
defendant,  and  its  agents  and  servants,  were  guilty  of  gross  negligence 
and  carelessness  in  endeavoring  to  make  said  repairs  while  the  water 
continued  to  flow  through  said  principal  main,  and  thereby  a  groat 
quantity  of  water  was  permitted  to  escape,  and  did  escape,  from  said 
inain  with  great  force  and  velocity,  and  under  great  pressure,  and  that 
by  reason  thereof  said  water  ascended  to  a  great  height,  to  wit;  to  the 
li'eight  of  forty  feet  and  upward,  and  fell  upon  the  roof  of  the  building 
occupied  by  the  plaintiff,  and  descended  into  the  floors  below,  and  flowed 
over,  upon  and  around  goods  which  this  plaintiff  then  owned  and  had 
there  stored,   and   completely   destroyed  and  rendered  valueless   large 


965  Negligence.  Form  2744 

quantities  of  tTio  same,  which  were  then  of  great  value;  to  wit,  of  the 
value  of  $1,000,  to  the  great  injury  and  damage  of  this  plaintiff,  in  the 
sum  of  $1,000. 

No.  2744.    Complaint  Against  Telegraph  Company  for  Negligence  in 

Transmitting  Message. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  the  defendant  is  a  corporation  organized  and  doing  business 
under  the  laws  of  this  state,  and  is,  and  at  all  times  liereinafter  men- 
tioned, was  engaged  in  the  business  of  telegraphing  for  hire. 

2.  That  on  the  eighteenth  day  of  January,  1917,  the  plaintiff  presented 
to  the  defendant,  at  its  office  in  M.,  the  following  message,  to  wit: 

"J.  D.,  San  Francisco.  Buy  one  hundred  tons  of  wheat.  J.  R.  [tlie 
plaintiff]." 

Which  message  defendant  received  and  promised  to  forward,  by  tele- 
graph, to  said  J.  D.,  in  San  Francisco.  That  in  consideration  thereof 
the  plaintiff  paid  the  defendant  $20. 

3.  That  on  account  of  the  negligence  of  the  defendant  said  message 
was  not  transmitted  as  written  by  plaintiff,  but  was  sent  and  delivered 
to  said  J.  D.  so  as  to  read  as  follows: 

**J.  D.,  San  Francisco.     Buy  five  hundred  tons  of  wheat.    J.  R." 

4.  That  said  J.  D.,  in  pursuance  of  said  message  so  delivered  to  him, 
bought  five  hundred  tons  of  wheat  for  the  account  of  the  plaintiff;  that 
immediately  on  learning  the  error  in  said  tele v.ram,  plaintiff  notified  the 
defendant  of  the  same,  and  that  through  said  error  four  hundred  tons 
of  wheat  had  been  bought  more  than  was  directed  to  be  bought  by  the 
original  message  written  by  the  plaintiff,  and  plaintiff  asked  instructions 
from  defendant  relative  to  the  disposition  of  said  four  hundred  tons. 
The  defendant  refused  to  take  anj^  notice  thereof,  or  give  any  instruc- 
tions concerning  said  wheat,  and  the  plaintiff  thereupon  sold  the  same 
at  San  Francisco,  on  the  thirtieth  day  of  Januarv,  1917,  at  the  higliest 
market  rate. 

5.  That  the  price  paid  by  said  plaintiff  for  said  wheat  was  $5,000, 
and  plaintiff  was  compelled  to  pay  the  further  sum  of  $100.  commissions 
on  said  purchase;  that  plaintiff  sold  said  wheat  for  $4,000,  and  was 
compelled  to  pay  $75  commissions  on  said  sale. 


Forms  2760,  2761        Cowdeby  's  Form  Book.  966 


NEW  TRIAL. 

2760.  Notice  of  intention  to  move  for  new  trial. 

2761.  Affidavit  in  support  of  motion  for  new  trial  on  ground  of  abuse  of 

discretion  by  court. 

No.  2760.    Notice  of  Intention  to  Move  for  New  Trial. 
[Title  of  Court  and  Cause.] 

Please  take  notice,  that  tlie  defendant  intends  to  move  the  court  for 
a  new  trial  in  this  case,  upon  the  following  grounds,  viz. : 

First.     That  the  evidence  is  insufficient  to  justify  the  decision. 

Second.     That  said  decision  is  against  law. 

Third.  Errors  in  law,  occurring  at  the  trial,  and  excepted  to  by  the 
defendant. 

The  said  motion  will  be  made  upon  the  minutes  of  the  court. 

[Signature.] 

Dated . 

NOTE. — In  California,  the  party  intending  to  move  for  a  new  trial  nuist, 
within  ten  days  after  the  verdict  of  the  jury,  if  the  action  were  tried  by  a  jury, 
or  after  notice  of  the  decision  of  the  court  or  referee,  if  the  action  were  tried 
•without  a  jury,  file  with  the  clerk,  and  serve  upon  the  adverse  party,  a  notice 
of  his  intention,  designating  the  grounds  upon  which  the  motion  will  be  made, 
and  whether  the  same  will  be  made  upon  affidavits  or  the  minutes  of  the 
court:   California,  Code  Civ.  Proc,  sec.  G59. 

See,  also,  Alaska,  Comp.  Laws  1913,  sees.  996-1004;  Arizona,  Rev.  Stats. 
(Civ  Code  1913),  sec.  585;  Colorado,  Mill's  Ann.  Code,  sec.  217  et  seq.; 
Hawaii,  Rev.  Code  1915,  sec.  2442;  Idaho,  Rev.  Codes  1907,  sec.  4441;  Kan- 
sas, Gen.  Stats.  1915,  sec.  7205  et  seq.;  Montana,  Rev.  Codes  1907,  sec.  6796; 
Nebraska,  Rev.  Code  1913,  sec.  7884  et  seq.;  Nevada,  Rev.  Laws  1912,  sec. 
5319  et  seq.;  North  Dakota,  Comp.  Laws  1913,  sec.  7659  et  seq.;  Oklahoma, 
Harris  &  Day's  Code  1910,  sec.  5033  et  seq.;  Oregon,  Lord's  Oregon  Laws, 
sec.  173  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  5087  et  seq.;  Utah, 
Comp.  Laws  1907,  sec.  3291  et  seq.;  Washington,  Rem.  Code,  sec.  402;  Wyo- 
ming, Comp.  Stats.  1910,  sec.  4601  et  seq. 

No.  2761.    Affidavit  in  Support  of  Motion  for  New  Trial  on  Ground  of 

Abuse  of  Discretion  by  Court. 
[Title  of  Court  and  Cause.] 

Charles  F.  Lott,  being  duly  sworn,  says  that  he  is  one  of  the  counsel 
for  defendant  in  this  cause;  that  in  the  argument  of  said  cause  to  the 
jury,  he  was  limited  to  one  hour  and  a  half;  that  at  the  expiration  of 
said  time  he  wished  to  proceed  with  the  argument  further  to  the  jury. 
and  that  the  court  would  not  allow  him  to  do  so  unless  the  further  time 
should  be  taken  from  the  allotted  time  of  his  colleague,  which  affiant 
refused  to  do. 

That  it  was  utterly  impossible  to  present  a  full  and  fair  argument 
of  the  cause  of  defendant  to  the  jury  in  that  time,  there  being  foiir- 
teen  witnesses  examined,  and  the  testimony  beins?  voluminous  and  all 
circumstantial,  and  that  he  believes  the  case  of  defendant  was  preju- 


967  NONMINERAL    AFFIDAVIT NOTICES. 

diced  by  said  rule  of  the  court,  made  after  the  evidence  was  closed  to 

the  jury. 

Chas.  L.  Lett. 

Subscribed  and  sworn  to  before  me  this  31st  of  December,  1858. 

M.  H.  Darrach, 
Clerk  District  Court,  Butte  County,  California. 

NOTE.— Precedent  in  People  v.  Keenan,  13  Cal.  582. 

This  affidavit  was  held  to  state  a  sufficient  ground  for  a  new  trial. 

NONMINERAL  AFFIDAVIT. 

Nonmineral  Affidavit  (to  be  Used  in  Case  of  a  Mill  Site),  No.  2638. 

NONSUIT. 

Nonsuit,  Judgmept  of,  upon  Opening  Statement  of  Counsel,  No.  2244. 


NOTARY. 


Notary's  Bond,  No.  773. 


NOTES. 

See  Bills;  Pledge. 
Installment  Note  Secured  by  Mortgage,  No.  3135. 


NOTICES. 

2780.  Notice  of  motion. 

2781.  Notice  of  plaintiff's  death. 

2782.  Notice  of  sustaining  demurrer. 

2783.  Notice  of  motion  to  su1?stitate  defendant. 

2784.  Notice  of  hearing — Jrstice's  court. 

2785.  Notice  that  case  is  set  for  trial — Justice's  court. 

2786.  Notice  of  setting  transferred  case  for  trial — Justice's  court. 

2787.  Beturn  of  service  of  notice  of  setting  case  for  trial  or  hearing  of 

demurrer — Justice's  court. 
2738.     Notice  of  intended  sale  under  mortgage  of  deed  of  trust. 

2789.  Request  ^y  heir,  devisee  or  legatee  for  special  notice. 

2790.  Special  notice  of  probate  proceedings. 

2791.  Proof  of  service  of  special  notice  of  probate  proceedings. 

CROSS-REPESENCES. 

Notice.    See  Notice  to  Creditors. 

Notice  by  Assignee  of  Assignment  of  Debt,  No.  505. 

Notice  by  Clerk  of  Filing  Transcript  on  Appeal,  No.  354. 

Notice  by  Creditor  of  Assignment  of  Debt,  No.  504. 

Notice  by  Surety  to  His  Guarantors  to  Defend  Action  on  a  Bond  Signed 

by  Surety  and  Guaranlor.  No.  808. 
Notice  of  Acceptance  of  Substitution,  No.  3481. 
Notice  of  Annual  Meeting,  No.  1305. 
Notice  of  Annual  Meeting,  No.  1306. 
Notice  of  Annual  Meeting  of  Eailroad  Company,  No.  1338. 


Cowdery's  Form  Book.  968 

Notice  of  Appeal— Alternative  Method,  No.  352. 
Notice  of  Appeal  from  Justice's  Court  to  Superior  Court,  No,  359. 
Notice  of  Appeal  to  Supreme  Court.  No.  350. 
Notice  of  Appearance,  No.  380. 

Notice  of  Application  for  Disei:arge  from  Imprisonment,  No.  447. 
Notice  of  Application  for  Letters  of  Administration,  No.  1751. 
Notice  of  Application  for  United  States  Patent  for  Mining  Claim,  No.  2629. 
Notice  of  Application  to  be  Restored  to  Premises,  No.  3712. 
Notice  of  Application  to  Disincorporate,  No.  1337. 
Notice  of  Application  to  Mortgage  by  Church  or  Society,  No.  2712. 
Notice  of  Architect's  Claim  of  Lien,  No.  2503. 
Notice  of  Assignment  of  Legacy,  No.  524. 
Notice  of  Attachment,  No.  586. 

Notice  of  Attachment  of  Stocks  or  Shares,  No.  587. 
Notice  of  Attachment  by  Publication — Wyoming,  No.  589. 
Notice  of  Change  of  Place  of  Business,  No.  1298. 
Notice  of  Change  of  Terms  of  Lease,  No.  2380. 
Notice  of  Claim  of  Lien— Fishing  Industry — Oregon,  No.  2516. 
Notice  of  Claim  of  Lien  for  Propagating  Animals,  No.  2514. 
Notice  of  Claim  of  Lien  on  Railroad  Property — Oregon,  No.  2521, 
Notice  of  Claim  of  Lien  upon  Chattels  for  Labor,  Skill  and  Materials  Ex- 
pended— Oregon,  No,  2518. 
Notice  of  Claim  of  Lien  upon  Chattels,  for  Labor,  Skill  and  Materials  Ex- 
pended— Washington,  ISTo,  2519, 
Notice  of  Completion  of  Work,  No.  2506. 
Notice  of  Constable's  Sale,  No.  1700. 
Notice  of  Contractor's  Claim  of  Lien,  No.  2498, 

Notice  of  Day  Fixed  for  Hearing  Return  of  Sale  of  Real  Estate,  No.  3099. 

Notice  of  Delinquent  Sale,  No.  1315. 

Notice  of  Directors'  Regular  Meeting,  No.  1307, 

Notice  of  Directors'  Special  Meeting,  No,  1308, 

Notice  of  Dissolution  of  Copartnership,  No.  2886. 

Notice  of  Dividcud  in  Bankruptcy,  No.  695, 

Notice  of  Entry  of  Judgment,  No,  2258. 

Notice  of  Exception  to  Sufficiency  of  Sureties,  No.  889. 

Notice  of  Exception  to  Sufficiency  of  Sureties  on  Undertaking  on  Claim  and 

Delivery,  No.  2290. 
Notice  That  Defendant  Excepts  to  Sufficiency  of  Sureties  on  Attachment  or 
Appeal  Bond — Justice's  Court,  No.  2291. 

Notice  of  Filing  Award  to  be  Served  on  Adverse  Party,  No.  399. 

Notice  of  First  Meeting  of  Creditors,  No.  677. 

Notice  of  Foreclosure,  by  Advertisement — North  Dakota,  No.  1964. 

Notice  of  Hearing  of  Arbitration,  No.  395. 

Notice  of  Hearing  of  First  and  Final  Account  of  Administratrix  and  Peti- 
tion for  Final  Distribution,  No.  1572. 

Notice  of  Hearing— Justice's  Court,  No.  2784. 

Notice  of  Hearing  on  Application  Before  Railroad  Commission,  No.  3210. 

Notice  of  Hearing  on  Complaint  Before  Railroad  Commission,  No.  3208. 

Notice  of  Hearing  Petition  to  Invest  Funds,  No,  1833. 

Notice  of  Intended  Sale  Under  Mortgage  or  Deed  of  Trust,  No.  2788. 

Notice  of  Intention  to  Become  Sole  Trader,  No.  3370. 

Notice  of  Intention  to  Move  for  New  Trial,  No.  2760. 

Notice  of  Interest  by  One  in  Possession,  No.  2381, 

Notice  of  Justification  of  Sureties,  No.  2293. 

Notice  of  Justification  of  Sureties— Justice's  Conrt.  No,  2294. 

Notice  of  Laborer's  Claim  of  Lien.  No.  2502. 

Notice  of  Lien  of  Laborer  to  Officer  Holding  Attachment,  No,  2527. 

Notice  of  Levy  on  Real  Property,  No.  1675, 

Notice  of  Location  of  Lode  Claim,  No.  2622, 

Notice  of  Location  of  Oil  Claim.  No.  2621, 


969  Notices. 

Notice  of  Location  of  Placer  Claim,  No.  2620. 

Notice  of  Materialman's  Claim  of  Lien,  No.  2501. 

Notice  of  Motion,  No.  2780. 

Notice  of  Motion  for  Alimony — Costs  and  Counsel  Fees,  No.  1580. 

Notice  of  Motion  for  Change  of  Place  of  Trial,  No.  861. 

Notice  of  Motion  for  Commission  to  Examine  Witness  Out  of  State,  No. 
1544. 

Notice  of  Motion  to  Correct  Award,  No.  402. 

Notice  of  Motion  to  Set  Aside  Default,  No.  1500. 

Notice  of  Motion  to  Set  Aside  Sale  for  Neglect  to  Comply  with  Terms,  No. 
3105. 

Notice  of  Motion  to  Substitute  Defendant,  No.  2783. 

Notice  of  Motion  to  Vacate  Award,  No.  405. 

Notice  of  Motion  to  Vacate  Judgment  and  Enter  a  Different  Judgment,  No. 
2259. 

Notice  of  Pendency  of  Action  of  Ejectment.  No.  1602. 

Notice  of  Pendency  of  Action  to  Foreclose  Mortgage,  No.  1955. 

Notice  of  Pendency  of  Action  for  Partition,  No.  2802. 

Notice  of  Pendency  of  Action  to  Quiet  Title,  No.  3183. 

Notice  of  Petition  for  Removal  of  Trustee,  No.  601. 

Notice  of  Performance  of  Labor  for,  or  of  Furnishing  Materials  to,  Con- 
tractor— Without  Notice,  No.  2505. 

Notice  of  Plaintiff's  Death,  No.  2781. 

Notice  of  Probate  Proceedings,  Special,  No.  2790. 

Notice  of  Postponement  of  Sale,  No.  1702. 

Notice  of  Postponement  of  Sale  of  Real  Estate,  No.  3091. 

Notice  of  Protest,  No.  3150. 

Notice  of  Protest  of  Draft  Payable  at  Sight,  No.  3156. 

Notice  of  Public  Sale  by  Holder  of  Lien  for  Services  Rendered  on  Chattel, 
No.  2525. 

Notice  of  Quitting  Premises  by  Tenant,  No.  2378. 

Notice  of  Sale  of  Personal  Property,  No.  3089. 

Notice  of  Sale  of  Personal  Property,  and  of  Postponement  of  Sale,  No.  1703. 

Notice  of  Sale  of  Real  Estate  at  Auction,  No.  3090. 

Notice  of  Sale  of  Real  Property  at  Private  Sale,  No.  3092. 

Notice  of  Sale  on  Foreclosure  of  Lion,  No.  1932. 

Notice  of  Sale  of  Impounded  Property  to  Satisfy  Lien,  No.  2513. 

Notice  of  Sale  of  Impounded  Animal  to  Satisfy  Lien,  No.  2524. 

Notice  of  Sale — Montana  and  Utah,  No.  1701. 

Notice  of  Setting  Transferred  Case  for  Trial — Justice's  Court,  No.  2786. 

Notice  of  Settlement  of  Administratrix's   Account,  No.   21. 

Notice  of  Sheriff's  Sale  on  Foreclosure  of  Mortgage,  No.  1959. 

Notice  of  Sheriff's  Sale  of  Real  Property,  No.  1699. 

Notice  of  Special  Meeting  of  Stockholders  to  Create  Bonded  Indebtedness, 
No.  1340. 

Notice  of  Substitution  of  Parties  Plaintiff,  No.  3504. 

Notice  of  Suspension  of  Executor,  No.  1806. 

Notice  of  Stockholders'  Meeting  to  Increase  Capital,  No.  1339. 

Notice  of  Subcontractor's  Claim  of  Lien,  No.  2500. 

Notice  of  Taking  Deposition,  No.  1536. 

Notice  of  Taking  Deposition  After  Time  Shortened,  No.  1542. 

Notice  of  Terminating  Tenancy,  No.  2386. 

Notice  of  Termination  of  Tenancy  at  Will.  No.  2382. 

Notice  of  Time  and  Place  for  Proving  Will,  No.  3960. 

Notice  of  Time  and  Place  of  Hearing  on  Application  for  Appraisers  of 
Homestead,  No.  2083. 

Notice  of  Transfer,  -and  of  Time  and  Place  of  Trial,  No.  866i. 

Notice  to  Trustee  of  His  Appointment,  No.  685. 

Notice  of  Trustee's  Sale  Under  Deed  of  Trust,  No.  1459. 


Form  2780  Cowdery  's  Form  Book.  970 

Notice  of  Trustee's  Sale  of  Eeal  Estate  at  Public  Auction,  No.  1482. 

Notice  That  Case  is  Set  for  Trial— Justice's  Court,  No.  2785. 

Notice  That  Owner  will  not  be  Eesponsible  for  Improvements,  No.  2504. 

Notice  to  Appear  Before  Commissioners  in  Partition  in  Probate,  No.  2873. 

Notice  to  Arbitrators  of  Appointment,  No.  394. 

Notice  to  Arbitrators  of  Eevocation  by  Both  Parties,  No.  412. 

Notice  to  Assignee  of  Lien  of  Servant,  etc..  No.  252(5. 

Notice  to  Assignee  of  Preferred  Claim  for  Labor  Done,  No.  2366, 

Notice  to  Claimant  That  Claim  is  Disputed,  No.  2371. 

Notice  to  Co-owner  of  Mine  to  Contribute,  No.  2645. 

Notice  to  County  Clerk  to  Prepare  Papers  on  Appeal,  No.  353. 

Notice  to  Creditor  or  Defendant  of  Laborer's  Claim,  No.  2368. 

Notice  to  Creditors,  No.  2S01. 

Notice  to  Creditors  by  Sheriff,  Published,  No.  544. 

Notice  to  Creditors,  by  Sheriff,  to  Meet  for  Purpose  of  Electing  Assignee, 
No.  543. 

Notice  to  Defendant  That  His  Sureties  must  Justify— Justice's  Court,  No. 
2292. 

Notice  to  Deliver  Possession  at  End  of  Term,  No.  2385. 

Notice  to  Officer  That  Laborer's  Claim  is  Disputed  by  Creditor,  No.  2369. 

Notice  to  Officer  That  Laborer's  Claim  is  Disputed  by  Defendant,  No.  2370. 

Notice  to  Officer  of  Laborer's  Claim,  No.  2367. 

Notice  to  Party  of  Eevocation,  No.  413. 

Notice  to  Pay  Eent  or  Quit,  No.  3716. 

Notice  to  Pay  Eent  or  Surrender  Possession,  No.  2383. 

Notice  to  Perform  Covenants  of  Lease,  No.  2384. 

Notice  to  Perform  Covenants  of  Lease,  No.  2453. 

Notice  to  Plaintiff  of  Application  for  Substitution  of  Party  Defendant- 
Justice's  Court,  No.  3501. 

Notice  to  Plaintiff  of  Arrest — Justice's  Court,  No.  445. 

Notice  to  Sheriff  of  Eelease  of  Attachment,  No.  620. 

Notice  to  Quit  by  the  Landlord,  No.  2379. 

Notice  Where  Service  of  Summons  is  by  Publication — Justice's  Court- 
Washington,  No.  3550. 

No.  2780.    Notice  of  motion. 

[Title  of  Court  and  Cause.] 

To  ,  Attorney  for  Plaintiff. 

The  plaintiff  and  his  attorney  will  please  take  notice  that,  upon  affi- 
davits and  upon  the  files,  papers,  proceedings,  and  records  in  the  above- 
entitled  action,  I  shall  move  the  court,  at  the  courtroom  thereof,  at  the 
. ,  in  the  county  of ,  on  the day  of ,  19 — ,  at  the  open- 
ing of  the  court  on  that  day,  or  as  soon  thereafter  as  counsel  can  be 
heard, . 

Said  motion  will  be  made  and  based  on  the  ground  that and  will 

be  based  on  this  notice,  the  affidavit  of  served  herewith  and  the 

records  and  files  in  the  action. 

Dated  ,  19—. 

,  Attorney  for  Defendant. 

NOTE. — A  notice  of  motion,  other  than  for  a  new  trial,  must  state  when, 
and  the  grounds  upon  which,  it  will  be  made,  and  the  papers,  if  any,  upon  which 
it  is  to  be  based.  If  any  such  paper  has  not  previously  been  served  upon  the 
party  to  be  notified,  and  was  not  filed  by  him,  a  copy  of  such  paper  must  ac- 
company the  notice:  See  Cal.  Code  Civ.  Proc,  sec.  1010. 


971  Notices.  Forms  2781-2783 

No.  2781.    Notice  of  Plaintiflf's  Death. 
[Title  of  Court  and  Cause.] 
To  ,  ,  and  . 

You  and  each  of  you  will  please  take  notice,  and  are  hereby  notified, 

that  the  above-entitled  action  is  pending  in  the court  of  the  state 

of ,  in  and  for  the  county  of  ,  and  on  appeal  to  the  supreme 

court  of  the  state  of  ,  to  partition  certain  lands  in  said  county  of 

• ,  being  part  of ;  that  the  plaintiff,  ,  is  dead;  and  that  the 

interest  of  said  ,   deceased,   durins:  his   lifetime     was  represented 

by  ,  as  his  attorneys,  and  that  said  attorneys  since  the  death  of 

said  ,  pursuant  to  the  statute  in  such  cases  made  and  provided, 

have  continued  to  represent  said  interest.  Your  attention  is  respect- 
fully directed  to  said  litigation,  in  order  that  you  may  appear  therein 
should  you  be  so  advised. 

Dated ,  19—. 

and ,  Attorneys  for  Plaintiff. 

NOTE. — California,  Code  Civ.  Proc,  sees.  385,  763;  Alaska,  Comp.  Laws 
1913,  sec.  869;  Arizona,  R«v.  Stats.  1913,  pars.  397-416;  Idaho,  Rev.  Codes 
1907,  sec.  4108;  Montana,  Eev.  Codes,  6494,  6495;  Washington,  Bern.  Codes, 
sec.  193. 

No.  2782.    Notice  of  Sustaining  Demurrer. 

[Title  of  Court  and  Cause.] 

You  will  please  take  no! ice,  that  the  defendant's  demurrer  to  the 
complaint  herein  has  been  sustained,  and  you  are  given  two  days  in 
which  to  amend. 

Dated  .  [Signature.] 

NOTE. — Time  runs  from  the  date  of  service  of  notice:  California,  Code  Civ. 
Proe.,  sees.  1003-1017.     In  justice's  court:  Code  Civ.  Proc.,  sec.  860. 

No.  2783.    Notice  of  Motion  to  Substitute  Defendant. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice  that  defendant  will,  on  the  third  day 
of  April,  A.  D.  1917,  at  the  office  of  E.  R.,  Esq.,  justice  of  the  peace 
at  the  town  of  C,  county  of  M.,  at  the  hour  of  ten  o'clock  A.  M.  of 
that  day,  apply  to  said  justice  of  the  peace  for  an  order  substituting 
H.  N.  as  defendant  in  this  action,  in  place  of  defendant,  and  discharging 
said  defendant  from  liability  in  said  action. 

Said  motion  will  be  based  on  the  pleadings  herein  and  the  affidavit 
of  defendant,  a  copy  of  which  is  served  herewith,  and  will  be  made 
on  the  ground  that  defendant  has  no  interest  in  the  result  of  said  action, 
and  that  said  H.  N.  is  the  real  party  in  interest  therein. 

Dated   . 

[Signature.] 

[Indorsed:  Service  of  the  within  and  a  copy  of  the  affidavit  of  J.  N. 
admitted  this  26th  day  of  March,  1917.] 
NOTE.— California,  Code  Civ.  Proc,  sec.  386. 


Forms  2784-2787        Cowdery's  Form  Book. 


972 


No.  2784.    Notice  of  Hearing — Justice's  Court. 
[Title  of  Cause.] 

To ,  Plaintiff,  and  to ,  Defendant. 

You  and  each  of  you  will  please  take  notice  that  the  undersigned 
justice  of  the  peace,  before  whom  the  above-entitled  cause  is  pending, 

has  set  for  hearing  the  demurrer  of ,  filed  in  said  cause,  before  me, 

at  my  office  in  said  township,  at o'clock  A.  M.,  on  the day  of 

,  19-. 

Dated  this day  of ,  19—. 

[Official  signature.] 

NOTE. — See  Cal.  Code  Civ.  Proc,  sec.  850. 

No.  2785.    Notice  That  Case  is  Set  for  Trial— Justice's  Court. 

[Title  of  Cause.] 

To  and  .  . 

You  will  please  take  notice  that  the  above-entitled  action  has  been 
set  for  trial  before  me,  at  my  office  at  ,  county  of  ,  at 

o'clock  A.  M.  of ,  19—. 

,  Justice  of  the  Peace. 

No.  2786.    Notice   of   Setting   Transferred   Case   for   Trial— Justice's 

Court. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice,  that  the  above-entitled  case  was,  on  the 
first  day  of  April,  1917,  by  S.  C,  Esq.,  justice  of  the  peace  of  B.  town- 
ship, county  of  C,  transferred  to  my  court  for  trial;  and  you  will 
please  take  notice  that  the  undersigned  justice  of  the  peace,  before 
whom  the  above-entitled  action  is  pending,  has  set  said  cause  for  trial, 
before  himself  at  his  office  in  township  H.,  in  the  town  of  S.,  in  said 
county,  on  Monday,  April  6,  1917,  at  the  hour  of  10  o'clock  A.  M. 

Dated  . 

•         ,  J.  P. 

NOTE.— See  Cal.  Code  Civ.  Proc,  see.  850. 

No.  2787.    Return  of  Service  of  Notice  of   Setting  Case  for  Trial  or 

Hearing  of  Demurrer — Justice's  Court. 
[Title  of  Court  and  Cause.] 

I  hereby  certify  that  I  served  the  attached  notice  of  time  and  place 
of  the  trial  [or  hearing  of  demurrer]  on  the  plaintiff,  A.  B.  [or  defend- 
ant], by  delivering  to  him  personally  at  C.  D.,  in  said  county  and  town- 
ship' on  the  eighth  day  of  June,  1917,  a  copy  of  said  notice. 

Dated . 

.    [Signature.] 


973  Notices.  Forms  2788-2790 

No.  2788.    Notice  of  Intended  Sale  Under  Mortgage  or  Deed  of  Trust. 
To  Whom  It  May  Concern: 

Notice  is  hereby  given,  that  whereas  ,  on  the  day  of  , 

19—,  made,  executed  and    delivered  to  ,  his  note    and  mortgage, 

which   mortgage    was   thereafter    duly    recorded   in   the   office   of    the 
county  recorder  of  the  county  of ,  state  of ;  and 

Whereas,  default  has  been  made  in  the  payment  of  the  interest  upon 
said  promissory  note;  notice  is  hereby  given  that  the  undersigned 
mortgagee  has  elected  to  consider  all  of  the  principal  and  interest  due 
in  consequence  of  said  default,  in  accordance  with  the  terms  of  said 
promissory  note,  and  has  elected  to  sell  said  property  to  satisfy  said 
obligation. 

Dated  . 

,  Mortgagee. 

NOTE.— See  Cal.  Civ.  Code,  sec.  2924. 

In  the  case  of  a  deed  of  trust,  the  notice  must  be  given  by  the  beneficiary. 

No.  2789.    Request  by  Heir,  Devisee  or  Legatee  for  Special  Notice. 
[Title  of  Court  and  Estate.] 

To ,  Executor  [or  administrator,  as  the  case  may  be]  of  the  Estate 

of  the  Above-named  Decedent,  and  to ,  His  Attorney : 

Please  take  notice  that  the  undersigned  requests  special  notice  of  the 
following  mentioned  matters,  steps  or  proceedings  in  the  administration 
of  said  estate,  to  wit: 

1.  Filing  of  petitions  for  sales,  leases  or  mortgages  of  any  property 
of  the  estate. 

2.  Filing  of  accounts. 

3.  Filing  of  petitions  for  distribution. 

4.  Filing  of  petitions  for  partitions  of  any  property  of  the  estate. 
Please  take  notice  that  the  postoffice  address  of  the  undorsiirned  is 

No. , Street, ,  state  of . 

Dated .  [Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1380. 

No.  2790.    Special  Notice  of  Probate  Proceedings. 
[Title  of  Court  and  Estate.] 

To  . 

In  accordance  with  your  request  for  special  notice,  notice  is  hereby 

given  you  that  on  the day  of  ,  the  administrator  of  the  estate 

of  said  deceased,  filed  with  the  clerk  his  first  annual  account. 

Dated , 

[Signed.] 


Forms  2791-2800        Cowdery's  Form  Book.  974 

No.  2791.    Proof  of  Service  of  Special  Notice  of  Probate  Proceedings. 

[Title  of  Court  and  Estate.] 

State  of  , 

County  of  ,   ss. 

,  being  first  duly  sworn,  deposes  and  says:  That  the  annual  ac- 
count of  ,  administrator  of  the  estate  of  said  deceased,  was  liled 

on  the day  of ,  19 — ;  that  within  two  days  thereafter,  to  wit, 

on  the  day  of  ,  19 — ,  affiant  inclosed  a  copy  of  the  annexed 

notice  in  an  envelope  addressed  to ,  at ,  and  prepaid  the  postags 

thereon,  and  deposited  the  same  in  the  United  States  postoffice,  at . 


Subscribed  and  sworn  to  before  me,  ,  this  day  of  , 

19—. 

Notary  Public  in  and  for  the  County  of ,  State  of . 

NOTICE  TO  CREDITORS. 

2800.  Order  directing  notice  to  creditors. 

2801.  Notice  to  creditors. 

2802.  Affidavit  of  publication  of  notice  to  creditors. 

2803.  Decree  establisliing  notice  to  creditors. 

2804.  Notice  of  first  publication  of  notice  to  creditors. 

No.  2800.    Order  Directing  Notice  to  Creditors. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  notice  to  creditors  of  the  above-named  decedent 

be  published  once  each  week  for  four  successive  weeks  in  the  " " 

pursuant  to  section  1490  of  the  Code  of  Civil  Procedure. 

Dated  . 

,  Judge  of  Superior  Court. 


NOTE'. — In  California,  the  executor  or  administrator  must,  immediately 
after  his  appointment,  publish  in  some  newspaper  of  the  county,  if  there 
be  one,  if  not,  then  in  such  newspaper  as  may  be  designated  by  the  court, 
a  notice  of  the  creditors  of  the  decedent,  requiring  them  to  exhibit  their 
claims  with  the  necessary  vouchers,  to  the  giver  of  the  notice  at  the  place 
of  his  residence  or  business,  to  be  specified  in  tlie  notice;  such  notice  must 
be  published  as  often  as  the  judge  or  court  shall  direct,  but  not  less  than 
once  a  week  for  four  weeks.  [The  court  or  judge  may  also  direct  addi- 
tional notice  by  publication  or  posting.  In  case  such  executor  or  admin- 
istrator resigns,  or  is  removed,  before  the  time  expressed  in  the  notice,  his 
successor  must  give  notice  only  for  the  unexpired  time  allowed  for  such 
presentation.]     California,  Code   Civ.  Proc,  sec.  1490. 

See,  also,  Alaska,  Comp.  Laws  1913,  sees.  1652-1661;  Arizona,  Eev.  Stats. 
(Civ.  Code  1913),  sec.  879;  Colorado,  Mill's  Ann.  Stats.  1912,  sec.  799S; 
Hawaii,  Eev.  Code  1915,  sec,  2493;  Idaho,  Eev.  Codes  1907,  sec.  5460; 
Montana,  Eev.  Codes  1907,  sec.  7522;  Nebraska,  Eev.  Code  1913,  sec.  1382; 
Nevada,  Eev.  Laws  1912,  sees.  5963,  5978;  New  Mexico,  Stats.  Ann.  1915, 
see.  2277;  North  Dakota,  Comp.  Laws  1913,  sec.  8734;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec.  6336;  Oregon,  Lord's  Oregon  Laws,  sec.  1238  et  seq.; 
South  Dakota,  Comp.  Laws  1913.  sec.  5787;  Utah,  Comp.  Laws  1907,  sees. 
"848,  3849;  Washington,  Eem.  Code,  see.  1470;  Wyoming,  Comp.  Stats.  1910, 
sec.  5616. 


975  Notice  to  Creditors.  Forms  2801, 2802 

No.  2801.    Notice  to  Creditors. 

[Title  of  Court  and  Proceeding.] 

Notice  is  hereby  given  by  the  undersigned,  ,  as  executrix  of  the 

last  "will  of  ,  sometimes  known  as  ,  deceased,  to  the  creditors 

of  and  all  persons  having  claims  against  the  said  decedent,  to  file  t!iem, 
with  the  necessary  vouchers  within  ten  (10)  months  after  the  first  pub- 
lication of  this  notice,  in  the  office  of  the  clerk  of  the  superior  court 
of  the  state  of  California,  in  and  for  the  city  and  county  of  San  Fran- 
cisco, or  to  exhibit  them,  with  the  necessary  vouchers,  within  ten  (10) 
months  after  the  first  publication  of  this  notice  to  the  said  executrix, 

at  the  office  of  ,  No.  Street,  in  said  ,  county  of  , 

state  of  ,  which  said  office  the  undersigned  selects  as  her  place  of 

business  in  all  matters  connected  with  said  estate  of  ,  sometimes 

known  as ,  deceased. 

Dated  the  day  of  first  publication  hereof,  viz., ,  19 — . 


As  Executrix  of  the  Last  Will  of ,  Deceased. 

NOTE.— California,  Code  Civ.  Proc,  sees.  1490-1492. 

No.  2802.    Affidavit  of  Publication  of  Notice  to  Creditors. 

[Title  of  Court  and  Estate.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

W.  F.,  of  the  said  city  and  county,  being  duly  sworn,  deposes  and 
says:  That  he  is  over  eighteen  years  of  age;  that  he  has  no  interest 
whatsoever  in  the  estate  mentioned  therein  and  is  not  a  party  thereto; 
and  that  he  is  the  principal  clerk  of  the  printers  and  publishers  of 
"The  Shouter,"  a  newspaper  publislied  daily  in  said  city  and  county, 
and  has  charge  of  all  the  advertisements  in  said  newspaper,  and  that 
the  notice  to  creditors  in  the  case  of  the  estate  of  T.  J.,  deceased,  of 
which  notice  the  following  is  a  printed  copy:  [Here  insert  printed 
copy]  has  been  published  once  a  week  for  four  successive  weeks  in  the 
above-named  newspaper,  commencing  on  the  first  day  of  July,  1917, 
and  eiTliim'  on  the  tliirly-first  day  of  July,  1917  (both  days  inclusive), 
and  further  he  saith  not. 

[Signature.] 

Subscribed  and  sworn  to   [etc.]. 

NOTE. — In  California,  evidence  of  the  publication  of  a  document  or 
notice  required  by  law,  or  by  an  order  of  a  court  or  judge,  to  be  publislied 
in  a  newspaper,  may  be  given  by  the  affidavit  of  the  printer  of  the  news- 
paper, or  his  foreman  or  principal  clerk,  annexed  to  a  copy  of  the  document 
or  notice,  specifying  the  times  when  and  the  paper  in  which  the  publication 
was  made:    California,   Code   Civ.  PrOc,  sec.   2010. 

The  publication  must  be  made  daily,  or  otherwise  as  often  during  the  pre- 
scribed period  as  the  paper  is  regularly  issued,  unless  otherwise  provided  in 
Code  of  Civil  Procedure.  The  court  or  judge  may  order  a  less  number  of 
publications  during  the  period:  Code  Civ.  Proc,  sec.  315. 


Forms  2803-2820        Cowdery's  Form  Book.  976 

No.  2803.    Decree  Establishing  Notice  to  Creditors. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  satisfaction  of  this  court  that  due  and  legal 
notice  to  the  creditors  of  said  estate  has  been  given: 

It  is  hereby  ordered,  adjudged  and  decreed  that  due  and  legal  notice 
to  the  creditors  of  said  T.  J.,  deceased,  has  been  given ;  that  the  same 
is  established  of  record,  and  that  this  decree  be  entered  in  the  min- 
utes of  this  court  and  recorded. 

Dated . 

,  Judge. 

NOTE. — After  publication  of  notice  to  creditors  is  given,  as  required  bv 
law,  a  copy  thereof,  with  the  affidavit  of  publication,  or  of  publication  and 
posting,  must  be  filed,  and  upon  such  aflidavit  or  other  testimony  to  the 
satisfaction  of  the  court,  an  order  or  decree  showing  that  due  notice  to 
creditors  has  been  given,  and  directing  that  such  order  or  decree  be  entered 
in  the  minutes  and  recorded,  must  be  made  by  the  court:  California,  Code 
Civ.  Proc,  sec,  1492;  Arizona,  Rev.  Stats.  1913,  par.  881. 

No.  2804.    Notice  of  First  Publication  of  Notice  to  Creditors. 

[Title  of  Court  and  Cause.] 

Notice  is  hereby  given,  pursuant  to  section  1491a,  Code  of  Civil  Pro- 
cedure (Stats.  1911,  c.  282),  that  the  first  publication  of  the  Notice  to 

Creditors  in  the  Matter  of  the  Estate  of ,  Deceased,  a  printed  copy 

of  which  is  hereto  attached,  was  made  in  "Daily  Commercial  News," 
a  newspaper  of  general  circulation  printed  and  published  in  the  city 

and  county  of  San  Francisco,  state  of  California,  on  the  day  of 

,  19—. 


of  the 

Dercnsed. 

Dated,  San  Francisco,  ,  19 — . 

,  Attorney —  for . 


NUISANCE. 

2820.     Complaint  for  damages  for  erecting  a  nuisance. 

No.  2820.    Complaint  for  Damages  for  Erecting  a  Nuisance. 
[Title  of  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  he  is,  and  at  all  the  times  hereinafter  mentioned  was,  the 
owner  and  possessed  of  the  house  and  lot  . 

2.  That  the  defendant  was  also  then  and  there  the  owner  and  pos- 
sessed of  certain  other  premises  contiguous  to  plaintiff's  said  premises. 


977                                   Oath — Objections.  Form  2820a 

3.  Tliat  the    dcfcnclant,  on    or    about  the  day    of 


erected  on  his  said  premises  a  slaughter-house  and  cattle-pens,  and 
furnaces  and  vats  for  making  lard  and  tallow,  and  thereafter  kept  in 
in6  said  pens,  and  slaughtered  in  his  said  slaughter-house,  large  numbers 
of  cattle  and  hogs,  and  made  thereat  tallow  and  lard,  and  thereby,  and 
by  means  of  said  several  acts  and  things,  caused  noxious  and  offensive 
smells  and  loud  and  offensive  noises,  and  tainted  and  corrupted  the 
atmosphere  so  as  to  render  the  dwelling-house  and  premises  of  the  plain< 
tiff  unfit  for  habitation,  and  compelled  plaintiff  to  remove  from  and 
abandon  the  same,  and  thereby  also  prevented  him  from  renting  or 
otherwise  receiving  any  income  therefrom,  to  the  damage  of  the  plain- 
tiff in  the  sum  of dollars  ($ ). 

Wherefore  [etc.], 

[Signature.] 

OATH. 

2820a.    Oath  of  office. 

CEOSS-REFERENCES. 

Oath — Applicant  for  a  Reissue  of  Patent,  No.  2932. 

Oath — Appraisers  on  Execution  Against  Homestead,  No.  2085. 

Oath — Arbitrator's,  No.  396. 

Oath — Attorney  at  Law— Colorado,  No.  248. 

Oath — Attorney  at  Law — Sonth  Dakota,  No.  249. 

Oath — Coroner's  Jury,  No.  1274. 

Oath  of  Witness  Before  Arbitrators,  No.  397. 

0£.th — Witness  Before  Coroner's  Inquest,  No.  1275. 

Oath  to  Final  Ac>:ount  of  Trustee,  No.  688. 

No.  2820a.  Oath  of  Office. 

State  of  California, 

City  and  County  of  San  Francisco. 

I  do  solemnly  swear  that  I  will  support  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  California,  and  that  I  will 
faithfully  discharge  the  duties  of  sheriff  in  and  for  the  city  and  county 
of  San  Francisco,  according  to  the  best  of  my  ability.     So  lielp  me  God. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 


OBJECTIONS. 

Ob.iectiona  to  Account,  No.  24. 

Objections  to  Appointment  of  Administrator.   Xo.   1766. 

Objections  to  Change  of  Name  of  Corporation,  No.  1303. 

Obieetions  to  Confirmation  of  Sale  of  Real  Estate,  No.  3100. 

Objections  to  Partial   Distribution.  No.   1565. 

Objections  to  Petition  for  Order  Directing  Administrator  to  Convey  L;nd, 

No.  1S.S8. 
Objections  to  Sale  of  Real  Estate,  No.  3072. 

Specification  of  Grounds  of  Opposition  to  Bankrupt's  Discharge,  No.  718. 
Form  Book — 62 


Form  2821  Cowdery's  Form  Book.  9TS 


OFFICIAL  BONDS. 

2821.  Official  "bond  of  county  treasurer. 

2822.  Justification  of  sureties  on  state  or  county  bonus. 

2823.  Condition  of  county  treasurer's  'bond — Colorado. 

2824.  Condition  of  sheriff's  bond — Colorado. 

2825.  Condition  of  county  clerk's  bond — Kansas. 

2826.  Official  undertaking  of  constable — Oregon. 

2827.  Official  undertaking  of  justice  of  the  peace — Oregon. 

2828.  Sheriff's  official  undertaking — Oregon. 

2829.  Complaint  on  official  bond. 

CROSS-REFERElSrCES. 

See  Bonds. 
Official  Bond,  No.  768. 

Official  Bond — Corporate  Security,  No.  769. 
Official  Bond  of  County  Treasurer,  No.  810. 

Official  Bond  of    City  and  County  Officers  of  Honolulu.  No.  821. 
Official  Undertaking  of  Constable — Oregon,  No.  815. 
Official  Undertaking  of  Justice  of  the  Peace — Oregon,  No.  816. 

No.  2821.    Official  Bond  of  County  Treasurer. 

Know  all  men   by  these  presents  that   we,  ,  as  principal,   and 

,  ,  ,  ,  ,  and  ,  as  sureties,  are  held  and  firmly 

bound  unto  the  state  of ,  in  the  followino:  penal  sums,  to  wit:  tlie 

said  ,  in  the  penal  sum  of  dollars  ($ ) ;  the  said ,  in 

the  penal  sum  of dollars  ($ ) ;  the  said  ,  in  the  penal  sum 

of dollars  ($ ) ;  the  said ,  in  the  penal  sum  of dollars 

($ ) ;  the  said ,  in  the  penal  sum  of dollars  ($ ) ;  and 

the  said ,  in  the  penal  sum  of dollars  ($ ) ;  for  the  payment 

of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs, 
executors  and  administrators,  jointly  and  severally,  firmly  by  these 
presents. 

Sealed  with  our  seal  and  dated  the  day  of  ,  19 — . 

The  condition  of  the  above  obligation  is  such  that,  whereas  the  above- 

bounden  principal,  ,  was,  at  a  general  election  held  in  said  state, 

on  the  day  of  ,  19 — ,   duly  elected  to  the  office  of  county 

treasurer,  in  and  for  the  county  of  and  state  aforesaid: 

Now,  therefore,  the  condition  of  this  obligation  is  such  that  if  the 

said shall  well,  truly  and  faithfully  perform  all  official  duties  now 

required  of  him  by  law,  and  shall  well,  truly  and  faithfully  execute 
and  perform  all  the  duties  of  such  officer  of  county  treasurer  required 
by  anj^  law  to  be  enacted  subsequently  to  the  execution  of  this  bond, 
then  this  obligation  is  to  be  void  and  of  no  effect;  otherwise,  to  remain 
in  full  force  and  effect. 

[Signatures.] 

[Justification   of  sureties.] 


979  Official  Bonds.  Forms  2822-2825 

No.  2822.    Justification  of  Sureties  on  State  or  County  iioiuls. 

State  of , 

County  of ,  ss. 

and  ,  whose  names  are  subsei'ibed  as  sureties  to  the  above 

bond,  being  duly  sworn,  each  for  himself  says  that  he  is  a  resident  and 

freeholder  within  said  state  of  ;  that  he  is  wortli  the  aniount  for 

which  he  becomes  surety  over  and  above  all  his  debts  and  liabilities, 
in  unencumbered  property,  situated  within  this  state,  exclusive  of  prop- 
erty exempt  from  execution  and  forced  sale. 

[Signatures.] 

Subscribed  and  sworn  to  [etc.]. 

Approved,  .  [Official  signatures.] 

No.  2823.    Condition  of  County  Treasurer's  Bond— Colorado. 

Whereas  the  above-bounden  was  elected  to  the  office  of  county 

treasurer  of  the  county  of ,  on  the  day  of ,  19 — : 

Now,  therefore,  the  condition  of  this  ohliuation  is  such  that  if  the 

said  ,  and  his  deputj^,  and  all  other  pei>  ons  employed  in  his  office, 

shall  faithfully  and  promptly  perform  the  duties  of  said  office,  and  if 

the  said  ,  and  his  deputies,  shall  pay,  according  to  law,  all  moneys 

which  shall  come  to  his  hands  as  treasurer,  and  will  render  a  just  and 
true  account  thereof  whenever  required  by  said  board  of  commissioners, 
or  by  any  provision  of  law,  and  shall  deliver  over  to  his  successors  in 
office,  or  to  any  other  person  authorized  by  law  to  receive  the  same,  all 
moneys,  books,  papers  and  other  things  appertaining  thereto,  or  belong- 
ing to  his  said  office,  then  the  above  obligation  to  be  void;  otherwise, 
to  be  in  full  force  and  effect. 

No.  2824.     Condition  of  Sheriff's  Bond— Colorado. 

Whereas  the  above-bounden  was  elected  to  the  office  of  sheriff 

of  the  county  of ,  on  the  day  of ,  19 — : 

Now  the  condition  of  this  obliaation  is  such  that  if  the  said  

shall  well  and  faithfully  perform  and  execute  the  duties  of  the  office 

of  sheriff  of  said  county  of  ,  during  his  continuance  in  office,  by 

virtue  of  said  election,  without  fraud,  deceit  or  oppression,  and  shall 
pay  over  all  moneys  that  may  come  into  his  hands  as  such  sheriff,  and 
shall  deliver  to  his  successor  all  writs,  papers  and  other  things  pertain- 
ing to  his  office  which  may  be  so  required  by  law,  then  the  above 
obligation  shall  be  void;  otherwise,  to  be  and  remain  in  full  force  and 
effect. 

No.  2825.    Condition  of  County  Clerk's  Bond— Kansas. 

Whereas  the  above-bounden  was  elected  to  the  office  of  county 

clerk  of  the  county  of ,  on  the day  of ,  19 — : 

Now,  therefore,  if  the  said shall  faithfully  perform  all  the  duties 

of  his  office,  and  shall  pay  over  all  moneys  that  may  come  into  his 
hands  as  such  clerk,  as  required  by  law,  and  shall  deliver  to  his  sue- 


Forms  2826-2829        Cowdeby's  Form  Book.  980 

cesser  in  office  all  the  books,  records,  papers  and  other  things  belonging 
to  said  office,  then  the  above  obligation  to  be  null  and  void;  otherwise, 
to  remain  in  full  force. 

No.  2826.    Official  Undertaking  of  Constable— Oregon. 

Whereas  has  been  duly  elected  a  constable  for  the  precinct  of 

,  in  the  county  of  ,  at  an  election  held  on  the  day  of 

,  19 — ,  we,  and  ,  hereby  undertake  that  if  the  said  

shall  not  faithfully  execute  and  return  all  process  to  him  directed  and 
delivered,  and  pay  over  according  to  law  all  moneys  that  shall  come 
into  his  hands  by  virtue  of  his  office,  then  we,  or  either  of  us,  will 

pay  to  the  state  of  the  sum  of  dollars  ($ ). 

[Signatures.] 

Approved  . 

No.  2827.    Official  Undertaking  of  Justice  of  the  Peace— Oregon. 

Whereas, has  been  duly  elected  a  justice  of  the  peace  in  and  for 

the  precinct  of  ,  in  the  county  of  ,  at  an  election  held  on  the 

(Jay  of  ,  19 — ,  we,  and  ,  hereby  undertake  that  if 

the  said shall  not  faithfully  pay  over  according  to  law  all  moneys 

that  shall  come  into  his  hands  by  virtue  of  such  office,  then  we  or  either 

of  us  will  pay  to  the  state  of the  sum  of dollars  {$ ). 

[Signature.] 

Approved        -. 

No.  2828.    Sheriff's  Official  Undertaking— Oregon. 

Whereas,  at  an  election  held  on  the day  of ,  19 — , was 

duly  elected  sheriff  of  the  county  of  ,  we,  and  ,  hereby 

undertake  that  if  the  said shall  not  faithfully  pay  over  according 

to  law  all  moneys  that  may  come  into  his  hands  by  virtue  of  said 
office,   and  otherwise   well   and   faithfully  perform   the   duties   of  such 

office,  then  we,  or  either  of  us,  will  pay  the  state  of  the  sum  of 

dollars  ($ ). 


[Signatures.] 


Approved 


No.  2829.    Complaint  on  Official  Bond. 

[Title  of  court.] 
[Title  of  cause.]  [Title  of  form.] 

The  plaintiff  complains,  and  alleges: 

1.  That  the  defendant,  on  the  day  of ,  19—,  at ,  made 

and  delivered  his  bond,  or  writing  obligatory,  sealed  with  his  seal,  of 
which  the  following  is  a  copy : . 

2.  [Set  forth  the  breach  of  the  bond.] 

Wherefore  [etc.]. 

[Signature.] 


981  Oil  Lands— Options.  Forms  2830, 2831 

OIL  LANDS. 

Oil  claim.     See  Mining. 

Oil  Land,  Lease  of,  No.  2410. 

Notice  of  Location  of  Oil  Claim.  No.  2621. 

OLOGRAPHIC  WILL. 

"Olographic"  or  "Holographic"  Will,  No.  3927. 


OPPOSITION. 

See  Objections. 

Opposition  to  Appointment  of  Administrator,  No.  1753. 

Opposition  to  Appointment  of  Administrator — Another  Form,  No.  1754. 

Opposition  to  Bankrupt's  Discharge,  No.  718. 

Opposition  to  Probate  of  Will,  No.  3976. 

Opposition  to  Sale  of  Personal  Property,  No.  3073. 


OPTIONS. 

2830.  Option  to  purchase  land. 

2831.  Option  to  purchase  mine. 

No.  2830.    Option  to  Purchase  Land. 

Received  of  A.  B.  C.  the  sum  of  five  hundred  dollars,  as  part  pay- 
ment for  the  following  described  property  situated  in  the  county  of 
Alameda,  state  of  California,  and  described  as  follows,  to  wit:  [De- 
scription.] The  entire  price  to  be  paid  for  said  above-described  prop- 
erty is  $10,000,  and  to  be  paid  as  follows:  Nine  thousand  five  hundred 
dollars  to  be  paid  within  thirty  days  after  S.  B.  D.,  attorney  at  law 
of  the  city  of  Oakland,  county  of  Alameda,  notifies  said  A.  B.  C.  that 
the  title  to  said  land  is  perfect  in  E.  F.  G.  Said  attorney  to  make 
his  report  on  said  title  within  ten  days  from  the  date  he  receipts  for  the 
abstract  of  said  title. 

A  deed  to  be  executed  and  delivered  by  the  said  E.  F.  G.  to  said 
A.  B.  C,  or  his  assigns,  on  or  before  the  tenth  day  of  May,  A.  D.  1917. 

Provided,  however,  that  the  payment  of  $9,500  is  paid  at  said  date, 
but  if  not  paid  on  or  before  the  said  tenth  day  of  May,  A.  D.  1917, 
then  this  contract  to  be  of  no  effect,  and  in  that  event  the  said  $500 
to  be  retained  by  said  E.  F.  G.  as  liqnidated  damages. 

Time  is  of  the  essence  of  this  contract. 

Dated  . 

[Signature.] 

No.  2831.    Option  to  Purchase  Mine. 

This  agreement  made  and  entered  into  this  day  of  ,  19 — , 

by  and  between  ,  of  the  county  of  ,  state  of  ,  the  party 

of  the  first  part,  and  ,  and  -,  of  the  same  place,  the  parties  of 

the  second  part,  . 


Form  2831  Cowdeby's  Form  Book.  982 

_  Witnesseth.  That  the  said  party  of  the  first  part,  for  the  considera- 
tions liereinafter  mentioned,  hereby  agrees  to  sell  and  convey  unto 
the  said  parties  of  the  second  part,  or  their  assigns,  the  following  de- 
scribed lands,  mining  claims  and  mining  rights  situate  in  mining 

district,  county  of  ,   state  of  ,  and  knoAvn  as   the  ,  and 

more  particularly  described  as  follows:   [Deseripiion.] 

The  purchase  price  of  said  mining  claims  and  premises  shall  be  one 
hundred  thousand  ($100,000)  dollars,  in  gold  coin  of  the  United  States 
of  America,  payable  on  or  before  five  (5)  years  from  the  date  hereof, 
in  the  manner  hereinafter  provided. 

Upon  the  execution  of  this  agreement,  the  party  of  the  first  part 
agrees  to  place  in  escrow  with  the  Anglo  and  London  Paris  National 
Bank,  at  San  Francisco,  a  good  and  sufficient  deed  conveying  to  the 
parties  of  the  second  part,  the  above-described  premises,  free  and  clear 
of  all  encumbrances  by  him  made,  suffered  or  committed;  also  a  copy 
of  this  agreement;  and  upon  a  full  compliance  with  all  of  the  terms 
and  conditions  of  this  agreement,  the  said  bank  is  empowered,  directed 
and  instructed  to  deliver  said  deed  to  the  said  parties  of  the  second 
part,  or  their  assigns. 

The  parties  of  the  second  part  must,  beginning  with  the  first  day  of 
September,  1916,  pay  to  said  bank,  for  account  of  the  party  of  the 
first  part,  the  sum  of  one  hundred  ($100)  dollars  per  month,  on  the 
first  day  thereof,  during  the  life  of  tliis  agi-eement,  which  payment 
shall  be  applied  on  the  purchase  price  in  case  said  parties  of  the  second 
part,  or  their  assigns,  avail  themselves  of  the  option  to  purchase  herein 
given,  otherwise  to  remain  the  property  of  the  party  of  the  first  part, 
as  rental  for  the  use  and  occupation  of  said  premises.  On  payment 
of  the  one  hundred  ($100)  dollars  falling  due  September  1,  1916,  the 
second  parties  shall  be  entitled  to  possession  of  said  property,  but  not 
until  then. 

The  said  parties  of  the  second  part  must  begin  active  mining  opera- 
tions on  said  premises  not  later  tlian  May  1,  1917,  and  prosecute 
and  continue  the  same  with  reasonable  diligence.  The  parties  of  the 
second  part  shall  do  a  minimum  standard  size  and  gi-ads  development 
work  on  the  tunnel  known  as  No.  4  of  at  least  two  hundred  linear  feet 
per  month  for  the  first  three  months  commencing  on  March  1,  1917, 
and  thereafter  at  least  one  hundred  and  fifty  feet  per  month  for  the 
remainder  of  the  year,  ending  March  1,  1918. 

It  is  understood  by  the  parties  hereto  that  tlie  development  work  in 
Tunnel  No.  4  shall  be  continued  in  the  direction  of  the  main  vein  which 

passes  through  the  or  and  claims  for  the  purpose  of 

opening  the  said  vein.  A  cessation  of  the  work  provided  for  herein 
for  a  period  of  sixty  (60)  days,  whether  consecutive  or  not,  within 
any  six  months'  period,  shall  operate  as  an  abandonment  of  this  agi-ee- 
ment,  and  every  part  thereof;  should  cessation  of  work  thereon  be  oc- 
casioned by  means  beyond  human  control,  or  strikes  or  unforeseen 
accidents,  the  time  so  lost  will  be  extended  during  such  period. 


983  Options.  Form  2331 

The  said  parties  of  the  second  part  further  promise  and  at^ree,  that 
during  the  life  of  this  agreement,  all  underground  mining  operations 
shall  be  conducted  through  shafts  or  tunnels  located  within  the  exterior 
boundaries  of  the  property  herein  described;  and  all  ores  extracted 
therefrom  shall  be  milled  or  treated  on  said  property,  unless  the  writ- 
ten consent  of  the  said  pax-ty  of  the  first  part  has  been  first  obtained 
to  treat  or  mill  the  same  at  other  places. 

The  said  parties  of  the  second  part  further  promise  and  agi'ee,  that 
out  of  all  ores  milled  and  reduced,  they  will  pay  to  said  party  of  the 
first  part,  or  his  duly  authorized  agent,  a  sum  equal  to  fifty  per  cent 
(50%)  of  the  yield  thereof,  after  allowing  one  and  50/100  ($1.50) 
dollars  on  each  ton  of  rock  for  mining  and  milling  the  same,  the  sum 
for  each  month  being  settled  on  this  basis  monthly.  Payments  shall 
be  made  on  or  before  the  fifteenth  day  of  each  month  for  the  ore  ex- 
tracted and  milled  during  the  preceding  month,  and  shall  be  considered 
as  a  partial  payment  on  the  purchase  price  of  said  premises,  in  case 
said  parties  of  the  second  part,  or  their  assigns,  avail  themselves  of 
the  option  to  purchase  herein  given,  otherwise  to  remain  the  property 
of  the  party  of  the  first  part,  as  additional  rental  for  the  use  and 
occupation  of  said  premises.  Five  (5)  days'  notice  in  advance  shall 
be  g-iven  the  said  party  of  the  first  part,  or  his  duly  authorized  aq:ent, 
of  any  clean-up,  in  order  that  he  or  his  agent  ma}^  be  present  at  the 
same. 

It  is  further  understood  and  agreed  that  all  buildings,  machinery, 
tools,  fixtures  and  appliances  placed  on  said  mining  claims  by  second 
parties,  shall,  in  case  the  said  second  parties,  or  their  assigns,  do  not 
avail  themselves  of  the  option  to  purchase  herein  given,  be  deemed  as 
affixed  thereto  and  become  the  property  of  the  said  first  party. 

The  second  parties  shall  have  no  right  to  make  any  alterations  in 
the  equipment  now  on  the  premises  except  upon  written  permission  of 
first  party  first  given  and  received. 

The  second  parties  agi'ee  to  pay  all  state  and  county  taxes  that  may 
be  levied  or  assessed  against  said  property  from  date  hereof,  including 
taxes  payable  in  November,  1916,  and  April,  1917,  and  to  deliver  to 
first  party  paid  tax  bills  at  least  ten  days  before  such  taxes  become 
delinquent,  and  to  do  the  necessary  yearly  assessment  work  upon  the 
unpatented  four  claims,  beginning  with  the  year  1916,  and  prepare, 
make  and  record  the  affidavit  of  the  performance  of  such  work,  said 
affidavit  to  show  tliat  said  work  was  done  for  first  party,  and  to  be 
recorded  not  later  than  January  3d  of  the  following  year,  and  to  insure 
and  keep  insured,  in  a  sum  not  less  than  ten  thousand  ($10,000)  dollars, 
the  buildings,  machinery  and  fixtures  thereon.  Said  policy  of  insur- 
ance to  be  written,  loss  payable  to  first  party;  in  case  of  loss,  the 
money  so  realized  from  the  insurance  shall  be  applied  toward  the  recon- 
struction of  said  premises,  and  if  insufficient,  the  additional  sum  re- 
quired to  replace  said  premises  shall  be  borne  by  the  said  second  parties, 
or  their  assigiis. 


rorm2831  Cowdery's  Form  Book.  98  i 

The  said  parties  of  the  second  part  further  covenant,  promise  and 
agree  to  save  the  said  party  of  the  first  part  harmless  for  any  damage 
or  damages  that  might  occur  in  the  operation  of  said  mining  premises, 
and  for  that  purpose  shall  insure  and  keep  insured  in  some  reliable 
accident  insurance  company,  or  with  the  insurance  department  of  the 
state  of  California,  all  persons  employed  by  them,  or  their  agents,  in 
and  about  said  premises  during  the  life  of  this  agreement. 

The  said  party  of  the  first  part,  or  his  duly  authorized  agent,  shall 
at  all  times  have  tlie  right  to  inspect  said  premises  and  the  under- 
ground workings  of  said  mining  claims,  and  also  the  riglit  to  be  present 
at  the  mill  at  all  clean-ups. 

It  is  further  understood  and  agreed  between  the  parties  hereto,  that 
the  parties  of  the  second  part,  their  successors  and  assigns,  shall  have 
the  right  to  cut  whatever  timber  may  be  necessary  for  mining  purposes. 

Tiie  said  parties  of  the  second  part  further  promise  and  agi'ee  that 
during  the  life  of  this  agreement  they  will  not  do  any  act  or  thing 
which  would  cause  mechanics'  or  other  liens  to  be  placed  against  said 
property,  or  any  part  thereof. 

Tlie  said  party  of  the  first  part  shall  have  the  privilege  at  all  times 
during  the  life  of  this  agTeement  of  causing  to  be  posted,  and  of  keep- 
ing posted  in  a  conspicuous  place  or  places  on  said  mining  premises 
a  notice  in  writing,  reading  to  the  effect  that  the  work  of  developing 
and  mining  on  said  premises  and  any  improvements  thereon,  are  being 
done  wholly  and  solely  at  the  expense  of  the  said  parties  of  the  second 
part,  and  stating  that  the  said  party  of  the  first  part  will  ijot  be  re- 
sponsible for  the  indebtedness  for  labor,  material,  or  at  all,  created 
by  the  said  parties  of  the  second  part  in  connection  with  the  work  and 
operation  of  said  property  during  the  existence  of  this  agreement. 

The  said  parties  of  the  second  part  must,  not  later  than  the  first 
day  of  each  month,  have  in  the  bank  at  Greenville  sufficient  fiinds  to 
cover  the  cost  of  labor  to  be  done  and  materials  to  be  furnished  during 
the  ensuing  thirty  daj'^s  next  thereafter,  and  that  said  monej'  shall  re- 
main there  and  be  used  for  that  purpose. 

It  is  also  further  understood  and  agreed  that  all  work  done  by  the 
said  parties  of  the  second  part  and  all  improvements  put  thereon  by 
the  said  parties  of  the  second  part  sliall  be  done  in  a  good  and  vv^ork- 
manlike  manner  and  mine  fashion  and  at  the  sole  cost  and  expense  of 
the  parties  of  the  second  part. 

It  is  further  agreed  that  the  buildings,  machinery,  equipment,  tools, 
water  ditches,  tunnels,  drifts,  shafts  and  winzes  are  to  be  kept  in  the 
same  good  order  and  repair  as  tlie  same  are  now  at  the  cost  and  expense 
of  the  second  parties,  any  reasonable  wear  and  tear  excepted. 

It  is  furtlier  understood  and  agreed  that  all  notices  provided  for  in 
this  agreement  to  be  served  upon  the  said  party  of  the  first  part  shall 
be  deposited  in  the  United  States  mail,  postage  prepaid  and  addressed 
to  him  at  the  Mills  Building,  San  Francisco,  California,  and  any  notices 
to  be  served  upon  tlie  said  parties  of  the  second  part,  shall  be  deposited 
in  the  United  States  mail,  postage  prepaid  and  addressed  to  them  at 


985  Orders. 

the  Chronicle  Building,  San  Francisco,  Calirornia,  or  In  case  of  assi^- 
mcnt  hereof  to  such  address  as  may  be  requested  by  the  assignee. 

Time  is  of  the  essence  of  this  agreement,  and  should  the  said  parties 
of  the  second  part,  or  their  assigns,  fail,  neglect  or  refuse  to  cariy  out 
any  of  the  terms  and  conditions  hereinabove  stated,  for  the  period  of 
thirty  (30)  days  after  notice  of  default,  this  contract  shall  become  null 
and  void  and  of  no  further  force  and  effect  and  all  payments  made 
thereon  shall  be  retained  by  the  said  party  of  the  first  part  as  liquidated 
damages  for  the  use  and  occupancy  of  said  premises,  and  as  the  con- 
sideration for  which  this  agreement  is  executed,  and  the  said  parties 
of  the  second  part  shall  forthwith  deliver  up  to  the  said  party  of  the 
first  part,  the  peaceful  possession  of  said  premises  and  every  part 
thereof. 

This  agreement  shall  extend  to,  bind  and  be  enforceable  against  the 
heirs,  executors  and  administrators  and  assigns  of  the  respective  parties 
hereto. 

In  witness  whereof  the  parties  hereto  have  hereunto  set  their  hands 
and  seals  the  day  and  year  first  above  written. 

[Signatures.] 


ORDERS. 

2?40.  Order  shortening  time. 

2841.  Order  transferring  cause. 

2842.  Order  to  view  locus  in  quo. 

2843.  Order  extending  time. 

CROSS-EEFEEENCES. 

See  Decrees;  Judgments. 

Ord'3r  Accepting  Eesitrnation  of  Testamentary  Trustee,  No.  1822. 

Order  Adjudging  Administrator  Guilty  of  Contempt  for  Disobeying  Order  to 

Bender  Account,  No.  34. 
Order  Adjudging  That  Person  Named  in  Will  as  Executor  lias  Forfeited  His 

Rioht  to  Letters,  No.  1800. 
Order  Admitting  Foreign  Will  to  Probate,  No.  3986. 
Order  Admitting  Will  to  Probate,  No.  3972. 
Ord'ir  Admitting  Will  to  Probate — Another  Form,  No.  3973. 
Order  Admitting  Will  to  Probate — Another  Form,   No.   3974. 
Order  Allowing  Account  and  Discharging  Trustee,  No.  689. 
Order  Allowing  Debt  Irregularly  Paid,  No.  37. 
Order  Allowing  Intervention,  No.  2186. 

Order  Allowing  Presentation  of  Creditor's  Claim,  No.  1394. 
Order  Amending  Award,  No.  404. 

Order  and  Citation  on  Petition  to  Determine  Heirship,  No.  2057. 
Order  Appointing  Administrator,  No.  1755. 
Order  Appointing  Administrator  With  the  Will  Annexed   When  Executor's 

Right  to  Appointment  is  Forfeited,  No.  1777. 
Order  Appointing  Agent  to  Take  Possession   of  Real  Estate  for  Benefit  of 

Nonresident  "Distributee,  No.  290. 
Order  Appointing  Appraisers  on  Execution  Against  Homestead,  No.  2084. 
Order  Appointing  as  Administrator  Guardian  of  Person  Entitled  to  Letters 

of  Administration,  No.  1756. 
Order  Appointing  Commissioners  to  Make  Partition  in  Probate,  No.  2872. 


Cowdery's  Form  Book.  986 

Order  Appointing  Commissioners  to  Make  Partition  on  Distribution,  No. 
1576. 

Order  Appointing  Day  for  Hearing  Application  for  Letters  of  Guardianship 
of  Incompetent  Person,  No.  2004. 

Order  Appointing  Executor  in  Place  of  Executor  Eemoved  Because  of  Con- 
tempt of  Court,  No.  1854. 

Order  Appointing  Guardian  ad  Litem,  No.  2012. 

Order  Appointing  Guardian  of  Minors,  No.  2005. 

Order  Appointing  Guardian  of  Incompetent  Person,  No.  2006. 

Order  Appointing  Guardian  of  Insane  Person  Where  First  Appointee  Failed 
to  Qualify,  No.  2007. 

Order  Appointing  Eeferee  to  Settle  Account,  No.  25. 

Order  Appointing  Time  for  Hearing  Petition  for  Probate  of  Foreign  Will, 
No.  3985. 

Order  Appointing  Time  for  Hearing  Petition  for  Order  Directing  Convey- 
ance of  Land,  No.  1837. 

Order  Appointing  Special  Administrator,  No.  1745. 

Order  Appointing  Trustee  Under  Will,  No.  1823. 

Order  Approving  an  Administrator's  Agreement  to  Compound  With  a  Debtor, 
No.  1846. 

Order  Approving  of  Administrator's  Payment  of  Debt  Without  Creditor's 
Affidavit,  No.  1826. 

Order  Assigning  Estate  of  Fifteen  Hundred  Dollars,  No.  1630. 

Order  Assigning  Homestead  on  Death  of  Head  of  a  Family,  No.  2991. 

Order  Assigning  Homestead  to  the  Innocent  Party  on  Divorce,  Nos.  2078, 
2079. 

Order  Assigning  Homestead  to  Widow — Common  Property,  No.  2995. 

Order  Assigning  Homestead  to  Widow — Separate  Property,  No.  2996. 

Order  Authorizing  Mortgage  to  be  Given  by  Church  or  Society,  No.  2714. 

Order  Changing  Name,  No.  1304. 

Order  Committing  Administrator  for  Contempt  for  Disobeying  Order  of 
Court,  No.  1129. 

Order  Confirming  Composition,  No.  715. 

Order  Confirming  Eeport  of  Commissioners  in  Partition  in  Probate,  No.  2875. 

Order  Confirming  Report  of  Commissioners  in  Partition  in  Probate  and 
Directing  Sale,  No.  2876. 

Order  Confirming  Report  of  Majority  of  Appraisers  of  Homsetead,  No.  3001. 

Order  Confirming  Sale  of  Contract  to  Purchase  Land,  No.  1835. 

Order  Confirming  Sale  of  Personal  Property,  No.  3111. 

Order  Confirming  Sale  Made  in  Open  Court,  No.  3103. 

Order  Confirming  Sale  of  Real  Estate,  No.  3101. 

Order  Confirming  Sale  of  Real  Estate  by  Authority  of  Will,  No.  3102. 

Order  Convicting  of  Contempt  After  Order  to  Show  Cause,  No.  1124. 

Order  Denying  Petition  for  an  Order  Directing  Administrator  to  Convey 
Land,  No.  1840. 

Order  Directing  Administrator  to  Execute  Conveyance  and  Surrender  Pos- 
session, No.  1842. 

Order  Directing  Administrator  to  Execute  Lease,  No.  3022. 

Order  Directing  Administrator  to  Recover  Property,  No.  1851. 

Order  Directing  Administrator  to  Show  Cause  Why  He  Should  not  be  Re- 
moved for  Omitting  to  Cause  After-discovered  Property  to  be  Appraised. 
No.  1815. 

Order  Directing  Attachment  Against  Administrator  for  Contempt  in  not 
Rendering  Account,  No.  1128. 

Order  Directing  Citation  to  Banker  et  al.  in  Proceedings  to  Recover  Un- 
claimed Deposits,  No.  1825. 

Order  Directing  Execution  of  Deed,  No.  1841. 

Order  Directing  Executor  to  File  Statement,  No.  1814. 

Order  Directing  Executor  to  Invest  Moneys  in  Bonds,  No.  1834. 


987  Orders. 

Order  Directicg  Executor  to  Show  Cause   Why  His  Letters   Should  not  be 

Eevoked  for  Failure  to  Return  Account  of  Sale,  No.  1808. 
Order  Directing  Further  Notice  upon  Settlement  of  Account,  No.  23. 
Order  Directing   Notice   of   Hearing   of  Petition   for  Partition   in   Probate, 

No.  2871. 
Order  Directing  Notice  of  Application  for  Partition  on  Final  Distribution 

to  be  Given,  No.  1575. 
Order  Directing  Notice  of  Proceedings  for  Eemoval  of  Executor  to  be  Given 

by  Publication  and  Mail,  No.  1809. 
Order  Directing  Notice  of  Settlement  of  Account  to  be  Given,  No.  22, 
Order  Directing  Notice  to  Creditors,  No.  2800. 
Order  Directing  Notice  to  Suspend  Executor,  No.  1805. 
Order  Directing  Publication   of  Notice   of  Application   for   Order  Directing 

Executor  to  Invest  Moneys  of  an  Estate,  No.   1832. 
Order  Directing  Summons  in  Unlawful  Detainer  to  be  Served  by  Affixing  a 

Copy  in  a  Conspicuous  Place  on  Property,  No.  3715. 
Order  Directing  Surviving  Partner  to  Kender  an  Account,  No.  1828. 
Order  Dismissing   Without   Prejudice   Petition   for   Order   to   Convey   Land, 

No.  1839, 
Order  Empowering  Administrator  to  Mortgage,  No.  3042, 
Order  Establishing  Fact  That  One  of  Two   Executors  is  Absent  from   the 

State,  No.  1802. 
Order  Establishing  Service   of  Notice   on  Petition  to  Determine  Heirship, 

No.  2058. 
Order  Expunging  Claim,  No.  706. 
Order  Extending  Time,  No,  2843. 
Order  Fixing  Compensation  of  Appraisers  on  Execution  Against  Homestead, 

No.  2091. 
Order  Fixing  Day  of  Hearing  Return  of  Sale  of  Real  Estate,  No.  3098. 
Order  Fixing  Time  and  Place  of  Hearing,  and  for  Publication  of  Notice  of 

Application  for  Dissolution,  No.  1336. 
Order  for  Administrator  to  Give  Further  Security,  No,  1793. 
Order  for  Alimony  Pendente  Lite,  Costs  and  Counsel  Fees,  No.  1582. 
Order  for  Allowance  Out  of  Income  of  Minor,  No.  2032. 
Order  for  Attachment  Against  Administrator  for  not  Rendering  Account, 

No.  33. 
Order  for  Arrest,  No.  441. 
Order  for  Choice  of  New  Trustee,  No,  693. 
Order   for    Citation   to   Administrator   Requiring  Him   to    Render   Exhibit, 

No.  14. 
Order  for  Citation  to  Administrator  to  Account,  No,  867, 
Order  for  Citation  on  Petition  for  Release  of  Surety,  No.  1796. 
Order  for  Contribution  by  Legatee  to  Devisee  Whose  Devise  has  Been  Sold 

to  Pay  Debts,  No.  1236, 
Order  for  Custody  Pending  Guardianship  Proceedings,  No,  2001. 
Order  for  Defaulting  Juror  to  Show  Cause,  No.  1121. 
Order  for  Defendant's  Discharge  After  Bail  Given,  No.  484. 
Order  for  Defendant's  Discharge  After  Bail  Given  on  Appeal — Oregon  and 

Alaska,  No.  488. 
Order  for  Delivery  of  Property  to  Plaintiff — Oregon,  No.  888. 
Order  for  Deposit  Where  Claimant  Cannot  be  Found,  No.  1404. 
Order  for  Equal  Division  of  Homestead  on  Divorce,  No.  2080, 
Order  for  Examination  of  Bankrupt,  No.  696. 
Order  for  Examination   of  Debtor  of  Judgment  Debtor,  or  of  His  Bailee, 

No.  3613. 
Order   Forbidding   Transfer    of   Property    Alleged    to   Belong   to    Judgment 

Debtor,  or  upon  Denial  of  Indebtedness  to  Him,  No.  3615. 
Order  for  Family  Allowance  and  Setting  Apart  Personal  Property,  No,  1876, 
Order  Forfeiting  Bail  Money,  No.  482, 
Order  for  Inspection,  No,  2157, 


Cowdery's  Form  Book.  988 

Order  for  Jury  Trial,  No.  636. 

Order  for  Nonresident  Witness  to  Attend,  No.  3437. 

Order  for  Payment   of   Debts— Clause   That   Claim  Disputed   or  Contingent 

not  Due  be  Paid  into  Court,  No.  1830. 
Order  for  Payment  of  Debts  of  Insolvent  Estate,  No.  1829. 
Order  for  Publication  Where  Defendant  Resides  Out  of  the  State   No.  3.375 
Order  for  Rcappraisement  of  Real  Estate  After  Sale,  No.  2202.   ' 
Order  for  Removal  of  Trustee,  No.  692. 

Order  for  Sale  of  Homestead  and  Division  of  Proceeds  on  Divorce    No   2081 
Order  for  Sale  of  Personal  Property,  No.  3074.  ' 

Order  for  Support  of  Family  Until  Inventory  Returned,  No.  1874. 
Order  for  Writ  of  Assistance,  No.  4000. 
Order  for  Writ  of  Certiorari  to  Issue,  No.  859. 
Order  for  Writ  of  Habeas  Corpus  to  Issue.  No.  2042. 

Order  Granting  to  Nonresident  Guardian  Leave  to  Remove  Ward's  Pronertv 
from  State,  No.  2023.  ^     ^ 

Order  of  Adoption,  No.  254. 
Order  of   Clerk  Fixing  Time  and   Plar-e   for  Hearing  Application  to  Settle 

First  and  Final  Account  and  Petition  for  Final  Distribution,  No    20. 
Order  of  Discharge— To  be  Indorsed  on  Depositions  and  Statement,  No  471 
Order  of  Discharge  After  Bail  Given— Alaska  and  Oregon,  No.  474, 
Order  of  Distribution  on  Composition.  No.  716. 

Order  of  Publication  of  Petition  to  Mortgage  Property  of  Church  or  Society 

No.  2713.  '  ' 

Order  of  Publication  of  Order  to  Show  Cause  on  Guardian's  Application  for 

Order  of  Sale  of  Real  Estate,  No.  2016. 
Order  of  Reference,  No.  673. 
Order  of  Reference  in  Judge's  Absence,  No.  674 
Order  of  Sale,  No.  1644. 
Order  of  Sale  of  Mining  Stock,  No.  3086. 
Order  of  Sale  of  Personal  Property  upon  Petition  for  Sale  of  Bealty,  No. 

oU82. 
Order  of  Sale  of  Real  Estate,  No.  3080. 
Order  of  Sale  of  Real  Estate  by  Guardian,  No.  2019. 
Order  of  Sale  on  Foreclosure  of  Mechanic's  Lien,  No.  1931. 
Order  of  Sale  on  Foreclosure  of  Mortgage,  No.  1958. 
Order  of  Substitution — Justice's  Court,  No.  3503. 
Order  Opening  Default,  No.  1503. 
Order  Prescribing  Notice  of  Application  for  Appointment  of  Guardian.  No, 

2003.  ' 

Order  Purging  of  Contempt,  No.  1123, 
Order  Recalling  Execution,  No.  1664. 
Order  Reducing  Claim,  No.  705. 
Order  Referring  Claim  to  Referee.  No.  1390. 
Order  Reinstating  Suspended  Administrator,  No.  1807. 
Order  Rejecting  Majority  Report  of  Appraisers  of  Homestead,  No.  3002. 
Order  Releasing  Surety,  No.  1798. 

Order  Removing  Administrator  After  Contest  of  His  Account,  No.  1813. 
Order   Removing   Administrator   for   Failure    to    Give   Notice    to   Creditors. 

No.   1810.  ' 

Order  Requiring  Distributee  to  Refund,  No.  1568. 
Order  Requiring  Notice   of   Hearing   Petition   for   Restoration    of   Records 

No.  3291. 
Order  Requiring  Production  of  Will,  No.  3951. 
Order  Revoking  Letters  and  Issuing  Others  to  Person  Having  Prior  Right, 

No.  1819. 
Order  Revoking  Letters  After  Commitment  for  Contempt,   No.   1130. 
Order  Revoking   Letters    After   Commitment   for   Contempt   for  Failure    to 

Account,   No.  35. 
Order  Revoking  Letters  for  Failure  to  File  New  Bonds,  No.  1794. 


989  Orders.  Form  284:0 

Order  Eevolcing  Probate  of  Will,  No.  3982. 

OrdeT  Setting  Apart  Homestead  and  Permitting  Execution  Against  Surplus, 
No.  2090. 

Order  Setting  Eeport  of  Appraisers  for  Hearing,  No.  3000. 

Order  Shortening  Time  for  Examination  of  Witness,  No.  1541. 

Order  Staying  Entry  of  Judgment  on  Award,  No.  403. 

Order  Suspending  Executor,  No.  1S04. 

Order  Suspending  the  Powers  of  Administrator  Until  It  can  be  Determined 
if  He  has  Wasted  Estate,  No.  1816. 

Order  That  Application  for  Letters  of  Administration  and  Contest  for  Let- 
ters will  be  Heard  Together,  No.  1853. 

Order  That  Executor  Give  Bond  Where  \M11  Requires  None,  No.  1799. 

Order  That  Judgment  Debtor  Appear  and  Answer  Concerning  His  Property, 
No.  3611. 

Order  That  No  Trustee  be  Appointed,  No.  686. 

Order   That  Property  of  Judgment  Debtor  be  Applied   to   Satisfaction  of 
Judgment,  No.  3614. 

Order  to  Answer  for  Bailable  Offense,  No.  475. 

Order  to   Answer   When  Bail  has  Been   Taken— To  be  Indorsed  on  "Com- 
plaint," No.  473. 

Order  to  Answer,  Where  Offense  is  not  Bailable,  No.  476. 

OTdor  to  Compromise  Debt,  No.  1845. 

Order  to  Produce  Will,  No.  3950. 

Order  to  Release  Levy,  No.  1674. 

Order  to  Satisfy  or  Answer  a  Complaint,  No.  3206. 

Order  to  Sell  Perishable  Personal  Property,  No.  3075. 

Order  to  Show  Cause  on  Application  to  Mortgage,  No.  3041. 

Order  to  Show  Cause  on  Change  of  Name  and  for  Publication  Thereof,  No. 
1302. 

Order  to  Show  Cause  on  Creditors'  Petition  in  Bankruptcy,  No.  634. 

Order  to  Show  Cause  on  Petition  for  Distribution,  No.  1570. 

Order  to  Show  Cause  on  Sale  of  Mining  Stock,  No.  3077. 

Order  to  Show  Cause  on  Sale  of  Personal  Property,  No.  3076. 

Order  to  Show  Cause  on  Sale  of  Real  Estate,  No.  3078. 

Order  to  Show  Cause  Why  Entire  Estate  Should  not  be  Set  Over  to  Widow, 
No.  1629.  ,,    ,      ^^ 

Order  to  Show  Cause  Why  Lease  of  Real  Estate  Should  not  be  Made,  No. 
3021.  ^_ 

Order  to  Show  Cause  Wty  Party  Should  not  be  Punished  for  Contempt,  No. 
1122. 

Order  Transferring  Cause — Justice's  Court,  No.  866h. 

Order  Transferring  Proceedings  Back  to  Original  Court,  No.  S66g. 

Order   Transferring  Proceedings   on   Account  of   Disqualification   of  Judge, 
No.  SGtie. 

Order  Vacating  Award  and  Ordering  a  Rehearing,  No.  406. 

Order  Vacating  Judgment.  No.  2260.  „  „       ,  .    ^        i 

Order  Vacating  Sale  and  Directing  Resale  on  Failure  of  Purchaser  to  Comply 
With  Bid,  No.  3106. 

No.  2810.     Order  Shortening  Time. 

[Title  of  Court  and  Cause.] 

Good  cause   appearing  therefor,  it  is  hereby  ordered  that  the  time 

of  service    of  the  foregoing  notice  and  affidavit  and  of  this  order  be, 

and  the  same  is  hereby,  shortened,  and  that  the  same  be  served  on  or 

before  Monday,  the  twenty-seventh  day  of  February,  A.  D.  1917. 

Dated  . 

,  Judge. 


Forms  2841, 2842        Cowdery's  Form  Book.  990 

NOTE. — California,  Code  Civ.  Proc,  sees.  1005,  2031;  Alaska,  Comp.  Laws 
1913,  sees.  1474-1490;  Arizona,  Eev.  Stats.  1913,  pars.  1689-1729 j  Idaho, 
Kgv.'  Codes  1907,  sees.  4882-4910. 

No.  2841.    Order  Transferring  Cause. 
[Title  of  Court  and  Cause.] 

It  being  shown  to  the  court,  by  E.  T.,  Esq.,  of  counsel  for  the  defense, 
that  the  judge  of  this  court  was  heretofore  of  counsel  in  a  case  involving 
the  same  title  which  is  in  issue  in  this  cause:  Wherefore,  it  is  ordered, 
that  this  cause  be  transferred  to  the  superior  court  of  Sutter  county 
for  trial. 

Dated . 

,  Judge. 

NOTE. — California,  Code  Civ.  Proc.,  sec.  398;  Arizona,  Rev.  Stats.  1913, 
pars.  841-844;  Idaho,  Rev.  Codes  1907,  sees.  4126-4127. 

No.  2842.    Order  to  View  Locus  in  Quo. 
[Title  of  Court  and  Cause.] 

Whereas  it  appears  to  the  court  that  it  is  proper  and  necessary  that 
the  jury  should  view  certain  places  represented  on  the  diagram  used 
in  this  case,  marked  "]\Iap  of  Road  from  Julian  to  house  of  J.  J.  Bush, 
San  Diego  County,  by  C.  J.  Fox,  1884,"  hereinafter  specified:  It  is 
ordered,  that  the  jury  be  conducted  in  a  body,  in  custody  of  the  sheriff, 
to  such  places,  and  that  the  witness  Valentine  show  to  said  jury  the 
following  places,  viz.:  1.  The  hotel  in  Julian;  2.  The  blacksmith-shop; 
3.  The  stable  near  said  blacksmith-shop;  4.  The  road  traveled  by  the 
witness  and  John  Ivey  the  day  of  the  killing  of  John  Ivey,  when  they 
left  Julian;  5.  The  place  where  lie  (Valentine)  was  when  he  first  saw 
the  defendant,  J.  J.  Bush,  after  leaving  Julian  on  the  day  of  the  killing; 
6.  The  place  where  he  (Valentine)  was  when  he  next  saw  the  defendant, 
J.  J.  Bush;  7.  The  places  on  the  road  where  the  said  Bush  was  when 
he  (Valentine)  saw  him  at  the  two  times  before  mentioned;  8.  The  place 
where  the  killing  of  John  Ivey  took  place;  9.  The  rock  near  by  marked 
on  said  map;  10.  The  trail  going  to  the  house  of  J.  J.  Bush  from  the 
Julian  road;  and  that  said  sheriff  return  said  jury  into  court  without 
unnecessary  delay. 

It  is  ordered  that  the  interpreter,  William  Lyons,  heretofore  sworn 
as  such  in  this  case,  accompany  the  witness  Valentine,  and  that  a  copy 
of  this  order  be  furnished  said  slieriff,  and  be  interpreted  to  said  witness 
Valentine,  so  that  he  may  be  enabled  to  point  out  the  said  places. 

Dated . 

,  Ju(k'e  of  Superior  Court. 

NOTE. — ^Precedent  in  People  v.  Bush,  63  Cal.  625,  10  Pac.  169. 


991  Orders— Partition.  Forms  2843  2860 

No.  2343.     Order  Extending  Time. 
[Title  of  Court  aud  Cause.] 

Good  cause  being  shown  therefor,  it  is  ordered  that  the  time  for 
defendant  to  answer  the  complaint  in  the  above-entitled  action  is  ex- 
tended ten  days  from  the  date  of  this  order. 

Dated . 

,  Judge. 

NOTE. — When  an  act  to  be  done,  as  provided  in  the  Code  of  Civil  Pro- 
cedure, relates  to  the  pleadings  in  the  action,  the  undertakings  to  be  tiled, 
the  justification  of  sureties,  the  preparation  of  statements,  or  of  bills  of 
exceptions,  or  of  amendments  thereto,  or  to  the  service  of  notices  other 
than  of  appeal,  the  time  allowed  by  the  code  may  be  extended,  upon  good 
cause  shown  by  the  judge  of  the  superior  court,  in  and  for  the  county  in 
which  the  action  is  pending,  or  by  the  judge  who  presided  at  the  trial  of 
said  action,  but  such  extension  shall  not  exceed  thirty  days,  without  the 
consent  of  the  adverse  party.  When  it  appears  to  the  judge  to  whom  said 
application  is  made  that  the  attorney  of  record  for  the  party  applying  for 
said  extension  is  actually  engaged  in  attendance  upon  a  session  of  the  legis- 
lature of  this  state,  as  a  member  thereof,  in  which  case  it  shall  be  the 
duty  of  the  judge  to  extend  said  time  until  the  session  of  the  legislature 
ndjourns,  and  thirty  days  thereafter;  but  such  extension  shall  not  exceed 
thirty  davs  without  the  consent  of  the  adverse  party:  California,  Code  Civ. 
Proc,  sees.  1005,  1054;  Idaho,  Kev.  Codes  1907,  sees.  4882-4932;  Montana, 
Rev.  Codes,  sec.  7141. 

PARTITION. 

See  Partition  in  Probate. 

2860.  Complaint  for  partition  of  real  property. 

2861.  Complaint  for  partition  of  land  held  in  common  with  estate. 

2862.  Notice  of  pendency  of  action  for  partition. 

2863.  Summons  in  partition. 

2864.  Statement,  in  summons  in  partition. 

2865.  Confirmation  of  partition  made  by  referee. 

2866.  Decree  of  pai-tition. 

No.  2860.    Complaint  for  Partition  of  Real  Property. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  he   and  the   defendants,  and  ,   are   the  owners   as 

tenants  in  common  of  the  following  described  real  properly,  situate  in 

the  county  of  ,  state  of ,  particularly  described  as  follows,  to 

wit:  ,  and  that  they  are  now  in  possession  of  said  premises. 

2.  That  the  plaintiff  has  an  estate  of  inheritance  therein  to  the  extent 
of  one  undivided  third  part  or  interest  in  the  fee  thereof,  and  that  each 

of  the  said  defendants, and ,  has  a  similar  interest  and  estate 

tlierein,  to  wit,  an  undivided  third  part  thereof. 

3.  That  there  are  no  liens  or  enciunbrances  thereon  appearini:  of 
record,  and  that  no  person  other  than  the  plaintiff  and  said  defendants 
is  interested  in  said  premises  as  owner  or  otherwise. 


Form  2861  Cowdery's  Fokm  Book.  992 

Wherefore  the  plaintiff  demands  judgment: 

For  a  partition  of  the  said  real  property,  according  to  the  respective 
rights  of  the  parties  aforesaid;  or,  if  a  partition  cannot  be  had  with- 
out material  injury  to  those  rights,  then  for  a  sale  of  the  said  premises, 
and  a  division  of  the  proceeds  between  the  parties  according  to  their 
rights. 

[Signature.] 

I^OTE.— See  Cal.  Code  Civ.  Proc,  sec.  752. 

See,  also,  Alaska,  Comp.  Laws  1913,  sees.  1229,  1275;  Arizona,  Eev.  Stats. 
(Civ.  Code  1913),  see.  1043;  California,  Code  Civ.  Proc.,  sec.  1684;  Colorado, 
Mill's  Ann.  Stats.  1912,  sec.  5334  et  seq.;  Hawaii,  Eev.  Code  1915,  sec.  2272 
et  seq.;  Idaho,  Eev.  Codes  1907,  see.  5640;  Kansas,  Gen.  Stats.  1915,  sec.  7543 
et  seq.;  Montana,  Eev.  Codes  1907,  sec  7687;  Nebraska,  Eev.  Code  1913,  sec. 
8285  et  seq.;  Nevada,  Eev.  Laws  1912,  sees.  5527-5583;  New  Mexico,  Stats. 
Ann.  1915,  sec.  4379  et  seq.;  North  Dakota,  Comp.  Laws  1913.  sees.  8024- 
8072;  Oklahoma,  Harris  &  Day's  Code  1910,  sees.  4940-4955;  Oregon,  Lord's 
Oregon  Laws,  sec.  435  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  5362 
et  seq.;  Utah,  Comp.  Laws  1907,  sec.  3522  et  seq.;  Washington,  Eem.  Code, 
see.  1600;  Wyoming,  Comp.  Stats.  1910,  see.  4941. 

No.  2861.    Complaint  for  Partition  of    Land    Held  in  Common  With 

Estate. 
[Title  of  Court  and  Cause.] 

Plaintiff  complaining  avers  that  on  or  about  the  twentieth  day  of 
June,  1901,  she  and  the  defendant,  B.  and  S.  D.,  deceased,  purchased 
from  the  owner  those  certain  parcels  of  real  property  situate  in  the 
city  and  county  of  San  Francisco,  in  the  state  of  California,  constituting 
part  of  blocks  numbers  one  hundred  and  sixty-tliree  and  one  hundred 
and  eiu'hty-six  of  the  Central  Park  Homestead  Association,  and  bounded 
as  follows:  [Description.]  That  the  plaintiff,  the  defendant  B.  and 
said  S.  D.,  deceased,  each  contributed  and  advanced  the  equal  one-third 
of  the  purchase  price  of  said  real  property,  but  it  was  agreed  between 
them  that  the  property  should  be  conveyed  to  the  defendant  B.,  and 
tliat  he  should  hold  the  legal  title  thereto  in  trust  one-third  for  this 
plaintiff  and  one-third  for  the  said  S.  D.,  and  thereafter  the  legal  title 
to  such  property  was  conveyed  to  the  said  B.,  and  has  ever  since  re- 
mained vested  in  him.  That  thereafter,  on  or  about  the  twentieth  day 
of  August,  1901,  the  defendant  B.  made,  executed  and  delivered  to  the 
plaintiff  a  certain  instrument  in  writing  by  him  subscribed,  wherein  and 
whereby  he  acknowledged  that  he  held  the  undivided  one-third  of  both 
said  parcels  of  real  property  in  trust  for  the  plaintiff,  and  ever  after 
the  date  last  named  and  until  the  death  of  S.  D.  hereinafter  stated, 
the  plaintiff,  the  defendant  B.  and  the  said  S.  D.  owned  and  held  all 
the  said  real  property  as  tenants  in  common  thereof,  and  the  plaintiff 
and  said  B.  remained  tenants  in  common  thereof,  each  continuing  to  be 
the  owner  and  holder  of  the  equal  undivided  one-third  thereof. 

That  on  the  fifth  day  of  April,  1914,  the  said  S.  D.  died  testate  in 
said  city  and  county,  and  by  his  last  will  and  testament  devised  the 


993  Partition.  Form  2862 

undivided  one-half  of  all  his  proi^erty  to  his  sister,  J.  D.,  and  the  other 
undivided  one-half  thereof  to  his  nephews  and  nieces  and  his  grand- 
nephews  and  grandnieces,  share  and  share  alike,  and  appointed  the 
defendant  J.  C.  R.  executor  of  his  said  last  will.  That  by  an  order 
of  the  superior  court  of  the  said  city  and  county,  duly  given,  made,  and 
entered  on  the  thirteenth  day  of  May,  1914,  the  said  J.  C.  R.  was 
appointed  the  executor  of  the  last  will  and  testament  of  the  said  S.  D., 
deceased,  and  said  R.  thereafter,  on  the  same  day,  qualified  as  such, 
and  thereafter  on  the  same  day  there  was  issued  to  him  out  of  said 
court  letters  testamentary  on  the  estate  of  said  S.  D.,  and  ever  since  the 
said  last-named  date  the  defendant  J.  C.  R.  has  been  and  still  is  the 
duly  qualified  and  acting  executor  of  the  estate  and  will  of  said  S.  D., 
deceased. 

That  thereafter  and  prior  to  the  first  day  of  October,  1914,  the  said 
J.  D.  died,  as  plaintiff  is  informed  and  believes,  unmarried,  intestate 
and  childless,  and  leaving  as  her  sole  heirs  at  law  her  nieces  and 
nephews,  who  are  the  same  persons  who  are  the  nephews  and  nieces 
of  the  said  S.  D.,  deceased.  That  the  said  S.  D.  left  surviving  him,  as 
plaintiff  is  informed  and  believes,  one  nephew  named  H.  W.  D.,  and 
one  niece,  the  defendant,  M.  G.  S.,  and,  as  said  plaintiff  is  informed  and 
believes,  the  following  grandnephews  and  grandnieces,  to  wit,  the  de- 
fendants S.  C.  S.,  M.  B.  D.  and  S.  D. 

That  the  estate  of  said  S.  D.,  deceased,  has  never  been  distributed 
by  any  order  of  court  or  otherwise,  and  his  will  admitted  to  probate 
as  afosesaid  remains  subject  to  contest.  That  there  may  be  other  grand- 
nepliews  and  grandnieces  of  the  decedent,  S.  D.,  not  hereinbefore  named 
who  are  not  knovrn  to  this  plaintiff,  and  the  plaintiff  desires  to  proceed 
against  all  persons  having  any  interest  in  the  estate  of  S.  D.  and  not 
hereinbefore  named  as  persons  unknown. 

That  the  plaintiff  desires  to  have  partition  made  of  all  the  real  prop- 
erty hereinbefore  described,  and  that  the  undivided  one-third  thereof 
in  value  be  set  aside  to  her  in  severalty. 

Wherefore,  the  plaintiff  prays  that  the  real  property  hereinbefore 
described  be  partitioned  and  the  undivided  one-third  thereof  in  value 
set  aside  to  her  to  hold  in  severalty,  that  another  undivided  one-third 
be  set  aside  in  like  manner  to  the  defendant,  G.  B.,  and  that  the  remain- 
ing one-third  be  in  like  manner  set  aside  to  the  heirs  and  devisees  of 
S.  D.,  deceased.  Plaintiff  prays  for  such  other,  further,  and  different 
relief  as  may  to  the  court  seem  meet  and  equitable,  including  the  allow- 
ance to  her  of  costs  of  suit  and  compensation  for  her  counsel  herein. 

[Signature.] 

No.  2862.    Notice  of  Pendency  of  Action  for  Partition. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that  an  action  has  been  commenced  in  this 
court,  upon  a  complaint  of  the  above-named  plaintiff,  against  the  above- 
Form  Book — 63 


Form  2863  Cowdery's  Form  Book.  994 

named  defendants,  for  the  purpose  of  obtaining  a  partition  and  division 
of  the  premises  therein  described  among  the  owners  tliereof,  [or,  for  a 
sale  thereof,  under  the  direction  of  this  court,  and  for  a  division  of 
the  proceeds  of  such  sale  among  such  owners],  according  to  their  re- 
spective rights,  which  premises  were,  at  the  time  of  the  commencement 

of  this  action,   and  at  the  time  of  filing  this  notice,  situate  in  , 

in  the  county  of ,  state  of ,  and  are  described  in  the  said  com- 
plaint as  follows:  . 

Dated  ,  19—. 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  755. 

This  notice  must  be  filed  by  the  plaintiff  immediately  after  his  complaint 
is  filed,  and  be  recorded  in  the  office  of  the  recorder  of  the  county,  or  of 
the  several  counties  in  which  the  property  is  situated. 

No.  2863.     Summons  in  Partition. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of Send  Greeting  to [giving  the  names 

of  all  persons  named  as  defendants  in  the  complaint,  with  tlie 
further  required  statutory  direction  to  persons  unknown,  where  the 
complaint  shows  that  some  person,  whose  name  is  unknown  to 
plaintiff,  has  or  claims  any  interest  in  or  lien  upon  the  property 

sought  to  be  partitioned;  as,  and  to  ,  executor  of  the  last  will 

of  ,  deceased,  and  all  joint  tenants  and  tenants  in  common, 

and  all  persons  having  any  interest  in  or  lien  of  record  by  mort- 
gage,  judgment,   or  otherwise,   upon   the  property   hereinafter   de- 
scribed, or  any  part  thereof,  and  to  all  persons  unknown  who  have 
or  claim  any  interest  in  said  property,  defendants]. 
You  are  hereby  directed  to  appear  and  answer  tlie  complaint  in  an 

action  entitled  as  above,  brought  against  you  in  the  court  of  the 

county   of  ,  state   of  ,  within  ten   days   after  the   service   on 

you  of  this  summons,  if  served  within  said  county,  or  within  thirty 
days  if  served  elsewhere. 

It  is  sought  by  said  complaint  to  have  the  following  described  prop- 
erty partitioned,  to  wit:  ;  and  you  are  hereby  notified  that  unless 

you  appear  and  answer  as  above  required,  the  said  plaintiff  will  take 
judgment  for  any  money  or  damages  demanded  in  the  complaint  as 
arising  upon  contract,  or  will  apply  to  the  court  for  any  other  relief 
demanded  in  the  complaint. 

[Seal]  [Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  407,  756. 

After  the  last  word  of  the  summons,  "complaint,"  it  is  sometimes  deemed 
advisable  to  insert  the  apparently  unnecessary  words  "including  the  parti- 
tion of  the  real  property  hereinbefore  described."  Without  these  words  in 
the  summons,  it  is  sometimes  difficult  to  obtain  a  loan  secured  by  mortgage 
on  the  land  partitioned  in  an  action  where  service  was  by  publication,  or 
judgment  by  default  had.     If  the  complaint  were  published  with  the  sum- 


995  Partition.  •  Forms  2864, 2865 

mons,  the  quoted  words  would  be  useless,  but  the  statute  docs  not  provide 
for  that,  and  a  publication  of  the  summons  merely,  without  such  words, 
might  not  inform  defendants  fully  enough  of  the  prayer  of  the  complaint. 

No.  2864.     Statement,  in  Summons  in  Partition. 

The  said  action  is  brought  to  obtain  a  decree  from  said  court  that 
the  property  named  in  the  complaint,  being  the  rancho  known  as  the 

,  situated,  lying  and  being  partly  in  the  county  of  ,  and  partly 

in  the  county  of ,  state  of  ,  known  as  the  ,  bounded  and 

described   as   follows:  ,   containing  acres,   be   sold,   and   the 

proceeds  of  such  sale  be  divided  among  the  parties  according  to  their 
respective  rights  and  interests,  in  case  the  court  shall  deem  that  a 
partition  of  the  same  cannot  be  made  without  great  prejudice  to  the 
owners;  but  in  case  the  court  shall  deem  that  partition  can  be  made 
witliout  great  prejudice  to  the  owners,  then  that  the  court  order  a 
partition  of  the  same,  according  to  the  respective  rights  of  the  parties, 
as  ascertained  by  the  coui-t,  and  appoint  a  referee  or  referees  thereof, 
and  designate  the  portions  to  remain  undivided,  in  case  there  shall 
appear  to  be  owners  whose  interests  remain  unknown,  or  are  not  ascer- 
tained, and  for  such  other  and  further  relief  as  shall  appear  to  the 
court  to  be  just  and  equitable  in  the  premises.  And  you  are  notified 
[etc.]. 

NOTE. — This  form  is  to  be  used  in  those  states  where  such  statement 
is  required  to  be  made  in  the  summons. 

No.  2865.    Confirmation  of  Partition  Made  by  Referee. 
[Title  of  Court  and  Cause.] 

Now  comes  ,  referee  appointed  by  the  court  to  make  partition 

herein,  and  reports  as  follows:  [stating  facts  found  as  to  exist- 
ence of  liens  or  encumbrances,  whether  paid  or  not,  amounts  due,  if  any, 
order  of  liens  or  encumbrances,  whetlier  amounts  due  thereon  are 
secured  in  any  manner,  and,  if  secured,  the  nature  and  extent  of  the 
security;  and  also  the  facts  of  the  partition  made  by  the  referee]  ;  and 
the  court,  having  examined  said  report  and  heard  the  evidence  offered, 
and  it  appearing  to  the  court  that  all  things  directed  by  law  to  be  done 
prior  to  this  order  of  confirmation  have  been  done,  approves  said  report 
and  confirms  said  partition. 

It  is  therefore  ordered,  adjudged  and  decreed  by  the  court  that  said 
partition  so  made  by  said  referee  be  confirmed,  and  the  same  is  hereby 
confirmed  and  made  effectual  between  said  parties,  and  that  in  accord- 
ance therewith  there  be  vested  in  ,  in  severalty,  in  lieu  of  hi  a 

undivided  share  of  said  estate,  the  property  described  as  follows,  to 

wit :  . 

The  property  so  partitioned  is  described  as  follows,  to  wit :  . 

Dated ,  19—. 


Judee  of  the Court. 


NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  761,  762,  764,  765. 


'Forms  2866-2870        Cowdery's  Form  Book.  996 

No.  2866.    Decree  of  Partition. 
[Title  of  Court  and  Cause.] 

This  matter  having  been  heard  and  submitted  to  the  court  for  judg- 
ment, and  it  appearing  to  the  court  that  all  things  directed  by  law 
to  be  done  have  been  done  prior  to  this  order  of  confirmation:  It  is 
ordered,  adjudged  and  decreed  that  said  partition  so  made  by  said 
commissioner  be  confirmed,  and  the  same  is  hereby  confirmed  between 
said  parties,  and  that  in  accordance  therewith  there  be  vested  in  A.  B.  C, 
in  severalty,  in  lieu  of  his  undivided  share  of  said  estate,  the  property 
described  as  follows,  to  wit:    [Description]. 

[Proceed  with  others  in  same  manner.] 

The  property  to  be  so  partitioned  is  described  as  follows,  to  wit: 
[Description] . 

Dated ,  19—. 

,  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1684. 


PARTITION  IN  PROBATE. 

2870.  Petition  for  partition  in  probate. 

25^71.  Order  directing  notice  of  hearing  of  petition  for  partition  in  proliate. 

2872.  Order  appointing  commissioners  to  make  partition  in  probate. 

2873.  Notice  to  appear  before  commissioners  in  partition  in  probate. 

2874.  Report  of  commissioner  in  partition  in  probate. 

2875.  Order  confirming  report  of  commissioners  in  partition  in  probate. 

2876.  Order  confirming  report  of  commissioners  in  partition  in  probate  and 

directing  sale. 

No.  2870.    Petition  for  Partition  in  Probate. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  Superior  Court  aforesaid: 

Tlie  petition  of respectfully  represents: 

That  heretofore  letters  of  administration  were  duly  issued  herein  to 

,  and  he  immediately  entered  upon  his  duties  as  administrator  of 

said  estate  of ,  deceased; 

That  said  estate  has  been  fully  administered,  that  a  petition  for  final 
distribution  has  been  filed  and  is  now  pending,  but  that  a  decree  of 
distribution  has  not  yet  been  entered; 

That  the  decree  of  distribution,  when  made  herein,  will  assign  the 
real  property  of  said  estate,  in  common  and  in  undivided  shares,  to 
the  heirs  of  said  deceased,  who  are  named  in  said  petition,  and  who 
are  your  petitioner, , ,  and . 

Wherefore  your  petitioner  prays  that  an  order  of  this  court  be  made 
and  entered  appointing  commissioners  to  segregate  and  assign  to  each 
one  of  said  heirs  his  sliare  of  said  real  estate. 

,  Petitioner. 

,  Attorney  for  Petitioner. 


997  Partition  in  Probate.         Forms  2871-2873 

No.  2871.    Order  Directing  Notice  of  Hearing  of  Petition  for  Partition 

in  Probate. 
[Title  of  Court  and  Estate.] 

Tlie  petition  of ,  praying  for  the  partition  of  the  estate  of , 

deceased,  heretofore  distributed  in  undivided  slinres  by  the  dcr-ree  of 
this  court  to  the  heirs  of  said  deceased,  having  been  filed  lierein,  it  is 

ordered  that  Monday,  the  first  day  of  ,  19—,  at  —  o'clock  in  the 

afternoon,  and  the  courtroom  of  this  court  in ,  in  the  county  afore- 
said, be  and  the  same  hereby  are  appointed  as  the  time  and  place  for 
hearing  said  petition,  and  it  is  further  ordered  that  notice  of  said 
hearing  be  published  daily  for  at  least  ten  days  before  said  hearing,  in 
the  " ,"  a  newspaper  published  in  said  county. 

'  *  ,  Judge  of  Superior  Court. 

No.  2872.     Order    Appointing    Commissioners    to    Make    Partition    in 

Probate. 
[Title  of  Court  and  Estate.] 

The  petition  of  ,  praying  for  the  appointment  of  commissioners 

to  make  partition  of  the  property  of    the  estate  of    ,   deceased, 

coming  on  regularly  this  day  for  hearing,  and  it  appearing  that  due 
and  legal  notice  thereof  has  been  given  as  required  by  law  and  tlie 
order  of  this  court,  and  it  appearing  that  a  decree  of  distribution  lias 
been  made  and  entered  herein,  distributing  said  property  in  undivided 
shares  to  those  entitled  thereto,  and  that  it  is  necessary  to  appoint  said 
commissioners  to  make  a  partition  thereof: 

It  is  ordered  that  ,  ,  and  ,  be  and  they  are  hereby  ap- 
pointed commissioners  to  make  partition  of  said  property  to  those  enti- 
tled thereto,  in  accordance  with  the  decree  of  distribution  heretofore 
entered  herein. 

'  *  ,  Judge  of  Superior  Court. 

No.  2873.    Notice   to   Appear  Before   Commissioners    in   Partition   in 
Probate. 

[Title  of  Court  and  Estate.] 

To  [here  insert  the  names  of  all  parties  interested  in  the  estate,  includ- 
ing the  administrator]  : 

You  are  hereby  notified  that  the  undersigned  commissioners,  here- 
tofore appointed  to  make  partition  of  the  above-entitled  estate,  will 

meet  at  the  office  of  ,  street,  ,  California,  at  —  o'clock 

. M.    on  the day  of  ,  19 — ,  to  make  said  partition,  at  which 

time  you  may  produce  any  testimony  relevant  to  such  matter. 

Dated ,  19—. 


Commissioners. 


Forms  2874, 2875        Cowdery's  Form  Book.  998 

Mo.  2874.    Report  of  Commissioners  in  Partition  in  Probate. 

[Title  of  Court  and  Estate.] 

To  the  Honorable  Superior  Court  aforesaid: 

Tlie  undersigned,  heretofore  appointed  by  this  court  to  make  partition 

of  the  estate  of ,  deceased,  in  pursuance  of  an  order  of  distribution 

heretofore  made  and  entered  herein  (a  certified  copy  of  which  said  order 
of  distribution  and  order  appointing  said  commissioners  was  duly  issued 
to  us  as  our  commission  to  act  as  such  commissioners,  and  is  annexed 
hereto),  respectfully  make  the  following  report: 

1.  That  in  pursuance  of  law,  our  oath  of  office  as  such  commissioners 
was  indorsed  upon  our  said  commission,  and  was  subscribed  by  each 
of  us,  and  we  each  took  said  oath  of  office  before  an  officer  authorized 
to  administer  oaths  and  certify  thereto,  and  said  oath  has  been  prop- 
erly certified  by  said  officer,  all  of  which  will  fully  appear  by  reference 
to  said  commission  above  referred  to ; 

2.  That  we  as  such  commissioners  gave  due  notice  of  the  time  and 
place  when  and  where  they  would  make  said  partition  to  all  persons 
interested  therein; 

3.  That  in  pursuance  of  said  notice,  and  at  the  time  and  place  men- 
tioned therein,  to  wit,  at  ,  said  commissioners  met,  all  being  pres- 
ent, and  proceeded  to  hear  th?  allegations  and  proofs  of  the  interested 
parties,  and  to  make  partition  of  said  property; 

4.  That  after  hearing  said  proofs  and  allegations,  and  after  viewing 
the  said  property,  said  commissioners  find  a  partition  thereof  cannot 
be  had  without  prejudice  and  inconvenience  to  the  owners  thereof; 

5.  That  the  true  value  of  said  property  is  as  follows  [here  insert  a 
list  of  the  properties,  describing  them  and  stating  the  value  of  each 
parcel  separately] ; 

6.  That  we  recommend  that  the  whole  of  said  property  be  assigned 

to ,  one  of  said  interested  parties,  who  elects  to  take  the  same  and 

pay  the  value  thereof. 

bated ,  19—. 


Commissioners. 

No.  2875.    Order  Confirming  Report  of  Commissioners  in  Partition  in 

Probate. 
[Title  of  Court  and  Estate.] 

The  report  of  ,  ,   and  ,   the   commissioners  heretofore 

appointed  by  this  court  to  make  partition  of  the  property  of  the  above- 
named  estate,  having  been  filed  herein,  and  it  appearing  therefrom  that 
Baid  commissioners  have  performed  their  duties  as  required  by  law: 

It  is  therefore  ordered  tliat  said  report  be  and  the  same  is  hereby 
confirmed. 


999  Partition  in  Probate — Partnership.     Forms  2876,  2880 

It  is   furtlicr  ordered  that  said  property  be   distributed   as   follows, 

in  pursuance  of  said  report   [here  insert  distribution  as  reported  by 

commissioners,  giving  the  name  of  the  party  to  whom  each  parcel  is 

distributed,   together  with  a  description  of  the  parcel   distributed  to 

such  i)erson]. 

Dated ,  19—. 

,  Judge  of  Superior  Court. 

No.  2876.    Order  Confirming  Report  of  Commissioners  in  Partition  in 
Probate  and  Directing  Sale. 

[Title  of  Court  and  Estate.] 

The  report  of , ,  and  ,  the  commissioners  heretofore  ap- 
pointed by  this  court  to  make  partition  of  the  property  of  the  above- 
named  estate,  having  been  filed  herein,  and  it  appearing  therefrom  that 
said  commissioners  have  performed  their  duties  as  required  by  law; 

It  is  therefore  ordered  that  said  report  be  and  the  same  is  hereby 
confirmed ;  and  it  appearing  from  said  report  that  the  property  of  said 
estate  cannot  be  divided  without  prejudice  to  the  owners,  and  that  the 
true  value  of  said  property  as  shown  by  said  report  is  ten  thousand 
dollars,  and  tliat  no  one  of  the  owniers  will  take  all  of  said  property 
and  pay  its  said  value  so  that  the  money  accruing  therefrom  may  be 
divided  among  those  entitled  thereto,  and  it  further  appearing  that  in 
order  to  secure  an  equitable  division  of  said  property  a  sale  thereof 
is  necessary; 

It  is  further  ordered  that  the  whole  of  said  property  of  said  estate 
be  sold  accordiiiii-  to  law,  and  that  the  proceeds  of  such  sale  be  divided 

in  equal  shares  among  the  owners  of  said  property,  to  wit,  ,  , 

and . 


PARTNERSHIP. 

2880.  Articles  of  copartnership. 

2881.  Articles  of  copartnership  between  merchants. 

2882.  Eenewal  of  partnership  to  be  indorsed  on  original  articles. 

2883.  Dissolution  of  partnership  to  be  indorsed  on  the  original  articles. 
2883a.  Certificate  of  copartnership. 

2884.  Assignment  of  partnership  property  and  debts  by  one  partner  to  an- 

other  on  dissolution. 

2885.  Certificate  of  residence  of  partnership. 

2886.  Notice  of  dissolution  of  copartnership. 
2SS7.     Complaint  against  partners. 

2888.  Complaint  by  surviving  partner. 

2889.  Answer  alleging  partnership  agreement. 

No.  2880.    Articles  of  Copartnership. 

Articles  of  copartnership,  made  and  entered  into  the  twenty-first  day 
of  December,  in  the  year  of  our  Lord  one  thousand  nine  hiindred  and 
seventeen,  between  J.  H.,  of  the  city  and  county  of  San  Francisco, 


Form  2880  Cowdery's  Form  Book.  1000 

state  of  California,  C.  H.,  of  said  city  and  county,  and  J.  S.,  of  the 
same  place. 

The  said  parties  above  named  have  agreed,  and  by  these  presents  do 
agree,  to  become  copartners  in  business  together,  tinder  and  by  the 
name,  firm,  and  style  of  "IT.  &  Co.,"  in  the  business  of  groceries  and 
provisions,  and  in  buying,  selling,  and  vending  all  sorts  of  goods,  wares, 
and  merchandise  to  said  business  belonging,  and  to  occupy  the  store 
at  No.  213  Battery  street,  in  said  city  and  county  of  San  Francisco ; 
their  copartnership  to  commence  on  the  first  day  of  July,  1918,  and  to 
continue  five  years  thence  next  ensuing,  fully  to  be  completed  and  ended, 
and  to  that  end  and  purpose  the  said  parties  have  delivered  in  as  capital 
stock  the  sum  of  thirty  thousand  (30,000)  dollars.  United  States  gold 
coin,  share  and  share  alike,  to  be  used  and  employed  in  common  between 
them,  for  the  support  and  management  of  the  said  business,  to  their 
mutual  benefit  and  advantage. 

And  it  is  agreed,  by  and  between  the  said  parties,  that  at  all  times 
during  the  continuance  of  their  copartnersliip,  they  and  each  of  them 
will  give  their  attendance,  and  do  their  and  each  of  their  best  endeavors, 
and  to  the  utmost  of  their  skill  and  power  exert  themselves,  for  their 
joint  interest,  profit,  benefit  and  advantage,  and  will  buy  and  sell 
merchandise  with  their  joint  stock,  and  the  increase  thereof,  in  the 
business  aforesaid;  that  they  shall  and  will,  at  all  times  during  their 
copartnership,  bear,  pay,  and  discharge,  equally  between  thorn,  all  rents 
and  other  expenses  that  may  be  required  for  the  support  and  manage- 
ment of  the  said  business;  that  all  gains,  profits  and  increase  that 
shall  come,  grow  or  arise  from  or  by  means  of  the  said  business,  shall 
be  divided  between  them,  share  and  share  alike;  and  all  loss  that  shall 
happen  to  their  said  joint  business,  by  bad  debts,  or  otherwise,  shall 
be  borne  and  paid  equally  between  them;  that  there  shall  be  kept,  at 
all  times  during  the  continuance  of  their  copartnership,  perfect,  just 
and  true  books  of  accounts,  wherein  each  of  the  said  copartners  shall 
enter  and  set  down,  as  well  all  money  by  them,  or  either  of  them,  re- 
ceived, paid,  laid  out,  and  expended  in  and  about  the  said  business 
as  also  all  the  goods,  wares,  commodities  and  merchandise,  by  them  or 
either  of  them  bought  or  sold,  by  reason  or  on  account  of  the  said 
business,  and  all  other  matters  and  things  whatsoever  to  the  said  busi- 
ness and  management  thereof  in  any  wise  belonging;  which  said  liooks 
shall  be  used  in  common  between  the  said  copartners,  so  that  either  of 
tliem  may  have  access  thereto  without  any  interruption,  or  hindrance  of 
the  other;  that  the  said  copartners,  once  in  each  year,  during  the  con- 
tinuance of  the  said  copartnership,  as  aforesaid  (to  wit,  on  the  first 
day  of  January,  in  each  year),  or  oftener  if  necessary,  shall  make,  yield, 
and  render,  each  to  the  other,  a  true,  just  and  perfect  inventory  and 
account  of  all  the  profits  and  increase  by  them,  or  either  of  them,  made, 
and  of  all  loss,  by  them,  or  either  of  them,  sustained;  and  also,  of  all 
payments,  receipts  and  disbursements  and  of  all  other  things  by  them 


1001  Partnership.  Form  2881 

made,  received,  disbursed,  acted,  or  suffered,  in  tlieir  said  business;  and 
the  same  account  beim;  so  made  they  shall  and  Avill  clear  and  adjust, 
each  to  the  other,  at  the  time,  their  just  sliare  of  the  profits  so  made 
as  aforesaid  [that  during  the  continuance  of  the  said  copartnership, 
neither  of  them  shall  or  will  indorse  any  note,  or  otherwise  become 
security  for  any  person  or  persons  whomsoever,  without  the  consent  of 
tlie  other  said  copartner]  ;  that  at  the  end,  or  other  sooner  determina- 
tion of  their  copartnership,  the  said  copartners,  each  to  the  other,  shall 
and  will  make  a  true,  just  and  final  account  of  all  things  relating  to 
their  said  business;  and  in  all  things  truly  adjust  the  same;  and  that 
all  and  every  stock  and  stocks,  as  well  as  the  gains  and  increase  thereof, 
which  shall  appear  to  be  remaining,  either  in  moneys,  goods,  wares,  fix- 
tures, debts  or  otherwise  shall  be  divided  between  them,  share  and  share 

alike. 

[Signatures.] 

No.  2881.    Articles  of  Copartnership  Between  Merchants. 

Articles  of  a^^reement,  made  and  entered  into  this  sixth  day  of  June, 
1917,  between  A.  B.,  of,  etc.,  of  the  one  part,  and  C.  D.,  of,  etc.,  of  the 
other  part,  witnesseth  as  follows: 

The  said  A.  B.  and  C.  D.  have  joined,  and  by  these  presents  do  join 
themselves,  to  be  copartners  together,  in  the  business  of  general  country 
merchants,  and  all  things  thereto  belonging;  and,  also,  in  buying,  sell- 
ing-, and  retailing  all  sorts  of  wares,  goods,  merchandise  and  commodi- 
ties, and  all  kinds  of  produce  usually  kept  and  sold  in  a  country  store, 
and  in  such  commission  business  as  may  appertain  to  the  same;  whicli 
said  copartnership  is  to  be  conducted  under  the  name,  style,  and  firm  of 
B.  &  D.,  at  the  town  of  Dutch  Flat,  county  of  Placer,  state  of  California, 
and  shall  continue  from  the  first  day  of  July  1917,  for  and  during,  and 
unto  the  end  and  term  of  two  years,  from  thence  next  ensuing,  fully  to 
be  complete  and  ended. 

And  to  that  end  and  purpose  the  said  parties  to  these  presents  have, 
the  day  of  the  date  hereof,  delivered  in  as  stock  the  sum  of  one  thou- 
sand dollars,  share  and  share  alike,  to  be  used,  laid  out,  and  employed 
in  common  between  them  for  the  management  of  the  said  business,  as 
aforesaid,  to  their  mutual  benefit  and  advantage;  and  it  is  agi-eed  be- 
tween the  said  parties  to  these  presents,  that  the  capital  stock  of  the 
firm  hereby  constituted  shall  be  made  and  kept  up  to  the  sum  of  one 
thousand  dollars,  share  and  share  alike ;  that  the  same  may  at  any  time 
be  reduced  or  extended  by  agi-eement  between  the  parties  hereto;  and 
that  the  said  capital  stock,  together  with  all  credits,  goods,  wares  or 
commodities  bought  or  obtained  by  the  said  firm,  by  barter  or  otherwise, 
shall  be  kept,  used  and  employed  in  and  about  the  business  aforesaid; 
and,  for  that  purpose,  each  partner  shall  have  poAver  to  use  the  name  of 
the  firm,  and  to  bind  the  same,  in  making  contracts  and  purchasing  goods 
at  the  city  of  San  Francisco  or  elsewhere,  and  in  otherwise  trading,  buy- 


Forms  2882-2883a      Cowdery's  Form  Book.  1002 

ing  and  selling  on  account  of  the  said  firm,  and  for  the  benefit  and  be- 
hoof thereof,  and  not  otherAvise;  provided  however,  tliat  neither  party 
shall  contract  liabilities  in  the  name  and  on  the  credit  of  the  firm,  in 
purchasing  and  replenishing  their  stock  of  goods,  and  merchandise,  to 
exceed  the  sum  of  five  hundred  dollars,  without  the  consent  of  the  other 
partner;  and,  also,  that  neither  of  the  said  copartners  shall  or  will,  diir- 
ing  the  said  term,  exercise  or  follow  the  trade  or  business  of  merchan- 
dising, as  aforesaid,  in  the  said  county  of  Placer,  for  his  private  benefit 
or  advantage;  but  shall,  at  all  times,  do  his  best  endeavor,  in  and  by 
all  lawful  means,  to  the  utmost  of  his  skill  and  power,  for  the  joint 
interest,  profit,  benefit,  and  advantage  of  the  firm  aforesaid;  and  truly 
employ,  buy,  sell,  and  merchandise  with  the  stock  aforesaid,  and  the 
increase  and  profit  thereof,  in  the  business  of  merchants  aforesaid ;  and, 
also,  that  the  said  parties  shall  and  will,  at  all  times  during  the  said 
copartnership,  bear,  pay  and  discharge  equally  between  them  all  rents 
and  other  expenses. 

[Signatures.] 

No.  2882.  Renewal  of  Partnership  to  be  Indorsed  on  Original  Articles. 
Whereas,  the  partnership  formed  by  and  mentioned  in  the  witliin 
article  of  agreement  has  this  day  expired  [or,  will  expire  on  the  first 
day  of  July  next]  by  the  limitations  contained  therein;  it  is  therefore 
hereby  agreed,  that  the  same  shall  be  continued,  on  the  same  terms,  and 
with  all  the  provisions  and  restrictions  in  said  agi'eement  mentioned, 
for  the  furtlier  term  of  four  years  from  this  date  [or,  from  the  first  day 
of  October,  1917]. 

[Signatures.] 

No.  2883.  Dissolution  of  Partnership  to  be  Indorsed  on  the  Original 
Articles. 
By  mutual  consent  of  the  undersigned,  the  parties  to  the  within  agree- 
ment, the  partnership  thereby  formed  is  whollj'  dissolved,  except  so  far 
as  it  may  be  necessary  to  continue  the  same  for  the  final  liquidation  and 
settlement  of  the  business  thereof ;  and  said  agreement  is  to  continue  in 
force  for  such  purpose  until  such  final  liquidation  and  settlement  be 
made,  and  no  longer. 

[Signatures.] 

No.  2883a.    Certificate  of  Copartnership. 

State  of , 

County  of ,  ss. 

We,  the  undersigned,  do  hereby  certify  that  we  are  partners  transact- 
ing business  in  this  state,  in  the  county  of ,  under  the  firm  name  and 

style  of ;  that  the  names  in  full  of  all  the  members  of  such  part- 


1003  Partnership.  Form  2884 

nership  are and  ;  and  that  the  places  of  our  respective  resi- 
dences are  set  opposite  our  respective  names  hereto  subscribed. 

In  witness  whereof  we  have  hereunto  set  our  hands  this day  of 

,  19—. 

Names.  Residences. 


[To  be  acknowledged.] 

NOTE. — To  be  filed  with  the  clerk  of  the  county  in  which  the  prhieipal 
place  of  business  is  situated:  See  Cal.  Civ.  Code,  sees.  2466,  2468. 

No.  2884.    Assignment  of  Partnership  Property  and  Debts  by  One  Part- 
ner to  Another  on  Dissolution. 

Whereas ,  of ,  county  of ,  state  of ,  party  of  the  first 

part,  and ,  of  the  same  place,  party  of  the  second  part,  were  lately 

copartners  in  the  business  of  printing,  which  partnership  was  dissolved 
and  determined  on  the day  of ,  19 — ;  and 

"Whereas  many  debts  due  and  owing  to  the  said  parties  on  account  of 
their  said  copartnership  are  still  outstanding,  and  debts  due  by  the  said 
firm  are  yet  unpaid;  and 

Whereas  it  is  agi-eed  between  the  parties  hereto  ti.at  the  said  

shall  assign  and  release  to  the  said  all  his  interest  in  the  stock  in 

trade,  goods  and  effects  belonging  to  the  said  firm,  and  in  the  debts  now 

owing  to  the  said  firm,  and  that  the  said shall  assume  all  the  debts 

and  liabilities  of  the  said  firm,  and  shall  discharge  and  indemnify  the 
said  from  all  liabilities  and  losses  arising  from  the  said  partner- 
ship : 

Now  therefore,  in  pursuance  of  the  said  agreement,  and  in  considera- 
tion of  the  sum  of  dollars   ($ ),  paid  and  secured  to  the  said 

,  he,  the  said ,  doth  hereby  assign  to  the  said all  his  riglit, 

title  and  interest  in  and  to  all  stock  in  trade,  goods,  merchandise,  ma- 
chinery, tools,  books,  leasehold  premises,  and  effects  belonging  to  the 
said  partnership,  of  whatever  kind  or  nature  and  wlicresoever  situated ; 
also  all  his  right,  title  and  interest  in  and  to  all  the  debts  of  money  now 
due  and  owing  to  the  said  firm,  whether  the  same  be  by  bond,  bill,  note 
or  account,  or  otherwise;  and  the  said  doth  hereby  make  and  ap- 
point the  said ,  his  executors,  administrators  and  assigns,  his  attor- 
ney and  attorneys  in  fact  to  receive  all  and  several  the  debts  and  sums 
of  money  above  mentioned  to  his  and  their  own  use  and  benefit;  and 

doth  hereby  authorize  the  said  ,  his  executors,  administrators  and 

assigns,  to  demand,  collect  and  sue  for  the  said  debts  and  sums  of  money, 

and  to  use  his,  the  said  's,  name  in  any  way  or  manner  that  the 

collection,  recovery,  and  realization  of  the  said  debts  and  demands  may 
render  necessary,  as  well  in  court  as  out  of  court,  but  at  the  cost  and 

expense  of  said ,  and  without  cost  or  damage  to  the  said .     And 

the  said doth  hereby  further  authorize  the  said to  convey  and 


Forms  2885, 2886        Cowdery's  Form  Book.  1004 

transfer  to  his  own  name,  and  for  his  own  use  and  benefit,  any  and  all 
sums  of  money  and  effects,  real  and  personal  estate,  which  may  be  taken 
or  received  in  the  name  of  the  said  firm,  and  to  hold  the  same  free  from 
all  claims  of  the  said  ,  his  executors,  administrators  or  assigns. 

And  in  pursuance  of  the  said  agreement,  the  said  ,  for  himself, 

his  executors  and  administrators,  doth  hereby  covenant  to  and  with  tlie 

said  ,  his  executors,  administrators  and  assigns,  that  he,  the  said 

,  and  his  executors,  administrators,  and  assigns,  shall  pay  and  dis- 
charge, and  at  all  times  hereafter  save  harmless  and  indemnify  the  said 

,  his  executors,  administrators  and  assigns,  from  and  against  all  and 

every  the  debts,  duties  and  liabilities  which,  at  the  dissolution  and  termi- 
nation of  the  said  partnership,  were  due  and  owing  by  the  said  firm  to 
any  person  or  persons  for  any  matter  or  thing  touching  the  said  part- 
nership, and  of  and  from  all  actions,  suits,  costs,  expenses  and  damages 
for  or  concerning  the  said  debts,  duties  and  liabilities,  unless  the  said 

■ shall  have  contracted  any  debts  or  incurred  any  liabilities,  in  the 

name  and  on  account  of  the  said  firm,  which  are  unknown  to  the  said 

,  and  do  not  appear  in  the  books  of  the  said  firm ;  for  which,  if  any 

such  exist,  the  said does  not  hereby  intend  to  make  himself  answer- 
able. 

In  witness  whereof  the  parties  hereto  have  set  their  hands  this  

day  of ,  19— 

[Signatures.] 

Executed  in  duplicate  in  presence  of , 

No.  2885.    Certificate  of  Residence  of  Partnership. 

State  of , 

County  of ,  ss. 

,  ,  and  ,  being  duly  sworn,  say  that  they  are  partners, 

doing  business  in  said  state  under  the  firm  name  and  style  of ,  and 

that  the  place  of  residence  of  said  firm,  and  the  place  where  service  of 
summons  may  be  made  upon  it,  is ,  county  of ,  state  of 


Subscribed  and  sworn  to  [etc.]. 


[Signatures.] 
[Official  signature.] 


NOTE.— See  Gal.  Civ.  Code,  sec.  1163. 

This  certificate  may  be  recorded  without  acknowledgment,  and  can  be 
easily  adapted  to  a  case  in  which  a  partnership  uses  a  fictitious  name.  In 
the  latter  case,  however,  the  certificate  must  be  signed  by  the  partners, 
acknowledged,  published,  and  filed  with  the  county  clerk,  else  no  action  can 
be  maintained  upon  or  on  account  of  any  contracts  made  or  transactions 
had  in  their  partnership  name:  See  Cal.  Civ.  Code,  sec.  2468. 

No.  2886.    Notice  of  Dissolution  of  Copartnership. 
Dissolution  of  Copartnership. 
The  copartnership  heretofore  existing  under  the  name  and  style  of 
,  in  the  city  of ,  is  this  day  dissolved  by  mutual  consent.     All 


10U5  Partnership.  Forms  2887-2889 

persons  who  are  indebted  to  the  undersigned  are  respectfully  requested 
to  come  forward  and  make  payment  immediately. 

Dated  at ,  this day  of ,  19 — . 

[Signatures.] 

NOTE. — A  clause  is  sometimes  inserted  here,  stating  that  the  partners 

have  sold  their  stock  and  business  to  [naming  the  buyers],  who  will 

conduct   and   carry   on  said   business.     This,   however,    is   for   business   pur- 
poses, and  is  not  necessary:  See  Cal.  Civ.  Code,  sees.  2449,  2453. 

No.  2887.    Complaint  Against  Partners. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains  of  the  defendants,  and  alleges: 

1.  That  at  the  time  hereafter  mentioned  tlie  defendants  were  copart- 
ners, and  doing  business  as  merchants,  or  traders,  at  the  city  of  , 

under  the  firm  name  of  . 

2.  [State  cause  of  action.] 
Wherefore  [etc.], 

[Signature.] 

No.  2888.    Complaint  by  Surviving  Partner, 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  at  the  time  hereinafter  mentioned  the  plaintiff  and  one  

were  partners,  doing  business  as  merchants,  or  traders,  at  the  city  of 
,  under  the  firm  name  of . 

2.  That  [etc.,  alleging  cause  of  action]. 

3.  That  on  the day  of ,  19 — ,  at ,  said died,  leaving 

the  plaintiff  the  sole  survivor  of  the  said  firm. 

Wherefore  [etc.], 

[Signature.] 

No.  2889.    Answer  Alleging  Partnership  Agreement, 

[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  alleges: 

1.  That  the  contract  set  forth  in  the  complaint  was  not  made  by  him 

individually,  but  by  him  and  one  jointly,  as  partners,  under  the 

firm  name  of . 

2.  That  the  said is  still  living. 

[Signature.] 
[Verification.] 


Form  2900  Cowdery's  Form  Book.  1006 


PARTY-WALLS. 

2900.  Agreement  as  to  party-wall. 

2901.  License  to  use  wall  of  adjoining  building. 

No.  2900.    Agreement  as  to  Paxty-wall. 

This  agreement,  made  this day  of ,  19 — ,  between ,  cov- 
enantor, and  ,  covenantee,  witnesseth: 

Whereas  the  said  covenantor  is  the  owner  of  the  following-described 

property  in  the  county  of ,  state  of ,  to  wit: ;  and  whereas 

said  covenantee  is  the  owner  of  the  following-described  property  in  the 
said  county  of ,  state  of ,  to  wit :  ;  which  last-named  prop- 
erty adjoins  the  above-described  property  of  the  covenantor  on  the  east ; 
and  whereas  said  covenantor  is  about  to  erect  a  building  on  his  pro]> 
erty  above  described,  and  said  parties  deem  it  to  their  mutual  advantage 
that  a  party-wall  shall  be  erected  for  their  joint  benefit: 

Now  therefore,  in  consideration  of  the  premises,  it  is  hereby  cov- 
enanted and  agreed  by  the  parties  hereto  for  themselves,  and  their  re- 
spective heirs,  executors,  administrators  and  assigns,  as  follows: 

That  said  covenantor  shall  and  hereby  agrees  to  build  a  party-wall 

described  as  follows:  ;  that,  in  building  said  party-wall,  the  said 

covenantor  shall  make  use  of  a  strip  inches  wide  along  the  west 

side  of  said  property  of  the  covenantee  for  the  purpose  of  making  a 
foundation  on  which  to  erect  said  party-wall;  and  that  said  wall  shall 
stand  one-lialf  on  the  land  of  each  of  the  parties  hereto;  said  wall  is 
to  be  built  at  the  cost  and  ex]5ense  of  said  covenantor. 

It  is  further  covenanted  and  agreed  by  said  parties  hereto,  for  them- 
selves, their  heirs,  executors,  administrators,  and  assigns,  that  whenever 
said  covenantee,  his  heirs,  executors,  administrators  or  assigns,  shall  de- 
sire to  use  said  party-wall  or  any  part  thereof,  he  or  they  shall  be  at 
liberty  to  do  so  on  paying  to  said  covenantor,  his  heirs,  executors,  admin- 
istrators or  assigns,  the  sum  of  cents  per  square  foot  of  surface 

for  that  portion  of  said  party-wall  against  which  any  building  erected 
by  said  covenantee  shall  adjoin  or  abut;  it  being  understood  and  airrced 
that  any  building  so  erected  by  the  covenantee  shall  be  considered  to 
adjoin  or  abut  against  the  surface  of  said  party-wall  from  the  bottom 
of  the  foundation  over  the  full  length  and  height  of  any  building  so 
erected  by  the  covenantee. 

And  upon  such  payment  being  made  to  said  covenantor,  his  heirs, 
executors,  administrators  or  assigns,  said  covenantee  shall  have  the  right 
to  use  said  party-wall  jointly  with  the  covenantor. 

It  is  further  mutually  covenanted  and  agreed  by  the  parties  hereto, 
for  themselves,  and  their  respective  heirs,  executors,  administrators  and 
assigns,  that  should  said  party-wall  at  any  time  while  in  use  by  both 
parties  as  aforesaid  be  injured  by  other  cause  than  the  act  or  negligence 
of  either  party,  the  same  shall  be  repaired  or  rebuilt  at  their  joint  ex- 


1007  Party-walls.  Form  2901 

pense;  provided  that  an\'  sum  received  from  insurance  against  such 
injury  or  destruction  shall  be  first  applied  to  such  restoration. 

It  is  further  mutually  agreed  and  understood  by  the  parties  hereto, 
for  themselves,  and  their  respective  lieirs,  executors,  administrators  and 
assigns,  that  this  instrument  shall  be  perpetual,  and  that  the  covenants 
herein  contained  shall  run  with  both  parcels  of  land  above  described; 
but  it  shall  not  have  the  effect  to  convey  to  either  party  the  fee  to  any 
part  of  the  land  owned  by  the  other  prior  to  execution  hereof;  the 
creation  of  the  right  to  a  perpetual  party-wall  being  the  sole  purpose 
hereof. 

Witness  the  hands  of  the  parties  above  named  hereunto  set  the  day 
and  year  first  herein  above  written. 

[Signatures.] 

[Acknowledgment.] 

NOTE. — All  agreements  concerning  or  affecting  real  property  must  be 
acknowledged,  or  proved,  and  recorded,  in  order  to  affect  third  persons 
with  notice:  See  Cal.  Civ.  Code,  sec.  1214. 

No.  2901.    License  to  Use  Wall  of  Adjoining  Building. 

Whereas ,  of  the  city  of ,  party  of  the  first  part,  is  the  owner 

of  a  house  and  lot  numbered  in  street,  in  the  city  of  , 

and ,  of ,  party  of  the  second  part,  is  the  owner  of  a  lot  adjoin- 
ing the  same,  on  the  east  side  thereof,  on  which  said  last-named  lot  the 

said  is  about  to  erect  a  frame  building,  and  desires  permission  to 

insert  the  beams  and  floor  timbers  thereof  into  the  east  wall  of  tlie 
house  belonging  to  : 

NoAv,  therefore,  this  agreement,  made  between  said  parties  on  the 


day  of ,  19 — ,  witnesseth,  that  the  said ,  in  consideration  of  the 

sum  of dollars  ($ )  to  him  paid,  the  receipt  whereof  is  hereb}' 

acknowledged,  hereby  grants  to,  and  covenants  with,  the  said  ,  his 

heirs,  executors,  administrators  and  assigns,  that  he  and  they  may,  in 
the  erection  of  said  frame  building,  insert  the  beams  and  floor  timbers 
thereof  into  the  said  east  wall  of  the  house  aforesaid,  and  that  the  same 
may  there  remain  so  long  as  said  wall  shall  stand.  The  covenants  afore- 
said are  to  run  w^ith  the  land  and  to  bind  the  parties  hereto,  their  heirs 
and  assigns. 

Witness  our  hands  this day  of ,  19 — , 

[Signatures.] 

[Acknowledgment.] 


Forms  2920-2922       Cowdbry's  Form  Book.  1008 


PATENTS. 

2E20.  Petition  by  a  sole  inventor. 

2921.  Petition  by  joint  inventors. 

2922.  Petition  by  inventor  for  assignee. 

2923.  Petition  by  adminisLra'cor  for  letters  patent. 

2924.  Petition  by  executor  for  letters  patent. 

2925.  Petition  for  a  reissue  (by  the  inventor). 

2926.  Petition  for  letters  patent  for  a  design. 

2927.  Power  of  attorney. 

2928.  Specification  for  a  machine. 

2929.  Specification  for  a  process. 

2930.  Specification  for  a  composition  of  matter. 

2931.  Specification  for  a  design. 

2932.  Oath  by  an  applicant  for  a  reissue  of  patent. 

2933.  Assignment  of  the  entire  interest  in  an  invention  before  the  Issue  of 

letters  patent. 

2934.  Assignment  of  the  entire  interest  in  letters  patent. 

2935.  Assignment  of  an  undivided  interest  in  the  letters  patent  and  exten- 

sion thereof. 

2936.  License — Exclusive  territorial  grant  by  an  assignee. 

2937.  License — Shop  right. 

2938.  License — Not  exclusive,  with  royalty. 

2939.  Assignment  of  a  patent — Long  form. 

2940.  Assignment  of  an  undivided  fractional  Interest  In  an  invention  before 

the  issue  of  letters  patent. 

2941.  Assignment  of  territorial  interest  after  grant  of  patent. 

2942.  Petition  by  alien  inventor. 


CROSS-REFERENCES. 

Patent  for  Mining  Claim.     See  Mining. 

No.  2920.    Petition  by  a  Sole  Inventor. 

To  the  Commissioner  of  Patents : 

Your  petitioner,  a  citizen  of  the  United  States,  prays  that  letters 
patent  may  be  granted  to  him  for  the  inveutiou  set  forth  in  the  annexed 
specification. 

[Dated.]  ^   ^ 

No.  2921.    Petition  by  Joint  Inventors. 

To  the  Commissioner  of  Patents : 

Your  petitioners  pray  that  letters  patent  may  be  srranto^l  to  them,  as 
ioint  inventors,  for  the  invention  set  fortli  in  the  annexed  specifica- 
tion. .  .  . 
[Dated.] 

A.  B. 
C.  D. 

No.  2922.    Petition  by  Inventor  for  Assignee. 
To  the  Commissioner  of  Patents : 

Your  petitioner  prays  that  letters  patent  may  be  granted  to  A.  B.,  as 
his  assignee,  for  the  invention  set  forth  in  the  annexed  specification.  .  .  . 

[Dated.] 

A.  B. 


1009  Patents.  Forms  2923-2927 

No.  2923.    Petition  by  Administrator  for  Letters  Patent. 
To  the  Commissioner  of  Patents : 

Your  petitioner,  A.  B.,  administrator  of  the  estate  of  C.  D.,  deceased 
(as  by  reference  to  the  duly  certified  copy  of  letters  of  adininistraliou, 
hereto  annexed,  will  more  fully  appear),  prays  that  letters  patent  may 
be  granted  to  him  for  the  invention  of  the  said  C.  D.,  set  forth  in  tlie 
annexed  specification.  .  .  . 

[Dated.] 

A.  B.,  as  Administrator  of  the  Estate  of  C.  D. 

No.  2924.    Petition  by  Executor  for  Letters  Patent. 
To  the  Commissioner  of  Patents: 

Your  petitioner,  A.  B.,  executor  of  the  last  will  and  testament  of  C.  D., 
deceased  (as  by  reference  to  the  duly  certified  copy  of  letters  testamen- 
tary, hereto  annexed,  will  more  fully  appear),  praj's  that  letters  patent 
may  be  granted  to  him  for  the  invention  of  the  said  C.  D.,  set  forth  in 
the  annexed  specification.  .  .  . 

[Dated.] 

A.  B.,  as  Executor  of  the  Last  Will  and  Testment  of  C.  D. 

No.  2925.    Petition  for  a  Reissue  (by  the  Inventor). 

To  the  Commissioner  of  Patents: 

Your  petitioner  prays  that  he  may  be  allowed  to  surrender  the  letters 
patent  for  an  improvement  in  coal  scuttles,  gi'anted  to  him  June  3,  1917, 
wliereof  he  is  now  sole  owner  [or,  whereof  R.  G.,  on  whose  behalf  and 
with  whose  consent  this  application  is  made,  is  now  sole  owner,  by  as- 
siirnment],  and  tliat  letters  patent  may  be  reissued  to  him  for  the  same 
invention,  upon  the  annexed  amended  specification. 

[Dated.] 

A.  B. 

No.  2926.    Petition  for  Letters  Patent  for  a  Design. 

To  the  Commissioner  of  Patents: 

Your  petitioner  prays  that  letters  patent  may  be  granted  to  him  for 
the  new  and  original  design  set  forth  in  the  annexed  amended  specifi- 
cation. 

[Dated.] 

A.  B. 

No.  2927.    Power  of  Attorney. 
To  the  Commissioner  of  Patents: 

The  undersigned  having,  on  or  about  the  third  day  of  June,  1917, 
made  application  for  letters  patent  for  an  improvement  in  a  horse-power, 
hereby  appoints  0.  L.,  of  the  city  of  Oakland,  his  attorney,  with  full 
power  of  substitution  and  revocation,  to  prosecute  said  application,  to 

Form  Book — 64 


Forms  2928, 2929       Cowdery's  Form  Book.  1010 

make  alterations  and  amendments  therein,  to  receive  the  patent,  and  to 
transact  all  business  in  the  patent  office  connected  therewith. 
[Dated.] 

A.  B. 

No.  2928.    Specification  for  a  Machine. 

I,  A.  B.,  of  0.  K.,  in  the  county  of  A.,  and  state  of  C,  have  invented 
certain  improvements  in  planing  machines,  of  which  the  following  is  a 
specification : 

The  first  part  of  my  invention  relates  to  the  combination  of  rotary 
cutters  and  feeding-rollers,  in  such  a  manner  that  the  said  feeding-rollers 
shall  be  capable  of  feeding  the  lumber  to  the  cutters,  and  also  of  effec- 
tually resisting  the  board,  and  prevents  its  being  raised  by  the  action  of 
the  cutters  E  E.  When  the  lumber  is  designed  for  floors  or  ceilings,  or 
other  purpose  for  which  it  is  required  to  be  matched,  a  tongue  is  formed 
upon  one  edge  of  it,  and  a  groove  in  the  other,  by  the  cutters  L  and  M, 
which  both  revolve  toward  the  advancing  board;  and  these  operations 
are  performed  at  the  same  time  that  the  upper  surface  of  the  board  is 
planed,  the  whole  being  done  at  a  single  operation.  When  the  lumber 
is  required  to  be  matched,  it  should  be  first  reduced  to  a  uniform  widtli, 
and  guided  into  its  introduction  into  the  machine  by  a  gauce  P  attaoliod 
to  the  bed  Q  of  the  machine.  When  the  lumber  is  not  to  be  matched, 
this  gauge  and  the  cutters  L  and  M  should  be  taken  off  and  dispensed 
with. 

I  claim  as  my  invention — 

1.  The  combination  of  the  cutters  E  E  and  the  feeding  rollers  I  I  and 
J  J,  substantially  as  and  for  the  purpose  hereinbefore  set  forth. 

2.  The  combination  with  the  cutters  E  E  and  feeding  rollers  I  I  and 
J  J,  of  the  cutters  L  and  M,  substantially  as  and  for  the  purposes  licrc- 
inbefore  set  forth. 

A.  B. 
[Two  witnesses.] 

No.  2929.    Specification  for  a  Process. 

We,  A.  B.,  of  0.  K,  county  of  A.,  and  state  of  C,  and  C.  D.,  of  0.  K., 
county  of  A.,  and  state  of  C,  have  invented  a  certain  process  for  sep- 
arating smut,  and  all  impurities,  from  wheat,  of  which  the  following  is 
a  specification: 

Take  of  lime,  newly  slacked,  and  while  yet  warm,  one  and  a  half 
pounds  to  each  one  hundred  pounds  of  wheat.  Mix  the  lime  well  with 
the  wheat,  let  it  stand  one  hour,  then  pass  it  through  a  smut-mill  in  the 
usual  way,  and  it  will  be  found  that  all  the  lime,  smut,  dirt  and  other 
impurities,  attached  to  the  wheat,  of  every  kind,  and  which  no  smut-mill, 
without  my  liming  process,  will  fully  separate,  will  be  entirely  removed, 
and  the  flour  will  be  as  white  and  as  sweet  as  though  made  from  the 
best  of  wheat. 


1011  Patents.  Forms  2930, 2931 

We  do  not  claim  the  smut-mill,  or  any  improvement  thereon,  or  any 
new  chemical  quality  of  lime. 

We  claim  as  our  invention  the  process  of  applying  lime,  when  newly 
slacked  and  warm,  to  Avheat,  before  passing:  the  latter  through  a  smiit- 
mill,  so  as  to  cleanse  the  wheat  from  all  impurities,  substantially  as 
described. 

A.  B. 
C.  D. 
[Two  witnesses.] 

No.  2930.    Specification  for  a  Composition  of  Matter. 

0.  P.,  deceased,  late  of  A.,  in  the  district  of  X.,  and  state  of  C,  dur- 
ing his  lifetime  invented  a  certain  compound  called  "wool  oil,"  to  be 
used  instead  of  lard,  rape-seed,  or  other  oils,  in  the  manufacture  of  wool. 

The  nature  of  the  invention  of  the  said  0.  P.  consists  in  mixing  olive, 
lard,  or  rape-seed  oil  with  a  solution  of  oil  of  soap  dissolved  in  hot 
water. 

To  prepare  the  wool  oil,  take  a  quantity  of  oil  soap  of  any  kind,  pro- 
vided the  quality  be  good,  and  dissolve  the  same  in  hot  water,  say  about 
tldrty  pounds  of  oil  soap  to  thirty  gallons  of  water,  or  a  sufficient  quan- 
tity of  soap  to  saturate  the  water.  Then  take  equal  parts  by  measure, 
of  olive,  lard,  rape-seed,  or  any  other  kind  of  oil  which  can  be  used  on 
wool  in  the  process  of  its  mam;facture,  and  mix  it  with  the  prepariation 
aforesaid,  to  wit,  the  soap  solution,  which,  after  such  mixture,  is  ready 
to  be  used  on  the  wool  with  as  beneficial  an  effect  as  if  pure  oil  only 
had  been  used.  This  wool  oil  will  not  decompose  by  age,  because  the 
oil  of  soap  neutralizes  the  stearine  in  the  oil;  hence  there  is  nothing  to 
decompose.  And  for  the  same  reason  spontaneous  combustion  cannot 
be  produced. 

I  claim  as  the  invention  of  the  said  0.  P.  the  manufacture  or  prepara- 
tion of  a  compound,  which  is  denominated  wool  oil,  of  the  ingredients, 
in  the  proportions,  and  for  the  purposes  set  forth. 

[Signature.] 

[Two  witnesses.] 

No.  2931.    Specification  for  a  Design. 

1,  A.  B.,  of  0.  K.,  in  the  county  of  A.,  and  state  of  C,  have  invented 
and  produced  a  new  and  original  design  for  carpets,  of  which  the  follow- 
ing is  a  specification : 

The  nature  of  my  design  is  fully  represented  in  the  accompanying 
photographic  illustration,  to  which  reference  is  made. 

I  claim  as  my  invention  the  design  for  a  carpet,  as  shown. 

A.  B. 
[Two  witnesses.] 


Forms  2932-2934         Cowdery's  Form  Book.  1012 

No.  2932.    Oath  by  an  Applicant  for  a  Reissue  of  Patent. 

State  of  C, 

City  and  County  of ,  ss. 

A.  B.,  the  above-named  petitioner,  being  duly  sworn  [or  affirmed], 
deposes  and  says  that  he  verily  believes  that,  by  reason  of  an  insufficient 
and  defective  specification,  his  aforesaid  letters  patent  are  inoperative 
and  invalid;  that  the  said  error  has  arisen  from  inadvertence,  accident 
or  mistake,  and  without  any  fraudulent  or  deceptive  intention,  to  the 
best  of  his  knowledge  or  belief;  that  he  is  the  sole  owner  of  said  letters 
patent  [or,  ''that  M.  N.  is  the  sole  owner  of  said  letters  patent,  and  that 
this  application  is  made  on  the  behalf  and  with  the  consent  of  the  said 
M.  N."]  ;  and  that  he  verily  believes  himself  to  be  the  first  and  original 
inventor  of  the  improvement  set  forth  in  this  amended  specification. 

A.  B. 

Subscribed  and  sworn  to  [etc.]. 

No.  2933.    Assignment  of  the  Entire  Interest  in  an  Invention  Before 
the  Issue  of  Letters  Patent. 

In  consideration  of  one  dollar  to  me  paid  by  A.  B.,  of  0.  K.,  I  do 
hereby  sell  and  assign  to  said  A.  B.  all  my  right,  title  and  interest  in 
and  to  a  certain  invention  in  plows,  as  fully  set  forth  and  described  in 
the  specifications  which  I  have  prepared  [if  the  application  has  been 
already  made,  say  "and  filed"]  preparatory  to  obtaining  letters  patent 
of  the  United  States  therefor.  And  I  do  hereby  authorize  and  request 
the  commissioner  of  patents  to  issue  the  said  letters  patent  to  the  said 
A.  B.,  as  my  assignee,  for  the  sole  use  and  behoof  of  the  said  A.  B.,  and 
his  legal  representatives. 

[Dated.] 

C.  D. 

NOTE. — Assignments  of  patents  or  patent  rights  should  be  recorded.  An 
assignment,  grant  or  conveyance  is  void  as  against  any  subsequent  pur- 
chaser, or  mortgagee  for  a  valuable  consideration,  without  notice,  unless 
it  is  recorded  in  the  patent  office  within  three  months  from  the  date  thereof: 
See  U.  S.  Kev.  Stats.,  sec.  4989;  5  Fed.  Stats.  Ann.,  p.  531. 

No.  2934.    Assignment  of  the  Entire  Interest  in  Letters  Patent. 

In  consideration  of  five  hundred  dollars  to  me  paid  by  A.  B.,  of  0.  K., 
I  do  hereby  sell  and  assign  to  the  said  A.  B.  all  my  right,  title  and  in- 
terest in  and  to  the  letters  patent  of  the  United  States  No.  100,762,  for 
an  improvement  in  locomotive  headlights,  granted  to  me  the  third  day 
of  June,  1917,  the  same  to  be  held  and  enjoyed  by  the  said  A.  B.  to  the 
full  end  of  the  term  for  which  said  letters  are  granted,  as  fully  and 
entirely  as  the  same  would  have  been  held  and  enjoyed  by  me  if  this 
assitrnment  and  sale  had  not  been  made. 

[Dated.] 

C.  D. 


1013  Patents.  Forms  2935-2933 

No.  2935.    Assignment  of  an  Undivided  Interest  in  the  Letters  Patent 
and  Extension  Thereof. 

In  consideration  of  one  thousand  dollars  to  me  paid  by  A.  B.,  of  0.  K., 
I  do  hereby  sell  and  assign  to  the  said  A.  B.  one  undivided  one-half  part 
of  all  my  right,  title  and  interest  in  and  to  the  letters  patent  of  the 
United  States  No.  176,372,  for  an  iniprovement  in  cooking-stoves,  granted 
to  me  June  3,  1917,  the  same  to  be  held  and  enjoyed  by  tlie  said  A.  B., 
to  the  full  end  of  the  term  for  which  said  letters  patent  are  granted,  and 
for  the  terms  of  any  extension  tliereof,  as  fully  and  entirely  as  the  same 
would  liave  been  held  and  enjoyed  by  me  if  this  assignment  and  sale  had 
not  been  made. 

[Dated.] 

C.  D. 

No.  2936.    License — Exclusive  Territorial  Grant  by  an  Assignee. 

In  consideration  of  one  thousand  dollars  to  me  paid  by  A.  B.,  of  0.  K., 
I  do  hereby  gi-ant  and  convey  to  the  said  A.  B.  the  exclusive  right  to 
make,  use  and  vend  within  the  state  of  C,  and  the  counties  of  S.  and  M., 
in  the  state  of  C,  and  in  no  otlier  place  or  places,  the  improvement  in 
corn  planters  for  which  letters  patent  of  the  United  States,  dated  June 
3,  1917,  were  granted  to  C.  D.,  and  by  said  C.  D,  assigned  to  me  June  3, 
1917,  by  an  assignment  duly  recorded  in  liber  X,  p.  397,  of  the  records 
of  the  patent  office,  the  same  to  be  held  and  enjoyed  by  the  said  A.  B. 
as  fully  and  entirely  as  the  same  would  have  been  held  and  enjoyed  by 
me  if  this  gi-ant  had  not  been  made. 

[Dated.] 

E.  F. 

No.  2937.    License— Shop  Right. 

In  consideration  of  ten  dollars  to  be  paid  by  the  firm  of  A.  B.  &  Co., 
of  0.  K.,  I  do  hereby  license  and  empower  the  said  A.  B.  &  Co.  to  manu- 
facture, at  a  single  foundry  and  machine-shop  in  said  0.  K.,  and  in  no 
otlier  place  or  places,  the  improvement  in  cotton-seed  planters,  for  whicli 
letters  patent  of  the  United  States,  No.  892,700,  were  granted  to  me 
June  3,  1917,  and  to  sell  the  machines  so  manufactured  throughout  the 
United  States,  to  the  full  end  of  the  term  for  which  said  letters  are 
granted. 

[Dated.] 

C.  D. 

No.  2938.    License — Not  Exclusive,  With  Royalty. 

This  agreement,  made  this  third  day  of  June,  1917,  between  A.  B., 
party  of  the  first  part,  and  C.  D.,  party  of  the  second  part,  witnesseth: 
Tliat  whereas  letters  patent  of  tlie  United  States  for  an  improvement  in 
horse-rakes  were  gi'anted  to  the  partj'^  of  the  first  part,  dated  June  3, 
1916;  and  whereas  the  party  of  the  second  part  is  desirous  of  manufac- 
turing horse-rakes  containing  said  patented  improvement;  now,  there- 


Form  2939  Cowdeby's  Form  Book.  1014 

fore,  the  parties  have  agreed  as  follows:  1.  The  party  of  the  first  part 
liereby  licenses  and  empowers  the  party  of  the  second  part  to  manufac- 
ture, subject  to  the  conditions  hereinafter  named,  at  their  factory  in 
0.  K.,  and  in  no  other  place  or  places,  to  the  end  of  the  terra  for  which 
said  letters  patent  were  granted,  horse-rakes  containing  the  patented 
improvements,  and  to  sell  the  same  within  the  United  States.  2.  The 
party  of  the  second  part  agrees  to  make  full  and  true  returns  to  tlie 
party  of  the  first  part,  under  oath,  upon  the  third  days  of  June  and 
January  in  each  year,  of  all  horse-rakes  containing  the  patented  im- 
provements manufactured  by  them.  3.  The  party  of  the  second  part 
agrees  to  pay  to  the  party  of  the  first  part  five  dollars,  as  a  license  fee 
upon  every  horse-rake  manufactured  by  said  party  of  the  second  part, 
containing  the  patented  improvements;  provided  that,  if  the  said  fee 
be  paid  upon  the  days  provided  herein  for  semi-annual  returns,  or  within 
ten  days  thereafter,  a  discount  of  fifty  per  cent  sliall  be  made  from  said 
fee  for  prompt  payment.  4.  Upon  failure  of  the  party  of  the  second 
part  to  make  returns,  or  to  make  payment  of  license  fees,  as  herein  pro- 
vided, for  thirty  days  after  the  days  herein  named,  the  party  of  the  first 
part  may  terminate  this  license  by  serving  a  written  notice  upon  the 
party  of  the  second  part;  but  the  party  of  the  second  part  shall  not 
thereby  be  discharged  from  any  liability  to  the  party  of  the  first  part 
for  any  license  fees  due  at  the  time  of  the  service  of  said  notice. 

[Signature.] 

No.  2939.    Assignment  of  a  Patent — Long  Form. 

Whereas,  letters  patent,  bearing  date  the  first  day  of  March,  in  the 
year  1917,  were  granted  and  issued  by  the  government  of  the  United 
States,  under  the  seal  thereof,  to  A.  B.,  of  the  town  of  Grass  Valley,  in 
the  county  of  Nevada,  state  of  California,  for  [here  state  the  nature  of 
the  invention  in  general  terms,  as  in  the  patent],  a  more  particular  and 
full  description  whereof  is  annexed  to  the  said  letters  patent  in  a  sched- 
ule; by  whicli  letters  patent,  the  full  and  exclusive  right  and  liberty  of 
making  and  using  the  said  invention,  and  of  vending  the  same  to  others 
to  be  used,  was  granted  to  the  said  A.  B.,  his  heirs,  executors,  adminis- 
trators and  assigns  for  the  term  of  fourteen  years  from  tlie  said  date : 

Now,  know  all  men  by  these  presents:  That  I,  the  said  A.  B.,  for  and 
in  consideration  of  the  sum  of  one  thousand  dollars,  gold  coin  of  the 
United  States,  to  me  in  hand  paid,  the  receipt  whereof  is  hereby  ac- 
knowledged, do  by  these  presents  grant,  assign  and  set  over  unto  C.  D., 
of  the  town  of  Downieville,  in  the  county  of  Sierra,  state  of  California, 
his  executors,  administrators,  and  assigns  forever,  the  said  letters  patent, 
and  all  my  right,  title  and  interest  in  and  to  the  said  invention  so  granted 
unto  me. 

To  have  and  to  hold  the  said  letters  patent  and  invention,  with  all 
benefit,  profit  and  advantage  thereof,  unto  the  said  C.  D.,  his  executors, 
administrators  and  assigns,  in  as  full,  ample  and  beneficial  a  manner, 
to  all  intents  and  purposes,  as  I,  the  said  A.  B.,  by  virtue  of  the  said 


1015  Patents.  Forms  2910-2942 

letters  patent,  may  or  micrht  have  or  hold  the  same,  if  this  assign: ncnt 

had  not  been  made,  for  and  during  all  the  rest  and  residue  of  the  said 

term  of  fourteen  years.  ,«•       x       ■, 

[Signature.] 

No.  2940.  Assignment  of  an  Undivided  Fractional  Interest  in  an  In- 
vention Before  the  Issue  of  Letters  Patent. 

In  consideration  of  one  dollar,  to  me  paid  by  C.  D.,  of,  etc.,  I  do  hereby 
Bell  and  assign  to  said  C.  D.  an  undivided  half  of  all  my  right,  title  and 
interest  in  and  to  a  certain  invention  in  plows,  as  fully  set  forth  and 
described  in  the  specification  which  I  have  prepared  [if  the  application 
has  been  already  made,  say  "and  filed"]  preparatory  to  obtaining  let- 
ters patent  of  the  United  States  therefor.  And  I  do  hereby  authorize 
and  request  the  commissioner  of  patents  to  issue  the  said  letters  patent 
jointlj^  to  myself  and  the  said  C.  D.,  our  heirs  and  assigns. 

[Dated.]  ^   g 

No.  2941.    Assignment  of  Territorial  Interest  After  Grant  of  Patent. 

Whereas  I,  of  ,  county  of  ,  state  of  ,  did  obtain 

letters  patent  of  the  United  States  for    improvement  in  ,  which 

letters  patent  are  numbered  ,  and  bear  date  the  day  of , 

in  the  year  19 — ;  and  whereas  I  am  now  the  sole  owner  of  the  said 
patent,  and  of  all  rights  under  the  same  in  the  below  recited  territory; 

and  whereas, of ,  county  of ,  state  of ,  is  desirous  of 

acquiring  an  interest  in  the  same : 

Now,  therefore,  to  all  whom  it  may  concern,  be  it  known  that  for 

and  in  consideration  of  the  sum  of dollars  to  me  in  hand  paid,  the 

receipt  of  which  is  hereby  acknowledged,  I,  the  said  (inventor), 

have  sold,  assigned  and  transferred,  and  by  those  presents  do  sell,  assign 

and  transfer,  unto  the  said  (purchaser),  all  the  right,  title  and 

interest  in  and  to  the  said  invention,  as  secured  to  me  by  said  letters 

patent,  for,  to  and  in  the  state  of  ,  and  for,  to,  or  in  no  other 

place  or   places;  the  same  to  be    held  and    enjoyed  by  the  said  

(purchaser)  within  and  throughout  the  above  specified  territory,  but 
not  elsewhere,  for  his  own  use  and  behoof,  and  for  the  use  and  behoof 
of  his  legal  representatives,  to  the  full  end  of  the  term  for  which  said 
letters  patent  are  or  may  be  gi-anted,  as  fully  and  entirely  as  the  sanio 
would  have  been  held  and  enjoyed  by  me  had  this  assignment  and  sale 
not  been  made. 

In  testimony  whereof   [etc.]. 

In  presence  of  [two  witnesses]. 

No.  2942.    Petition  by  Alien  Inventor. 
To  the  Commissioner  of  Patents : 

Your  petitioner,  a  citizen  of  the  [republic  of  Mexico],  prays  that  let- 
ters patent  may  be  granted  to  him  for  the  invention  set  forth  in  tiie 
annexed  specification.  [Signature.] 


Forms  2960-2962        Cowdery's  Form  Book.  lOlG 


PAYMENT. 

2960.  Answer  alleging  payment. 

2961.  Answer  alleging  payment  by  bill. 

2962.  Answer  alleging  payment  before  indorsement. 

2963.  Answer  alleging  payment  by  note. 

2964.  Answer  alleging  payment  in  services. 

2965.  Answer  alleging  part  payment  and  tender  of  balance. 

No.  2960.    Answer  Alleging  Payment. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  on  the  twenty-first  day  of  February,  1917,  at  P.,  he  paid  to  the 
plaintiff  the  money  demanded  in  the  complaint  [or  seventy-five  dollars, 
on  account  of  the  demand  in  the  complaint]. 

Wherefore  [etc.]. 

[Signature.] 

No.  2961.    Answer  Alleging  Payment  by  BilL 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1,  That  before  this  action  the  plaintiff  drew  his  bill  on  the  defendant 
for  the  amount  of  said  account  [or  other  indebtedness  alleged],  dated 
on  the  twenty-first  day  of  April,  1917,  and  payable  to  the  order  of 
the  plaintiff  three  months  after  said  date;  which  the  defendant  then 
accepted. 

2.  That  the  plaintiff  received  said  acceptance  on  account  of  said  in- 
debtedness, and  afterward,  and  before  the  same  became  due  and  payable, 
lost  the  same,  and  cannot  produce  it  to  the  defendant. 

Wherefore  [etc.]. 

[Signature.] 

No.  2962.    Answer  Alleging  Payment  Before  Indorsement. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  That  after  the  bill  mentioned  in  the  complaint  was  due,  to  wit,  on 
or  after  the  thirteenth  day  of  May,  1917  [date  of  maturity],  and  while 
said  [drawer]  was  the  holder  thereof,  and  before  this  action,  the  de- 
fendant satisfied  and  discharged  the  principal  and  interest  [and  dam- 
ages] due  on  said  bill,  by  payment  to  the  said  [drawer]. 

2.  That  said  [drawer]  indorsed  said  bill  to  the  plaintiff  after  said 
payment  and  after  the  maturity  thereof. 

Wherefore  [etc.], 

[Signature.] 


]017  Payment^— Petitions.  Forms  2963-2965 

No.  2963.    Answer  Alleging  Payment  by  Note. 
[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  on  the  twentieth  day  of  April,  1917,  at  P.,  at  the  request  of  the 
plaintiff,  he  made  his  promissory  note  to  one  C.  D.  for  one  hundred  dol- 
lars, in  discharge  of  the  indebtedness  stated  in  the  complaint. 

Wherefore  [etc.], 

[Signature.] 

No.  2964.    Answer  Alleging  Payment  in  Services. 

[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  That  after  the  said  promissory  note  became  payable,  and  before 
this  action,  to  wit,  on  the  twenty-second  day  of  April,  1917,  the  plaintiff 
agreed  to  receive  and  the  defendant  agreed  to  render  to  the  said  plain- 
tiff his  services  as  a  [teamster]  to  the  amount  of  said  note. 

2.  That  defendant  afterward,  according  to  the  said  agreement,  ren- 
dered such  services  to  the  plaintiff,  to  the  full  amount  due  and  paj'able 
on  the  said  note. 

Wherefore  [etc.]. 

[Signature.] 

No.  2965.    Answer  Alleging  Part  Payment  and  Tender  of  Balance. 

[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  [Allege  payment  of  part.] 

2.  That  on  the  twenty-seventh  day  of  April,  1917,  at  P.,  he  tendered 
to  the  plaintiff  the  residue  of  said  claim,  to  wit,  the  amount  of  $125,  etc. 
[as  in  preceding  form]. 

PETITIONS. 

See  Complaint;  Patents. 

Bankrupt's  Petition  for  Discharge,  No,  717. 

Petition  and  Complaint  Asking  for  a  Citation  to  Show  Caiis3  Why  a  Bank 

Should  not  Pay  a  Deposit  to  Administrator  or  Depositor,  No.  1824. 
Petition  and  Order  for  Private  Sale — Bankruptcy,  No.  711. 
Petition   and    Order  for   Eedemption   of   Property   from   Lien — Bankruptcy, 

No.  709. 
Petition  and  Order  for  Sale  Subject  to  Lien — Bankruptcy,  No.  710. 
Petition  and  Order  for  Sale  of  Perishable  Property — Bankruptcy,  No.   712. 
Petition  and  Order  for  Sale     by  Auction  of  Eeal  Estate,  No.  708. 
Petition  by  Administrator  for  Letters  Patent,  No.  2923. 
Petition  by  Administrator  to  Sell  Stock  in  Mining  Company,  No.  3066. 
Petition  by  Creditor  for  Citation  to  Administrator  to  Account,  No.  30. 
Petition  by  an  Executor  for  Letters  Patent,  No.  2924. 
Petition  by  Guardian  for  an  Order  to  Mortgage  Real  Estate,  No.  2021. 
Petition  by  Heir  for  Partial  Distribution,  No.  1561. 
Petition  by  Inventor  for  Assignee,  No.  2922. 
Petition  by  Joint  Inventors,  No.  2921. 


CowDERYs  Form  Book,  1018 

Petition  by  Legatee  for  Partial  Distribution,  No.  1563. 

Petition  by  Sole  Inventor,  No.  2920. 

Petition  for  Allowance  Out  of  Income  of  Minor  to  Defray  Expenses.  No. 

2031.  ^         ^ 

Petit 
Petit 
Petit 
Petit 
Petit 
Petit 
Petit: 
Petit 
Petit 
Petit 
Petit 
Petit 
Petit 
Petit 
Petit 
Petit 
Petit 
Petit 


on  for  Appointment  of  Guardian  of  Minor,  No.  1998. 

on  for  Appointment  of  Guardian  for  Incompetent  Person,  No.  1999. 

on  for  Appointment  of  Special  Administrator,  No.  1744. 

on  for  Authority  to  Compromise  Claim,  No.  1844. 

on  for  Continuation  of  Administration,  No.  1843. 

on  for  Decree  Restoring  to  Capacity,  No.  3300. 

on  for  Decree  Showing  Termination  of  Life  Estate,  No.  3630. 

on  for  Decree  Setting  Apart  Homestead,  No.  2990. 

on  for  Decree  Vesting  Homestead  in  Surviving  Wife,  No.  2096. 

on  for  Determination  of  Heirship,  No.  2056. 

on  for  Distribution,  No.  1569. 

on  for  Dissolution  of  Corporation,  No.  1332. 

on  for  Final  Distribution,  No.  1571. 

on  for  Leave  to  Adopt  Minor,  No.  250. 

on  for  Leave  to  Mortgage,  No.  3040. 

on  for  Letters  of  Administration,  No.  1748. 

on  for  Letters  of  Administration — Another  Form,  No.  1749. 

on   for   Letters   of   Administration   \^'ith    Will   Annexed    on   Death    of 
Executor,  No.  1776. 
Petition  for  Letters  of  Administration  With  the  Will  Annexed  on  Renuncia- 
tion by  Executor,  No.  1775. 
Petition  for  Letters  Patent  for  a  Design,  No.  2926. 
Petition  for  Meeting  to  Consider  Composition,  No.  713. 
Petition  for  Mortgage  of  Property  of  Church  or  Society,  No.  2711. 
Petition   for  Order  Directing  Executor  to  Convey  Land   Under  a  Contract 

With  Deceased,  No.  1836. 
Petition  for  Order  Directing  Executor  to  Invest  Funds  of  an  Estate,  No. 

1831. 
Petition  for  Order  Directing  Surviving  Partner  to  Render  Account,  No.  1827. 
Petition  for  Order  of  Sale  of  Personal  Property,  No.  3062. 
Petition  for  Order  of  Sale  of  Real  Estate  for  Best  Interests  of  Heirs  at  Law, 

No.  3064. 
Petition  for  Order  of  Sale  of  Real  Estate  to  Pay  Debts  or  Family  Allowance, 

No.  3070. 
Petition  for  Order  Requiring  Administrator  to  Give  New  Bond,  Nos    1789, 

1790. 
Petition  for  Order  Requiring  Administrator  to  Render  Exhibit,  No.   13. 
Petition  for  Order  Requiring  Distributee  to  Refund,  No.  1567. 
Petition  for  Order  Setting  Apart  Personalty  and  for  Family  Allowance,  No. 

1875. 
Petition  for  Order  to  Lease  Realty  by  Executor,  Administrator  or  Guardian, 

No.  3020. 
Petition  for  Order  to  Produce  Concealed  Will,  No.  3953. 
Petition  for  Order  to  Sell  Perishable  Personal  Property,  No.  3061. 
Petition  for  Probate  of  Nuncupative  Will,  No.  3988. 
Petition  fox  Probate  of  Will,  No.  3955. 
Petition  for  Provision  for  Support  of  Family  Pending  Return  of  Inventory. 

No.  1873. 
Petition  for  Reissue  of  Patent   (by  Inventor),  No.  2925. 
Petition  for  Relief  Against  Forfeiture  of  Lease,  No.  3713. 
Petition  for  Removal  of  Trustee,  No.  690. 
Petition  for  Restoration  of  Records,  No.  3290. 
Petition  for  Retransfer  of  Proceedings,  No.  866f. 
Petition  for  Partition  in  Probate,  No.  2870. 
Petition  for  Writ  of  Habeas  Corpus,  No.  2041. 
Petition  for  Writ  of  Mandamus,  No.  2588. 
Petition  in  Bankruptcy — Creditor's,  No.  633. 


1019  Pledge. 

Petition  in  Bankruptcy — Partnership,  No.  632. 

Petition   of   Administrator   With    tlie   Will   Annexed   for   Citation   Ordering 

Former  Executor  to  Account,  No.  32. 
Petition  of  Assignee  of  Heir  at  Law  for  Distribution  of  Assignor's  Share  to 

Him,  No.  1562. 
Petition  of  Guardian  for  Order  of  Sale  of  Real  Estate,  No.  2015. 
Petition  of  Guardian  for  Order  of  Sale  of  Real  Estate  in  Order  to  Reinvest 

Proceeds,  No.  2017. 
Petition  of  Guardian  That  he  may  Assent  to  Partition  of  Land,  No.  2022. 
Petition  of  Heir  at  Law  for  Partial  Distribution,  No.  1560. 
Petition  of  Surety  to  be  Released  from  Bond  of  Administrator,  No.  1795. 
Petition  That  Court  may  Order  Administrator  to  Render  an  Account,  No.  31. 
Petition  to  Become  Sole  Trader,  No.  3371. 
Petition  to  Require  Administrator  Who  is  Wasting  Estate  to  Give  Further 

Security,  No.  1791. 
Petition  to  Revoke  Letters  of  Administration  and  to  Grant  Them  to  a  Per- 
son Claiming  Under  Prior  Right,  No.  1817. 
Petition   to   Revoke   Letters   Testamentary   and   Appoint   Petitioner   Where 

Executor  has  Removed  from  State,  No.  1820. 
Petition  to  Revoke  Probate  of  Will  on  Discovery  of  Later  Will,  No.  3980. 
Petition   to   Set  Apart  Estate  not  Exceeding  Fifteen  Hundred  Dollars  in 

Value,  No.  1628. 


PLEDGE. 

2970.  Pledge  with  note  secured. 

2971.  Pledge — Another  form. 

2972.  Pledge — Another  Form. 

2973.  Complaint  for  damages  for  loss  of  pledge. 

INTRODUCTORY  NOTE. 

When  the  possession  of  personal  property  is  delivered  to  a  per- 
son who  lends  money  to  the  owner  and  agrees  to  hold  the  property 
as  security  for  the  amount  loaned,  the  transaction  is  a  pledge. 
The  lender's  lien  depends  upon  his  possession,  or  the  pos.session 
of  a  pledereholder  selected  by  the  parties. 

One  who  has  a  lien  upon  property  may  pledge  it  to  the  extent 
of  his  lien.     The  increase  of  property  pledged  goes  with  it. 

One  may  pledge  his  property  to  secure  the  debt  of  another ;  and 
if  he  receives  from  the  pledgor  a  consideration  for  liis  risk,  he 
cannot  withdraw  it  without  the  consent  of  all  parties.  Where  a 
debtor  has  obtained  credit,  or  an  extension  of  time,  by  a  fraudulent 
misrepresentation,  the  creditor  may  demand  a  further  pledge;  and 
in  default  thereof  may  recover  his  debt  though  it  be  not  due. 

When  a  pledge  is  due,  the  pledgee  may  collect  what  is  due  by 
sale.  Before  it  can  be  sold,  and  after  performance  of  the  act  for 
which  the  security  is  due,  the  pledgee  must  demand  performance, 
if  the  debtor  can  be  found. 

He  must  give  actual  notice  to  the  pledgor  of  the  time  and  place 
of  sale  at  such  a  reasonable  time  as  will  enable  the  pledgor  to 
attend. 


Form  2970  Cowdery's  Form  Book.  1020 

Notice  of  sale  may  be  waived,  but  is  not  waived  by  a  mere  waiver 
of  demand  of  performance. 

A  demand  of  performance  as  a  condition  precedent  to  a  sale  is 
waived  by  a  positive  refusal  by  the  pledgor  to  perform,  after  per- 
formance, is  due;  but  he  cannot  waive  it  in  any  other  manner 
except  by  contract. 

The  sale  must  be  made  by  public  auction,  in  the  manner  and 
upon  the  notice  usual  at  the  place  of  sale,  in  respect  to  auction 
sales  of  similar  property,  and  must  be  for  the  highest  obtainable 
price. 

A  pledgee  cannot  sell  evidence  of  debt  pledged,  except  the  obliga- 
tions of  governments,  states,  or  corporations,  but  he  may  collect 
the  same  when  due. 

Whenever  property  pledged  can  be  sold  for  a  price  sufficient 
to  satisfy  the  claim  of  the  pledgee,  the  pledgor  may  require  it  to 
be  sold,  and  its  proceeds  to  be  applied  to  such  satisfaction,  when 
due. 

After  a  sale  or  collection  the  pledgee  may  deduct  the  amount  due, 
and  the  necessary  expenses  of  sale  and  collection,  and  pay  the 
surplus  to  the  pledgor,  on  demand. 

When  property  pledged  is  sold  by  order  of  the  pledgor  before  the 
claim  of  the  pledgee  is  due,  he  may  retain  enough  of  the  proceeds 
to  satisfy  all  that  may  possibly  become  due.  The  pledgee  may  bid  in 
the  property  if  the  sale  is  by  auction.  If  there  is  no  auction,  he 
may  sell  the  pledgee's  right  of  redemption  after  he  obtains  a  court's 
order  of  sale.  The  court  may  or  may  not  authorize  the  pledgee  to 
purchase  at  such  sale:  Civ.  Code,  sees.  2986-3011. 

No.  2970.    Pledge  With  Note  Secured. 

$3,500— No.  2,824.  San  Francisco,  October  27,  1917. 

Twenty  days  after  date,  without  grace,  for  value  received,  in  gold 
coin  of  the  United  States  of  America,  we  jointly  and  severally  promise 
to  pay  to  the  order  of  B.  &  B.,  at  their  office  in  this  city,  the  sum  of 
thirty-five  hundred  dollars,  with  interest  thereon  from  date  until  paid, 
at  the  rate  of  one  and  one-half  per  cent  per  month,  payable  monthly; 
the  said  interest,  if  not  so  paid,  to  become  part  of  the  principal,  and 
bear  the  same  rate  of  interest  as  above  specified.  And  for  further  value 
received,  we  hereby  agree  and  bind  ourselves  to  pay  said  principal  and 
interest  in  gold  coin  of  the  United  States  of  America,  waiving  any  loeral 
right  which  we  now  have,  or  may  hereafter  have,  to  pay  the  same  in 
any  other  money  or  currency. 

J.  D. 

J.  S. 


1021  Pledge.  Form  2971 

We  hereby  transfer  and  deposit  with  B.  &  B.,  as  collateral  security 
for  the  payment  of  the  above  promissory  note,  and  the  interest  and  ex- 
penses which  may  accrue  thereon,  the  followino:  personal  property,  of 
which  we  are  the  sole  owners,  the  same  being  at  our  risk  and  expense, 
to  wit:  Fifty  shares  0.  S.  M.  Company's  stock;  fifty  shares  G.  &  C.  S.  M. 
Company's  stock;  fifty  shares  0.  S.  M.  Company's  stock;  fifty  shares 
B.  I.  M.  Company's  stock. 

Also,  a  further  lien  on  any  and  all  collaterals  of  any  and  all  our  notes 
in  their  favor,  and  such  other  and  further  collaterals  as  we  may  give 
them  hereafter. 

In  case  of  nonpayment  of  said  promissory  note,  or  the  interest  thereon, 
when  due,  we  hereby  appoint  and  constitute  said  B.  &  B.,  their  heirs  and 
assigns,  our  attorneys  irrevocable,  with  power  of  substitution,  to  sell  at 
any  time  after  said  note  or  interest  is  due,  with  or  without  notice,  at 
the  option  of  said  B.  &  D.,  the  whole  or  any  part  of  said  security,  either 
at  public  or  private  sale,  at  their  discretion,  and  deliver  the  same  to  the 
pureliaser.or  purchasers  thereof;  and  the  proceeds  to  be  applied  to  the 
payment  of  the  above  promissory  note,  interest  due,  expenses  of  such 
sale,  all  law  expenses,  counsel  fees,  fees  for  advice  of  counsel,  or  costs 
incurred  or  paid  by  the  said  B.  &  B.  in  respect  of  said  note  or  said 
security,  together  with  one  per  cent  commission  on  sales;  and  any  sur- 
plus after  paj^ment  of  said  note,  interest,  commissions  and  expenses,  to 
be  subject  to  our  order,  except  that  if  the  said  B.  &  B.  shall,  at  the  time 
of  such  sale,  hold  any  other  of  our  obligations,  they  may  apply  such 
surplus  toward  the  payment  of  any  of  such  obligations.  In  like  manner, 
we  agree  to  pay,  on  demand,  to  said  B.  &  B.,  their  heirs  or  assigns, 
whatever  deficit  may  result  after  applying  the  net  proceeds  of  such  sale 
to  the  payment  of  said  principal  and  interest,  costs,  and  expenses,  as 
above. 

In  case  of  deterioration  of  anj'^  of  the  above  securities,  or  fall  in  the 
market  value  of  the  same,  we  hereby  promise  and  agree  to  reduce  the 
amount  of  debt,  or  to  increase  the  security  in  proportion  to  such  de- 
terioration, or  decrease  of  value,  in  default  of  which  this  note  is  to  be 
considered  immediately  due  under  the  above  stipulation. 

On  the  payment  of  the  above  note  and  interest,  according  to  the  terms 
of  the  former,  and  all  charges,  this  agreement  to  be  void,  and  the  above- 
named  securities  to  be  returned  to  us,  or  our  order,  or  assigns.  Should 
any  such  sale  be  made,  B.  &  B.,  or  their  assigns,  directly,  or  in  the  name 
of  any  other  person,  shall  have  the  right  to  purchase. 

Dated . 

J.  D. 
J.  S. 

No.  2971.    Pledge — Another  Form. 

$1,000.  San  Francisco,  September  15,  1917. 

Sixty  (60)  days  after  date,  witliout  grace,  I  promise  to  pay,  in  gold 
coin  of  the  United  States  of  America,  to  the  order  of  R.  R.,  at  the  bank- 
ing-house of  A.  B.  &  Co.,  in  this  city,  the  sum  of  one  thousand  (1,000) 


Form  2972  Cowdery's  Form  Book.  1022 

dollars,  with  interest  thereon  from  date  until  paid,  at  the  rate  of  one 
and  one-half  per  cent  per  month,  the  interest  payable  monthly  in  ad- 
vance; and  if  not  so  paid,  to  be  compounded  and  become  a  part  of 
the  principal,  and  bear  thereafter  the  same  rate  of  interest,  for  value 
received. 

C.  D. 

Due  February  14,  1917. 

As  collateral  security  for  the  payment  of  the  above  note  and  the  in- 
terest to  grow  due  thereon,  I  have  deposited  with  said  A.  B.  &  Co.  the 
following  personal  property,  to  wit:   [Description.] 

And  should  the  said  note  or  any  part  thereof,  or  the  interest  to  grow 
due  thereon,  remain  due  and  unpaid,  after  the  same  should  have  been 
paid,  according  to  the  tenor  of  said  note,  I  hereby  irrevocably  authorize 
and  empower  A.  B.  &  Co.,  or  their  heirs,  executors,  administrators  or 
assigns,  to  sell  and  dispose  of  the  above-mentioned  personal  property, 
or  any  part  thereof,  at  public  or  private  sale,  without  any  previous  notice 
to  me  of  any  such  sale,  and  from  the  proceeds  arising  therefrom  to  pay 
the  principal  and  interest,  and  all  charges  that  shall  be  then  d'Ue,  and 
the  costs  of  sale,  and  the  balance,  if  any,  to  pay  over  to  me  or  my  repre- 
sentatives upon  demand.  In  case  of  deterioration  of  any  of  the  above 
securities,  or  fall  in  tlie  market  value  of  tlie  same,  I  liereby  promise  and 
agree  to  reduce  the  amount  of  debt,  or  to  increase  the  security  in  pro- 
portion to  such  deterioration  or  decrease  of  value,  in  default  of  which 
this  note  is  to  be  considered  due  under  the  above  stipulation.  On  the 
payment  of  the  above  note  and  interest,  according  to  the  terms  of  the 
former,  and  all  charges,  this  agreement  is  to  be  void,  and  the  above- 
named  securities  to  be  returned  to  me. 

C.  D. 
No.  2972.    Pledge— Another  Form. 
$5,000.  San  Francisco,  Cal.,  September  2,  1917. 

For  value  received,  I  promise  to  pay,  in  gold  coin  of  the  United  States 
of  America,  to  R.  R.,  or  order,  sixty  (60)  days  after  date,  without  grace, 
the  sum  of  five  thousand  (5,000)  dollars,  Avith  interest  thereon  at  the 
rate  of  one  and  one-half  (lYz)  per  cent  per  month,  payable  monthly,  in 
advance. 

Due  November  1,  1917. 

A.  B. 

I  hereby  transfer  and  deposit  with  said  R.  R.,  as  collateral  security 
for  the  payment  of  the  above  promissory  note,  and  the  interest  and 
expenses  whicli  may  accrue  thereon,  the  following  personal  property,  of 
which  I  am  the  sole  owner,  the  same  being  at  my  risk  and  expense,  to 
wit:   [Description.] 

In  case  of  nonpayment  of  said  promissory  note,  or  the  interest  tliereon, 
when  due,  I  hereby  appoint  and  constitute  said  R.  R.,  his  heirs  or  as- 
signs, my  attorney  irrevocable,  with  power  of  substitution,  to  sell  at  any 
time  after  said  note  or  interest  is  due,  with   or  without  notice,  at  the 


lU2o  Pledge— PowERB  of  Attorney.  Form  2973 

option  of  said  R.  R.,  the  whole  or  any  part  of  said  security,  cither  at 
public  or  private  sale,  at  his  discretion ;  and  to  deliver  the  same  to  the 
purcliaser  or  purchasers  thereof;  and  the  proceeds  to  be  applied  to  tlic 
payment  of  said  promissory  note,  interest  due,  and  other  expenses,  to- 
gether with  two  per  cent  commissions  on  sales,  and  any  surplus  after 
payment  of  said  note,  interest,  commissions  and  expenses,  to  be  subject 
to  my  order.  In  like  manner  I  agree  to  pay  on  demand  to  said  R.  R., 
his  heirs  or  assigns,  whatever  deficit  may  result  after  applying  the  net 
proceeds  of  such  sale  to  the  payment  of  said  principal  and  interest. 

But  in  case  of  the  payment  of  the  said  note  and  interest,  according 
to  the  terms  thereof,  then  this  agreement  to  be  void,  and  the  above- 
named  security  to  be  returned  to  me. 

A.  B. 

No.  2973.    Complaint  for  Damages  for  Loss  of  Pledge. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  fourth  day  of  January,  1917,  at  P.,  the  plaintiff  de- 
livered to  the  defendant  [describe  articles],  the  property  of  this  plain- 
tiff, of  the  value  of  $2,000,  by  way  of  pledge  to  defendant,  to  secure  the 
sum  of  $1,750,  theretofore  loaned  by  the  defendant  to  the  plaintiff,  which 
articles  the  defendant  received  for  that  purpose,  and  agreed  with  the 
plaintiff  to  take  good  care  of  the  same  until  they  should  be  redeemed 
by  the  plaintiff. 

2.  That  the  defendant  has  failed  to  fulfill  said  agreement  on  his  part; 
and,  on  the  contrary,  so  negligently  and  carelessly  kept  said  articles, 
that  while  they  were  in  his  possession  for  the  purposes  aforesaid,  they 
were,  through  his  negligence,  lost,  to  the  damage  of  the  plaintiff  $2,000. 

Wherefore  [etc.], 

[Signature.] 

POWERS  OF  ATTORNEY. 

2974.  General  power  of  attorney. 

2975.  Commercial  power  of  attorney,  with  authority  to  sell  real  estate,  etc. 

2976.  Substitution  of  attorney  in  fact. 

2976a.  Special  power  of  attorney  to  sue  and  transfer  property. 

2977.  Power  of  attorney  to  transact  ordinary  business. 

2978.  Special  power  of  attorney  to  collect  debts. 

2979.  General  power  of  attorney  to  sell  mining  property. 

2980.  Power  of  attorney  to  sell  stocks. 

2981.  General  custom-house  power  of  attorney. 

2982.  Power  of  attorney  to  collect  debts. 

2983.  Power  of  attorney  to  receive  a  legacy. 

2984.  Special  power  of  attorney  by  husband  and  wife  to  convey  land. 

2985.  Power  of  attorney  to  confess  judgment. 

2986.  Eevocation  of  power  of  attorney. 

2987.  Power  of  attorney  to  transfer  stock. 

CROSS-EEFEEENCES. 
Power  of  Attorney  to  Prosecute  Patent  Application,  No.  2927. 
Power  of  Attorney  to  Make  Application  for  Entry  of  Government  Land, 
No.  2634. 


Forms  2974, 2975         Cowdery's  Form  Book.  1024 

No.  2974.    General  Power  of  Attorney. 

Know  all  men  by  these  presents:  That  we,  J.  D.  and  R.  R.,  of  the 
city  and  county  of  San  Francisco,  state  of  California,  have  made,  con- 
stituted and  appointed,  and  by  these  presents  do  make,  constitute,  and 
appoint  J.  S.,  of  said  city  and  county,  our  true  and  lawful  attorney  for 
us  and  in  our  names,  place,  and  stead,  and  for  our  use  and  benefit,  to 
ask,  demand,  sue  for,  recover,  collect  and  receive  all  such  sums  of  money, 
debts,  dues,  accounts,  legacies,  bequests,  interests,  dividends,  annuities 
and  demands  whatsoever  as  are  now  or  shall  hereafter  become  due, 
owing,  payable  or  belonging  to  us,  and  liave,  use  and  take  all  lawful 
ways  and  means  in  our  names  or  otherv/ise  for  the  recovery  thereof,  by 
attachments,  arrests,  distress  or  otherwise,  and  to  compromise  and  agree 
for  the  same,  and  acquittances  or  other  sufficient  discharges  for  tlie 
same,  for  us,  and  in  our  names,  to  make,  seal  and  deliver;  to  bargain, 
contract,  agree  for,  purchase,  receive,  and  take  lands,  tenements,  here- 
ditaments and  accept  the  seizin  and  possession  of  all  lands  and  all  deeds 
and  other  assurances,  in  the  law  therefor,  and  to  lease,  let,  demise,  bar- 
gain, sell,  remise,  release,  convey,  mortgage  and  hypothecate  lands,  tene- 
ments and  hereditaments,  upon  such  terms  and  conditions,  and  under 
such  covenants,  as  he  shall  think  fit.  Also,  to  bargain  and  agree  for, 
buy,  sell,  mortgage,  hypothecate  and  in  any  and  every  way  and  manner 
deal  in  and  with  goods,  wares,  and  merchandise,  chose  in  action  and 
otlier  property  in  possession  or  in  action,  and  to  make,  do,  and  transact 
all  and  every  kind  of  business  of  what  nature  or  kind  soever,  and  also 
for  us  and  in  our  names,  and  as  our  act  and  deed,  to  sign,  seal,  execute, 
deliver  and  acknowledge  such  deeds,  leases  and  assignment  of  leases, 
covenants,  indentures,  agreements,  mortgages,  hypothecations,  bottom- 
ries, charter-parties,  bills  of  lading,  bills,  bonds,  notes,  receipts,  evi- 
dences of  debts,  releases  and  satisfaction  of  mortgage,  judgments  and 
otlier  debts,  and  such  other  instruments  in  writing  of  whatever  kind  and 
nature  as  may  be  necessary  or  proper  in  the  premises. 

Giving  and  granting  unto  our  said  attorney  full  power  and  authority 
to  do  and  perform  all  and  every  act  and  thing  whatsoever  requisite  and 
necessary  to  be  done  in  and  about  the  premises,  as  fully  to  all  intents 
and  purposes  as  we  might  or  could  do  if  personally  present,  with  full 
power  of  substitution  or  revocation,  hereby  ratifying  and  confirming  all 
that  our  said  attorney,  or  his  substitute  or  substitutes,  shall  lawfully 
do  or  cause  to  be  done  by  virtue  of  these  presents. 

In  witness  whereof  [etc.]. 

[Signature.] 

No.  2975.    Commercial  Power  of  Attorney,  With  Authority  to  Sell  Real 
Estate,  etc. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of  the  county  of  Santa 
Clara,  state  of  California,  have  made,  constituted,  and  appointed,  and 
by  these  presents  do  make,  constitute  and  appoint  C.  D.,  of  the  county 


1025  Powers  op  Attorney.  Form  2'Jlb 

of  Alameda,  state  of  California,  my  true  and  lawful  attorney,  for  mc, 
and  in  my  name,  and  on  my  belialf,  to  ask,  demand,  recover  and  receive, 
all  and  any  simi  or  sums  of  money,  debts,  dues,  merchandise  or  effects, 
due,  payable,  coming  or  belong-ing,  or  which  may  at  any  time  be  due, 
payable,  or  belonging  to  me,  from  any  person  or  persons  whatsoever;  to 
sell  all,  or  any  part,  of  said  goods,  merchandise  and  effects,  Avhich  may 
come  to  his  possession  or  knowledge,  on  sucli  credit,  and  for  sucli  prices 
as  he  may  deem  meet;  to  purchase  any  goods,  merchandise,  specie,  cur- 
rency, mining  or  other  kinds  of  stock  or  other  commodities,  on  my  ac- 
count for  Siuli  prices  and  to  such  amount  as  he  may  deem  meet,  and  the 
same  to  sell  again  for  my  benefit  and  on  ray  account,  for  any  prices 
whatsoever,  to  ship  or  transport  the  same,  or  any  part  thereof,  on  my 
behalf  and  account,  to  any  post  or  posts,  place  or  places,  whatsoever, 
in  any  vessel  or  vessels,  and  with  and  to  any  person  or  persons  whatso- 
ever, and  there  barter,  exchange,  and  dispose  of  the  same;  to  insure 
and  cause  insurance  to  be  made,  of  any  siich  goods,  merchandise,  specie 
or  other  commodities,  or  of  any  part  thereof,  at  sucli  premiums,  and  for 
such  risks  as  he  may  deem  meet ;  to  accept  any  bill  or  bills  of  exchange 
or  orders,  make  and  execute  any  note  or  notes  of  hand,  bond  or  bonds, 
or  other  instruments  or  contracts,  in  my  name,  and  on  my  account,  to 
and  for  any  amount  which  he  may  deem  meet  or  expedient;  to  sell,  bar- 
ter, exchange  or  dispose  of  any  real  estate  of  which  I  am  now  seised 
or  possessed  in  fee  simple,  or  for  any  less  estate,  to  any  person  or  per- 
sons, for  any  price,  or  in  any  manner  whatsoever,  and  for  these  purposes 
to  execute  and  acknowledge  any  deed  or  deeds,  lease  or  leases,  or  other 
assurance  or  assurances,  with  general  covenants  of  warranty  against  all 
persons,  or  any  other  covenants  whatsoever,  as  he  may  deem  expedient; 
to  purchase  any  real  estate  on  my  account,  in  fee  simple  or  otherwise, 
at  any  price  of  any  exchange  whatsoever,  and  for  these  purposes  to 
receive,  confirm,  make  and  execute,  any  contracts,  deeds,  conveyances, 
or  other  instrimients  whatsoever;  to  settle  and  adjust  all  partnership 
accounts  and  demands,  and  all  other  accounts  or  demands  now  subsist- 
ing, or  which  may  hereafter  subsist  between  me  and  any  person  or  per- 
sons whatsoever,  and  submit  the  same  to  and  decide  them  by  arbitra- 
tion; to  compound  for  any  debts,  dixes,  or  demands  owing,  or  which  may 
hereafter  be  owing  to  me,  and  to  take  less  than  the  whole,  or  otherwise 
to  agree  for  the  same,  in  such  manner,  and  on  such  terms  as  he,  in  his 
discretion,  may  deem  proper;  and  for  all  or  any  of  these  purposes,  to 
make  and  execute  any  releases,  compromises,  compositions,  agi-eements, 
or  contracts,  by  deed  or  otherwise,  in  his  opinion  necessary  and  ex- 
pedient in  the  premises ;  to  pay  and  discharge  all  debts  and  demands  due 
and  payable,  or  which  may  hereafter  become  due  and  payable  by  me 
unto  any  jjerson  or  persons  whatsoever;  to  enter  into  any  lands  or  other 
real  estate  to  which  I  am  or  may  be  entitled,  and  recover  the  possession 
thereof,  and  damages  for  any  injury  done  thereto,  and  to  distrain  for 
rent  due  thereon,  and  also  to  commence  and  prosecute  unto  final  judg- 

Form  Book — 65 


roriii2976  Cowdery's  Form  Book.  1026 

ment  and  execution,  any  suit  or  suits,  action  or  actions,  real,  personal 
or  mixed,  which  he  shall  deem  proper  for  the  recovery,  possession,  or 
enjoyment  of  any  matter  or  tiling  which  is  or  which  may  hereafter  be 
due,  payable,  owing,  belonging,  accruing  or  appertaining  to  me,  for  or 
by  reason  of  the  premises,  or  any  part  thereof,  and,  in  any  such  suits 
or  actions,  for  me  in  person,  or  by  such  attorney  or  attorneys,  or  coun- 
sel, he  may  deem  necessary  or  proper  to  retain  or  employ  to  appear  and 
plead,  before  any  courts  or  tribunals  having  jurisdiction  thereof,  and 
all  stipulations,  undertakings,  recognizances  and  other  requisites  in  any 
suits  or  actions,  and  any  question  arising  on  the  same,  by  arbitration  or 
other  compromise,  and  of  all  receipts  and  recoveries  in  the  premises, 
due  acquittances  and  discharges  to  execute  and  deliver,  and  generally 
to  do  and  perform  all  matters  and  things,  transact  all  business,  make, 
execute  and  acknowledge  all  contracts,  orders,  deeds,  mortgages,  satis- 
faction of  mortgages,  leases  and  assignments  of  the  same,  and  all  other 
writing,  assurances  and  instruments  of  every  kind,  which  maj'  be  requi- 
site or  proper  to  effectuate  all  or  any  of  the  premises,  or  any  other 
matter  or  thing  appertaining  or  belonging  to  me,  with  the  same  powers, 
and  to  all  intents  and  purposes,  with  the  same  validity  as  I  could,  if 
personally  present  [giving  and  granting  unto  my  said  attorney,  full 
power  to  substitute  one  or  more  attorneys  under  him,  my  said  attorney, 
in  or  concerning  the  premises,  or  any  part  thereof,  and  the  same  at  his 
pleasure  to  revoke] ;  and  hereby  ratifying  and  confirming  whatsoever 
my  said  attorney  [or,  his  substitute  or  substitutes]  shall  and  may  do, 
by  virtue  hereof,  in  the  premises. 

The  power  and  authority  hereby  given  and  conferred  is  confined  and 
limited  to  the  states  of  California,  Nevada  and  Oregon. 

In  witness  whereof  [etc.].  .„.       ,        _ 

[Signature.] 

No.  2976.    Substitution  of  Attorney  in  Fact. 

Know  all  men  by  these  presents:  That  I,  D.  J.  H.,  of  Santa  Cruz, 
county  of  Santa  Cruz,  and  state  of  California,  by  virtue  of  the  power 
and  authority  to  me  given  in  and  by  tlie  letter  or  power  of  attorney  of 
A.  W.  B.,  of  said  county,  bearing  date  the  second  day  of  February,  1917, 
and  recorded  in  the  office  of  the  county  recorder  of  said  county  of  Santa 
Cruz,  state  of  California,  on  the  second  day  of  February,  1917,  in  book 
2,  of  Powers  of  Attorney,  page  100,  authorizing  me  to  sell  certain  real 
estate  in  said  Santa  Cruz  [or,  a  copy  of  which  power  of  attorney  is 
hereunto  annexed;  or,  such  other  description  as  may  be  necessary  to 
identify  the  original  power  of  attorney] ,  do  substitute  and  appoint  E.  P., 
of  said  county  of  Santa  Cruz,  to  do,  perform,  and  execute  every  act  and 
thing  which  I  might  or  could  do  as  the  attorney  in  fact  and  substitute 
of  the  said  A.  W.  B.,  hereby  ratifying  and  confirming  all  that  the  said 
attorney  and  substitute  herein  made  and  appointed  shall  do  in  the  prein- 
ises,  by  virtue  hereof,  and  of  the  said  letter  or  power  of  attorney. 

[Dated.] 

D.  J.  H. 


1027  Powers  of  Attorney.         Forms  2876a-2978 

No.  2976a.     Special  Power  of  Attorney  to  Sue  and  Transfer  Property. 

Know  all  men  by  these  presents :  That  we,  M.  H.  F.  and  E.  B.  D.,  of 
the  city  and  county  of  San  Francisr-o,  state  of  California,  have  made, 
constituted,  and  appointed,  and  by  tliese  presents  do  make,  constitute, 
and  appoint,  I.  D.  C,  of  said  city  and  county,  our  true  and  lawful  attor- 
ney for  us  and  in  our  name,  place,  and  stead,  to  sell  and  transfer  our 
interest  in  the  grist-mill  located  on  the  Guadalupe  River,  Santa  Clara 
county,  state  of  California,  with  the  lease  of  the  land,  to  whom  and  on 
such  terms  as  our  said  attorney  may  deem  best,  and  by  such  instrument 
or  means  as  may  be  agreed  on  between  hira  and  any  other  parties. 

Giving  and  granting  nnto  our  said  attorney  full  power  and  authority 
to  do  and  perform  all  and  every  act  and  thing  whatsoever  requisite  and 
necessary  to  be  done  in  and  about  the  premises,  as  fully  to  all  intents 
and  purposes  as  we  might  or  could  do  if  personally  present,  with  full 
power  of  substitution  and  revocation,  hereby  ratifying  and  confirming 
all  that  our  said  attorney  or  his  substitute  sliall  lawfully  do,  or  cause 
to  be  done,  by  virtue  of  these  presents. 

Dated.] 

M.   H.  F. 
E.   B.   D. 

No.  2977.    Power  of  Attorney  to  Transact  Ordinary  Business. 

Be  it  known  that  I  hereby  constitute  and  appoint  to  be  my  at- 
torney in  fact,  with  full  authority  to  make  all  contracts,  and  do  all 
other  acts  of  a  business  nature,  except  the  conveyance  of  land,  as  effec- 
tually as  I  could  myself  do  if  personally  present,  with  power  of  sub- 
stitution and  revocation;  and  I  do  hereby  ratify  and  confirm  all  acts 
that  may  lawfully  be  done  in  pursuance  of  this  power. 

Witness  my  hand,  at ,  this day  of ,  19 — . 


Executed  in  presence  of 


[Signature.] 


No.  2978.    Special  Power  of  Attorney  to  Collect  Debts. 

Know  all  men  by  these  presents:  That  I,  F.  A.  R.,  of  Oro  Fino, 
county  of  Siskiyou,  state  of  California,  have  made,  constituted,  and 
appointed,  and  by  these  presents  do  make,  constitute,  and  appoint, 
A.  H.  R.,  of  Yreka,  county  aforesaid,  my  true  and  lawful  attorney  for 
me  and  in  my  name,  place,  and  stead,  and  for  my  use,  to  ask,  demand, 
sue  for,  collect,  and  receive  all  such  sums  of  money  whicli  are  or  shall 
be  due,  owing,  payable,  and  belonging  to  me,  or  detained  from  mc, 
in  any  manner  whatsoever,  by  any  person  or  persons  whatsoever. 

Giving  and  granting  unto  my  said  attorney  full  power  and  authority 
in  and  about  the  premises;  and  to  use  all  due  means,  course  and  pro- 
cess in  the  law  for  the  full,  effectual,  and  complete  execution  thereof, 
and  in  my  name  to  make,  execute  and  deliver  all  and  every  instrument 
iu   writing  under  seal,  or  otherwise,   and   for  the  premises   to   appear 


Forms  2979, 2980         Cowdery's  Form  Book.  1028 

and  my  person  to  represent  before  any  governor,  judge,  officer,  and 
minister  of  the  law  v/liatsoever,  and  in  any  court  or  courts  of  judi- 
cature, and  on  my  behalf,  to  prosecute  for  debt,  fraud  and  any  manner 
of  claims  I  may  have  against  any  person  or  persons,  and  to  answer, 
defend,  and  reply  unto  all  actions,  causes,  matters,  and  things  what- 
soever relating  to  the  premises.  Also,  to  submit  any  matter  in  dispute 
respecting  the  premises  to  arbitration  or  reference.  And  generally  to 
say,  do,  act,  transact,  determine,  accomplish  and  finish  all  matters  and 
things  whatsoever  relating  to  the  premises,  as  fully,  amply,  and  effect- 
ually, to  all  intents  and  purposes,  as  I  might  or  could  do  if  personally 
present,  with  full  power  of  substitution  or  revocation,  hereby  ratify- 
ing, confirming,  and  holding  valid  all  that  my  said  attorney,  or  his 
substitute  or  substitutes,  shall  lawfully  do  or  cause  to  be  done  by  vir- 
tue of  these  presents. 
In  witness  whereof  [etc.]. 

[Signature.] 

No.  2979.    Qeneral  Power  of  Attorney  to  Sell  Mining  Property. 

Know  all  men  by  these  presents :  That  I,  W.  S.,  of  the  city  and  county 
of  San  Francisco,  state  of  California,  have  made,  constituted  and 
appointed,  and  by  these  presents  do  make,  constitute  and  appoint,  H.  D., 
my  true  and  lawful  attorney  for  me  and  in  my  name,  place  and  stead, 
and  for  my  use  and  benefit,  to  grant,  bargain,  sell,  remise,  release, 
convey  and  quitclaim  to  whom  and  upon  such  terms  as  my  said  attorney 
may  deem  best,  all  of  my  right,  title  and  interest,  estate,  claim  and 
demand,  both  in  law  and  in  equity,  as  well  in  possession  as  in  expect- 
ancy, of,  in  or  to  that  certain  portion,  claim,  and  mining  right,  title, 
or  property  on  that  certain  vein  or  lode  of  rock  containing  precious 
metals  of  gold,  silver,  and  other  minerals,  and  situated  in  the  Big 
Cottonwood  Mining  District,  county  of  Salt  Lake,  and  territory  of  Utah, 
described  as  follows,  to  wit:  [Description.] 

Giving  and  granting  unto  my  said  attorney  full  power  and  authority 
to  do  and  perform  all  and  every  act  and  thing  whatsoever  requisite 
and  necessary  to  be  done  in  and  about  the  premises,  as  fully  to  all 
intents  and  purposes  as  I  might  or  could  do,  if  personally  present, 
with  full  power  of  substitution  or  revocation,  hereby  ratifying  and  con- 
firming all  that  my  said  attorney,  his  substitute  or  substitutes,  shall 
lawfully  do  or  cause  to  be  done  by  virtue  of  these  presents. 

In  witness  whereof  [etc.]. 

[Signature.] 
No.  2980.    Power  of  Attorney  to  Sell  Stocks. 

Know  all  men  by  these  presents:  That  I,  T.  0.  S.,  of  the  city  and 
comity  of  San  Francisco,  state  of  California,  have  made,  constituted 
and  appointed,  and  by  these  presents  do  make,  constitute  and  appoint, 
R.  K.  A.,  of  said  city  and  county,  my  true  and  lawful  attorney,  for  me 
and  in  my  name,  place  and  stead,  to  grant,  bargain,  sell,  assign,  trans- 


1029  Powers  of  Attorney.  Forms  2981, 2982 

fer  and  set  over,  for  such  sum  or  price,  and  on  such  temis  as  to  him 
shall  seem  meet,  the  following  number  of  shares  of  the  capital  stock  of 
the  following  companies  standing  in  my  name  on  the  books  of  the  said 
companies,  to  wit:  Three  (3)  shares  of  the  capital  stock  of  the  G.  tc  C.  G. 
and  S.  M.  Company;  five  (5)  shares  of  the  capital  stock  of  the  0.  G. 
and  S.  M.  Company;  and  twenty  (20)  shares  of  the  capital  stock  of 
the  J.  H.  G.  and  S.  M.  Company.  And  for  me,  and  in  my  name,  to 
sign  and  execute  all  necessary  papers  to  that  end.  Giving  and  granting 
unto  my  said  attorney  full  power  and  authority  to  do  and  perform  all 
and  every  act  and  thing  whatsoever  requisite  and  necessary  to  be  done 
in  and  about  the  premises,  as  fully,  to  all  intents  and  purposes,  as  I 
mii;lit  or  could  do  if  personally  present,  with  full  power  of  substitution 
and  revocation,  hereby  ratifying  and  confirming  all  that  my  said  at- 
torney, or  his  substitute  or  substitutes,  shall  lawfully  do  or  cause  to 
be  done  by  virtue  of  these  presents. 

[Signature.] 

No.  2981.    General  Custom-house  Power  of  Attorney. 

Know  all  men  by  these  presents:  That  I,  J.  D.,  do,  by  these  pres- 
ents, constitute  and  appoint  R.  R.  my  lawful  attorney,  to  receive  and 
enter  at  the  custom-house  of  the  district  of  San  Francisco,  any  goods, 
wares  or  merchandise  imported  by  me,  or  which  may  hereafter  arrive 
consigned  to  me,  to  sign  my  name  and  to  seal  and  deliver  for  me,  and 
as  my  act  and  deed,  any  bond  or  bonds  which  may  be  required  by 
the  collector  of  the  said  district  for  securing  the  duties  on  any  such 
goods,  wares  or  merchandise.  Also  to  sign  my  name  to,  seal  and  de- 
liver for  me,  and  as  my  act  and  deed,  any  bond  or  bonds  requisite  for 
obtaining  the  debenture  on  any  goods,  wares  or  merchandise  when 
ex7)orted,  and  generally  to  transact  all  business  at  the  said  custom- 
house in  which  I  am  or  may  hereafter  be  interested  or  concerned  as 
fully  as  I  could  if  personally  present.  And  I  do  hereby  declare  that 
all  bonds  signed  and  executed  by  my  said  attorney  shall  be  as  obliga- 
tory on  me  as  those  signed  by  mysef,  and  this  power  shall  remain  in 
full  force  until  revoked  by  written  notice  given  to  the  said  collector. 

Dated . 

[Signature.] 

No.  2982.    Power  of  Attorney  to  Collect  Debts. 

Know  all  men  by  these  presents,  etc.,  and  for  my  use,  to  ask,  demand, 

sue  for,  collect  and  receive  all  such  sums  of  money,  debts,  rents,  dues, 

accounts   and   other  demands   whatsoever,   which   are   or  shall  be  due, 

owing,  payable  or  belonging  to  me,  or  detained  from  me,  in  any  manner 

whatsoever,  by  E.  F.,  of,  etc.,  his  heirs,  executors  and  administrators, 

or  any  of  them  or,  by  any  person  or  persons  residing  or  being  in  the 

state  of  California,  giving  and  granting  unto  my  said  attorney,  etc. 

Dated . 

[Signature.] 


Forinii  2983-2985        Cowdery's  Form  Book.  1030 

No.  2983.    Power  of  Attorney  to  Receive  a  Legacy. 

Know  all  men  by  these  presents :  That  whereas  L.  M.,  late  of  Utah, 
deceased,  by  his  last  will  and  testament,  did  give  and  bequeatli  unto 
me,  A.  B.,  of,  etc.,  a  legacy  of  five  hundred  dollars,  to  be  paid  unto 
me  on  the  fourth  day  of  July,  1917,  of  which  said  will  G.  H.  and  S.  T., 
of,  etc.,  are  joint  executors :  Now,  therefore,  I,  the  said  A.  B.,  have 
made,  constituted,  and  appointed,  and  by  these  presents  do  make,  con- 
stitute, and  appoint,  C.  D.,  of,  etc.,  my  true  and  lawful  attorney  for 
me  and  in  my  name,  and  for  my  use  and  benefit,  to  ask,  demand,  and 
receive  of  and  from  the  said  G.  H.  and  S.  T.,  executors  as  aforesaid,  the 
legacy  given  and  bequeathed  unto  me  by  the  said  will  of  the  said  L.  M., 
as  aforesaid;  and  upon  receipt  whereof  by,  or  payment  thereof  to,  my 
said  attorney,  to  make,  execute,  and  deliver  a  general  release  or  dis- 
charge for  tiie  same;  hereby  ratifying,  confirming,  and  allowing  what- 
ever my  said  attorney  shall  lawfully  do  in  the  premises. 

Dated , 

[Signature.] 

No.  2984.    Special  Power  of  Attorney  by  Husband  and  Wife,  to  Convey 
Land. 

Be  it  known  that ,  and ,  his  wife,  do,  by  these  presents,  con- 
stitute  and   appoint  their  attorney  in   fact,  with   full   authority 

to  sell  and  convey,  without  reservation  of  community  right,  or  of  any 
right  whatsoever,  the  following  described  real  property  in  fee  simple, 

to  wit :  ,  and  to  execute  a  good  and  sufficient  deed  therefor  to  the 

jmrchaser;  and,  generally,  to  do  all  acts  necessary  for  conveying  as 
comjilete  a  title  thereto  as  the  grantors  of  said  power  could  themselves 
convey;  hereby  covenanting  with  all  wliom  it  may  concern  to  ratify 
and  confirm  all  lawful  acts  done  in  pursuance  of  this  power. 

Witness  our  hands  this day  of ,  19 — . 

„             ,  .                         -  [Signatures.] 

Executed  in  presence  of . 

NOTE. — If  property  conveyed  is  the  homestead,  tte  wife  cannot  act 
through  attorney,  but  must  personally  join  in  the  execution  of  the  deed 
in  order  to  terminate  homestead  right. 

No.  2985.    Power  of  Attorney  to  Confess  Judgment. 

Be  it  known  that  whereas is  indebted  to ,  in  the  sum  of 

dollars  ($ ),  for : 

Now   therefore   the   said  does   hereby   authorize   ,  or   any 

other  attorney  at  law,  to  appear  in  the court  of ,  at  any  regular 

session  thereof,  and  waive  the  issuing  and  serving  of  process,  and  con- 
fess a  judgment  in  favor  of  the  said ,  against  the  said  ,  for  the 

sum  of  dollars   ($ ),  with  interest  and  costs;  and  thereupon 

to  release  all  error  and  waive  the  right  of  appeal. 

Witness  my  hand  this  day  of ,  19 — . 

[Signature.] 
Executed  in  presence  ot  . 


1031  "Po^vI:^s  of  Attorney.  Forms  2986, 2987 

No.  2986.    Pocvocation  of  Power  of  Attorney. 

Know  all  men  by  these  presents:  That  whereas,  I,  G.  W.,  of  the  city 
of  Stockton,  county  of  San  Joaquin,  state  of  California,  in  and  by 
my  letter,  warrant  and  power  of  attorney,  in  writing,  bearing  date 
tlie  twenty-third  day  of  March,  1917,  make,  constitute  and  appoint 
H.  E.  H.,  of  said  city,  my  true  and  lawful  attorney,  for  the  purposes 
and  with  the  powers  therein  set  forth,  as  will  more  fully  and  at  large 
ap]:)car  by  reference  thereto,  or  to  the  record  tliereof,  made  on  the 
said  twenty-third  day  of  March,  1917,  in  Book  3,  of  Powers  of  Attorney, 
page  48,  in  tlie  office  of  the  county  recorder  of  the  said  county  of  San 
Joaquin. 

Now,  therefore,  I,  the  said  G.  W.,  liave  revoked,  countermanded, 
annulled  and  made  void,  and  by  these  presents  do  revoke,  countermand, 
annul  and  make  void,  the  said  letter,  warrant,  or  power  of  attorney, 
and  all  power  and  authority  thereby  given,  or  intended  to  be  given,  to 
the  said  H.  E.  H. 

G.  W. 

[Dated.] 

No.  2987.    Power  of  Attorney  to  Transfer  Stock. 

Be  it  known  that  I,  ,  for  value  received,  have  bargained,  sold, 

and  assigned,  and  by  these  presents  do  bargain,  sell  and  assign,  unto 

the  following  described  stock,  to  wit :  ,  unto  me  belonging,  and 

held  by  certificate  number  — — ,  in  my  name,  and  hereunto  annexed,  and 
do  hereby  constitute  and  appoint  ,  the  secretary  of  the  com- 
pany, my  true  and  lawful  attorney,  irrevocably,  for  me  and  in  my  name 

and  stead,  to  assign  and  transfer  the  said  stock  unto  the  said ,  and, 

for  tliat  purpose,  to  make  and  execute  the  necessary  acts  of  assignment 
and  transfer,  and  an  attorney,  or  attorneys,  under  liim  for  that  pur- 
pose, to  make  and  substitute,  and  to  do  all  other  lawful  acts  requisite 
for  effecting  the  premises,  hereby  ratifying  and  confirming  the  same. 

In  witness  whereof  [etc.]. 

[Signature.] 

NOTE. — No  instrument  containing  a  power  to  convey  or  execute  instru- 
ments affecting  real  property,  which  has  been  recorded,  is  revoked  by 
any  act  of  the  party  by  whom  it  was  executed,  unless  the  iustruinonf  omA- 
taining  such  revocation  is  also  acknowledged  or  proved,  certified,  and  re- 
corded in  the  same  office  in  which  tho  instrument  containing  the  power  was 
recorded:  See  Cal.  Civ.  Code,  sec.  1216. 


Form  2990  Cowdery's  Form  Book.  1032 


PROBATE  HOMESTEADS. 

2990.  Petition  for  decree  setting  apart  r.oinestsad. 

2991.  Order  assigning  homestead  on  death  of  head  of  family. 

2992.  Decree  setting  apart  homestead. 

2993.  Order  setting  apart  probate  homestead  for  support  of  family. 

2994.  Order  selecting  piohate  homestead  out  of  separate  property  of  de- 

ceased. 

2995.  Order  assigning  homestead  to  widow — Common  property. 

2996.  Order  assigning  homestead  to  x-ridov: — Separate  property. 

2997.  Clause  in  inventory  when  homestead  exceeded  five  thousand  dollars 

in  value,  when  selected  and  cannot  he  divided. 

2998.  Clause  in  inventory  when  homestead  exceeds  five  thousand  dollars  in 

value,  when  selected  and  can  be  divided. 

2999.  Dissenting  report  by  one  appraiser. 

.3000.     Order  setting  report  of  appraisers  for  hearing. 

3001.  Order  confirming  the  report  of  majority  of  appraisers  of  homestead. 

3002.  Order  rejecting  majority  report  of  appraisers  of  homestead. 

No.  2990.    Petition  for  Decree  Setting  Apart  Homestead. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  City  and  County  of  San 
Franfisco,  State  of  California: 

The  petition  of  M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  de- 
ceased, respectfully  shows: 

That  said  deceased  Avas  a  resident  of  the  said  city  and  county  of 
San  Francisco,  at  the  time  of  his  death,  and  left  estate,  real  and  per- 
sonal, in  said  city  and  count3\ 

That  letters  of  administration  were  issued  to  said  M.  J.  on  the  six- 
teenth day  of  May,  1917;  and  that  on  the  third  day  of  June,  1917,  said 
administratrix  duly  returned  an  inventory  and  appraisement  of  said 
estate  to  said  superior  court. 

That  a  certain  quantity  of  land  in  said  inventory,  and  hereinafter 
particularly  described,  together  with  the  dwelling-house  thereon  and 
its  appurtenances,  was  selected  by  said  deceased  in  his  lifetime,  and 
was  occupied  by  said  deceased  and  his  family  at  the  time  of  his  death, 
as  a  homestead;  that  since  the  said  time  of  his  death,  and  up  to  this 
date,  the  widow,  the  said  M.  J.,  and  the  children  of  said  deceased,  have 
remained  in  the  possession  of  the  said  homestead. 

That  the  same  does  not  exceed  in  value  the  sum  of  five  thousand 
dollars,  and  was  appraised,  as  appears  by  said  inventory  and  appraise- 
ment, at  the  sum  of  three  thousand  dollars  only. 

That  said  selection  was  made  by  said  deceased  and  his  said  wife, 
M.  J.,  declaring  their  intention,  in  writing,  to  claim  the  same  as  a 
homestead ;  that  said  declaration  stated  an  estimate  of  the  value  of  said 
land,  and  showed  that  they  Avere  married  and  the  heads  of  a  family; 
that  they  were,  at  the  time  of  making  such  declaration,  residing  with 
their  family  on  said  premi.ses  (said  premises  being  particularly  described 
in  said  declaration),  and  that  it  was  their  intention  to  use  and  claim 


1033  Probate  Hojiesteads.  Form  2991 

the  same  as  a  homestead,  whicli  said  declaration  was  signed  by  the  said 
party  making  the  same,  and  acknowledged  and  recorded  as  conveyances 
affecting  real  estate  are  reciuircd  to  be  acknowledged  and  recorded. 

Tliat  the  family  of  said  deceased  consists  of  said  M.  J.,  his  widow, 
and  W.  J.,  J.  J.,  C.  and  E.  J.,  his  children. 

That  the  said  quantity  of  land  hereinbefore  referred  to  is  situated 
in  said  city  and  county  of  San  Francisco,  state  of  California,  and  is 
bounded  and  particularly  described  as  follows,  to  wit:  [Description.] 

Wherefore,  your  petitioner  prays  that  the  said  homestead,  consisting 
of  said  quantity  of  land,  together  with  the  dwelling-house  thereon  and 
its  appurtenances,  be  set  apart  for  the  use  of  the  family  of  the  said 
deceased. 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1474-1486. 

See,  also,  Alaska.  Conip.  Laws  1913,  sees.  1647-1651;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sec.  872;  Idaho,  Eov.  Codes  1907,  sec.  5447;  Kansas.  Gen. 
Stats.  1915,  sees.  3826,  3827;  Montana,  Eev.  Codes  1907,  sec.  7515;  Nevada, 
Eev.  Laws  1912.  sees.  2165,  5956,  5957;  North  Dakota,  Comp.  Laws  1913, 
see.  5629;  Oklahoma,  Harris  &  Day's  Code  1910,  see.  6328;  Oregon,  Lord's 
Oregon  Laws,  sec.  1233  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sec.  5780; 
Utah,  Comp.  Laws,  1907,  sees.  3846,  3847;  Washington,  Eem.  Code,  see.  1465; 
Wyoming,  Comp.  Stats.  1910,  sec.  5606. 

No.  2991.  Order  Assigning  Homestead  on  Death  of  Head  of  a  Family. 
[Title  of  Court  and  Cause.] 

It  appearing  to  the  court  that  said  A.  B.,  deceased,  was  at  the  time 
of  his  deatli  the  head  of  a  famil}-,  and  that  tlie  homestead  described  in 
the  inventory  filed  in  the  above-entitled  matter  was  selected  from  his 
separate  property.  That  his  wife,  being  dead,  he  was  at  the  time  of 
his  death  residing  witb  his  family  on  said  premises,  and  that  his  family 
consisted  of  B.  B.,  an  unmarried  sister  of  the  age  of  65  years,  who  tlien 
was,  and  now  is,  unable  to  support  herself;  also  his  father,  B.  B.  B. ; 
his  grandmother,  E.  B.;  a  minor  child  of  his  deceased  brother,  C.  B., 
named  0.  B.,  aged  12  years;  a  minor,  named  J.  B.,  brotlier,  of  the  age 
of  11  years;  and  his  minor  gi-andchild,  F.  A.  B.,  aged  14  years.  That 
said  homestead  is  described  as  follows,  to  wit:  [Deserii^tion.] 

It  is  ordered  that  said  premises,  with  the  improvements  thereon,  be, 
and  they  are  hereby,  assigned  to  the  family  of  said  deceased,  until  the 
said  B.  B.,  his  unmarried  sister,  is  able  to  support  herself;  and  until  the 
death  of  B.  B.  B.,  his  fatlier,  and  until  the  death  of  E.  B.,  his  grand- 
mother, and  until  0.  B.,  the  minor  daughter  of  his  brother  C.  B.,  reaL^lics 
her  majority,  and  until  his  minor  brother,  J.  B.,  reaches  his  majority, 
and  until  his  minor  grandson,  F.  A.  B.,  reaches  his  majority. 

Dated . 

[Signature.] 

NOTK. — There  being  no  direct  statntory  definition  of  the  word  "family" 
as  used  in  the  California  codes,  this  form  was  i)rcpared  under  the  assumption 
that,  by  implication,  a  family  consists  of  the   (one  or  more)   persons  men- 


rorms  2092, 2993         Cowdeky's  Form  Book.  1034 

tioned  in  the  Civil  Code,  sections  1238,  1260,  1261,  1262,  1263,  1266  and 
1474.  The  phrase,  "head  of  a  family,"  is  defined  in  section  1261  to  be 
a  person  who  resides  on  the  homestead  premises  with  "him  or  her,"  that 
is  to  say,  the  class  of  persons  (one  or  more  of  them)  mentioned  as  bene- 
ficiaries in  the  above  form  is  necessarily  the  family  of  which  the  deceased 
A.  B.  was  the  head.  The  statute  refers  to  the  family  as  continuing  after 
the  head  of  it  is  no  more. 

No.  2992.    Decree  Setting  Apart  Homestead. 
[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having, 
on  the  sixth  day  of  July,  1917,  made  application  to  the  judge  of  this 
court,  by  petition,  for  an  order  setting  apart,  for  the  use  of  the  family 
of  said  deceased,  the  homestead  in  said  petition  and  hereinafter  par- 
ticularly described,  together  with  the  dwelling-house  thereon  and  its 
appurtenances;  [or,  if  the  order  is  made  b}'  the  court  without  petition, 
or  upon  verbal  application  in  open  court,  then  say]  it  is  ordered  that 
all  that  certain  lot,  [describing  it]  be  and  the  same  is,  etc.,  set  apart, 
etc. 

And  all  and  singular  the  law  and  the  evidence  being  by  the  court 
understood  and  considered,  it  is  ordered,  adjudged,  and  decreed,  that 
all  that  certain  lot,  piece,  or  parcel  of  land,  described  in  said  petition 
as  situate  in  the  city  and  county  of  San  Francisco,  state  of  California, 
and  described  as  follows,  to  wit:  [Description.] 

Together  v-.'ith  the  dwelling-house  thereon  and  its  appurtenances,  be, 
and  the  same  is  hereby,  set  apart  for  the  use  of  the  family  of  said 
T.  J.,  deceased  [or  to  said  M.  J.] ;  and  that  the  same  shall  not  be 
subject  to  administration; 

And  it  is  furtlier  ordered  that  a  certified  copy  of  this  decree  be  re- 
corded in  the  office  of  the  county  recorder  of  said  city  and  county  of 
San  Francisco. 

NOTE.— -California,  Code  Civ.  Proc,  sec.  1465. 

No.   2993.    Order  Setting  Apart  Probate  Homestead  for  Supporb  of 

Family. 
[Title  of  Court  and  Cause. j 

It  appearing  to  the  court  that  the  inventory  herein  has  been  returned; 
and  it  further  appearing  to  the  court  that  during  the  lifetime  of  said 
deceased  a  homestead  had  not  been  selected,  designated  and  recorded; 

It  is  hereby  ordered  that  out  of  the  real  esta,te  described  in  the  inven- 
tory made  and  filed  in  the  matter  of  said  estate,  a  homestead  be,  and 
is  hereby  set  apart  for  the  use  of  A.  B.  C,  the  surviving  wife  of  said 
C.  B.  C,  deceased,  and  tlieir  minor  children,  to  wit,  J.,  aged  ten  years; 
M.,  aged  eight  years,  and  B.,  aged  two  3'ears.  Said  homestead  is  bounded 
and  described  as  follows,  to  wit:   [Description.] 

Dated  . 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sec.  1465. 


1035  Probate  Homesteads.  Forms  2994-2997 

No.  2994.    Order  Selecting  Probate  Homestead  Out  of  Separate  Prop- 
erty of  Deceased. 
[Title  of  Court  and  Cause.] 

It  appearing  to  the  court  that  said  A.  B,,  deceased,  was  at  the  time 
of  his  death  the  head  of  a  family,  and  that  the  homestead  described  in 
the  inventory  filed  in  the  above-entitled  matter,  was  selected  from  his 
separate  property ; 

And  it  appearing  to  the  court  that  said  property  was  the  separate 
property  of  deceased,  and  that  he  left  surviving  A.  B.  D.,  his  widow, 
and  no  minor  cliildren,  it  is  ordered  that  out  of  said  property  a  home- 
stead be,  and  the  same  is  hereby  selected,  designated  and  set  apart  for 
the  use  and  benefit  of  said  A.  B.  D.  during  the  remainder  of  her  life. 
Said  homestead  is  bounded  and  described  as  follows,  to  wit:  [Descrip- 
tion.] 

Dated ,  19-.  __^  j^^^^ 

No.  2995.  Order  Assigning  Homestead  to  Widow— Common  Property. 
[Title  of  Court  and  Cause.] 

It  appearing  to  the  court  from  the  inventory  filed  herein  that  the 
homestead  therein  described  was  in  the  form  and  manner  as  is  by  law 
provided,  selected  and  designated  from  the  common  property  of  A.  B.  C, 
deceased,  and  his  widow,  D.  E.  C,  it  is  hereby  ordered  that  all  that 
property  situated  in  the  city  and  county  of  San  Francisco,  state  of 
California,  with  improvements  thereon,  bounded  and  described  as  fol- 
lows, to  wit  [description],  be,  and  the  same  is  hereby,  set  apart  for 
the  use  of  D.  E.  C,  the  surviving  wife  of  said  deceased. 

Dated  .  [Signature.] 

No.  2996.    Order  Assigning  Homestead  to  Widow— Separate  Property. 
[Title  of  Court  and  Cause.] 

It  appearing  to  the  court  from  the  inventory  filed  herein  that  the 
homestead  therein  described  was,  in  the  manner  and  form  as  is  by  law 
provided,  selected  and  designated  by  said  A.  B.  C,  deceased,  out  of  his 
separate  property,  it  is  liereby  ordered  that  said  homestead  be,  and 
the  same  is  hereby,  set  apart  for  the  use  of  B.  A.  C,  the  surviving  wife 
of  said  deceased. 

Dated .  [Signature.] 

No.  2997.    Clause  in  Inventory  When  Homestead  Exceeded  Five  Thou- 
sand   Dollars  in  Value,  When   Selected   and    Cannot  be 
Divided. 
[Title  of  Court  and  Cause.] 
To  the  Honorable  the  Superior  Court: 

The  undersigned,  the  appraisers  appointed  to  make  an  appraisement 
of  all  the  property  of  the  above-entitled  estate,  liave  returned  in  the 


Forms  2998, 2999         Cowdery's  Form  Book.  1036 

inventory  of  which  this  writing  is  a  part   as  the  homestead  of  said 

deceased  all  that  lot  of  land  which  is  bounded  and  described  as  follows, 

to  wit,  commencing  [description],  was  on  the  third  day  of  May,  1917, 

with  the  dwelling-house  therein,  selected  and  recorded  in  the  recorder's 

office  of  said  city  and  county  as  a  homestead  by  said  deceased,  and 

the  same  is  in  this  inventory  appraised  at  $12,000,  and  we  and  each 

of  us  have  carefully  inspected  said  property,  and  have  ascertained  and 

appraised  the  value  of  said  homestead,  on  the  third  day  of  May,  1917, 

at  $8,000,  which  said  sum  was  the  value  of  said  homestead  at  the  time 

it  was  selected,  and  we  have  found  that  said  premises  cannot  be  divided 

without  material  injury. 

Dated . 

[Signatures.] 

NOTE.— See  Cal.  Code  Cir.  Proc,  sees.  1443,  1476. 

No.  2998.    Clause  in  Inventory  When  Homestead  Exceeds  Five  Thou- 
sand Dollars  in  Value,  When  Selected  and  can  be  Divided. 
[Title  of  Court  and  Cause.] 
To  the  Honorable  the  Superior  Court: 

The  undersigned,  the  appraisers  appointed  to  make  an  appraisement 
of  all  the  property  of  the  above-entitled  estate,  have  returned  in  tlie 
inventory  of  which  this  writing  is  a  part,  as  tlie  homestead  of  said  de- 
ceased, all  that  lot  of  land  which  is  bounded  and  described  as  follows, 
to  wit,  commencing  [description],  was  on  the  third  day  of  May,  1914, 
with  the  dwelling-house  therein,  selected  and  recorded  in  the  recorder's 
office  of  said  city  and  county  as  a  homestead  by  said  deceased,  and 
the  same  is  in  this  inventory  appraised  at  $12,000,  and  we  and  each 
of  us  have  carefully  inspected  said  property,  and  have  ascertained  and 
appraised  the  value  of  said  homestead,  on  the  third  day  of  May,  1914, 
at  $8,000. 

And  we  have  determined  that  said  premises  can  be  divided  without 
material  injury,  and  we  have  admeasured  and  set  apart  as  a  homestead 
to  the  parties  the  said  court  adjudges  to  be  entitled  thereto,  all  that 
lot  of  land,  including  the  dwelling-house  thereon,  bounded  and  described 
as  follows,  to  wit,  commencing  [description],  and  we  have  determined 
that  the  premises  herein  last  above  described,  including  the  dwelling- 
house,  amount  in  value  to  the  sum  of  $5,000. 

Dated . 


[Signatures.] 


NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1443,  1476. 


No.  2999.    Dissenting  Report  by  One  Appraiser. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  the  Superior  Court  of  the  State  of  California  in  and 

for  the  County  of : 

The  undersigned,  the  appraisers  appointed  to  make  an  appraisement 
of  all   the  property  of  t])c  above-entitled  estate,  have  returned   in  the 


1037  Probate  Homesteads.  Form  3000 

inventory  of  which  this  writing  is  a  part,  as  the  homestead  of  said 
deceased,  all  that  lot  of  land  which  is  bounded  and  described  as  follows, 
to  wit,  commencing  [description],  was  on  the  third  day  of  May,  !19T4, 
with  the  dwelling-house  therein,  selected  and  recorded  in  the  recorder's 
office  of  said  city  and  county  as  a  liomestead  by  said  deceased,  and  the 
same  is  in  this  inventory  appraised  at  $12,000,  and  we  and  each  of  us 
have  carefully  inspected  said  property,  and  have  ascertained  and  ap- 
praised the  value  of  said  homestead,  on  the  third  day  of  ^lay,  3914, 
at  $8,000. 

The  undersigned  dissents  from  all  that  part  of  the  report  of  the 
majority  of  the  appraisers  appointed  to  appraise  and  inventory  tlie 
property  belonging  to  said  estate  which  states  that  "said  premises  can 
be  divided  without  material  injury,"  because  I  am  of  the  opinion  that 
the  premises,  as  a  whole,  including  the  dwelling-house  thereon,  can  be 
readily  sold  for  $12,000,  but  as  subdivided  in  the  manner  described  in 
the  majority  report,  the  fair  market  value  of  the  homestead  is  $5,000, 
but  the  remainder  of  the  homestead  premises  as  selected  and  recorded 
on  May  3,  1914,  is  not  worth  over  $4,000,  and  $4,000  is  about  its  present 
market  value.  The  homestead  dwelling-house  I  find  is  of  the  value 
of  $6,000,  and  the  land  on  which  it  stands  not  over  $1,000;  but  if  the 
dwelling-house  is  moved  to  the  center  of  the  present  homestead  lot, 
and  it  can  be  moved  at  an  expense  of  $500,  the  whole  property  will, 
in  my  opinion,  sell  for  $13,000.  I  therefore  recommend  that  the  major- 
ity report  be  rejected  and  that  other  appraisers  be  appointed  to  re- 
examine and  appraise  said  property. 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec,  1477. 

No.  3000.     Order  Setting  Report  of  Appraisers  for  Hearing. 

[Title  of  Court  and  Cause.] 

The  appraisers  appointed  in  the  above-entitled  matter,  having  made 
and  reported  to  this  court  their  inventory  and  appraisement,  it  is  or- 
dered that  all  that  part  of  their  report  (and  the  dissenting  report  of 
one  of  said  appraisers,  relating  to  tlie  homestead  of  said  deceased),  be, 
and  the  same  is,  set  for  hearing  objections  to  said  repe  "t  from  anyone 
interested  in  said  estate  on  Friday,  the  third  day  of  October,  1917,  at 
10  o'clock  A.  M.,  and  it  is  ordered  that  notice  of  said  hearing  be  given 
by  the  executor  of  said  estate  by  serving  notice  of  said  hearing  on 
all  persons  who  have  appeared  in  said  matter. 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1478. 


Forms  3001, 3002         Cowdery's  Form  Book.  1038 

No.  3001.    Order  Confirming  the  Report  of  Majority  of  Appraisers  of 
Homestead. 

[Title  of  Court  and  Cause.] 

The  matter  of  hearing  objections  to  the  report  of  the  majority  of 
the  appraisers  in  the  above-entitled  matter  coming  on  to  be  heard  on  this 
third  day  of  October,  1917,  and  it  appearing  to  the  court  that  notice 
of  the  time  and  place  of  said  hearing  has  been  given  as  is  by  the  order 
of  this  court  directed,  and  all  parties  interested  having  been  lieard, 
and  the  matter  having  been  submitted  for  judgment,  it  is  ordered  that 
the  report  of  J.  S.  and  H.  B.,  the  majority  of  the  said  appraisers,  be, 
and  the  same  is,  hereby  confirmed;  and  it  is  further  ordered  that  the 
homestead  as  described  in  the  report  of  the  majority  of  the  said  ap- 
praisers be,  and  the  same  is  hereby,  declared  to  be  the  homestead  of 
A.  B.  C,  the  widow  of  said  R.  P.  C,  deceased. 

Dated . 

,  Judge. 

NOTE.— California,  Code  Cir.  Proc,  sec.  1478. 

No.  3002.    Order  Rejecting  Majority  Report  of  Appraisers  of  Home- 
stead. 
[Title  of  Court  and  Cause.] 

The  matter  of  hearing  objections  to  the  report  of  the  majority  of 
the  appraisers  in  the  above-entitled  matter  coming  on  to  be  heard  on 

this  day  of  ,  19 — ,  and  it  appearing  to  the  court  that  notice 

of  the  time  and  place  of  said  hearing  has  been  given  as  is  by  the  order 
of  this  court  directed,  and  all  parties  interested  having  been  heard,  and 
the  matter  having  been  submitted  for  judgment,  it  is  ordered  that  the 
report  of  J.  S.  and  H.  B.,  the  majority  of  the  said  appraisers,  be,  and 
the  same  is  hereby  rejected,  and  H.  S.,  J.  D.  and  W.  H.  be,  and  they 
are  hereby,  appointed  appraisers  to  examine  upon  the  homestead  as 
the  same  is  described  in  the  inventory  and  appraisement  on  file  in  said 
estate. 

Dated . 

,  Judge. 

NOTE.— California,  Code  Cir.  Proc,  lec.  1478. 


1039  Probate  Lease.  Forms  3020, 3021 


PROBATE  LEASE. 

3020.  Petition    for   order   to   lease    realty   by   executor,    administrator    or 

guardian. 

3021.  Order  to  sliow  cause  why  lease  of  real  estate  should  not  be  made. 

3022.  Order  directing  administrator  to  execute  lease. 

3023.  Probate  lease. 

3024.  Order  to  show  cause  on  application  to  modify  lease. 

No.  3020.     Petition  for  Order  to  Lease  Realty  by  Executor,  Adminis- 
trator or  Guardian. 
[Title  of  Court  and  Estate.] 

The  petition  of  E.  D.  states  that  she  is  the  administratrix  of  the 
estate  of  C.  D.,  deceased. 

That  said  estate  is  the  owner  of  the  certain  house  and  lot  in  said 
city  and  pounty  described  as  follows:   [Description.] 

That  said  property  is  community  property  of  deceased  and  your  peti- 
tioner, his  surviving  wife.  That  the  time  for  presentint;:  claims  against 
said  estate  has  expired,  and  there  is  enough  money  in  the  hand  of  the 
administratrix  sufficient  to  pay  the  family  allov.-ance,  the  expenses  of 
administration  and  all  claims  against  the  estate. 

That  said  property  will  be  distributed  to  petitioner  and  her  and 
deceased's  son,  E.,  aged  16  years,  he  being  their  only  child  and  only 
heir  at  law  of  deceased. 

That  G.  H.  has  made  an  offer  to  lease  said  property  during  the  minor- 
ity of  said  child  at  a  rental  of  $200  a  month,  and  petitioner  is  informed 
and  believes  that  the  offer  is  advantageous  to  said  estate,  and  petitioner 
is  advised  that  if  said  lease  is  executed  before  said  property  is  dis- 
tributed that  the  lessee  will  hold  good  for  the  time  stated  in  the  lease. 
The  rents  are  to  be  paid  on  the  first  day  of  every  month  in  advance; 
and  all  improvements  made  by  the  lessee  to  become  the  property  of 
the  lessors  and  the  lease  is  not  to  be  sublet  nor  assigned. 

Wherefore   [etc.]. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1579. 

See,  also,  Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sec.  966;  CaHfornia,  Cede 
Civ.  Proc.  sees.  1577-1579;  Montana,  Rev.  Codes  1907,  sees.  7600,  7602;  New 
Mexico,  Stats.  Ann,  1915,  sees.  4404,  4407;  Utah,  Comp.  Laws  1907,  sec.  390S. 

No.  3021.     Order  to  Show  Cause  Why  Lease  of  Real  Estate  Should  not 

be  Made. 
^Title  of  Court  and  Estate.] 

Upon  reading  the  petition  of  E.  D.,  administratrix  of  the  estate  of 
C.  D.,  deceased,  for  an  order  to  lease  a  house  and  lot  belonging  to  said 
estate,  it  is  ordered  notice  will  be  given  that  all  persons  interested  in  said 
estate  appear  before  this  court  on  Monday,  June  3,  1917,  at  ten  o'clock 
A.  M.,  then  and  there  to  show  cause  why  that  house  and  lot  No.  3727 
Maple  Street  in  said  citj'  and  county  should  not  be  leased  for  the  period 


Forms  3022, 3023         Cowdery's  Form  Book.  ■  1040 

of  five  years,  at  the  rental  of  $200  a  month,  payable  in  advance;  said 
notice  shall  refer  to  said  petition  for  further  particulars;  and  it  is 
further  ordered  that  said  notice  shall  be  published  for  two  successive 
weeks  in  a  newspaper  of  general  circulation. 

Dated . 

■ ,  Judge. 

NOTE. — The  order  to  show  cause  may  be  personally  served  on  the  per- 
sons interested  in  the  estate  at  least  ten  days  prior  to  the  time  appointed 
for  hearing  the  petition,  or  it  may  be  published  for  two  successive  weeks 
in  a  newspaper  of  general  circulation  in  the  county:  California,  Code  Civ. 
Proc,  sec.  1579;  Arizona,  Rev.  Stats.  1913,  par.  966. 

No.  3022.    Order  Directing  Administrator  to  Execute  Lease. 

[Title  of  Court  and  Estate.] 

The  matter  of  the  petition  of  the  administrator  of  the  estate  of  C.  D., 
deceased,  coming  on  this  day  to  be  heard,  it  is  ordered  that  he  execute 
a  written  lease  of  the  premises  described  in  his  petition  to  G.  H.  for 
five  years  from  the  date  of  the  lease,  for  the  minimum  sum  of  $12,000, 
gold  coin  of  the  United  States,  to  be  paid  in  60  equal  installments  of 
$200,  to  be  paid  on  the  first  day  of  each  month  during  said  term.  Said 
lease  not  to  be  sublet,  assigned  or  surrendered,  without  an  order  of  this 
court  until  distribution  is  made  of  the  property  described  in  the  lease. 

Dated . 

[Signature.] 

NOTE. — The  order  may  prescribe  the  minimum  rental  to  be  received  for 
the  premises,  and  the  period  of  the  lease  which  in  no  case  must  be  longer 
than  for  five  years,  and  the  court  may  prescribe  other  terms  and  conditions 
of  such  lease:  California,  Code  Civ.  Proc,  sec.  1579;  Arizona,  Eev.  Stats. 
1913,  par.  966. 

No.  3023.    Probate  Lease. 

This  indenture  made  the  twenty-second  day  of  June,  1908,  at  the 

city  of ,  county  of  ,  state  of  California,  by  and  between  , 

the  duly  appointed,  qualified  and  acting  administrator  of  the  estate  of 

■ ,  deceased,  late  of  the  county  aforesaid,  the  party  of  the  first  part, 

and ,  of  the  same  place,  the  party  of  the  second  part,  witnesseth : 

That  whereas,  on  the  day  of  ,  19 — ,  the  superior  court  of 

the  state  of  California,  in  and  for  the  county  of  Sonoma,  made  an  order 
authorizing  the  said  party  of  the  first  part  to  lease  certain  real  prop- 
erty belonging  to  said  estate,  situated  in  the  aforesaid  county  and  state, 
and  specified  and  particularly  described  in  said  order  of  lease,  which 
order  is  now  on  file  and  of  record  in  said  court  and  is  hereby  referred 
to  and  made  a  part  of  this  indenture. 

And  whereas,  under  and  by  virtue  of  said  order  of  lease,  said  party 

of  the  first  part,  on  the day  of ,  19 — ,  agieed  to  lease  the  real 

property  hereinafter  described,  on  the  terms  and  conditions  hereinafter 
stated,  to  said  party  of  the  second  part  for  the  term  of  one  year. 


lOU  PiiORATE  Lease.  Fomi  3024 

Now,  therefore,  in  consideration  of  the  premises,  the  said  party  of 
the  first  part  hereby  demises  and  leases  to  the  said  party  of  the  second 

part  all  that  certain  piece  of  land  situated  in  the  county  of ,  state 

of  California,  and  described  as  follows:  [Here  describe  premises  and 
set  forth  the  terms  and  conditions  of  the  lease.] 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands 
the  day  and  year  first  above  written. 


As  Administrator  of  the  Estate  of  ,  Deceased. 

NOTE. — A  certified  copy  of  the  order  must  be  recorded  in  the  county  in 
which  some  part  of  the  property  lies.  No  omission,  error,  or  irresrularity  in 
the  proceedings  impairs  or  invalidates  the  lease:  California,  Code  Civ.  Proc, 
sec.  1579;  Arizona,  Rev.  Stats.  1913,  par.  966. 

No.  3024.     Order  to  Show  Cause  on  Application  to  Modify  Lease. 
[Title.] 

A.  L.  L.  and  J.  W.  L.,  executors  of  the  last  will  and  testament  of 
I.  S.,  deceased,  this  day  having  filed  herein  their  petition  prajang  tliat 
this  court  make  its  order  directing  said  executors  to  enter  into  a  modi- 
fication of  that  certain  lease  bearing  date  April  27,  1917,  on  said  date 
made  by  said  I,  S.,  deceased,  to  H.  A.  S.,  in  and  by  which  said  lease 
bearing  date  April  27,  1917,  said  deceased  leased  to  said  H.  A.  S.  that 
certain  piece  and  parcel  of  land  in  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  described  as  follows:  [description];  and  a 
building  to  be  erected  thereon  in  accordance  with  certain  agreed  plans 
and  specifications,  for  a  term  of  five  years,  commencing  on  the  comple- 
tion of  said  building,  at  a  monthly  rental  of  four  hundred  and  fifty 
dollars  ($450)  during  the  first  two  j^ears,  and  four  hundred  and  seventy- 
five  dollars  ($475)  during  the  next  three  years  of  said  term,  by  leasing 
to  said  H.  A.  S.,  for  said  period,  such  land  and  a  building  to  contain 
certain  additions,  for  the  same  term  and  at  an  added  montlily  rental  of 
two-thirds  per  cent  (7;';%)  of  the  actual  cost  of  such  additions,  all  as 
is  particularly  set  forth  in  said  petition,  to  which  reference  is  hereby 
made  for  further  particulars; 

Now,  therefore,  it  is  hereby  ordered  that  all  persons  interested  in 
said  estate  appear  before  this  court,  Department  No.  10  thereof,  at 
the  City  Hall  in  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, on  Monday,  July  2,  1917,  at  10  o'clock  A.  M.  on  said  day,  then 
and  there  to  show  cause,  if  any  they  have,  why  said  modification  of 
lease  should  not  be  entered  into  as  prayed  in  and  by  said  petition. 

Done  in  open  court  this  13th  day  of  June,  1917. 

,  Judge. 

Form  Book — 66 


Form  3040  Cowdery's  Form  Book.  1042 


PROBATE  MORTGAGE. 

3040.  Petition  for  leave  to  mortgage. 

3041.  Order  to  show  cause  on  application  to  mortgage. 

3042.  Order  empowering  administrator  to  mortgage. 

3043.  Mortgage  by  administrator. 

No.  3040.    Petition  for  Leave  to  Mortgage. 
[Title  of  Court  and  Estate.] 

The  petition  of  M.  D.,  the  administratrix  of  the  estate  of  C.  D.,  de- 
ceased, respectfully  shows: 

1.  That  said  C.  D.  died  intestate  in  the  said  city  and  county  of  San 
Francisco,  state  of  California,  on  the  Gtli  day  of  May,  1915.  That  at 
the  time  of  his  death  he  was  a  resident  of  said  city  and  count}',  and 
left  estate  therein  consisting  of  real  and  personal  property. 

2.  That  on  the  twenty-sixth  day  of  May,  1915,  on  proceedings  herein 
for  that  purpose  duly  had,  your  petitioner  was,  by  this  court,  appointed 
the  administratrix  of  the  estate  of  said  C.  D.,  deceased,  and  she  having 
thereupon  duly  qualified  as  such  administratrix,  letters  of  administra- 
tion of  the  said  estate  were  duly  issued  to  her  on  said  day.  At  all  times 
since  she  has  been,  and  now  is,  the  duly  appointed,  qualified,  and  acting 
administratrix  of  the  estate  of  C.  D.,  deceased.  That  on  the  twenty- 
second  day  of  August,  1916,  your  petitioner  returned  and  filed  herein  a 
true  inventory  and  appraisement  of  all  the  property  of  said  estate. 
That  your  petitioner  has  caused  notice  to  the  creditors  of  said  deceased 
and  of  his  said  estate  to  be  published,  as  required  by  law  and  the  order 
of  this  court;  and  that  heretofore,  to  wit,  on  May  31,  1916,  this  court 
made  and  filed  herein  its  decree  declaring  that  due  notice  to  said  cred- 
itors had  been  duly  given.  That  the  time  for  presentation  of  the  claims 
of  said  creditors  has  expired. 

That  on  the  thirteenth  day  of  August,  1916,  your  petitioner  filed 
herein  her  first  annual  account  of  her  administration  of  said  estate, 
which,  on  the  twenty-eiahtli  day  of  August,  1916,  was,  by  this  court, 
duly  approved  as  rendered.  That  by  said  account  it  appeared  that  there 
was  then  in  her  hands  belonging  to  said  estate  a  cash  balance  of  eight 
hundred  and  ninety  and  1/100  dollars.  That  she  has  since  collected 
the  further  sum  of  $1,000,  so  that  the  total  amount  now  in  her  pos- 
session belonging  to  said  estate  is  the  sum  of  $1,890  1/100. 

That  the  other  personal  property  of  said  estate  consists  of  promis- 
sory notes  and  bills  receivable  for  store  accounts  which  are  difficult  to 
collect  or  realize  upon,  and  that  the  same  cannot  be  collected  within 
one  year  herefrom.  Upon  her  information  and  belief  she  states  that 
the  total  amount  of  money  finally  realized  from  said  collection  will 
not  exceed  the  sum  of  $3,000.     [Description.] 

That  the  real  property  of  said  deceased  and  of  his  said  estate  is 
situated  in  the  city  and  county  of  San  Francisco,  and  is  described  as 
follows : 


1043  Probate  IMortgagb.  Form  3040 

That  the  said  lot  of  land  has  five  buildings  thereon,  and  that  they 
now  jneld  a  monthly  rental  of  one  hundred  and  ten  dollars.  That  the 
value' of  said  real  property,  as  set  forth  in  said  appraisements  on  file 
herein,  is  the  sum  of  twenty  thousand  seven  hundred  and  sixty-eight 
dollars. 

That  said  real  property  is  encumbered  by  (1)  a  mortgage  to  secure 
the  payment  of  two  thousand  dollars  by  said  deceased,  the  claim  where- 
for  has  been  presented  and  allowed  herein  as  a  debt  of  said  estate,  and 
(2)  a  lease  for  five  years  from  March  1,  1904,  covering  the  southwest 
corner  of  said  lot  fronting  thirty-one  and  a  half  feet  on  Filbert  Street 
by  ninety  feet  on  Fillmore  Street. 

That  claims  of  the  creditors  of  said  deceased  and  of  his  said  estate 
have  been  presented,  approved  and  filed  herein  as  follows : 

Claimant.  Character  of  Claim.  Amount  due. 

T    &  B  Merchandise  $10049  79 

p".  C.  C.  C.  M.  Co.  ''  330  00 

0.  L.  "  27  75 

[If  others  state  same  as  above.] 
There  has  been  paid  on  account  of  the  above  claims  and  of  the  interest 
thereon  the  sum  of  eleven  hundred  and  seventy-four  dollars.     That  the 
total  amount  thereof  now  due  and  unpaid  is  the  sum  of  nine  thousand 
six  hundred  and  ninety-four  27/100  dollars. 

That  tliere  are  no  legacies  nor  char'^^es  of  administration  now  due  or 
unpaid.  That  it  would  be  to  the  advantage  of  said  estate  to  borrow 
the  sum  of  ten  thousand  dollars  secured  to  be  repaid  by  a  mortgage  on 
the  hereinbefore  described  real  property,  for  the  following  reasons, 
namely: 

The  approved  claims  of  creditors  of  said  estate,  amounting  to  about 
ten  thousand  dollars,  as  hereinbefore  stated,  are  now  due  and  must 
speedily  be  paid  by  said  estate.  Tlie  proceeds  of  the  personal  prop- 
erty of  said  estate  cannot  be  realized  upon  within  one  or  more  years, 
and  can  then  pay  only  a  small  portion  of  said  indebtedness  of  the  estate. 
Hence,  money  to  pay  that  indebtedness  must  be  procured  at  once,  either 
by  a  sale  of  said  real  property  or  by  a  loan  secured  by  mortgage  on  it. 
But  the  real  estate  market  in  this  city  and  county  is  in  a  greatly  de- 
pressed condition,  and  a  sale  of  said  real  property  at  this  time  would 
realize,  as  your  petitioner  is  informed  and  believes,  not  more  than 
seventy-five  per  cent  of  its  said  appraised  value.  In  the  judgment  of 
real  estate  dealers,  if  such  sale  be  deferred  for  two  years,  it  would 
realize  for  said  estate  a  price  equal  to,  or  exceeding,  the  said  appraised 
value ;  and  vour  petitioner  coincides  in  that  opinion. 

That  the  present  rents  of  the  said  real  property  will  pay  the  interest 
on  such  mortgage,  and  leave  a  small  surplus  to  be  applied  to  the  sup- 
port of  the  family  of  said  deceased. 

That  the  said  deceased  left  no  will  or  testament,  and  hence,  no 
devisees  nor  legatees.     That  the  heirs  and  next  of  kin  of  said  C.  D., 


Form  3040  Cowdery's  Form  Book.  iqu 

deceased,  surviving  him  are  your  petitioner,  his  survivin-  wife,  and 
their  two  children,  M.  D.,  aged  thirteen  years,  and  F.  C.  D.,''aged  eleven 
years,  both  residing  with  your  petitioner  in  this  city  and  county. 

Your  petitioner  alleges,  therefore,  that  it  would  be  for  the  advantage 
of  said  estate  to  raise  sufficient  money  by  a  mortgage  on  said  described 
real  property  of  said  estate  wherewith  to  pay  the  said  approved  claims 
and  debts  of  said  estate. 

Wherefore,  your  petitioner  prays  for  an  order  of  this  court  author- 
izing, empowering  and  directing  her,  as  the  administratrix  of  said  estate 
to  borrow  the  sum  of  ten  tliousand  dollars,  or  such  lesser  sum  as  shall 
to  the  court  appear  necessary  wherewith  to  pay  the  debts  of  said  estate, 
for  a  period  of  not  less  than  two  years,  at  a  rate  of  interest  not  exceed- 
ing eight  per  cent  per  annum,  payable  monthly  during  said  period,  and 
to  mortgage  to  the  lender  of  such  money  to  secure  to  him  tlie  repay- 
ment of  such  loan,  the  hereinbefore  described  real  property  of  said 
deceased  and  of  his  said  estate,  and  that  in  said  mortgage  she  be  per- 
mitted to  make  such  covenants  as  are  usually  in  such  instruments  con- 
tained and  not  contrary  to  the  provisions  of  law  in  this  regard. 

[Signature.] 
[Verified.] 

NOTE.— To  obtain  an  order  to  mortgage  sucli  realtv,  the  proceedings  to 
be  taken  and  the  effect  thereof  shall  be  as  follows: 

First.  The  executor  or  administrator  of  any  estate,  or  guardian  of  any 
minor  or  incompetent  person,  or  any  person  interested  in  the  estates  of  such 
decedents,  minors,  or  incompetent  persons,  may  file  a  verified  petition 
showing: 

1.  The  particular  purpose  or  purposes  for  which  it  is  proposed  to  make 
the  note  or  notes  and  mortgage,  which  shall  be  either  to  maintain  the  ward 
and  his  family  or  to  maintain  and  educate  the  ward  when  a  minor,  or  to 
pay  the  debts,  legacies,  or  charges  of  administration,  or  to  pay,  reduce, 
extend,  or  renew  some  lien  or  mortgage  already  subsisting  on  said  realty 
or  some  part  thereof;  or,  if  the  application  be  made  by  the  guardian  of 
any  minor  or  incompetent  person,  to  erect,  alter  or  repair  buildings  or  other 
structures  upon,  or  otherwise  to  improve,  the  realty  proposed  to  be  mort- 
gaged, or  some  part  thereof. 

2.^  A  statement  of  the  facts  and  circumstances  showing  the  insufficiency 
of  the  income  of  the  estate  under  guardianship  to  maintain  the  ward  and 
his  family  or  to  maintain  and  educate  the  ward  when  a  minor  and  the  debts, 
legacies,  charges  of  administration,  liens  or  mortgages  to  be  paid,  reduced) 
extended,  or  renewed,  as  the  case  may  be;  or,  if  the  application  be  made 
by  the  guardian  of  any  minor  or  incompetent  person  for  the  purpose  of 
improving  the  realty  or  some  part  thereof,  the  condition  and  value  of  all 
the  real  and  personal  property  then  belonging  to  the  estate,  a  statement 
of  all  debts  and  obligations  secured  or  unsecured  outstanding  against  the 
estate,  and  the  character  and  estimated  cost  of  the  buildings,  "structures 
or  other  improvements  proposed  to  be  erected,  altered  or  repaired  with  the 
proceeds  of  the  mortgage. 

3.  The  advantage  that  may  accrue  to  the  estate  from  raising  the  required 
money_  by  note  or  notes  and  mortgage  or  providing  for  the  payment, 
reduction,  extension,  or  renewal  of  the  subsisting  liens  or  mortgages,  as 
the  case  may  be;  or,  if  the  application  be  made  by  the  guardian  of  a  minor 
or  incompetent  person  for  the  purpose  of  improving  the  realty  belonging 
to  the  estate  or  some  part  thereof,  the  advantage  that  will  accrue  to  the 
estate  by  the  making  of  such   improvements. 


1045  Probate  Mortgage.  Form  30-iO 

4.  The  amount  to  be  raised,  with  a  general  description  of  the  property 
proposed  to  be  mortgaged;  and, 

5.  The  names  of  the  legatees  and  devisees,  if  any,  and  of  the  heirs  of 
the  deceased,  or  of  the  minor,  or  of  the  incompetent  person,  as  the  case 
may  be,  so  far  as  known  to  the  petitioner. 

Second.  Upon  filing  such  petition,  an  order  shall  be  made  by  the  court 
or  judge,  requiring  all  persons  interested  in  the  estate  to  appear  before 
the  court  or  judge,  at  a  time  and  place  specified,  not  less  tlian  four  nor 
more  than  ten  weeks  thereafter,  then  and  there  to  show  cause  why  the 
realty  (briefly  indicating  it),  or  some  part  thereof,  should  not  be  mortgaged 
for  the  amount  mentioned  in  the  petition  (stating  such  amount),  or  such 
lesser  amounts  as  to  the  court  or  judge  shall  seem  meet,  and  referring 
to  the  petition  on  file  for  further  particulars. 

Third.  The  order  to  show  cause  may  be  personally  served  on  the  persons 
interested  in  the  estate,  at  least  ten  days  before  the  time  appointed  for 
hearing  the  petition,  or  may  be  published  for  four  successive  weeks  in  a 
newspaper  of  general  circulation,  published  in  the  county. 

Fourth.  At  the  time  and  at  the  place  appointed  in  the  order  to  show 
cause,  or  at  such  other  time  and  place  to  which  the  hearing  may  be  post- 
poned (the  power  to  make  all  needful  postponements  being  hereby  vested 
in  the  court  or  judge),  having  first  received  satisfactory  proof  of  personal 
service  of  publication  of  the  order  to  show  cause,  the  court  or  judge  must 
proceed  to  hear  the  petition  and  any  objections  that  may  be  filed  or  pre- 
sented thereto.  Upon  such  hearing,  witnesses  may  be  compelled  to  attend 
and  testify,  in  the  same  manner,  and  with  like  effect,  as  in  other  cases; 
and  if,  after  a  full  hearing,  the  court  or  judge  is  satisfied  that  it  will  be 
for  the  advantage  of  the  estate  to  mortgage  the  whole  or  any  portion  of 
the  real  estate,  an  order  must  be  made  authorizing,  empowering,  and  direct- 
ing the  executor  or  administrator,  or  the  guardian  of  such  minor  or  incom- 
petent person,  to  make  such  mortgage,  and  a  promissory  note  or  notes  to 
the  lender,  for  the  amount  of  the  loan,  to  be  secured  by  said  mortgage; 
the  order  may  direct  that  a  lesser  amount  than  that  named  in  the  petition 
be  borrowed  and  may  prescribe  the  maximum  rate  of  interest  and  period 
of  the  loan,  and  may  direct  in  what  coin  or  currency  it  shall  be  paid,  and 
require  that  the  interest  and  the  whole  or  any  part  of  the  principal  be  paid, 
from  time  to  time,  out  of  the  whole  estate  or  any  part  thereof,  and  that 
any  buildings  on  the  premises  to  be  mortgaged  shall  be  insured  for  further 
security  of  the  lender,  and  the  premiums  paid  from  such  income. 

Fifth.  After  the  making  of  the  order  to  mortg.ige,  the  executor,  admin- 
istrator, or  guardian  of  a  minor  or  of  an  incompetent  person  shall  execute 
and  deliver  a  promissory  note  or  notes  for  the  amount  and  period  specified 
in  the  order,  and  shall  execute,  acknowledge,  and  deliver  a  mortgage  of 
the  premises,  setting  forth  in  the  mortgage  that  it  is  made  by  authority 
of  the  order,  and  giving  the  date  of  such  order.  A  certified  copy  of  the 
order  shall  be  recorded  in  the  office  of  the  county  recorder  of  every  county 
in  which  the  encumbered  land,  or  any  portion  thereof,  lies.  The  note  or 
notes  and  mortgage  shall  be  signed  by  the  executor,  administrator,  or 
guardian  as  such,  and  shall  create  no  personal  liability  against  the  persons 
80  signing. 

Sixth.  Every  note  or  notes  and  mortgage  so  made  shall  be  effectual  to 
mortgage  and  hypothecate  all  the  right,  title,  interest,  and  estate  which 
the  decedent,  minor,  or  incompetent  person  had  in  the  premises  described 
therein  at  the  time  of  the  death  of  such  decedent,  or  at  the  time  of  the 
appointment  of  the  guardian  of  such  minor  or  of  such  incompetent  person, 
or  prior  thereto,  had  any  right,  title,  or  interest  in  said  premises  acquired 
by  the  estate  of  such  decedent,  minor,  or  incompetent  person,  by  operation 
of  law  or  otherwise,  since  the  time  of  the  death  of  such  decedent,  or  the 
appointment  of  the  guardian  of  such  minor  or  incompetent  person.  Juris- 
diction of  the  court  to  administer  the  estate  of  such  decedent,  minor  or 
incompetent   person   shall   be   effectual   to   vest  such   court   and   judge  with 


Form  3041  Cowdeby  's  Form  Book.  1046 

jurisdiction  fo  make  the  order  for  the  note  or  notes  and  mortgage,  and 
such  jurisdiction  shall  conclusively  inure  to  the  benefit  of  the  mortgagee 
named  in  the  mortgage,  his  heirs  and  assigns.  No  irregularity  in  the  pro- 
ceedings shall  impair  or  invalidate  the  same  or  the  note  or  notes  and  mort- 
gage given  in  the  pursuance  thereof,  and  the  mortgagee,  his  heirs  and 
assigns,  shall  have  and  poss<^ss  the  same  rights  and  remedies  on  the  note 
or  notes  and  mortgage  as  if  it  had  been  made  by  the  decedent  prior  to  his 
death,  the  minor  after  reaching  the  age  of  maturity,  or  the  incompetent 
person  when  legally  competent;  provided,  however,  that  upon  any  fore- 
closure, if  the  proceeds  of  the  encumbered  property  are  insufficient  to  pay 
the  note  or  notes,  and  mortgage,  no  judgment  or  claim  for  any  deficiency 
of  such  proceeds  to  satisfy  the  note  or  notes  and  mortgage,  or  the  costs 
or  expenses  of  sale,  shall  be  had  or  allowed,  except  in  cases  where  the  note 
or  notes  and  mortgage  were  given  to  pay,  reduce,  extend,  or  renew  a  lien 
or  mortgage  subsisting  on  the  realty,  or  some  part  thereof,  at  the  time 
of  the  death  of  the  decedent,  and  the  indebtedness  secured  by  such  lien 
or  mortgage  was  an  allowed  and  approved  claim  against  his  estate,  or  a 
lien  upon  the  interest  of  the  minor  in  said  real  estate  at  the  time  it  vested 
in  him,  or  upon  the  estate  of  the  incompetent  at  the  time  the  incompetency 
of  the  incompetent  person  was  so  declared  by  the  court;  and  provided,  also, 
that  in  cases  affecting  the  estate  of  the  deceased  person  the  part  of  tlie 
indebtedness  remaining  unsatisfied  must  be  classed  and  paid  with  other 
demands  against  the  estate,  as  provided  in  article  three,  chapter  ten,  of 
title  eleven,  part  three,  of  the  Code  of  Civil  Procedure,  with  respect  to 
mortgages  subsisting  at  the  time  of  death:  California,  Code  Civ.  Proc, 
sec.  1578. 

See,  also,  Arizona,  Rev.  Stats.  (Civ.  Code  1913),  sees.  958-965;  Colorado, 
Mill's  Ann.  Stats.  1912,  sees.  7977,  7980;  Montana,  Rev.  Codes  1907,  sees. 
7547,  7600,  7602;  Nevada,  Rev.  Laws  1912,  sec.  6146;  New  Mexico,  Stats. 
Ann.  1915,  sec.  4410;  Oregon,  Lord's  Oregon  Laws,  sec.  1278;  Utah,  Comp. 
Laws  1907,  sec.  3908;  Washington,  Rem.  Code,  sees.  1498-1506. 

Mo.  3041.    Order  to  Show  Cause  on  Application  to  Mortgage. 
[Title  of  Court  and  Estate.] 

M.  D.,  as  the  administratrix  of  the  estate  of  C.  D.,  deceased,  having 
filed  herein  her  duly  verified  petition  praying  for  an  order  of  this 
court  authorizing  and  directing  her  to  borrow  the  sum  of  $10,000  or 
such  lesser  sum  as  the  court  may  deem  necessary  wherewith  to  pay  the 
debts  of  said  estate,  and  for  tlie  purpose  of  seeurins:  the  pajmient  of 
such  loan,  to  mortgage  to  the  lender  of  such  money  that  certain  real 
property  of  said  estate  situate  in  said  city  and  county  of  San  Francisco, 
state  of  California.     [Description.] 

It  is  ordered  that  all  persons  interested  in  said  estate  appear  before 
this  court,  at  its  courtroom  [Department  No.  10],  in  said  city  and 
county,  on  the  fifth  day  of  November,  1917,  10  o'clock  A.  M.,  and  then 
and  there  show  cause  why  the  said  prayer  of  said  petition  should  not 
be  granted  and  the  real  property  above  described  mortgaged  to  secure 
a  loan  to  said  estate  of  ten  thousand  dollars,  or  such  lesser  amount 
as  the  court  may  deem  meet,  wherewith  to  pay  the  debts  of  said  estate. 

For  all  further  particulars  of  said  petition  all  persons  interested  are 
hereby  referred  to  the  petition  now  on  file  herein. 

Dated . 

,  Judge. 


1047  Probate  IMortgage.  Form  3042 

NOTE. — In  California,  upon  filing  the  petition  [see  Petition  for  Order], 
an  order  shall  be  made  by  the  court  or  judge,  requiring  all  persons  inter- 
ested in  the  estate  to  appear  before  the  court  or  judge,  at  a  time  and  place 
specified,  not  less  than  four  nor  more  than  ten  weeks  thereafter,  then  and 
there  to  show  cause  why  the  realty  (briefly  indicating  it),  or  soniepart 
thereof,  should  not  be  mortgaged  for  the  amount  mentioned  in  the  petition 
stating  such  amount,  or  such  lesser  amount  as  to  the  court  or  nuiga  shall 
seem  meet,  and  referring  to  the  petition  on  file  for  further  particulars. 

The  order  to  show  cause  may  be  personally  served  on  the  persons  inter- 
ested in  the  estate  at  least  ten  days  before  the  time  appointed  for  hearing 
the  petition,  or  it  may  be  published  for  four  successive  weeks  in  a  news- 
paper of  general  circulation  published  in  the  county:  California,  Code  Civ. 
Proc,  part  of  sec.  1578;  Arizona,  Eev.  Stats.  1913,  pars.  958-965;  Montana, 
Rev.  Codes,  see.  7547;  Washington,  Eem.  Codes,  sec.  1505. 

No.  3042.     Order  Empowering  Administrator  to  Mortgage. 
[Title  of  Court  and  Estate.] 

M.  D.,  the  administratrix  of  the  estate  of  C.  D.,  deceased,  havin<? 
petitioned  this  court  for  an  order  empowering  her  as  such  administratrix 
to  mortgage  the  land  and  improvements  described  in  said  petition  for 
the  benefit  of  said  estate,  and  said  matter  coming  on  this  day  to  be 
heard,  and  satisfactory  proof  having  been  m.ade  of  personal  service  of 
the  order  to  show  cause  why  this  order  should  not  be  made  on  all 
persons  interested  in  said  estate,  and  no  objections  having  been  made 
to  the  making  of  this  order;  and  proof  having  been  made  to  the  court's 
satisfaction  that  it  is  for  the  best  interests  of  said  estate  to  make  this 
order : 

It  is  therefore  ordered  that  the  said  administratrix  execute  in  the 
name  of  and  for  the  benefit  of  said  estate,  a  mortgage  of  all  the  land 
and  improvements  described  in  said  petition  to  any  person,  firm,  or 
corporation  who  will  lend  said  estate  $10,000  in  gold  coin  of  the  United 
States,  payable  two  years  after  the  date  of  this  order  with  interest  at 
the  rate  of  not  exceeding  seven  per  cent  per  annum  payable  semi- 
annually. 

The  land  and  improvements  ordered  mortgaged  are  situated  in  the 

city  and  county  of  San  Francisco  and  bounded  and  described  as  follows, 

to  wit:  [Description.] 

Dated . 

,  Judge. 

NOTE.— In  California,  at  the  time  and  at  the  place  appointed  in  the 
order  to  show  cause,  or  at  such  other  time  and  place  to  which  the  hearin? 
may  be  postponed  (the  power  to  make  all  needful  postponements  being 
hereby  vested  in  the  court  or  judge),  having  first  received  satisfactory  proof 
of  personal  service,  or  publication  of  the  order  to  show  cause,  the  court  or 
judge  must  proceed  to  hear  the  petition,  and  any  objections  that  may  be 
filed  or  presented  thereto.  Upon  such  hearing  witnesses  may  be  compelled 
to  attend  and  testify  in  the  same  manner  and  with  like  effect  as  in  other 
eases;  and  if,  after  a  full  hearing,  the  court  or  judge  is  satisfied  that  it  v/lll 
be  for  the  advantage  of  the  estate  to  mortgage  the  whole  or  any  portion 
of  the  real  estate,  an  order  must  be  made  authorizing,  empowering,  and 
directing  the  executor  or  administrator,  or   the  guardian   of  such   minor  or 


Form  3043  Cuwdery's  Form  Book.  1048 

Incompetent  person,  to  make  such  mortgage.  The  order  may  direct  that  a 
lesser  amount  than  that  named  in  the  petition  be  borrowed,  and  may  pre- 
scribe the  maximum  rate  of  interest  and  period  of  the  loan,  and  require 
that  the  interest,  and  the  whole  or  any  part  of  the  principal,  be  paid,  from 
time  to  time,  out  of  the  whole  estate,  or  any  part  thereof,  and  that  any 
buildings  on  the  premises  to  be  mortgaged  shall  be  insured  for  further 
security  of  the  lender,  and  the  premiums  paid  from  such  income:  California, 
Code  Civ.  Proc,  part  of  sec.  1578. 

No.  3043.    Mortgage  by  Administrator. 
[Title  of  Court  and  Estate.] 

This  indenture  witnesseth:  That  whoreas,  by  an  order  made  by  the 

superior  court  of  the  county  of  Sonoma,  state  of  California,  on  the 

day  of ,  19—,  in  the  matter  of  the  estate  of ,  deceased,  I, , 

tlie  administrator  of  said  estate  was  authorized,  empowered  and  directed 
to  mortgage  certain  real  property  belonging  to  said  estate  and  herein- 
after described;  and  whereas  I,  the  said  ,  have  obtained  from  

of  the   county  aforesaid,  tlie   loan  of  dollars,  on   the  terms   and 

conditions  specified  in  said  order. 

Now,   therefore,   I,  the   said   ,   in   my   capacity   as   administrator 

aforesaid,  and  by  virtue   of  the   authority  in  me   vested  as  aforesaid, 

and  in  consideration  of  tlie  sum  of dollars  to  me  in  hand  paid  by 

said  ,  do  hereby  mortgage  to  said  all  that  certain  real  prop- 
erty situated  in  county,  state  of  ,  being  the  ,  as  security 

for  the  payment  on  the day  of ,  19—,  to  said ,  of  the  said 

sum  of  dollars,  with  interest  thereon  from  date  at  per  cent 

per  annum,  payable  annually. 

In  witness  whereof  I  have  hereunto  set  ray  hand,  in  my  capacity 
as  administrator  aforesaid,  this day  of ,  19 — . 

State  of , 

County  of ,  ss. 

On  this  day  of  ,  19—,  before  me,  ,  a  notary  public  in 

and   for  the  said  county  of  ,   state   of  ,  personally  appeared 

• ,  known  to  me  to  be  the  person  whose  name  is  subscribed  to  the 

within  instrument,  as  the  administrator  of  the  estate  of ,  deceased, 

and  acknowledged  to  me  that  he,  as  such  administrator,  executed  the 
same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal  at  the  said  c'onnty  of  ,  the  day  and  year  in  this  cer- 
tificate first  above  written. 

,  Notary  Public. 


1049  Probate  Sales. 


PROBATE  SALES. 

3061.  Petition  for  order  to  sell  perishable  personal  property. 

3062.  Petition  for  order  of  sale  of  personal  property. 

3064.  Petition  for  order  of  sale  of  real  estate  for  best  interests  of  heirs 

at  law. 

3065.  Petition  for  order  of  sale  of  all  the  property  of  insolvent  estate  at 

one  sale. 

3066.  Petition  by  administrator  to  sell  stock  in  mining  company. 

3067.  Petition  for  order  of  sale  of  real  estate  where  all  persons  Interested 

join  in  petition. 

3068.  Petition  for  order  of  sale  of  real  estate  where  all  persons  interested 

assent  in  writing. 

3069.  Petition  by  creditor  for  order  of  sale  of  real  estate. 

3070.  Petition  for  order   of   sale   of  real   estate  to   pay   debts  or   family 

allowance. 

3071.  Petition  for  order  to  sell  real  estate  to  pay  inheritance  tax. 

3072.  Objection  to  sale  of  real  estate. 

3073.  Opposition  to  sale  of  personal  property. 

3074.  Order  for  sale  of  personal  property. 

3075.  Order  to  sell  perishable  personal  property. 

3076.  Order  to  show  cause  on  sale  of  personal  property. 

3077.  Order  to  show  cause  on  sale  of  mining  stock. 

3078.  Order  to  show  cause  on  sale  of  real  estate. 

3079.  Admissions  of  service  of  order  to  show  cause  on  sale  of  real  estate. 

3080.  Order  of  sale  of  real  estate. 

3081.  Order  of  sale  of  real  estate  without  published  notice. 

3082.  Order  of  sale  of  personal  property  upon  petition  for  sale  of  realty. 

3083.  Order  of  sale  of  all  property  belonging  to  estate  at  one  sale. 

3084.  Order  of  sale  of  real  estate  by  administrator  upon  petition  of  person 

interested. 

3085.  Order  to  show  cause  on  sale  of  mining  interest. 

3086.  Order  of  sale  of  mining  stock. 

3087.  Bond  of  administrator  on  sale  of  real  estate. 

3088.  Bond  to  administrator  and  interested  persons  upon  sale  of  contract 

for  purchase  of  lands. 

3089.  Notice  of  sale  of  personal  property. 

3090.  Notice  of  sale  of  real  estate  at  auction. 

3091.  Notice  of  postponement  of  sale  of  real  estate. 

3092.  Notice  of  sale  of  real  property  at  private  sale. 

3093.  Return  and  account  of  sale  of  real  estate. 

3094.  Affidavit  of  posting  notice  of  sale  of  real  estate — Return  Schedule 

"A." 

3095.  Affidavit  of  publication  of    notice   of    sale   of  real   estate — Return 

Schedule  "B." 

3096.  Affidavit  of  sale  of  real  estate  at  public  sale — Return  Schedule  "C." 

3097.  Account  of  sale  of  real  estate  by  auctioneer — Return  Schedule  "D." 

3098.  Order  fixing  day  of  hearing  return  of  sale  of  real  estate. 

3099.  Notice  of  day  fixed  for  hearing  return  of  sale  of  real  estate. 

3100.  Objections  to  confirmation  of  sale  of  real  estate. 

3101.  Order  confirming  sale  of  real  estate. 

3102.  Order  confirming  sale  of  real  estate  by  authority  of  will. 

3103.  Order  confirming  sale  made  in  open  court. 

3104.  Order  vacating  sale  of  real  estate  for  inadequacy  of  price. 

3105.  Notice  of  motion  to  set  aside  sale  for  neglect  to  comply  with  terms. 

3106.  Order  vacating  sale  and  directing  resale  on  failure  of  purchaser  to 

comply  with  bid. 

3107.  Return  and  account  of  sales  of  personal  property. 

3108.  Affidavit  of  publication  of  notice  of  sale  of  personal  estate. 


Forms  3061, 3062         Cowdery's  Form  Book.  1050 

3109.  Affidavit  of  auctioneer  on  return  of  sale  of  personal  estate. 

3110.  Affidavit  of  auctioneer  on  return  of  sale  of  personal  property. 
8111.     Order  confirming  sale  of  personal  property. 

INTRODUCTORY  NOTE. 

The  statutes  covering  the  subject  of  Probate  Sales  are  cited 
below. 

XOTE.— See  Alaska,  Coiiip.  Laws  1913,  sees.  1662-1690;  Arizona.  Rev.  Stats. 
(Civ.  Code  1913),  see.  908;  California,  Code  Civ.  Proc,  sec.  1516  et  seq.;  Colo- 
rado, Mill's  Ann.  Stats.  1912,  sec.  7965  et  seq.;  Hawaii,  Rev.  Code  1915,  sees. 
2498,  2499;  Idaho,  Rev.  Codes  1907,  sec.  5490  et  seq.;  Kansas,  Gen.  Stats. 
1915,  sees.  4553,  4598  et  seq.;  Montana,  Rev.  Codes  1907,  sees.  7546-7599; 
Nebraska,  Rev.  Code  1913,  sec.  1446  et  seq.;  Nevada,  Rev.  Lav^s  1912,  sec. 
5980  et  seq.;  New  Mexico,  Stats.  Ann.  1915.  sees.  2256,  4398  et  seq.;  North 
Dakota,  Comp.  Laws  1913,  sees.  8764-8791;  Oklahoma,  Harris  &  Day's  Code 
1910,  sees.  6360-6409;  Oregon,  Lord's  Oregon  Laws.  sec.  1243  et  seq.;  South 
Dakota,  Comp.  Laws  1913,  sec.  5812  et  seq.;  Utah,  Comp.  Laws  1907,  sec. 
3877  et  seq.;  Washington,  Rem.  Code,  sec.  1491  et  seq.;  Wyoming,  Comp. 
Stats.  1910,  sec.  5637  et  seq. 

No.  3061.    Petition  for  Order  to  Sell  Perishable  Personal  Property. 

[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Judge  of  the  Superior  Court  of  the  City  and 
County  of  San  Francisco,  State  of  California: 

The  petition  of  J.  C,  executor  of  the  will  of  S,  D.,  deceased,  respect- 
fully sliows : 

Tliat  on  the  thirteenth  day  of  May,  A.  D.  1917,  letters  testamentary 
of  the  last  will  of  said  deceased  were  issued  to  your  petitioner,  and 
lie  is  now  the  executor  of  said  will. 

That  at  Gridley,  in  the  county  of  Butte,  in  said  state,  there  are  stored 
713  sacks  of  wheat,  which  will  be  liable  to  depreciate  in  value  if  not 
sold  without  delay,  on  account  of  great  danger  of  being  destroyed  by 
insects.  That  he  has  received  an  advantageous  offer  for  said  wheat, 
and  .said  offer  is  the  present  market  value. 

Wlierefore,  your  petitioner  prays  that  said  court  order  a  sale  of 
said  wheat  without  notice  being  given,  or  that  such  other  or  further 
order  may  be  made  as  is  meet  in  the  premises. 

Dated . 

[Signature.] 
NOTE'.— California,  Code  Civ.  Proc.,  sec.  1522. 

No.  3062.    Petition  for  Order  of  Sale  of  Personal  Property. 
[Title  of  Court  and  Estate,] 

To  the  Honorable  J.  F.  F.,  Judge  of  the  Superior  Court  of  the  City 
and  County  of  San  Francisco,  State  of  California: 

The  petition  of  M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  de- 
ceased, respectfully  shows: 

That  on  the  sixteenth  day  of  May,  1917,  letters  of  administration  of 
the  estate  of  said  deceased  were  issued  to  your  petitioner,  and  that 
said  letters  have  not  been  revoked. 


1051  Probate  Sales.  Form  3002 

That  imniccliately  after  her  appointment  she  caused  to  be  duly  pub- 
lished according  to  law,  a  notice  to  tiie  creditors  of  the  said  deceased. 

That  the  following  claim  against  the  said  estate  has  been  duly  allowed 
and  filed  in  the  said  court,  to  wit: 

The  claim  of  J.  S.,  for  the  sum  of  $1,500,  with  accruing  interest,  at 
the  rate  of  two  per  cent  per  month  from  the  twentieth  day  of  April, 
1917,  on  the  sum  of  $1,000,  which  said  claim  was  presented  to,  and 
allowed  and  approved  by  said  administratrix,  on  said  twentieth  day 
of  June,  1917,  and  presented  to  and  allowed  and  approved  by,  the  judge 
of  sai-d  court,  on  the  twenty-second  day  of  June,  1917. 

That  the  following  expenses  of  administration  liave  been  incurred,  to 
wit: 

Fees  of  clerk  of  this  court $  16  50 

Fees  of  appraisers  of  estate .30  oU 

Fees  of  attorney  for  administratrix 100  00 

Amounting  to  the  sum  of $  1^'''  ^^ 

That  on  the  sixth  day  of  July,  1917,  an  alloAvance  of  one  hun- 
dred dollars  per  month  was  duly  made  out  of  said  estate, 
by  said  court,  for  the  maintenance  of  the  family  of  said 
deceased,  during  the  progress  of  the  settlement  of  said 
estate,  payable  on  the  sixth  day  of  each  and  every  month, 

and  amounting,  at  this  date,  to  the  sum  of 100  00 

That  at  least  one  year  from  the  time  of  the  appointment  of 
said  administratrix,  to  wit,  from  May  16,  1917,  must  elapse 
before  said  estate  can  be  closed,  when  said  allowance  will 
have  amounted  to  the  additional  sum  of 1,030  00 

Amount  of  family  allowance  due  and  to  become  due $1,130  00 

That   the   following   expenses   of   administration   will   necessarily   be 

incurred  before  said  administration  can  be  closed,  and  the  estate  finally 

settled,  to  wit: 

Fees  of  attorney  for  administratrix,  upon  closing  as  per  agree- 
ment     $   40000 

Commissions  upon  $14,137.00,  the  appraised  value  of  said  estate, 
and  the  probable  amount  of  the  whole  estate  to  be  ac- 
counted for  by  the  said  administratrix  upon  the  settlement 
of  her  final  account  ^-^^  ^^ 

Other  expenses  ^^^  ^^ 

Amounting  to  the  sum  of $1,195  48 

And  making,  with  the  said  sum  of 1-500  00 

And 14700 

And   • -1^30  00 

The  sum  of   $3,972  48 


Form  3064  Cowdery's  Form  Book.  1052 

That  no  moneys  of  said  estate  have  come  to  the  hands  of  5'our  peti- 
tioner, except  the  sum  of  fifty  dollars. 

That  said  intestate  died  possessed  of  personal  property,  particularly 
described  in  the  inventory  and  appraisement  heretofore  returned  to 
said  court,  and  appraised  at  the  sum  of  $4,850  (exclusive  of  the  house- 
hold furniture  heretofore  set  apart  for  the  use  of  said  family),  as  will 
appear  by  said  inventory  and  appraisement,  which  your  petitioner  begs 
leave  to  make  a  part  of  this  petition,  and  that  said  property  is  now  of 
the  value  of  about  $4,000  only. 

That,  therefore,  a  sale  of  the  whole,  or  some  portion  of  said  personal 
property,  is  necessary  for  the  payment  of  said  claim,  expenses  of  admin- 
istration, and  allowance  to  the  family. 

Wherefore  your  petitioner  prays  that,  after  notice  given  of  the  hear- 
ing of  this  application,  said  court  order  a  sale  of  the  whole  or  so  much 
of  the  said  personal  property  as  shall  be  necessary  for  the  pajmient  of 
said  claim,  expenses  of  administration,  and  allowance  to  the  family  of 
said  deceased,  or  that  such  other  or  further  order  may  be  made  as  is 
meet  in  the  premises. 

Dated . 

[Signature.] 

NOTE. — In  California,  the  executor,  administrator  or  special  adminis- 
trator may  apply  to  the  court  or  judge  for  an  order  to  sell  perishable  and 
other  personal  property  likely  to  depreciate  in  value,  or  which  will  incur 
loss  or  expense  by  being  Icept,  and  so  much  other  personal  property  as  may 
be  necessary  to  pay  the  allowance  made  to  the  family  of  the  decedent. 
The  order  for  the  sale  may  be  made  without  notice;  but  the  executor,  admin- 
istrator or  special  administrator  is  responsible  for  the  property,  unless,  after 
making  a  sworn  return,  and  on  a  proper  showing,  the  court  shall  approve 
the  sale:  California,  Code  Civ.  Proc,  sees.  1522,  1523. 

No.  3064.    Petition  for  Order  of  Sale  of  Real  Estate  for  Best  Interests 

of  Heirs  at  Law. 
[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  City  and  County  of  San 
Francisco,   State   of  California: 

The  petition  of  J.  C.  R.,  as  the  executor  of  the  will  of  S.  D.,  deceased, 
respectfully  represents : 

That  said  deceased  died  testate  on  the  fifth  day  of  April,  1917,  in 
the  city  and  county  of  San  Francisco,  state  of  California,  and  at  tlie 
time  of  his  death  he  was,  and  had  been  continuously  for  many  years, 
a  resident  of  said  city  and  county  and  state,  and  left  estate  therein  con- 
sisting of  real  and  personal  property  of  a  value  in  excess  of  ten  thou- 
sand dollars. 

That  thereafter,  on  the  thirteenth  day  of  May,  1917,  this  court,  by 
its  order  duly  given,  made  and  entered,  admitted  the  last  will  of  S.  D. 
to  probate  and  appointed  your  petitioner  the  executor  thereof,  without 
bonds,  and  thereafter,  on  the  same  day,  your  petitioner  duly  qualified 


1053  Probate  Sat-es.  Form  3004 

as  such  executor  and  letters  testanioutary  were  thereupon  issued  to 
your  petitioner,  and  he  has  ever  since  been,  and  now  is,  the  duly  ap- 
pointed, qualified  and  acting  executor  of  the  will  of  said  deceased. 

That  thereafter,  on  the  thirtieth  day  of  June,  1917,  your  petitioner 
duly  made  and  returned  to  this  court,  and  filed  with  the  clerk  thereof, 
true  inventories  and  appraisements  of  all  the  estate  of  said  deceased 
which  has  come  to  the  possession  and  knowledge  of  your  petitioner. 

That  the  following  is  the  amount  of  the  personal  estate  of  said  de- 
ceased that  has  come  to  the  hands  of  your  petitioner:  [Insert  list  and 
values.] 

That  all  of  said  personal  estate  remains  undisposed  of  and  in  the 
hands  of  your  petitioner,  except  the  sum  of  $10,000. 

That  the  only  debts  outstanding  against  said  decedent  at  the  time 
of  his  death,  so  far  as  can  be  ascertained  by  your  petitioner,  are  the 
following,  contracted  during  his  last  illness,  to  wit :  [Insert  list.] 

That  the  debts,  expenses  and  charges  of  administration  already  ac- 
crued are  the  following:  [Insert  list.] 

That  nothing  is  due  or  will  be  due  for  any  family  allowance. 

That  an  estimate  by  your  petitioner  of  the  debts,  expenses  and  charges 
of  administration  which  will  or  may  accrue  during  the  administration 
of  the  said  estate  is  the  following:  [Insert  estimate.] 

That  the  total  amount,  as  aforesaid  set  forth,  of  the  debts  outstand- 
ing against  the  said  deceased,  the  estimated  debts,  expenses  and  charges 
of  administration  that  will  or  may  accrue,  is  the  sum  of  $100,000. 

That  the  following  is  a  general  description  of  all  the  real  property 
of  which  the  decedent  died  seised,  or  in  which  he  had  any  interest, 
or  in  which  his  estate  has  acquired  any  interest,  and  the  condition  and 
value  thereof.  All  the  real  property  hereinafter  described  is  the  sepa- 
rate property  of  the  said  deceased:  [Insert  description  of  each  piece, 
and  its  improvements,  if  any,  and  extent  of  interest  of  deceased,  etc.] 

That  deceased  left  no  legatees  or  devisees.  That  the  names,  ages 
and  places  of  residence  of  the  heirs  of  said  deceased,  so  far  as  known 
to  j'^our  petitioner,  are  as  follows :  J.  D.,  a  sister  of  the  said  deceased, 
aged  about  87  years,  a  resident  of  Galway,  state  of  New  York;  M.  G.  S., 
a  niece  of  the  said  deceased,  aged  about  50  years,  a  resident  of  Church- 
ville,  state  of  New  York;  H.  W.  D.,  a  nephew  of  the  said  deceased, 
aged  about  55  years,  a  resident  of  Churchville,  state  of  New  York. 
Since  the  death  of  the  said  S.  D.,  his  nephew,  H.  "W.  D.,  died  in  tlie  state 
of  New  York,  on  the  6th  day  of  May,  1917,  and  he  left  as  his  only 
heirs  at  law  his  widow,  E.  B.  D.,  aged  about  45  years,  a  resident  of 
Churchville,  state  of  New  York,  and  their  daughter,  M.  B.  D.,  aged 
about  18  years,  a  resident  of  Churchville,  state  of  New  York,  and  their 
son,  S.  D.,  aged  about  17  years,  a  resident  of  Churchville,  state  of  New 
York. 

That  it  will  be  for  the  advantage,  benefit  and  best  interests  of  the 
estate,  and  those  interested  therein,  that  the  real  property  of  the  said 


Form  3064  Cowdery's  Form  Book.  1054 

deceased,  and  the  whole  thereof,  hereinbefore  described,  be  sold,  for 
the  following  reasons:  The  heirs  of  the  said  deceased,  as  above  men- 
tioned, consist  of  four  women,  to  wit,  a  sister,  a  niece,  and  a  widow 
and  daughter  of  a  nephcv/  dying  since  the  death  of  said  deceased,  S.  D. ; 
all  of  tliese  women  reside  in  the  state  of  New  York,  and  the  eldest 
thereof,  J.  D.,  who  is  heir  to  one-half  of  all  the  estate  left  by  said 
deceased,  is  87  years  of  age,  and  is,  as  your  petitioner  has  been  informed 
and  believes,  incompetent  to  transact  business  by  reason  of  age  and 
mental  weakness;  that  one  G.  H.  W.  has  been  appointed  guardian  of 
lier  person  and  estate  in  the  state  of  New  York,  and  there  is  a  petition 
now  pending  in  this  court  by  one  H.  M.  A.  for  letters  of  guardianship 
on  her  estate  in  the  state  of  California.  The  only  other  heir  of  said 
deceased  is  a  grandnephew,  S.  D.,  a  youth  aged  17  years,  who  resides 
with  his  mother  in  the  state  of  New  York.  None  of  the  said  heirs 
are  familiar  with  the  said  real  properties,  nor  with  their  management 
or  operation,  nor  are  any  of  them  within  the  state  of  California. 

That  none  of  the  said  real  properties  are  improved,  and  they  do  not 
aggregate  to  produce  an  income  equal  to  the  annual  taxes  levied  against 
them,  and  they  are  a  constant  expense  to  the  estate. 

In  nearly  all  of  the  properties  hereinbefore  described,  the  ownership 
of  the  deceased  is  an  undivided  interest,  and  in  order  to  make  the  proper- 
ties available  and  profitable,  considerable  expenditures  are  necessary, 
which  the  other  owners  favor  making,  but  which  j^oiir  petitioner  is  ad- 
vised and  believes  he,  as  executor,  has  no  legal  authority  to  make,  or  pay 
for  from  the  funds  of  the  estate. 

That  said  property  is  not  of  a  character  to  admit  of  partition  and 
division  among  the  said  heirs,  but  is  of  such  a  character  with  reference 
to  its  future  disposition  among  the  said  heirs,  as  clearl}'^  to  render  it  for 
the  best  interests  of  all  concerned  that  the  same  should  be  sold  and  the 
proceeds  distributed  among  the  said  heirs  in  accordance  with  their  re- 
spective interests. 

That  the  condition  of  the  real  estate  market  in  the  city  and  county  of 
San  Francisco,  and  in  the  state  of  California,  at  the  present  time  is  such 
that  said  real  properties  are  likely  to  realize  good  prices,  and  if  kept, 
said  real  properties  are  likely  to  depreciate  in  value. 

Wherefore,  your  petitioner  prays  that  an  order  be  made  by  this  court 
directing  all  persons  interested  in  the  said  estate  to  appear  before  this 
court,  at  a  time  and  place  specified,  not  less  than  four  nor  more  than 
ten  weeks  from  the  time  of  making  such  order,  to  show  cause  why  an 
order  should  not  be  granted  to  your  petitioner  for  the  sale  of  the  said 
real  property  of  the  said  deceased,  situated  in  the  city  and  county  of 
San  Francisco,  and  in  the  counties  of  Kings,  Tulare,  Fresno,  Sutter  and 
Butte,  in  the  state  of  California,  and  the  whole  thereof,  and  that  after 
a  full  hearing  upon  this  petition,  and  an  examination  of  the  proofs  and 
allegations  of  the  parties  interested,  and  due  proof  of  the  publication  of 
the  said  order  to  show  cause,  an  order  be  made  by  this  court  authorizing 


1055  Probate  Sales.  Forms  3065, 306G 

and  directing  j'onr  petitioner  to  sell  the  said  real  property,  and  the  whole 
thereof,  either  at  public  or  private  sale,  as  your  petitioner  shall  judge 
to  be  most  beneficial  for  the  said  estate,  and  that  such  other  and  further 
oriler  be  made  as  may  be  proper  in  the  premises. 

Dated . 

[(Signature.] 

NOTE. — Such  petitions  may  be  granted  when  it  is  for  the  best  intcrosta 
of  the  estate,  notwithstanding  there  are  not  debts  against  it:  California, 
Code  Civ.  Proc,  sec.  153(3. 

No.  3065.    Petition  for  Order  of  Sale  of  All  the  Property  of  Insolvent 

Estate  at  One  Sale. 
[Title  of  Court  and  Estate.] 

[The  same  as  in  No.  3064,  except  the  footings  of  the  schedules  show 
that  the  debts  are  greater  than  the  assets;  then  continue  as  follows:] 

That  your  petitioner  states  that  it  is  necessary  to  sell  all  of  the  prop- 
erty of  the  estate  to  pay  the  family  allov.-ance,  expenses  of  administra- 
tion and  the  debts  of  the  estate.  That  your  petitioner  is  informed  and 
believes  that  when  the  family  allowance  and  expenses  of  administrator 
are  paid  that  the  creditors  cannot  be  paid  in  full,  and  therefore  the 
estate  is  insolvent. 

Wherefore  petitioner  prays  for  an  order  directing  all  the  property  of 

said  estate  of  every  character  to  be  sold  at  public  sale,  and  that  only 

one  sale  be  had. 

[Signature.] 

[Verification.] 

NOTE. — When  the  facts  are  as  above  stated  the  court  may  order  one 
sale,  except  perishable  property  must  be  sold  as  is  provided  in  Code  of 
Civil  Procedure,  section  1522.  When  the  estate  is  insolvent  the  petition 
for  an  order  of  sale  must  be  verified  and  contain  all  the  matters  necessary 
to  appear  in  a  general  petition  to  sell  real  estate:  California,  Code  Civ.  Proc, 
sec.  1519. 

No.  3066.    Petition  by  Administrator  to  Sell  Stock  in  Mining  Company. 
[Title  of  Court  and  Estate.] 

The  petition  of  A.  B.  states  that  he  is  the  administrator  of  the  above- 
entitled  estate,  which  is  now  in  due  course  of  administration.  That 
among  the  assets  of  said  estate  are  3,000  shares  of  the  B.  R.  G.  Mining 
Company,  a  California  corporation.  That  the  said  mine  is  a  quartz  de- 
posit on  Nelson  creek  in  the  county  of  Plumas,  California.  Tlie  number 
of  shares  in  said  company  is  100,000.  That  said  mine  is  a  prospecting 
venture,  and  all  the  expenses  are  paid  out  of  assessments  levied  as  pro- 
vided by  law.  That  an  assessment  (No.  187)  is  now  in  process  of  col- 
lection. That  said  assessment  is  ten  cents  upon  each  share  orf  said 
$100,000.  That  the  condition  of  said  mine,  as  petitioner  is  informed  and 
believes,  is  as  follows:  The  quartz  lead  or  deposit  is  about  6  feet  wide 


Form  3067  Cowdery's  Form  Book.  1056 

and  3,000  feet  long,  containing  in  places  gold-bearing  quartz  that  will 
mill  about  $1,500  a  ton,  on  the  surface  wherever  it  is  probable  that  those 
in  search  of  a  good  mine  for  an  investment  would  be  apt  to  prospect, 
but  such  values  have  not  been  discovered  elsewhere.  Work  has  been 
continued  during  six  years  and  the  working  shaft  is  doAvn  762  feet,  but 
enough  quartz  has  not  been  discovered  to  warrant  the  erection  of  a  mill 
to  reduce  the  ore.  Tliere  is  an  abundance  of  Avater  in  the  mine  contain- 
ing a  large  percentage  of  sulphur,  which  sulphur  may  be  easily  evap- 
orated and  become  a  source  of  more  or  less  profit  if  the  gold  in  the 
quartz  should  entirely  disappear,  and  also  there  is  an  unlimited  amount 
of  unusually  hard  slate  rock  between  deposits  of  granite,  but  the  gold- 
bearing  quartz  appears  to  be  diminishing  in  value,  recent  developments 
showing  a  large  amount  of  quartz  averaging  about  $1.30  a  ton,  which, 
in  the  opinion  of  experts,  is  a  favorable  indication  of  an  indefinite  num- 
ber of  regular  assessments  in  the  near  future.  Because  of  the  foregoing 
developments,  petitioner  prays  for  an  order  authorizing  him  to  sell  all 
said  sliares,  and  he  believes  it  is  for  the  best  interests  of  the  estate  that 
said  stock  be  sold,  because  the  estate  would  be  relieved  of  the  burden 
of  paying  assessments  on  said  stock,  and  a  better  price  may  be  obtained 
for  said  stock  at  the  present  time  than  in  the  near  future  when  the  con- 
dition and  value  of  said  mine  becomes  better  known. 
Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1529-1533:  also  Id.,  sees.  1536- 
1o7d. 

No.  3067.    Petition  for  Order  of  Sale  of  Real  Estate  Where  All  Persons 

Interested  Join  in  Petition. 
[Title  of  Court  and  Estate.] 

[The  same  as  in  No.  3064,  except  commence  as  follows:] 
The  undersigned,  the  executor  of  the  last  will  of  A  B,  deceased,  and 
all  persons  interested  in  the  estate  of  the  said  A  B,  deceased,  respect- 
fully shoAv:  [Then  continue  as  in  a  petition  by  an  executor  or  adminis- 
trator and  after  the  signature  of  the  executor  and  after  each  signature 
v/rite,  if  a  creditor  of  the  estate,  the  word  "creditor";  if  a  guardian, 
legatee,  devisee,  or  heir,  a  similar  description  of  the  class  to  which  the 
person  belongs,  and  verify  in  the  same  manner.] 

[Signature.] 

NOTE. — In  a  large  majority  of  estates  the  above  form  will  be  applicable. 
If  all  persons  interested  join  in  the  petition  or  signify  in  writing  their 
assent  to  a  sale,  "the  notice  may  be  dispensed  with  and  the  hearing  had" 
on  the  same  day:  California,  Code  Civ.  Proc,  see.  1539. 


1057  Probate  Sales.  Forms  3068, 3069 

No.  3068.    Petition  for  Order  of  Sale  of  Real  Estate  Where  All  Persons 

Interested  Assent  in  Writing. 
[Title  of  Court  and  Estate.] 

[The  same  as  in  No.  3064.  Omit  all  about  publication  of  notice  and 
conclude  as  follows:] 

That  all  iiersons  interested  in  said  estate  have  signified  their  assent 
to  said  sale,  and  their  assent  is  now  on  file  in  this  court,  and  a  copy 
thereof  is  herein  referred  to  and  made  a  part  of  this  petition,  and 
marked  Exhibit  "A." 

Wherefore  petitioner  prays  that  notice  of  said  sale  may  be  dispensed 
with,  and  tliat  a  sale  may  be  had  within  the  shortest  time  the  court  will 
fix.  That  such  sale  is  a  matter  of  urgency,  a  purchaser  having  been 
found  who  will  pay  for  said  real  estate  a  price  satisfactory  to  all  persons 
interested. 

Dated  . 

[Signature.] 
Exhibit  "A." 
[Title  of  Court  and  Cause.] 

We,  the  undersigned,  being  all  persons  interested  in  the  estate  of 
■ ,  deceased,  do  hereby  signify  our  assent  to  the  sale  of  the  real  prop- 
erty of  said  estate,  as  prayed  for  in  the  petition  of  ,  executor  of 

the  last  will  of  said  deceased,  which  petition  is  dated ,  and  filed  in 

the  above-entitled  matter. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1539. 

No.  3069.    Petition  by  Creditor  for  Order  of  Sale  of  Real  Estate. 
[Title  of  Court  and  Estate.] 

[The  same  as  in  No.  3064,  except  commence  as  follows:] 

The  petition  of  A  B  shows  to  the  court  that  he  is  a  creditor  of  said 
estate  and  C  D  is  the  administrator  thereof. 

That  it  is  for  the  best  interests  of  said  estate  and  those  interested 
therein  that  all  the  real  estate  belonging  to  said  estate  be  sold.  Tliat 
petitioner  has  requested  the  said  administrator  to  apply  for  such  order 
of  sale  but  he  has  refused,  and  does  now  refuse.  [Continue  and  state 
the  facts  shown  by  the  record,  respecting  the  condition  of  the  estate  as 
it  appears  from  the  inventory  and  statements,  if  any,  and  conclude  as 
follows:] 

Wherefore  petitioner  prays  for  an  order  directing  said  administrator 
to  make  a  sale  of  all  the  real  estate  belonging  to  said  estate;  and  that  a 
citation  issue  to  him  to  show  cause  why  said  sale  should  not  be  made. 

Dated  . 

[Signature.] 

NOTE. — Such   petition  must  contain  as  many  of  the   facts  necessary  to 
be  stated  in  petitions  for  orders  to  sell  real  estate   as   provided  in  section 
Form  Book — 67 


Form  3070  Cowdery's  Form  Book.  1058 

537,  Code  of  Civil  Procedure,  where  an  executor  or  administrator  makos 
the  application.  If  the  interested  person  petitioning  cannot  ascertain  all 
the  facts  because  of  the  silent  record  in  the  matter  of  the  estate,  he  must 
make  the  best  showing  practicable:  California,  Code  Civ.  Proc,  sec.  1545. 

No.  3070.    Petition  for  Order  of  Sale  of  Real  Estate  to  Pay  Debts  or 

Family  Allowance. 
[Title  of  Court  and  Estate.] 

To  the  Honorable  J.  F.,  judge  of  the  said  Superior  Court  of  the  City 
and  County  of  San  Francisco,  State  of  California : 

The  petition  of  M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  de- 
ceased, respectfully  shows: 

That  said  T.  J.  died  intestate,  on  or  about  the  seventeenth  day  of 
April,  1917,  in  the  city  and  county  of  San  Francisco,  being  at  the  time 
of  his  death  a  resident  of  the  city  and  county  of  San  Francisco,  and 
leaving  estate  in  said  city  and  county. 

That  on  the  sixteenth  day  of  May,  1917,  your  petitioner  duly  quali- 
fied as  such  administratrix,  and  that  letters  of  administration  of  said 
estate,  signed  by  the  clerk,  and  under  the  seal  of  said  court,  were  there- 
upon duly  issued  to  your  petitioner,  and  have  not  been  revoked. 

That  your  petitioner  duly  made  and  returned  to  said  court,  after  her 
appointment,  to  wit,  on  the  sixtli  day  of  June,  1917,  a  true  inventory 
and  appraisement  of  all  the  estate  of  the  said  deceased,  which  has  come 
to  her  possession  or  knowledge,  and  also  published  notices  to  the  cred- 
itors of  said  decedent  as  required  by  law. 

All  which  will  more  fully  appear  by  reference  to  the  papers  on  file 
in  the  clerk's  office,  and  to  the  records  of  said  court  in  the  matter  of 
said  estate,  which  is  hereby  made. 

1.  That  the  amount  of  personal  estate  that  has  come  to  the  hands  of 

your  petitioner  is  the  sum  of $4,168  50 

Appraised  value  of  the  personal  property  set  apart  for  the  use 

of  the  family  of  the  deceased 287  GO 

Whole  amount  of  personal  property $4,455  50 

That  a  portion  of  said  personal  property  has  been  disposed 

of  as  follows,  to  wit: 

The  said  personal  property  set  apart  for  the  use  of  said  family, 
and  the  sum  of  $458.50,  cash  paid,  expenses  ot  administra- 
tion, and  family  allowance,  leaving  in  the  hands  of  your 
petitioner  the  sum  of  only $3,710  00 

2.  That  the  debts  outstanding  against  the  said  deceased,  as 
far  as  can  be  ascertained  or  estimated,  amount  at  this  date  to 

the  sum  of 2,450  00 

And  are  fully  set  forth  in  the  schedule  marked  "A,"  hereunto 
annexed,  and  made  a  part  of  this  petition. 

3.  That  the  amount  due  upon  the  family  allowance  is  the 

sum  of 600  00 


1059  Probate  Sales.  Form  3070 

4.  That  the  debts,  expenses,  and  charges  of  the  administra- 
tion already  accmed,  amount  to  the  sum  of 458  50 

And  are  fully  set  forth  in  the  schedule  marked  "B,"  hereunto 
annexed,  and  made  a  part  of  this  petition. 

5.  That  the  debts,  expenses  and  charges  of  administration 
that  will  or  may  accrue  during  the  administration  are  esti- 
mated by  your  petitioner  at  the  sum  of 1,195  48 

And  are  fully  set  forth  in  the  schedule  marked  "C,"  heronito 
annexed,  and  made  a  part  of  this  petition. 

Whole  amount  of  the  debts  outstanding  against  the  deceased, 
of  the  amount  due  and  to  become  due  upon  the  family  allow- 
ance, of  the  debts,  expenses  and  charges  of  administration  al- 
ready accrued  and  remaining  unpaid,  state  and  count}'^  taxes, 
and  of  the  estimated  debts,  expenses  and  charges  of  adminis- 
tration that  will  or  may  accrue $4,475  48 

That  a  full  description  of  all  the  real  estate  of  which  the  said  dece- 
dent died  seised,  or  in  which  he  had  any  interest,  or  in  which  the  said 
estate  has  acquired  any  interest,  and  the  condition  and  value  of  the 
respective  portions  and  lots  of  said  real  estate,  are  set  forth  in  the 
schedule  marked  "D,"  hereunto  annexed,  and  made  a  part  of  this  peti- 
tion. 

That  the  whole  of  said  real  estate  was  acquired  by  said  deceased, 
after  his  marriage  to  your  petitioner,  and  is  therefore  community  prop- 
erty. 

That  the  following  are  the  names  and  ages  of  the  devisees  [if  any] 
and  heirs  of  the  said  deceased,  to  wit:  J.  J.,  aged  twenty-three  years, 
W.  J.,  aged  eighteen  years,  C.  J.,  aged  sixteen  years,  and  E.  J.,  aged 
fourteen  years,  the  children  of  said  deceased  and  your  petitioner. 

Your  petitioner  therefore  alleges  that  the  personal  estate  in  the  hands 
of  your  petitioner  is  insufficient  to  pay  the  allowance  of  the  family, 
the  debts  outstanding  against  the  deceased,  and  the  debts,  expenses, 
and  charges  of  the  administration,  and  that  it  is  necessary  to  sell  the 
whole  or  some  portion  of  the  real  estate  for  such  purposes,  and  that 
it  will  be  for  the  best  interests  of  this  estate  to  sell  said  property  at 
private  sale  [giving  reasons]. 

Wherefore  your  petitioner  prays  that  an  order  be  made  by  said  court 
[or  your  honor]  directing  all  persons  interested  in  said  estate  to  appear 
before  said  court  at  a  time  and  place  specified,  not  less  than  four  nor 
more  than  ten  weeks  from  the  time  of  making  such  order,  to  show  cause 
why  an  order  should  not  be  granted  to  your  petitioner  to  sell  so  much 
of  the  real  estate  of  the  deceased  as  shall  be  necessary,  at  private  sale. 

And  that  after  a  full  hearing  of  this  petition,  and  examination  of 
the  proofs  and  allegations  of  the  parties  interested,  and  due  proof  of  the 
publication  of  a  copy  of  said  order  to  show  cause,  etc.,  an  order  of  sale 
be  made  authorizing  your  petitioner  to  sell  so  much  and  such  parts  of 


Form  3070  Cowdery's  Form  Book.  1060 

the  real  estate  as  said  court  shall  judge  necessary  or  beneficial;  or  that 
such  other  or  further  order  may  be  made  as  is  meet  in  the  premises. 
And  your  petitioner  will  ever  pray  [etc.]. 

Schedule  "A." 

Claim  of  J.  S.,  for  the  sum  of  $1,500,  with  interest  on  the  sum  of 
•$1,000,  at  the  rate  of  two  per  cent  per  month,  from  the  twentieth  day 
of  April,  1917. 

Allowed  and  approved  by  the  administratrix  June  21,  1917,  and  by 
the  judge  of  this  court  June  22,  1917. 

Claim  of  G.  T.,  funeral  expenses,  for  the  sum  of  $200. 

Allowed  and  approved  by  the  administratrix  June  21,  1917,  and  by  the 
judge  of  this  court  June  23,  1917. 

Claim  of  Dr.  C.  G.  B.,  expenses  last  sickness,  for  the  sum  of  $250. 

Allowed  and  approved  by  the  administratrix  and  the  judge  of  this 
court  July  1,  1917. 

Claim  of  A.  P.,  balance  of  accoiint,  for  the  sum  of  $500. 

Allowed  and  approved  by  the  administratrix  and  the  judge  of  this 
court  July  5,  1917.     Total,  $2,450. 

Schedule  "B." 

Fees  of  clerk  of  this  court $  16  50 

Fees  of  appraisers  of  estate 30  50 

Fees  of  attorney  for  administratrix 100  00 

Publication  of  notice  to  creditors 5  00 

Publication  of  notice  of  application  for  order  of  sale  of  per- 
sonal property  5  00 

Notary  fees,  affidavits  to  return  of  sale  of  personal  property..  1  50 

Allowance  to  family  of  deceased 300  00 


$     458  50 
Schedule  "C." 
Fees  of  attorney  for  administratrix  upon  closing  said  estate, 

as  per  agreement $    400  00 

Commissions  upon  $14,137.00,  the  appraised  value  of  said  es- 
tate and  tlie  probate  amount  of  the  whole  estate  to  be  ac- 
counted for  by  the  said  administratrix,  upon  the  settlement 

of  her  final  account 695  48 

Other  expenses 100  00 


$1,195  48 

Schedule  "D." 

[Give  list  and  value  of  real  property,  describing  same  by  metes  and 

bounds,  and  stating  whether  it  is  improved  or  unimproved,  the  number 

and  character  of  the  buildings,  etc.,  the  amount  of  rents  received  from 

it,  and  any  other  fact  tending  to  show  the  condition  of  the  property.] 


-  1061  Probate  Sales.  Form  3071 

NOTE. — In  California,  the  petition  must  be  verified,  sotting  forth  the 
amount  of  personal  estate  that  has  come  to  the  petitioner's  hands,  and  how 
much  remains  undisposed  of;  the  debts  outstanding,  as  far  as  can  be  ascer- 
tained or  estimated;  the  amount  due  upon  the  family  allowance,  or  what 
will  be  due  after  the  same  has  been  in  force  for  one  year;  the  debts,  expenses, 
and  charges  of  administration  already  accrued,  and  an  estimate  of  what  will  or 
may  accrue  during  the  administration  a  general  descrii)tion  of  all  the  real 
property  of  the  estate  or  in  which  deceased  had  any  interest,  or  in  which 
the  estate  has  acquired  any  interest,  and  the  condition  and  value  thereof, 
and  whether  the  same  be  community  or  separate  property;  the  names  of 
the  legatees  and  devisees,  if  any,  and  of  the  heirs  of  the  deceased,  so  far  as 
known  to  the  petitioner.  If  any  of  the  matters  here  enumerated  eatuiot 
be  ascertained  it  must  be  so  stated  in  the  petition;  but  a  failure  to  set  forth 
the  facts  showing  the  sale  to  be  necessary  will  not  invalidate  the  subse- 
quent proceedings  if  the  defect  be  supplied  by  the  proofs  at  the  hearing, 
and  the  general  facts  showing  such  necessity  be  stated  in  the  decree:  Cali- 
fornia, Code  Civ.  Proc,  sec.  1537. 

No.  3071.    Petition  for  Order  to  Sell  Real  Estate  to  Pay  Inieritance 
Tax. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  J.  F.,  Judge  of  the  said  Superior  Court  of  the  City 
and  County  of  San  Francisco,  State  of  California: 

The  petition  of  M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  de- 
ceased, respectfully  shows : 

That  said  T.   J.   died  intestate,  on  or  about  the  day  of  , 

19 — ,  in  the  city  and  county  of  San  Francisco,  being  at  the  time  of  his 
death  a  resident  of  the  city  and  county  of  San  Francisco,  and  leaving 
estate  in  said  city  and  county. 

That  on  the day  of ,  19 — ,  your  petitioner  duly  qualified  as 

such  administratrix,  and  that  letters  of  administration  of  said  estate, 
signed  by  the  clerk,  and  under  the  seal  of  said  court,  were  thereupon 
duly  issued  to  your  petitioner,  and  have  not  been  revoked. 

That  your  petitioner  duly  made  and  returned  to  said  court,  after  her 

appointment,  to  wit,  on  the  day  of  ,  19 — ,  a  true  inventory 

and  appraisement  of  all  the  estate  of  the  said  deceased,  which  has  come 
to  her  possession  or  knowledge,  and  also  published  notices  to  the  cred- 
itors of  said  decedent  as  required  by  law. 

All  which  will  more  fully  appear  by  reference  to  the  papers  on  file  in 
the  clerk's  office,  and  to  the  records  of  said  court  in  the  matter  of  said 
estate,  which  is  hereby  made. 
1.  That  the  amount  of  personal  estate  that  has  come  to  the 

hands  of  your  petitioner  is  the  sum  of $4,168  50 

Appraised  value  of  the  personal  property  set  apart  for  the  use 

of  the  family  of  the  deceased 287  00 

Whole  amount  of  personal  property $4,455  50 

That  a  portion  of  said  personal  pro])erty  has  been  disposed 
of  as  follows,  to  wit : 


Form  3071  Cowdery's  Form  Book.  1002 

That  said  personal  property  set  apart  for  the  use  of  said  family 
and  the  sum  of  $458.50,  cash  paid,  expenses  of  administra- 
tion, and  family  allowance,  leaving  in  the  hands  of  your 
petitioner  the  sum  of  only 3,710  00 

2.  That  the  debts  outstanding  against  the  said  deceased,  as  far 

as  can  be  ascertained  or  estimated,  amount  at  this  date  to 

the  sum  of 2,450  00 

And  are  fully  set  forth  in  the  schedule  marked  "A,"  here- 
unto annexed,  and  made  a  part  of  this  petition. 

3.  That  the  amount  due  upon  the  family  allowance  is  the  sum 

of 600  00 

4.  That  the  debts,  expenses  and  charges  of  the  administration 

already  accrued,  amount  to  the  sum  of 458  50 

And  are  fully  set  forth  in  the  schedule  marked  "B,"  here- 
unto annexed,  and  made  a  part  of  this  petition. 

5.  That  the  debts,  expenses  and  charges  of  administration  that 

will  or  may  accrue  during  the  administration  are  estimated 

by  your  petitioner  at  the  sum  of 1,195  48 

And  are  fully  set  forth  in  the  schedule  marked  "C,"  here- 
unto annexed,  and  made  a  part  of  this  petition. 
Whole  amount  of  the  debts  outstanding  against  the  deceased, 
of  the  amount  due  and  to  become  due  upon  the  family 
allowance,  of  the  debts,  expenses  and  charges  of  adminis- 
tration already  accrued  and  remaining  unpaid,  state  and 
county  taxes,  and  of  the  estimated   debts,  expenses   and 

charges  of  administration  that  will  or  may  accrue 4,475  48 

That  a  full  description  of  all  the  real  estate  of  which  the  said  dece- 
dent died  seised,  or  in  which  he  had  any  interest,  or  in  which  the  said 
estate  has  acquired  any  interest,  and  the  condition  and  value  of  the 
respective  portions  and  lots  of  said  real  estate,  are  set  forth  in  the 
schedule  marked  "D,"  hereunto  annexed  and  made  a  part  of  this 
petition. 

That  the  whole  of  said  real  estate  was  acquired  by  said  deceased, 
after  his  marriage  to  your  petitioner,  and  is  therefore  community 
property. 

That  the  following  are  the  names  and  ages  of  the  devisees  [if  anyj 
and  heirs  of  the  said  deceased,  to  wit:  J.  J.,  aged  twenty-three  years; 
W.  J.,  aged  eighteen  years;  C.  J.,  aged  sixteen  years,  and  E.  J.,  aged 
fourteen  years,  the  children  of  said  deceased  and  your  petitioner. 

That  all  the  personal  property  and  tlie  real  estate  has  been  exhausted 
in  the  payment  of  the  debts,  expenses  and  family  allowance  and  state 
and  county  taxes. 

That  it  is  necessary  to  sell  all  the  real  estate  belonging  to  the  estate 
to  pay  the  inheritance  tax  imposed  by  the  laws  of  the  state  of  California. 
That  the  said  real  estate  consists  of  a  minino:  claim  and  improvements. 
That  its  appraised  value  is  thirty-five  thousand  dollars.  That  petitioner 's 
exemption  is  $25,000.     That  since  the  death  of  her  husband  petitioner 


1063  Probate  Sales.  Form  3U71 

niortgaued  her  interest  in  said  mine  for  $15,000  and  expended  it  in  im- 
provements and  in  developing  said  mine.  That  interest  at  ten  per  cent 
per  year  has  been  accumuLitinjj  on  said  inheritance  tax  during  said 
mortgage  and  there  is  now  due  the  state  of  California  $500  principal 
and  $200  interest,  and  on  said  mortgage  $15,000  principal  and  $3,000 
interest. 

Wherefore  your  petitioner  prays  that  an  order  be  made  by  said  court 
[or  your  honor],  directing  all  persons  interested  in  said  estate  to  appear 
before  said  court  at  a  time  and  place  s])eeified,  not  less  than  four  nor 
more  than  ten  weeks  from  the  time  of  making  such  order,  to  show  cause 
wliy  an  order  should  not  be  granted  to  your  petitioner  to  sell  so  much 
of  "the  real  estate  of  the  deceased  as  shall  be  necessary,  at  private  sale. 

And  that  after  a  full  hearing  of  this  petition,  and  examination  of  the 
proofs  and  allegations  of  the  parties  interested,  and  due  proof  of  the 
publication  of  a  copy  of  said  order  to  show  cause,  etc.,  an  order  of  sale 
be  made  authorizing  your  petitioner  to  sell  so  much  and  such  parts  of 
the  said  real  estate  as  said  court  shall  judge  necessary  or  beneficial ;  or 
that  such  otlier  or  further  order  may  be  made  as  is  meet  in  the  premises. 

And  your  petitioner  will  ever  pray,  etc. 

Schedule  "A." 

Claim  of  J.  S.,  for  the  sum  of  $1,500,  with  interest  on  the  sum  of 
$],000,  at  the  rate  of  two  per  cent  per  month,  from  the  twentietli  day 
of  April,  19—. 

Allowed  and  approved  by  the  administratrix  June  21,  19 — ,  and  by 
the  judge  of  this  court  June  22,  19 — . 

Claim  of  G.  T.,  funeral  expenses,  for  the  sum  of  $200. 

Allowed  and  approved  by  the  administratrix  June  21,  19 — ,  and  by 
the  judge  of  this  court  June  — ,  19 — . 

Claim  of  Dr.  C.  G.  B.,  expenses  last  sickness,  for  the  sum  of  $250. 

Allowed  and  approved  by  the  administratrix  and  the  judge  of  this 
court  July  1,  19 — . 

Claim  of  A.  P.,  balance  of  account,  for  the  sum  of  $500. 

Allowed  and  approved  by  the  administratrix  and  the  judge  of  this 
court  July  5,  19—.     Total,  $2,450. 

Schedule  "B." 

Fees  of  clerk  of  this  court $  16  50 

Fees  of  appraisers  of  estate 30  50 

Fees  of  attorney  for  administratrix 100  00 

Publication  of  notice  to  creditors 5  00 

Publication  of  notice  of  application  for  order  of  sale  of  personal 

property    ^  "" 

Notary  fees,  affidavits  to  return  of  sale  of  personal  property 1  50 

Allowance  to  family  of  deceased 300  00 

$458  50 


Forms  3072, 3073         Cowdery's  Form  Book.  1064 

Schedule  "C." 

Fees  of  attorney  for  administratrix  upon  closing  said  estate, 

as  per  agreement $    400  00 

Commissions  upon  $14,137  GO,  the  appraised  value  of  said  es- 
tate and  the  probate  amount  of  the  whole  estate  to  be 
accounted  for  by  the  said  administratrix 695  48 

Other  expenses 100  00 


$1,195  48 

Schedule  "D." 

[Give  list  and  value  of  real  property,  describing  same  by  metes  and 

bounds,  and  stating  whether  it  is  improved  or  unimproved,  the  number 

and  character  of  the  buildings,  etc.,  the  amount  of  rents  received  from 

it,  and  any  other  fact  tending  to  show  the  condition  of  the  property.] 

[That  it  will  be  for  the  best  interests  of  this  estate  to  sell  said  prop- 
erty at  private  sale,  giving  reasons.] 

No.  3072.    Objection  to  Sale  of  Eeal  Estate. 
[Title  of  Court  and  Estate.] 

Now  comes  A.  B.,  an  heir  at  law  of  the  said  C.  D.,  deceased,  and  ob- 
jecting to  the  court's  granting  the  administrator  of  the  estate  of  said 
deceased  authority  to  sell  the  real  estate  described  in  his  petition,  states 
that  the  rents  and  interest,  money  due  the  estate  and  money  on  hand, 
are  more  than  sufficient  to  pay  all  debts  of  the  estate  and  the  expenses 
of  administration.  That  it  is  not  true,  as  stated  in  the  application  for 
an  order  to  sell  said  real  estate,  that  it  is  for  the  best  interests  of  said 
estate  that  said  property  should  be  sold. 

Wherefore  this  objector  prays  that  said  application  be  denied. 

Dated . 

[Signature.] 
NOTE. — California,  Code  Civ.  Proc,  sec.  1518. 

No.  3073.    Opposition  to  Sale  of  Personal  Property. 
[Title  of  Court  and  Estate.] 

,  the  administrator  of  the  estate  of ,  deceased,  having  on  the 

day  of  ,  19 — ,  filed  herein  his  petition  praying  for  an  order 

authorizing  him  to  sell  the  personal  property  belonging  to  said  estate,— 

Now  comes  ,  and  alleges  that  she  is  the  Avidow  of  said  ,  de- 
ceased, and  that  said  deceased  also  left  surviving  him  one  minor  child 
of  the  age  of  five  years,  named ; 

That  the  following  property  mentioned  in  the  inventory'  made  and 
filed  in  said  estate  is  exempt  from  execution,  and  under  section  1465  of 
the  Code  of  Civil  Procedure  of  California  should  be  set  apart  by  this 
court  for  the  use  of  the  surviving  wife  of  said  deceased,  and  for  which 
the  undersigned,  the  widow  of  said  deceased,  has  filed  her  petition 
herein,  praying  that  the  same  may  be  so  set  apart,  to  wit:  . 


1065  Probate  Sales.  Forms  3074, 3075 

The  undersigTied  objects  to  an  order  being  made  that  said  personal 
property  above  mentioned,  or  any  part  thereof,  be  sold,  and  objects  to 
the  same  being  sold  for  any  purpose,  on  the  ground  and  for  the  reason 
that  the  same  ought  to  be  set  apart  for  the  use  of  the  widow  of  de- 
ceased, and  she  asks  that  the  same  be  so  set  apart. 

Dated  . 

[Signature.] 

No.  3074.    Order  for  Sale  of  Personal  Property. 

[Title  of  Court  and  Estate.] 

The  application  of  M.  J.,  administratrix  of  the  estate  of  T.  J.,  de- 
ceased, for  an  order  to  sell  certain  personal  property,  described  in  her 
petition  filed  herein  on  the  sixth  day  of  August,  1917,  and  hereinafter 
particularly  described,  coming  on  regularly  to  be  heard,  this  thirteenth 
day  of  August,  1917,  it  is  hereby  ordered,  adjudged  and  decreed  that 
the  said  administratrix  sell  the  following  personal  property,  to  wit: 
1  gold  watch  and  chain,  25  shares  of  the  Z.  G.  and  S.  M.  Company, 
100  shares  of  the  C.  C.  M.  Company,  50  shares  of  the  N,  and  J.  M. 
Company,  and  5  shares  of  the  S.  V.  M.  Company,  at  public  auction  and 
after  public  notice  given  for  at  least  ten  days  by  publication  in  the 
D.  C,  a  newspaper  published  in  said  city  and  county  [or  by  notices 
posted  in  three  public  places  in  said  city  and  county],  in  which  notice 
shall  be  specified  the  time  and  place  of  sale. 

[And  it  is  further  ordered,  that  the  sale  of  said  property  be  made  in 
front  of  the  old  City  Hall  in  said  city  and  county,  or  at  the  late  resi- 
dence of  deceased,  or  at  some  other  public  place  to  be  named  in  said 
notice.]  And  it  is  further  ordered  that  the  following  described  articles 
be  sold  first  [enumerating  them]. 

Dated . 

[Signature.] 

NOTE.— In  California,  if  a  sale  is  necessary  to  pay  debts,  or  the  family 
allowance,  or  for  the  best  interest  of  the  estate  and  the  persons  interested 
in  the  property  to  be  sold,  the  court  orders  it  sold,  [In  making  such  orders, 
articles  not  necessary  for  the  support  of  the  family,  or  not  specially  bequeathed, 
must  be  first  sold,  and  the  court  or  judge  must  so  direct.]  CaUfornia,  Code 
Civ.  Proc,  sec.  1525. 

No.  3075.    Order  to  Sell  Perishable  Personal  Property. 
[Title  of  Court  and  Estate.] 

The  application  of  J.  C.  R.,  executor  of  the  estate  of  S.  D.,  deceased, 
for  an  order  to  sell  certain  personal  property,  coming  on  regularly  to 
be  heard  this  twentieth  day  of  May,  1917,  it  is  hereby  ordered  that  the 
said  executor  sell  at  private  sale  713  sacks  of  wheat,  described  in  his 
petition  this  day  filed,  without  giving  notice  of  sale. 

Dated . 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc.  sec.  1522 


J''orms  307G,  3077         Cowdery's  Form  Book.  1066 

No.  3076.    Order  to  Show  Cause  on  Sale  of  Personal  Property. 
[Title  of  Court  and  Estate.] 

On  reading  and  filing  the  petition  of  M.  J.,  the  administratrix  of  the 
estate  of  T.  J.,  deceased,  praying  for  an  order  to  sell  the  whole,  or  so 
much  of  the  personal  property  belonging  to  said  estate  as  shall  be 
necessaiy  for  the  payment  of  certain  claims  allowed  against  said  estate, 
the  expenses  of  the  administration,  and  the  allowance  to  the  family  of 
said  deceased,  it  is  ordered  that  all  persons  interested  in  said  estate 
appear  before  the  undersigned,  the  judge  of  the  superior  court  of  tlie 
city  and  county  of  San  Francisco,  state  of  California,  at  the  courtroom 
of  said  court,  at  the  Old  City  Hall  in  said  city  and  countj',  on  the  thir- 
teenth day  of  August,  1917,  at  eleven  o'clock  A.  M.,  then  and  there  to 
show  cause  why  such  order  should  not  be  made. 

And  it  is  further  ordered  that  a  copy  of  this  order  be  published  in 
the  D.  E.  B.,  a  newspaper  published  [or  be  postod  in  three  public  places] 
in  said  city  and  county,  at  least  five  days  previous  to  said  third  dav  of 
August,  1917. 

Dated , 

,  Judge. 

NOTE. — In  California,  if  claims  against  the  estate  have  been  allowed,  and 
the  sale  of  property  is  necessary  for  their  payment,  or  for  the  expenses  of 
administration  [or  for  the  payment  of  legacies],  the  executor  or  administrator 
may  apply  for  an  order  to  sell  so  much  of  the  personal  property  as  may  be 
necessary  therefor.  Upon  filing  his  petition,  notice  of  at  least  five  days  must 
be  given  of  the  hearing  of  the  application,  either  by  posting  notices  or  by 
advertising.  He  may  also  make  a  similar  application,  from  time  to  time,  so 
long  as  any  personal  property  remains  in  his  hands,  and  sale  thereof  is  neces- 
sary. If  it  appear  for  the  best  interests  of  the  estate,  he  may,  at  any  time 
after  filing  the  inventory  in  like  manner,  and  after  giving  like  notice,  apply 
for  and  obtain  an  order  to  sell  the  whole  of  the  personal  property  belonging 
to  the  estate,  whether  necessary  to  pay  debts  or  not:  California,  Code  Civ. 
Proc,  sec.   1523. 

No.  3077.     Order  to  Show  Cause  on  Sale  of  Mining  Stock. 
[Title  of  Court  and  Estate.] 

Upon  reading  and  filing  the  petition  of  ,  executor  of  the  will  of 

• ,  deceased,  praying  for  an  order  to  sell shares  of  stock  in  tbe 

■ Mining  Company,  belonging  to  the  estate  of  said  deceased ; 

It  is  ordered  that  all  persons  interested  appear  before  this  court  at 
2  o'clock  P.  M., ,  19 — ,  in  the  courtroom  of  said  court,  at  the  court- 
house in  the  city  of  ,  county  of  ,  state  of  California,  to  show 

cause  why  an  order  should  not  be  granted  to  said  executor  to  sell  said 
stock;  and  it  is  further  ordered  that  a  copy  of  this  order  be  published 

four  successive  weeks  in  the  " ,"  a  weekly  newspaper  published  in 

said  county,  such  publication  to  commence ,  19 — . 

Dated ,  19—. 

• ,  Judge  of  Superior  Court. 


1067  Probate  Sales.  Forms  3078-3080 

No.  3078.    Order  to  Show  Cause  on  Sale  of  Real  Estate. 
[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having  filed 
her  petition  herein  praying  for  an  order  of  sale  of  certain  part  of  the 
real  estate  of  said  decedent,  for  the  purposes  therein  set  forth,  it  is 
therefore  ordered  by  the  judge  of  [or  by  the]  said  court,  that  all  persons 
interested  in  the  estate  of  said  deceased  appear  before  the  said  superior 
court  on  Monday,  the  seventh  day  of  December,  1917,  at  eleven  o'clock 
in  the  forenoon  of  said  day,  at  the  courtroom  of  said  superior  court,  at 
the  City  Hall,  in  said  city  and  county  of  San  Francisco,  to  show  cause 
why  an  order  should  not  be  granted  to  the  said  administratrix  to  sell  so 
much  of  the  real  estate  of  the  said  deceased,  at  private  sale,  as  shall  be 
necessary ;  and  that  a  copy  of  this  order  be  published  at  least  four  suc- 
cessive weeks  in  the  D.  M.  C,  a  newspaper  printed  and  published  in  said 
city  and  county. 

Dated . 

,  Judge. 

NOTE. — In  California,  if  it  appears  to  the  court  that  it  is  necessary  to 
sell  the  whole  or  some  portion  of  the  real  estate,  an  order  must  be  made  direct- 
ing all  persons  interested  in  the  estate  to  appear  before  the  court,  at  a  timo 
and  place  specified,  not  less  than  four  nor  more  than  ten  weeks  from  the 
time  of  making  of  such  order,  to  show  cause  why  an  order  should  not  be 
granted  to  the  executor  or  administrator  to  sell  so  much  of  the  real  estate 
of  the  decedent  as  is  necessary:   California,  Code  Civ,  Proc,  sec.  1538. 

No.  3079.    Admission  of  Service  of  Order  to  Show  Cause  on  Sale  of 

Real  Estate. 
[Title  of  Court  and  Estate.] 

We,  the  undersigned,  interested  in  the  estate  of  the  said  A.  B.,  de- 
ceased, each  admit  service  in  the  county  of  Alameda,  California,  on  May 
20.  1917,  of  the  order  to  show  cause  before  said  court,  on  June  10,  1917, 
why  the  real  estate  referred  to  in  said  order  should  not  be  sold. 

[Signature.] 

NOTE. — Such  service,  at  least  ten  days  prior  to  the  time  appointed  for 
the  hearing,  upon  all  persons  interested  in  the  estate,  residents  of  the  county, 
the  general'  guardian  of  a  minor  so  interested,  and  any  legatee,  or  devisee 
or  heir  of  the  decedent,  provided  they  are  residents  of  the  county,  is  equivalent 
to    publication:   California,   Code   Civ.   Proc,   sec.    1539. 

No.  3080.    Order  of  Sale  of  Real  Estate. 
[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having,  on 
the  fifth  day  of  November,  1917,  presented  to  [or  the  judge  of]  the  su- 
perior court,  and  filed  herein  her  petition  in  due  form,  verified  by  her 
oath,  praying  for  an  order  authorizing  her  to  sell  so  much  and  such 
parts  of  the  real  estate  belonging  to  the  estate  of  said  deceased,  for 
purposes  therein  stated;  said  matter  coming  on  regularly  to  be  heard 


Form  3081  Cowdery's  Form  Book.  1068 

the  seventh  day  of  December,  1917,  and,  upon  due  proof  to  the  satis- 
faction of  the  court,  of  the  due  publication  of  a  copy  of  the  said  order 
to  show  cause,  as  required  by  law  and  the  order  of  this  court;  and  all 
and  singular  the  law  and  the  evidence  being  by  the  court  understood 
and  duly  considered: 

Whereupon,  it  is  ordered,  adjudged  and  decreed  that  said  M.  J., 
administratrix  of  the  estate  of  T.  J.,  deceased,  be  and  she  is  herelw 
authorized  to  sell,  either  in  one  parcel  or  in  subdivisions,  as  the  said 
administratrix  shall  judge  most  beneficial  to  said  estate,  the  real  estate 
belonging  to  said  estate  hereinafter  described,  at  public  auction  [at 
private  sale],  to  the  highest  bidder,  upon  the  following  terms,  to  v/it,  for 
cash,  gold  coin  of  the  United  States  [or  on  credit  not  exceeding  one  year, 
or  on  credit  to  be  paid  in  installments]. 

And  it  is  further  ordered  that,  before  making  such  sale,  the  said 
administratrix  execute  an  additional  bond  to  the  state  of  California, 
with  two  or  more  sufficient  sureties,  in  the  penal  sum  of  five  thousand 
dollars,  conditioned  that  the  said  administratrix  shall  faithfully  execute 
the  duties  of  the  trust  according  to  law. 

The  following  is  the  real  estate  hereby  authorized  to  be  sold,  being 
situate  in  the  said  city  and  county  of  San  Francisco,  state  of  California, 
and  bounded  and  described  as  follows,  to  wit:  [Description.] 

Dated . 

,  Judge. 

NOTE. — Tn  California,  the  order  describes  the  lands  and  the  terms,  for 
cash  or  on  credit,  not  exceeding  one  year,  payable  in  gross  or  in  installments, 
and  in  such  kind  of  money,  with  interest,  as  the  court  may  direct.  It  may 
be  sold  m  one  parcel,  or  in  subdivisions,  as  the  executor  or  administrator  shall 
judge  most  beneficial  to  the  estate,  unless  the  court  otherwise  specially  directs. 
If  any  part  of  such  real  estate  has  been  devised,  and  not  charged  in  such 
devise  with  the  payment  of  debts  or  legacies,  the  court  must  order  the  re- 
mainder to  be  sold  before  that  so  devised.  Every  such  sale  must  be  ordered 
to  be  made  at  public  auction,  unless,  in  the  opinion  of  the  court,  it  would 
benefit  the  estate  to  sell  the  whole  or  some  part  of  it  at  private  sale;  the 
court  may,  if  the  same  is  asked  for  in  the  petition,  order  or  direct  such  real 
estate,  or  any  part,  to  be  sold  at  cither  public  or  private  sale,  as  the  executor 
or  administrator  shall  judge  to  be  most  beneficial  for  the  estate.  [If  the 
executor  or  administrator  neglects  or  refuses  to  make  a  sale  under  the  order, 
and  as  directed  therein,  he  may  be  compelled  to  sell  by  order  of  the  court 
made  on  motion  after  due  notice  by  any  party  interested.]  California,  Code 
Civ.  Proc,  sec.  1544. 

No.  3081.    Order  of  Sale  of  Real  Estate  Without  Published  Notice. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  the  petition  of  the  administrator  of  this  estate  filed 
on  June  3,  1917,  praying  for  an  order  of  sale  of  the  real  estate  de- 
scribed in  said  petition,  be,  and  the  same  is  hereby,  granted,  and  it  ap- 
pearing from  the  inventory  that  the  value  of  the  whole  estate  does  not 
exceed  two  hundred  and  fifty  dollars,  it  is  ordered  that  said  property 
be  sold  at  private  sale  without  publication  of  notice  thereof.     Before 


1069  Probate  Sales.  Forms  3082, 3083 

iiiakiug  such  sale  the  said  administrator  shall  file  a  bond  acr-ording'  to 
law  in  the  sum  of  $— — .  The  real  estate  authorized  to  be  sold  is  de- 
scribed as  follows:   [Description.] 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1538-1544. 

No.  3082.    Order  of  Sale  of  Personal  Property  upon  Petition  for  Sale  of 

Realty. 
[Title  of  Court  and  Estate.] 

The  application  of  the  administrator  of  the  above-entitled  estate  for 
an  order  to  sell  the  real  estate  described  in  said  application  coming  on 
this  day  to  be  heard,  it  is  ordered  that  said  application  to  sell  said  real 
estate  be,  and  it  is,  suspended  without  prejudice  to  further  proceedings 
under  it;  and  it  appearing  to  the  court  that  there  is  in  the  possession 
of  said  administrator  certain  personal  property  belonging  to  said  estate, 
it  is  ordered  that  he  proceed  to  sell  at  private  sale  the  personal  prop- 
erty described  as  follows:  [Description.]  And  return  an  account  of 
said  sale,  without  delay,  to  this  court.  Said  sale  may  be  made  without 
notice,  but  delivery  is  not  to  be  made  until  the  further  order  of  this 
court. 

Dated  . 

f  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1639. 

No.  3083.    Order  of  Sale  of  All  Property  Belonging  to  Estate  at  One 

Sale. 
[Title  of  Court  and  Estate.] 

The  petition  of coming  on  regularly  to  be  heard,  and  it  appear- 
ing that  due  notice  has  been  given  of  the  hearing,  and  it  further  appear- 
ing that  the  estate  is  insolvent,  it  is  ordered  that  all  the  real  estate  and 
all  the  personal  propertj'  belonging  to  said  estate,  be  sold  at  public  auc- 
tion to  the  highest  bidder  upon  the  following  terms,  to  Avit,  for  cash,  in 
gold  coin  of  the  United  States,  and  that  but  one  sale  be  had  of  all  said 
real  estate  and  personal  property,  but  all  perishable  property  must  be 
sold  as  is  provided  by  section  1522  of  the  Code  of  Civil  Procedure. 

The  following  is  a  description  of  the  real  estate  to  be  sold:  [De- 
scription.] 

The  personal  property  is  described  as  follows :   [Description.] 

The  perishable  property  is  described  as  follows:   [Description.] 

Dated . 

,  Judge. 

NOTE.— California,   Code  Civ.  Proc,  sec.  1519. 


Forms  3084-3086         Cowdery's  Form  Book.  1070 

No.  3084.    Order  of  Sale  of  Real  Estate  by  Administrator  upon  Petition 

of  Person  Interested. 
[Title  of  Court  and  Estate.] 

The  petition  of  A  B,  a  creditor  of  and  interested  in  this  estate,  having 
petitioned  for  an  order  directing  C  D,  the  administrator  thereof,  to  pro- 
ceed and  sell  all  the  real  estate  belonging  to  it,  and  said  matter  coming 
on  to  be  heard,  it  is  ordered  that  he,  the  said  C  D,  etc.  [conclude  as  in 
order  made  upon  petition  of  administrator]. 

NOTE. — ^California,  Code  Civ.  Proc,  sec.  1545;  Alaska,  Comp.  Laws,  1913, 
sees.  1662-1690;  Arizona,  Rev.  Stats.,  1913,  par.  928;  Idaho,  Rev.  Codes,  1907, 
sec.  5513;  Montana,  Rev.  Codes,  sec.  7570;  Nevada,  Comp.  Laws,  sec.  2923. 


No.  3085.    Order  to  Show  Cause  on  Sale  of  Mining  Interest. 
[Title  of  Court  and  Estate.] 

It  is  ordered  that  all  persons  interested  appear  before  the  siiperior 
court  of  the  county  of  Napa,  state  of  California,  on  the  third  day  of 
June,  1917,  at  10  o'clock  A.  M.,  and  there  show  cause,  if  any  they  have, 
why  an  order  should  not  be  made  authorizing  A  B,  as  administrator  of 
the  estate  of  A  B,  deceased,  to  sell  the  mine,  mining  interests,  shares 
and  stocks  belonging  to  said  estate  as  described  in  the  petition  of  said 
administrator  filed  herein. 

Dated  . 

,  Judge. 

NOTE.— California,  Code  Civ.  Proc,  sees.  1531,  1704. 


No.  3086.    Order  of  Sale  of  Mining  Stock. 
[Title  of  Court  and  Estate.] 

The  petition  of ,  executor  of  the  will  of ,  deceased,  praying 

for  an  order  to  sell  certain  mining  stock  hereinafter  described,  coming 
on  this  day  regularly  for  hearing,  and  it  appearing  to  the  court  from  the 
evidence  produced  that  the  interests  of  the  estate  of  said  deceased 
require  said  stock  to  be  sold ; 

It  is  therefore  ordered,  adjudged  and  decreed  that  the  said  executor 
be  and  he  hereby  is  authorized  to  sell  the  following  described  mining 
stock  belonging  to  said  estate,  to  wit :     [Here  describe  stock.] 

It  is  further  ordered  that  such  sale  be  at  public  auction,  the  terms  to 
be  cash,  gold  coin  of  the  United  States,  ten  per  cent  of  the  bid  payable 
at  tlie  time  of  the  sale,  and  the  balance  upon  confirmation  by  this  court ; 

and  that  the  sale  be  at  the  late  residence  of  said  deceased  at Street, 

,  California,  on  ,  19 — ,  at  2  o'clock  in  the  afternoon,  after  no- 
tice given  by  posting  in  three  of  the  most  public  places  in  said  county 


1071  Probate  Sales.  Forms  3087,  3088 

and  publication  for  not  less  than  tliree  weeks  successively  in  the  " ," 

a  weekly  newspaper  published  in  said  county. 

Done  in  open  court  this day  of ,  19 — . 

,  Judge  of  Superior  Court. 

No.  3087.    Bond  of  Administrator  on  Sale  of  Real  Estate. 

[Title  of  Court  and  Estate.] 

Know  all  men  by  these  presents:  That  we,  M.  J.,  as  principal,  and 
J.  D.  and  R.  D.,  as  sureties,  are  held  and  firmly  bound  to  the  state  ol 
California,  in  the  sum  of  five  thousand  dollars  lawful  money  of  the 
United  States  of  America,  to  be  paid  to  the  said  state  of  California,  for 
which  payment,  well  and  truly  to  be  made,  we  bind  ourselves,  our  and 
each  of  our  heirs,  executors,  and  administrators,  jointly  and  severall}', 
firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this  thirtieth  day  of  December,  1917. 

The  condition  of  the  above  obligation  is  such,  that  whereas  an  order 
was  made  on  the  seventh  day  of  December,  1917,  by  the  superior  court 
of  the  city  and  county  of  San  Francisco,  state  of  California,  authoriz- 
ing the  above-named  principal,  as  administratrix  of  the  estate  of  T.  J., 
deceased,  to  sell  certain  real  estate  belonging  to  the  estate  of  said  de- 
ceased, and  requiring  that  an  additional  bond  be  executed  by  said 
administratrix  in  the  sum  above  named. 

Now,  therefore,  if  the  said  M.  J.,  as  such  administratrix,  shall  faitli- 
fulh'  execute  the  duties  of  the  trust  according  to  law,  then  this  obliga- 
tion to  be  void,  otherwise  to  remain  in  full  force  and  effect. 

[Signatures.] 

[Justification.] 

NOTE. — In  California,  if  the  bond  given  upon  qualifying  is  not  equal  to 
twice  the  vahie  of  the  personal  property  remaining  in,  or  that  will  come  into, 
the  possession  of  the  executor,  including  the  annual  rents,  profits,  and  issues 
of  real  estate,  and  twice  the  probable  amount  to  be  realized  on  the  sale 
of  the  real  estate  ordered  to  be  sold,  then  the  court  may  require  a  new  bond 
whenever  the  sale  of  real  estate  is  ordered:  California,  Code  Civ.  Proc,  sees. 
1389,  1390. 

No.  3083.    Bond  to  Administrator  and  Interested  Persons  upon  Sale  of 

Contract  for  Purchase  of  Lands. 
[Title  of  Court  and  Cause.] 

We,  the  undersigned,  are  hereby  bound  to  A.  B.,  administrator  of  tlic 
estate  of  C.  D.,  deceased,  and  to  E.  F.,  the  only  child  of  said  deceased 
and  his  only  heir  at  law,  and  the  only  person  interested  in  said  estate, 
in  the  sum  of  $10,000,  which  we  obligate  ourselves,  and  each  of  us,  to 
pay  upon  the  following  terms  and  conditions : 

At  the  time  of  his  death,  the  said  deceased  was  possessed  of  a  con- 
tract to  purchase  of  G.  H.  all  that  land  described  as  follows:  [descrip- 
tion] ;  and  whereas  the  said  contract  has  by  order  of  said  court  been 
sold  to  L.  J.,  and  the  sale  to  him  will  be  confirmed  upon  his  executing 


Form  3089  Cowdery's  Form  Book.  1072 

a  bond  to  said  administrator  for  his  benefit  and  indemnity  of  himself 
and  of  the  persons  entitled  to  the  interest  of  the  decedent  in  the  lands 
so  contracted  for  in  the  sum  of  $20,000,  being  double  the  whole  amount 
of  payments  thereafter  to  become  due  on  such  contract. 

Now,  if  the  said  L.  J.  will  well  and  truly  pay  to  said  G.  H.  the  balance 
of  the  total  amount  due  the  said  G.  H.  upon  said  contract  that  becomes 
due  after  the  date  of  sale,  to  wit,  June  3,  1917,  and  will  fully  indemnify 
the  administrator  and  the  persons  so  entitled  against  all  demands,  costs, 
charges  and  expenses  by  reason  of  any  covenant  or  agreement  contained 
in  said  contract,  then  this  obligation  to  be  void,  otherwise  it  is  to 
remain  in  full  force. 

A  copy  of  said  contract  is  attached  to  this  bond. 


[Justification.] 
NOTE.— California,  Code  Civ.  Proc,  seca.  1565-1568. 


[Signatures.] 


No.  3089.    Notice  of  Sale  of  Petrsonal  Property. 

[Title  of  Court  and  Estate.] 

Notice  is  hereby  given  that  in  pursuance  of  an  order  of  the  superior 
court  of  the  city  and  county  of  San  Francisco,  state  of  California,  made 
on  the  thirteenth  day  of  August,  1917,  in  the  matter  of  the  estate  of 
T.  J.,  deceased,  the  undersigned,  administratrix  of  the  estate  of  said 
deceased,  will  sell  at  public  auction  [or  will  sell  at  private  sale,  at 
[stating  place]  if  preferable,  or  without  stating  place,  but  stating  place 
where  the  executor  or  administrator  may  be  found]  to  the  highest  bid- 
der, for  cash,  gold  coin  of  the  United  States,  on  Tuesday,  the  twenty- 
fifth  day  of  August,  1917,  at  12  o'clock  M.,  at  the  auction  salesrooms  of 
S.  P.  M.,  314  Montgomery  Street,  in  said  city  and  county,  the  following 
personal  property,  to  wit:  1  gold  watch  and  chain,  25  shares  of  the 
Z.  G.  and  S.  M.  Company,  100  shares  of  the  C.  C.  M.  Company,  50  shares 
of  the  N.  and  J.  M.  Company,  and  5  shares  of  the  S.  V.  M.  Company. 

Dated . 

,  Administratrix  of  the  Estate  of  T.  J.,  Deceased. 

NOTE. — In  California,  sales  of  personal  property  must  be  made  at  public 
auction,  for  [such  money  or  currency  as  the  court  may  direct]  and  after 
public  notice  for  at  least  ten  days,  by  notice  posted  in  three  public  places 
in  the  county,  or  by  publication  in  a  newspaper,  or  both,  containing  the 
time  and  place  of  sale,  and  a  [brief  description  of  the  property  to  be  sold], 
unless,  for  good  reason  shown,  the  court,  or  a  judge  thereof,  orders  a 
private  sale  or  a  shorter  notice.  Public  sales  of  such  property  must  be 
made  at  the  courthouse  door,  or  at  the  residence  of  the  decedent,  or  at 
some  other  public  place,  but  no  sale  shall  be  made  of  any  personal  prop- 
erty which  is  not  present  at  the  time  of  sale,  unless  the  court  otherwise 
order:  California,  Code  Civ,  Proc,  see.  1526. 


1073  Probate  Sales.  Forms  3090, 3091 

No.  3090.    Notice  of  Sale  of  Real  Estate  at  Auction. 
[Title  of  Court  and  Estate.] 

Notice  is  hereby  given  that  in  pursuance  of  an  order  of  the  superior 
court  of  the  city  and  county  of  San  Francisco,  state  of  California,  made 
on  the  seventh  day  of  December,  1917,  in  the  matter  of  the  estate  of 
T.  J.,  deceased,  the  undersigned,  the  administratrix  of  tlie  said  estate, 
will  sell  at  public  auction  [or  will  sell  at  private  sale,  etc.],  to  the 
highest  bidder,  for  cash,  gold  coin  of  the  United  States,  and  subject  to 
confirmation  by  said  superior  court,  on  Monday,  the  fourth  day  of 
January,  1917,  at  twelve  o'clock  M.,  at  the  auction  salesrooms  of 
S.  P.  M.  &  Son,  314  Montuomery  Street,  in  the  city  and  county  of  San 
Francisco,  all  tlie  right,  title,  interest,  and  estate  of  the  said  T.  J.,  at 
the  time  of  his  death,  and  all  the  right,  title,  and  interest  that  the  estate 
has  by  operation  of  law  or  otherwise,  acquired  other  than  or  in  addi- 
tion to  that  of  the  said  T.  J.,  at  the  time  of  his  death,  in  and  to  all 
that  certain  lot,  piece,  or  parcel  of  land  situate,  lying,  and  being  in  tlie 
said  city  and  county  of  San  Francisco,  state  of  California,  and  bounded 
and  described  as  follows,  to  wit :   [Description.] 

Terms  and  conditions  of  sale:  Cash,  gold  coin  of  the  United  States, 
ten  per  cent  of  the  purchase  money  to  be  paid  to  the  auctioneer  on  the 
day  of  sale,  balance  on  confirmation  of  sale  by  said  superior  court. 
Deed  at  expense  of  purchaser. 

Dated .  [Signature.] 

NOTE. — In  California,  when  a  sale  of  land  is  ordered,  and  is  to  be  made 
at  public  auction,  notice  of  the  time  and  place  of  sale  must  be  posted  in 
three  of  the  most  public  places  in  the  county  in  which  the  land  is  situated, 
and  published  in  a  newspaper,  if  there  be  one  printed  in  the  same  county, 
but  if  none,  then  in  such  paper  as  the  court  may  direct,  for  three  weeks 
successively  next  before  the  sale.  The  lands  and  tenements  to  he  so  d 
must  be  described  with  common  certainty  in  the  notice:  California,  Code 
Civ.  Proc,  sec.  547. 

No.  3091.    Notice  of  Postponement  of  Sale  of  Real  Estate. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that  the  sale  described  in  tlie  following  oridnal 
notice  of  sale  is  postponed  to  Saturday,  June  3,  1917,  at  12  M.  [Copy 
of  notice.] 

Witness  my  hand  this  third  day  of  Llay,  1917. 

> 
Administrator  of  the  Estate  of  A.  B.,  Deceased. 

NOTE. — At  the  time  of  postponement  notice  must  be  given  by  a  public 
declaration  in  the  usual  form:  "I  now  give  notice  that  the  sale  described 
in  this  notice  [reading  it  all  except  the  description  of  the  property]  is 
now  postponed  to  Saturday,  June  3,  1906,  at  12  M.  and  to  this  place."      _ 

If   it   is   postponed   for   more   than   one    day,   notices   must   be   posted   m 
three  or  more  places  in  the  county  where  the  land  is  situated,  or  by  pub- 
lishing the  same,  or  both,  as  the  time  and  circumstances  will  permit:  Cali- 
fornia, Code  Civ.  Proc,  sec.  1558. 
Form  Book — 6S 


Forms  3092, 3093         Cowdery's  Form  Book.  1074 

No.  3092.    Notice  of  Sale  of  Real  Property  at  Private  Sale. 

Notice  is  hereby  given  that  in  pursuance  of  an  order  of  the  superior 

court  of  the  state  of ,  in  and  for  tlie  county  of  ,  made  on  the 

day  of ,  19 — ,  in  the  matter  of  the  estate  of ,  deceased,  the 

undersigned,  administrator  of  the  estate  of  ,  deceased,  will  sell  at 

private  sale,  in  one  parcel,  to  the  higlicst  bidder,  upon  the  terms  and 
conditions  hereinafter  mentioned,  and  subject  to  confirmation  by  said 

superior  court,  on  or  after  the  day  of  ,  19 — ,  at  10  A.  M.  of 

said  day,  all  the  right,  title,  interest  and  estate  of  the  said  ,  de- 
ceased, at  the  time  of  his  death,  in  and  to  the  real  property  hereinafter 
described,  and  all  the  right,  title  and  interest  that  the  said  estate  has, 
by  operation  of  law,  or  otherwise,  acquired  other  than  or  in  addition 
to  that  of  said  deceased,  at  the  time  of  his  death,  of,  in  and  to  that  cer- 
tain lot,  piece  or  parcel  of  land  situate,  lying  and  being  in  the  county 

of state  of  California,  and  more  particularly  described  as  follows, 

to  wit:   [Description.] 

Terms  and  conditions  of  sale :  Cash  in  gold  coin  of  the  United  States ; 
ten  (10)  per  cent  of  the  purchase  money  to  be  paid  at  the  time  of  sale; 
balance  on  confirmation  of  sale. 

All  bids  or  offers  must  be  in  writing,  and  may  be  left  at  the  office  oC 

Messrs.  &  ,  attorneys  for  said  administrator,  at  No.  —  ■ 

Street,   in   the    county   of   ,    state   of   ,   or   may   be   filed    in 

the  office  of  the  clerk  of  the  court  aforesaid  before  date  of  sale. 

Dated ,  19—. 

,  Administrator. 

No.  3093.    Return  and  Account  of  Sale  of  Real  Estate. 

[Title  of  Court  and  Estate.] 

To   the   Honorable,   the   Superior   Court   of   the   City   and   County   of 
San  Francisco,  State  of  California: 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  respectfully 
makes  the  following  return  of  her  proceedings  under  the  order  of  this 
court,  dated  on  the  seventh  day  of  December,  1904,  authorizing  said 
administratrix  to  sell  certain  real  estate,  and  report,  as  follows,  to  wit: 

That  in  pursuance  of  said  order  of  sale  she  caused  notice  of  the  time 
and  place  of  holding  such  sale  to  be  posted  up  in  three  of  the  most 
public  places  in  said  city  and  county  of  San  Francisco,  in  which  the 
land  ordered  to  be  sold  is  situated,  and  to  be  published  in  the  D.  E.  U., 
a  newspaper  printed  and  published  in  the  said  city  and  county,  for 
three  weeks  successively  next  before  such  sale,  in  which  notice  the  lands 
and  tenements  to  be  sold  were  described  with  common  certainty;  all  of 
which  will  also,  and  more  fully,  appear  by  the  affidavits  marked  re- 
spectively "A"  and  "B,"  hereunto  annexed,  and  made  a  part  of  tliis 
return. 

That  at  the  time  and  place  of  holding  such  sale  specified  in  such 
notice,  to  wit,  on  Monday,  the  fourth  day  of  January,  1917,  between 


]075  Probate  Sales.  Form  3093 

the  hours  of  9  o'clock  in  the  morning;,  and  tlie  setting  of  the  sun  on 
the  same  day,  to  wit,  at  twelve  o'clock  M.,  and  at  the  auction  sales- 
rooms of  0.  F.,  314  Montgomery  Street,  in  said  city  and  county,  she 
caused  to  be  sold  in  one  parcel,  judging  it  most  beneficial  to  said  estate, 
at  public  auction,  to  the  highest  bidder,  upon  the  following  terms,  to  wit, 
for  cash,  and  subject  to  confirmation  by  this  court,  tlie  real  estate, 
described  in  said  order  of  sale  and  in  said  notice. 

That  at  such  sale  S.  W.  became  the  purchaser  of  said  real  estate 
for  the  sum  of  thirty-one  hundred  dollars,  he  being  the  highest  and 
best  bidder,  and  said  sum  being  the  highest  and  best  sum  bid. 

That  the  said  sale  was  legally  and  fairly  conducted ;  that,  as  said 
administratrix  believes,  the  sum  bid  is  not  disproportionate  to  the  value 
of  the  property  sold,  and  that  a  sum  exceeding  such  bid  at  least  ten 
per  cent,  exclusive  of  the  expenses  of  a  new  sale,  cannot  be  obtained 
all  of  which  will  also  and  more  fully  appear  by  the  affidavit  marked 
"C,"  hereunto  annexed  and  made  a  part  of  this  return. 

That  the  account  of  sales  marked  "D,"  hereunto  annexed  and  made 
a  part  of  this  return,  is  true  and  correct. 

And  that  before  making  such  sale,  to  wit,  on  the  thirtieth  day  of 
December,  1917,  said  administratrix,  as  required  in  and  by  said  order 
of  sale,  duly  executed  an  additional  bond  to  the  state  of  California, 
with  sufficient  sureties,  duly  approved,  to  wit,  on  tlie  day  last  afore- 
said, by  the  judge  of  this  court,  in  the  penal  sum  of  five  thousand  dol- 
lars, conditioned  that  the  said  administratrix  should  faithfully  execute 
the  duties  of  the  trust,  according  to  law. 

Wlierefore  said  administratrix  prays  for  a  hearing  upon  this  return, 
and  that  this  honorable  court  make  an  order  confirming:  the  said  sale, 
and  directing  conveyances  to  be  executed  to  said  purchaser,  conveying 
all  the  right,  title,  interest,  and  estate  of  said  intestate  in  the  said 
premises  at  the  time  of  his  death,  and  all  the  right,  title,  and  interest 
of  said  estate  in  the  same,  or  that  such  other  or  furtlier  order  may  be 
made  as  is  meet  in  the  premises. 

[Signature.] 

[Verification.] 

NOTE. — In  California,  a  return  of  proceedings  is  made  and  filed Jn  the 
office  of  the  clerk.  A  hearing  may  be  asked  for  in  the  return,  or  by  peti- 
tion subsequently,  and  thereupon  the  clerk  fixes  the  day  for  the  hearing, 
of  which  notice  of  at  least  ten  days  is  given  by  the  clerk,  by  notices 
posted  in  three  public  places  in  the  county,  or  by  publication  in  a  news- 
paper, and  briefly  indicates  the  land  sold,  the  sum  for  which  it  was  sold, 
and  refers  to  the  return  for  further  particulars.  Upon  the  hearing,  the 
court  examines  the  return  and  witnesses,  and.  if  the  proceedings  were 
unfair,  or  the  sum  bid  disproportionate  to  the  value,  and,  if  it  appear  that 
a  sum  at  least  ten  per  cent  above  the  bid  reported  exclusive  of  the  ex- 
penses of  a  new  sale  may  be  obtained,  the  court  vacates  the  sale  and  orders 
a  new  one,  and  then  the  same  notice  is  given  of  the  resale  the  same  as 
if  there  had  been  no  previous  sale.  If,  when  the  report  of  the  first  sale 
is  up  for  hearing,  a  responsible  person  offers  in  writing  to  pay  ten  per 
cent  more  than  the  amount  reported,  the  court  has  authority   [discretion] 


Forms  3094, 3095         Cowdery's  Foem  Book.  1076 

to   accept   Eucli   offer   and   confirm   the   sale   to   such   person,   or   to    order   a 
new   sale:   California,   Code   Civ.   Proc,   sec.   1552. 

[The  practice  in  San  Francisco  is,  when  such  increased  bid  is  made,  for 
the  judge  to  announce  and  read  the  bid  from  the  bench  and  ask  if  any 
person  will  make  a  higher  bid.  If  a  higher  bid  is  offered  (orally  or  in 
writing)  the  judge  announces  it  and  invites  higher  bids.  If  other  bids 
are  made  they  are  announced,  and  the  sale  continues  until  the  limit  of 
offers  is  reached,  and  the  property  is  then  declared  sold  to  the  highest 
bidder,  as  if  it  were  a  public  auction,  which  in  fact  it  is.  There  is  no 
statute  for  this  proceeding,  but  it  is  clearly  sanctioned  by  the  discretion 
given  to  the  court  in  the  section  of  the  code  above  cited.] 

No.  3094.    Affidavit  of  Posting  Notice  of  Sale  of  Real  Estate — Return 

Schedule  "A." 
[Title  of  Court  and  Estate,] 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

A.  B.  C,  of  said  city  and  county,  being  duly  sworn,  says:  That  he 
is  over  the  age  of  eighteen  years,  not  interested  in  or  a  party  to  the 
estate  of  T.  J.,  deceased. 

That  on  the  eighth  day  of  December,  1917,  he  posted  true,  full  and 
correct  eoi^ies  of  the  annexed  notice  of  the  time  and  place  of  holding 
the  sale  of  real  estate  ordered  by  tliis  court,  in  the  matter  of  said  estate, 
on  the  seventh  day  of  December,  1917,  in  three  of  the  most  public  places 
in  the  said  county,  to  wit,  one  copy  of  said  notice  at  the  auction  sales- 
rooms of  A.  B.  C,  one  at  the  United  States  Postofifice,  and  one  at  the 
sheriff's  office.  City  Hall,  in  said  city  and  county;  and  that  said  notices 
remained  posted  for  three  weeks  successively  next  before  the  day  of 
sale  mentioned  in  said  notice. 

Subscribed  and  sworn  to  [etc.]. 

[Signature.] 

No.  3095.    Affidavit  of  Publication  of  Notice  of  Sale  of  Real  Estate — 

Return  Schedule  "B." 
[Title  of  Court  and  Estate.] 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

C.  W.  C,  of  said  city  and  county,  being  duly  sworn  says,  that  he 
is  over  the  age  of  eighteen  years,  not  interested  in  or  a  party  to  the 
estate  of  T.  J.,  deceased. 

That  he  is  the  principal  clerk  and  bookkeeper  in  the  office  of  the 
publishers  of  the  D.  E.  B.,  a  newspaper  printed  and  published  in  said 
city  and  county,  and  as  such  clerk  and  bookkeeper  has  charge  of  all 
advertisements  in  said  newspaper. 

That  a  true,  full  and  coiTCct  copy  of  the  annexed  notice  of  the  time 
and  place  of  holding  the  sale  of  real  estate  ordered  by  tlie  superior 
court  of  the  city  and  county  of  San  Francisco,  in  the  matter  of  said 
estate,  on  the  seventh  day  of  December,  1917,  was  published  in  said 


1077  Probate  Sales.  Forms  3096, 3097 

newspaper  for  three  -weeks  successively  next  before  the  day  of  sale 
mentioned  in  said  notice  and  as  often  during  the  period  of  said  three 
successive  weeks  as  the  said  paper  was  rej^nlarly  issued,  to  wit:  daily 
from  the  eighth  day  of  December,  1917,  to  and  until  the  fourth  day  of 
January,  1918^  both  days  inclusive. 
Subscribed  and  sworn  to  [etc.], 

[Signature.] 

No.  3096.    Affidavit  of  Sale  of  Real  Estate  at  Public  Sale— Return 
Schedule  "C." 

[Title  of  Court  and  Estate.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

S.  P.  M.,  of  said  city  and  county,  being  duly  sworn,  says,  that  he  is 
an  auctioneer,  duly  authorized  by  law  to  sell  real  and  personal  property 
at  iDublic  auction  or  vendue,  residing  and  doing  business  in  said  city 
and  county,  and  mentioned  in  tlie  annexed  notice;  that  at  the  time  and 
place  specified  in  said  notice,  to  wit,  on  Monday,  the  fourth  day  of 
January,  1918,  at  twelve  o'clock,  M.,  and  at  the  auction  salesrooms  of 
said  auctioneer,  at  314  Montgomery  Street,  in  said  city  and  county,  at 
the  instance  and  by  the  direction  of  M.  J.,  the  administratrix  of  the 
estate  of  T.  J.,  deceased,  said  auctioneer,  for  and  on  behalf  of  said 
estate,  offered  for  sale  in  one  parcel,  to  the  highest  bidder,  upon  the 
following  terms,  to  wit,  for  cash,  subject  to  confirmation  by  the  su- 
perior court  of  the  city  and  county  of  San  Francisco,  the  real  estate 
described  in  said  notice,  and  sold  the  same  to  S.  W.,  for  the  sum.  of 
three  thousand  and  one  hundred  dollars,  he  being  the  highest  and  best 
bidder  for  the  same,  and  that  being  the  higliest  and  best  sum  bid ;  that 
the  said  sale  was  legally  made  and  fairly  conducted;  that  the  sum  bid 
is  not  disproportionate  to  the  value  of  the  property  sold,  and  that,  as 
this  affiant  believes,  a  sum  exceeding  such  bid  at  least  ten  per  cent, 
exclusive  of  the  expenses  of  a  new  sale,  cannot  be  obtained. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

No.  3097.    Account   of   Sale   of  Real   Estate  by  Auctioneer — Return 
Schedule  "D." 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  Alameda, — ss. 

Account  of  sales  of  real  estate  belonging  to  the  estate  of  T.  J.,  de- 
ceased, made  by  S.  P.  M.,  auctioneer,  at  his  auction  salesrooms,  314 
Montgomery  Street,  San  Francisco,  California,  on  the  fourtli  day  of 
January,  1918,  at  twelve  o'clock  M.,  at  the  instance  and  by  the  direc- 


Forms  3098, 3099        Cowdery's  Form  Book.  1078 

tion  of  M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  said  deceased, 
who  being  duly  sworn,  says:  That  the  following  statement  is  true: 

Description.  Name  of  Purchaser.  Sum  Bid. 

S.  W $3,100  00 

$3,100  00 
Charges. 

Advertising  in  report $25  00 

Posting  notices  2  50 

Commissions,  as  per  agreement 75  00 

102  5t 

Net  proceeds $2,997  50 

[Signature.] 
Subscribed  and  sworn  to  [etc.]. 

No.  3098.    Order   Fixing   Day   of   Hearing   Return   of   Sale   of   Real 
Estate. 

[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having  this 
day  made  a  return  to  this  court  of  her  proceedings  under  the  order  of 
sale  of  real  estate  made  by  this  court,  on  the  seventh  day  of  Decem- 
ber, 1918,  and  filed  the  said  return  in  the  office  of  the  clerk  of  this 
court,  it  is  ordered  and  directed  that  Monday,  the  eighteenth  day  of 
January,  1918,  at  10  o'clock  A.  M.,  at  the  courtroom  of  this  court,  be, 
and  the  same  is  hereby,  fixed  for  the  hearing  upon  said  return,  and  that 
nolice  of  at  least  ten  days  be  given  thereof,  by  the  clerk,  by  posting 
notice  thereof,  according  to  law  [or  by  publication,  if  ordered]. 

Subscribed  and  sworn  to  [etc.]. 

,  Judge. 

NOTE. — In  California,  a  hearing  upon  the  return  of  the  proceedings  may 
be  asked  for  in  the  return,  or  by  petition,  subsequently;  and  thereupon 
the  clerk  fixes  the  day  for  the  hearing,  of  which  notice  of  at  least  ten 
days  is  given  by  the  clerk,  by  notices  posted  in  three  public  places  in  the 
county,  or  by  publication  in  a  newspaper,  and  must  briefly  indicate  the 
land  sold,  the  sum  for  which  it  was  sold,  and  must  refer  to  the  return  for 
further  particulars:  California,  Code  Civ.  Proc,  sec.  1552. 

No.  3099.    Notice  of  Day  Fixed  for  Hearing  Return  of  Sale  of  Real 
Estate. 

[Title  of  Court  and  Estate.] 

Pursuant  to  an  order  of  the  judge  of  said  coitrt,  made  on  the  sixth 
day  of  January,  1917,  notice  is  hereby  given  that  M.  J.,  the  adminis- 
tratrix of  the  estate  of  said  deceased,  made  to  the  said  coi:rt,  and  filed 
in  the  office  of  the  clerk  thereof,  on  said  day,  a  return  of  sale  made 
by  her  on  the  fourth  day  of  January,  1917,  under  a  previous  order  of 


1079  Probate  Sales.  Forms  3100,  3101 

said  court,  of  the  following  real  estate  and  for  tlie  following  named 
sum,  to  wit,  the  southerly  half  of  fifty-vara  lot  No.  690,  in  the  city  and 
county  of  San  Francisco,  for  the  sum  of  $3,100,  as  will  more  fully  a])- 
pear  from  said  return  filed  as  aforesaid,  and  to  which  reference  is 
hereby  made  for  further  particulars. 

And  notice  is  hereby  further  given,  that  Monday,  the  eighteenth  day 
of  January,  1917,  at  eleven  o'clock  A.  M.,  at  the  courtroom  of  said 
court,  at  the  Old  City  Hall,  in  said  city  and  county  of  San  Francisco, 
has  been  fixed  for  hearing  the  said  return  when  and  where  any  person 
interested  in  the  said  estate  may  appear  and  file  written  objections  to 
the  confirmation  of  the  said  sale,  and  may  be  heard  and  may  produce 
witnesses  in  support  of  such  objections. 

Dated . 

[Signature.] 

NOTE.— California,  Coae  Civ.  Proc,  sec.  1552. 

No.  3100.     Objections  to  Confirmation  of  Sale  of  Real  Estate. 

[Title  of  Court  and  Estate.] 

Now  comes  A.  B.,  a  residuary  legatee  under  the  will  of  the  said  E.  F., 
deceased,  and  objects  to  the  confirmation  of  'sale  by  the  executor  of 
said  will  of  all  that  land  described  as  follows  [description],  made  on 
the  third  day  of  June,  1916,  to  Q.  F.  for  $10,337,  upon  the  ground  tliat 
a  fair  value  for  said  real  estate  is  not  less  than  $20,000,  and  because 
the  said  executor  did  not  follow  business  methods  in  advertising  said 
sale,  and  because  upon  a  resale,  properly  advertised,  said  real  estate 
ought  to  bring  at  least  $15,000. 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1553. 

No.  3101.     Order  Confirming  Sale  of  Real  Estate. 
[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having  made 
to  this  court,  and  filed  in  the  office  of  the  clerk  thereof,  a  return  of 
her  proceedings  under  the  order  of  sale  herein,  and  said  matter,  coming 
on  regularly  this  day  to  be  heard,  and  it  having  been  proved  to  the 
court  that  in  pursuance  of  said  order  of  sale,  and  as  ordered  by  the 
court,  the  clerk  of  this  court  caused  notice  of  the  time  and  place  of 
liolding  said  sale  to  be  posted  up  in  three  of  the  most  public  places  in 
the  city  and  county  of  San  Francisco,  in  which  the  land  ordered  to  be 
sold  is  situated,  and  to  be  published  in  the  D.  E.  B.,  a  newspaper 
printed  and  published  in  the  same  city  and  county,  for  three  weeks 
successively  next  before  such  sale,  in  which  order  of  sale  and  notice  the 
lands  and  tenements  to  be  sold  were  described  with  common  certainty, 
as  follows,  to  wit:   [Description.] 


Forms  3102, 3103         Cowdery's  Form  Book.  lOSO 

That  at  such  sale  S.  W.  became  the  purchaser  of  said  real  estate  for 
the  sum  of  $20,000,  he  being  the  highest  and  best  bidder,  the  said  sum 
being  the  highest  and  best  sum  bid. 

And  all  and  singular  the  law  and  the  premises  being  by  the  court 
here  seen,  heard,  understood,  and  fully  considered,  wherefore  it  is  by 
the  court  ordered,  adjudged,  and  decreed,  that  the  said  sale  be,  and 
the  same  is  hereby,  confirmed  and  approved;  and  the  proper  and  legal 
conveyances  of  all  said  real  estate  are  hereby  directed  to  be  executed 
to  said  purchaser  by  said  administratrix. 

Dated . 

• ,  Judge. 

NOTE. — In  California,  if  it  appears  that  the  sale  was  legally  made  and 
fairly  conducted,  and  that  the  sum  bid  was  not  disproportionate  to  the 
value  of  the  property,  and  that  a  greater  sum,  as  above  specified,  caunot 
be  obtained,  or  if  an  increase  of  ten  per  cent  be  made  and  accepted,  the 
court  must  make  an  order  confirming  the  sale,  and  directing  conveyances 
to  be  executed.  The  sale,  from  that  time,  is  confirmed  and  valid,  and  a 
certified  copy  of  the  order  confirming  it  and  directing  conveyances  to  be 
executed  must  be  recorded  in  the  office  of  the  recorder  of  the  county  within 
which  the  land  sold  is  situated:  California,  Code  Civ.  Proc,  sec.  1554. 

No.  3102.    Order  Confirming  Sale  of  Real  Estate  by  Authority  of  Will. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  court  that  A.  B.,  the  executor  of  the  last  will  of 
C.  D.,  deceased,  did,  on  the  third  day  of  June,  1917,  sell  to  E.  F.  all 
that  real  estate  situated  in  the  said  city  and  county  of  San  Francisco 
and  described  as  follows,  to  wit  [description]  ;  and  it  appearing  to  the 
court  that  said  sale  Avas  made  as  directed  by  the  last  will  of  said  C.  D., 
deceased,  and  said  matter  of  conferring  the  said  sale  coming  on  this 
day  to  be  heard,  it  is  ordered  that  said  sale  be,  and  the  same  is  hereby, 
confirmed,  and  that  said  executor  execute,  acknowledge  and  deliver  to 
the  said  E.  F.  a  deed  of  said  land  and  improvements  hereinabove 
described. 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1554,  1704. 

No.  3103.    Order  Confirming  Sale  Made  in  Open  Court. 

[Title  of  Court  and  Estate.] 

M.  J.,  administratrix  of  the  estate  of  T.  J.,  deceased,  having  made 
to  this  court,  and  filed  in  the  office  of  the  clerk  thereof,  a  return  of 
her  proceedings  under  the  order  of  sale  herein,  and  said  matter  coming 
on  regularly  this  day  to  be  heard,  and  it  having  been  proved  to  the 
court  that  in  pursuance  of  said  order  of  sale,  and  as  ordered  by  the 
court,  the  clerk  of  this  court  caused  notice  of  the  time  and  place  of 
holding  said  sale  to  be  posted  up  in  three  of  the  most  public  places 
in  the  city  and  county  of  San  Francisco,  in  which  the  land  ordered  to 


1081  Probate  Sales.  Forms  3104, 3105 

he  sold  is  situated,  and  to  be  published  in  the  D.  E.  B.,  a  newspaper 
printed  and  published  in  the  same  city  and  county,  for  three  weeks 
successively  next  before  such  sale,  in  which  order  of  sale  and  notice 
the  lands  and  tenements  to  be  sold  were  described  with  common  cer- 
tainty, as  follows,  to  wit:  [Description.] 

That  at  such  sale  S.  W.  became  the  purchaser  of  said  real  estate  for 
the  sum  of  $20,000,  being  the  highest  and  best  sum  bid,  and  then  and 
there  such  proceedings  were  had  that  in  open  court  A.  B.  C.  in  writing 
offered  the  sum  of  $20,963  for  said  land  and  tenements  upon  the  terms 
described  in  the  order  of  sale,  and  he  being  a  responsible  person,  the 
court  accepted  said  offer  and  confirmed  said  sale  to  him  accordingly. 

And  all  and  singular  the  law  and  the  premises  being  by  the  court 
here  seen,  heard,  understood,  and  fully  considered,  wherefore  it  is  by 
the  court  ordered,  adjudged,  and  decreed,  that  the  said  sale  be,  and 
the  same  is  hereby,  confirmed  and  approved;  and  the  proper  and  legal 
conveyances  of  all  said  real  estate  are  hereby  directed  to  be  executed 
to  said  A.  B.  C,  purchaser  by  said  administratrix. 

It  is  therefore  ordered  that  the  said  sale  to  A.  B.  C.  for  the  sum  of 
$20,963  be,  and  the  same  is  hereby,  confirmed,  and  upon  i^ayment  of  tlie 
price  and  compliance  with  the  terms  of  sale  as  aforesaid  by  said  pur- 
chaser, the  said  E.  F.,  as  administrator  of  said  estate,  is  directed  to 
execute,  acknowledge  and  deliver  to  said  purchaser  a  deed  of  convej'- 
ance  of  all  that  land  bounded  and  described  as  follows,  to  wit: 
[Description.] 

Dated .  .„.       ^ 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1552,  1554,  1709. 

No.  S104.  Order  Vacating  Sale  of  Real  Estate  for  Inadequacy  of  Price. 
[Title  of  Court  and  Estate.] 

The  return  of  the  proceedings  on  sale  of  real  estate  in  the  matter  of 
this  estate  coming  on  to  be  heaj-d  this  day;  and  it  appearing  to  the 
court  that  the  sum  bid  at  the  sale  returned  as  aforesaid  was  dispropor- 
tionate to  the  value  of  the  property  offered  for  sale;  and  it  appearing 
that  a  sum  exceeding  the  sum  bid  and  reported  at  least  ten  per  cent, 
exclusive  of  the  expenses  of  a  new  sale,  can  be  obtained,  it  is  ordered 
that  said  sale  be,  and  it  is  hereby,  vacated,  and  it  is  ordered,  etc.  [pro- 
ceed and  finish  the  same  as  in  the  order  of  sale  following  which  the 
prior  sale  was  made]. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1525. 

No.  3105.    Notice  of  Motion  to  Set  Aside  Sale  for  Neglect  to  Comply 

With  Terms. 
[Title  of  Court  and  Estate.] 
To  A.  B.: 

Yoii  will  please  take  notice  that  on  Friday,  June  3,  1917.  at  10  o'clock 
A.  M.,  the  administrator  of  the  estate  of  C.  D.,  deceased,  will  move  the 


Forms  3106, 3107         Cowdery's  Form  Book.  1082 

court  to  set  aside  the  sale  to  you,  on  May  7,  1917,  by  the  administrator 
of  said  estate,  and  order  a  resale  of  the  real  estate  described  as  fol- 
lows [description],  upon  the  ground  that  you  refuse  and  neglect  to 
comply  with  the  tenns  of  said  sale.     [Description.] 

Said  motion  will  be  based  upon  the  petition  of  the  administrator  for 
an  order  to  sell  said  real  estate,  the  order  of  the  court  directing  the 
sale  to  be  made,  the  notice  of  sale,  and  the  return  of  sale,  and  upon 
all  the  papers  and  records  on  file  in  the  matter  of  said  estate. 

NOTE. — When  the  facts  are  as  above  stated,  a  sale  will  be  set  aside,  and 
resale  ordered.  If  at  the  resale  the  proceeds  do  not  cover  the  bid  and 
expenses  of  the  previous  sale,  such  purchaser  is  liable  for  the  deficiency 
to  the  estate:  California,  Code  Civ.  Proc,  sec.  1554. 

No.  3106.     Order  Vacating  Sale  and  Directing  Resale  on  Failure  of 

Purchaser  to  Comply  With  Bid. 
[Title  of  Court  and  Estate.] 

The  motion  of  ,  administrator  of  the  estate  of  ,  deceased, 

to  set  aside  and  annul  a  sale  of  certain  real  property  of  said  estate 
[here  describe  the  property]  coming  on  regularly  this  day  for  hearing; 
and  it  appearing  that  notice  of  the  motion  has  been  duly  served  upon 

,  the  purchaser  at  said  sale;  and  it  further  appearing  that  said 

purchaser  refuses  and  neglects  to  comply  with  the  terms  of  said  sale,  in 
this,  that  he  refuses  to  pay  the  balance  of  the  purcliase  price  due: 

It  is  therefore  ordered  that  the  said  sale  heretofore  made  to  said  

by  said  administrator  on ,  19 — ,  be  and  the  same  hereby  is  vacated 

and  annulled;  that  the  order  made  on  ,  19 — ,  approving  said  sale, 

so  far  as  the  same  confirms  the  sale  to  said  ,  be  and  the  same 

hereby  is  vacated  and  annulled. 

And  it  is  further  ordered  that  said  administrator  proceed  under  the 

order  heretofore  made  by  this  court  on  the day  of ,  19 — ,  and 

make  a  resale  of  said  real  estate,  giving  due  notice  of  such  resale  and 
conducting  it  in  all  respects  as  if  no  previous  sale  had  been  made. 

Done  in  open  court  this day  of ,  19 — . 

,  Judge  of  Superior  Court. 

No.  3107.    Return  and  Account  of  Sales  of  Personal  Property. 

[Title  of  Court  and  Estate.] 

M.  J.,  administratrix  of  the  estate  of  T.  J.,  deceased,  respectfully 
returns  the  following  account  of  sales  made  by  her  under  the  ordci 
of  the  judge  of  this  court,  dated  on  the  thirteenth  day  of  August,  1917, 
and  reports  as  follows,  to  wit: 

That  in  pursuance  of  said  order  of  sale  she  gave  public  notice  for 
at  least  ten  days,  by  publication  in  the  D.  E.  R.,  a  newspaper  pub- 
lished in  said  city  and  county  [or  by  posting  notices  in  three  public 
places  in  said  city  and  county],  in  Avhich  notice  were  specified  the  time 
and  place  of  sale,  as  will  also  and  raore  fully  appear  by  the  affidavit 
marked  "A,"  hereunto  annexed  and  made  a  part  hereof. 


1083  Probate  Sales.  Form  3108 

Tliat  at  the  time  and  place  specified  in  said  notice,  to  wit,  at  the 
auction  salesrooms  of  A.  F.,  nortlieast  corner  of  Montgomery  and  Cali- 
fornia Streets,  in  said  city  and  county,  on  the  twenty-fifth  day  of 
August,  1917,  at  twelve  o'clock  M.,  she  caused  to  be  sold,  tlirough  said 
A.  F.,  auctioneer,  to  the  highest  bidder  for  cash,  the  property  described 
in  said  notice  and  mentioned  in  the  account  of  sales  attached  to  tlie 
affidavit  marked  "B,"  hereunto  annexed  and  made  a  part  hereof. 

Tliat  at  such  sales  the  persons  named  in  said  account  of  sales  be- 
came the  purcliasers  of  the  articles,  and  at  the  prices  set  opposite  their 
names  respectively;  that  all  of  the  said  property  was  present  at  the 
time  of  selling;  that  the  said  sales  were  legally  made  and  fairly  con- 
ducted ;  and  that  the  sums  bid  were  not  disproportionate  to  the  value 
of  the  property  sold;  all  of  which  will  also  and  more  fully  appear  by 
said  affidavits  marked  "B,"  "C"  and  "D,"  hereto  attached. 

[See  Forms  following.] 

Wherefore  said  administratrix  prays  that  said  sales  be  confirmed 
and  approved,  and  declared  valid. 

NOTE.— California,  Code  Civ,  Proe.,  sec.  1522. 

No.  3108.    Affidavit  of  Publication  of  Notice  of  Sale  of  Personal  Estate. 

[Title  of  Court  and  Estate.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

C.  B.,  of  said  city  and  county,  being  duly  sworn,  says:  That  he  is 
over  the  age  of  eighteen  years;  not  interested  in  the  estate  of  T.  J., 
deceased,  and  is  not  a  party  thereto. 

That  he  is  the  principal  clerk  and  bookkeeper  in  the  office  of  the 
publisher  of  the  "D.  Press,"  a  newspaper  published  in  said  city  and 
county,  and  as  such  clerk  and  bookkeeper  has  charge  of  all  advertise- 
ments in  said  newspaper.  That  a  notice,  of  which  the  annexed  is  a 
true  cop3'  [insert  copy],  was  published  in  said  newspaper  for  at  least 
ten  days,  and  as  often  during  the  period  of  said  ten  days  as  said  news- 
paper was  regularly  issued,  to  wit,  daily,  Sundays  excepted,  from  the 
fourteenth  day  of  August,  1917,  to  and  until  the  twenty-fifth  day  of 
August,  1917  (both  daj's  inclusive),  [or,  if  the  affidavit  is  of  posting, 
then,  omitting  the  words  within  the  last  brackets,  say:]  That  a  notice, 
of  which  the  annexed  is  a  true  copy,  was  posted  by  him  on  the  four- 
teenth day  of  Aixgust,  1917,  in  three  public  places  in  said  city  and 
county,  to  wit,  one  at  the  United  States  postoffice,  one  at  the  Hall  of 
Justice,  and  one  at  the  auction  salesrooms  of  J.  M.  &  S.,  in  said  city 
and  county  (or  at  whatever  places  notice  was  posted). 

[Signature.] 


Forms  3109, 3110         Cowdery's  Form  Book.  1084 

No.  3109.    Affidavit   of   Auctioneer   on   Return   of   Sale   of  Personal 

Estate. 

[Title  of  Court  and  Estate.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

J.  M.,  of  said  city  and  county,  being  duly  sworn,  says:  That  he  is  a 
member  of  the  firm  of  J.  M.  &  S.,  auctioneers  in  said  city  and  county; 
that  the  property  mentioned  in  the  annexed  notice  was  sold  by  said 
auctioneers  to  the  highest  bidders,  for  cash,  at  the  place  mentioned  in 
said  notice,  on  the  twenty-fifth  day  of  August,  1917,  the  sales  com- 
mencing at  twelve  o'clock  M. 

That  all  of  said  property  was  present  at  the  time  of  selling;  tliat  the 
said  sales  were  legally  made  and  fairly  conducted,  and  that  the  sums 
bid  were  not  disproportionate  to  the  value  of  the  property  sold. 

That  the  account  of  sales  attached  to  this  affidavit  is  true  and 
correct. 

[Signature.] 

No.  3110.    Affidavit   of   Auctioneer   on   Return   of   Sale   of   Personal 
Property. 

[Title  of  Court  and  Estate.] 

Account  of  Sale. 
State  of  California, 
County  of  Alameda, — ss. 

Name  of  Article  Sold.  Name  of  Purchaser.  Amount  Bid. 

1  Gold  Watch  and  Chain W.  B $    106  00 

25  Shares  Zenith  G.  and  S.  Mining  Co D.  F 2,525  00 

100  Shares  C.  C.  Mining  Co A.   W 700  00 

50  Shares  N.  &  J.  Mining  Co 0.  C.  K 800  00 

5  Shares  S.  V.  Mining  Co P.  G.  P 50  00 


$4,181  00 


Charges. 

Advertising  in  B $12  50 

Commissions,  as  per  agreement 50  00 

62  50 

Net  proceeds  of  sales $4,118  00 

I  do  solemnly  swear  that  the  above-described  articles  were  sold  by  me 
for  tlie  amounts,  and  to  the  persons  above  named. 


1085  Peobate  Sales — Promissory  Notes.     Forms  3111,  3130 

No.  3111.    Order  Confirming  Sale  of  Personal  Property. 
[Title  of  Court  and  Estate.] 

M.  J.,  the  administratrix  of  the  estate  of  T.  J.,  deceased,  having  duly 
returned  to  this  court,  and  filed  herein  an  account  and  report,  verified 
by  her  affidavit,  of  sales  made  by  her  under  the  order  of  the  judge  of 
this  court,  dated  on  the  thirteenth  day  of  August,  1917,  and  having  also 
filed  a  petition  praying  that  said  sales  be  confirmed  and  approved ;  and 
the  matter  coming  on  regularly  to  be  heard  this  seventh  day  of  Septem- 
ber, 1917,  and  it  duly  appearing  to  the  satisfaction  of  the  judge  of  said 
court  that  said  sale  was  properly  conducted  and  legally  made,  and  that 
due  notice  of  the  time  and  place  was  given,  as  required  by  law  and  tlie 
order  of  the  judge  of  this  court,  it  is  ordered  and  decreed  that  the  said 
sale  be,  and  the  same  is  hereby,  confirmed  and  approved,  and  declared 
valid. 

Dated  . 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc.,,  sec.  1517;  Alaska,  Conip.  Laws  1913, 
sees.  1662-1690;  Arizona,  Kev.  Stats.  1913,  par.  905;  Idaho,  Eev.  Codes,  1907, 
sec.  5491. 

PROCESS. 

See  Summons. 


PROMISSORY  NOTES. 

8130.  Promissory  note. 

3131.  Promissory  note  with  attorney's  fee  clause. 

3132.  Promissory  note,  joint  and  several. 

3133.  Promissory  note  with  default  clause. 

3134.  Promissory  note  to  corporation  secured  by  mortgage. 

3135.  Installment  note,  secured  by  mortgage. 

3136.  Complaint  on  promissory  note. 

3137.  Complaint  by  holder  against  indorser  and  maker. 

3138.  Complaint  by  administrators  on  promissory  note. 

3139.  Complaint  on  promissory  note — Justice's  court. 

3140.  Complaint  on  promissory  note. 

3141.  Complaint  on  a  partnership  note. 

3142.  Complaint  on  lost  note. 

3143.  Answer  of  payment  of  note  in  services. 

3144.  Answer  that  note  was  procured  by  fraud. 

3145.  Answer  that  notice  of  dishonor  was  not  given, 

CROSS-REFEKENCE  S. 

See  Pledge;  Protest. 
Promissory  Note  to  Corporation  Secured  by  Mortgage,  No.  3134. 

No.  3130.    Promissory  Note. 

$756.  San  Francisco,  August  21,  5917. 

Sixty  (60)  days  after  date,  without  grace,  I  promise  to  pay  to  R.  H., 
or  order,  the  si:m  of  seven  hundred  and  fifty-six  (756)  dollars,  payable 


Forms  3131-3133         Cowdery's  Form  Book.  1086 

culy  in  gold  coin  of  the  United  States,  for  vahae  received,  with  interest 
tliereon,  in  like  gold  coin,  at  the  rate  of  two  per  cent  per  month  fi'om 
date  till  paid. 

A.  B. 

No.  3131.    Promissory  Note  With  Attorney's  Fee  Clause. 

$300.  San  Francisco,  January  22,  1917. 

Sixty  (60)  days  after  date,  without  grace,  I  promise  to  pay  to  J.  P., 
or  order,  the  sum  of  three  hundred  (300)  dollars,  with  interest  thereon 
at  the  rate  of  one  per  cent  per  month,  from  date  until  paid.  Principal 
and  interest  payable  only  in  United  States  gold  coin;  value  received. 
And  in  the  event  of  a  suit  to  enforce  the  collection  of  this  note,  or  any 
portion  thereof,  I  further  agree  to  pay  the  additional  sum  of  five  per 
cent  in  like  gold  coin,  upon  the  amount  found  due,  as  attorney  fees  in 
said  suit. 

A.  B. 

No.  3132.    Promissory  Note,  Joint  and  Several. 

$1,000.  San  Francisco,  February  16,  1917. 

Thirty  days  after  date,  without  gi'ace,  for  value  received,  we  jointly 
and  severally  agree  and  promise  to  pay  to  J.  C,  or  order,  oi>e  thousand 
(1,000)  dollars,  with  interest  thereon  at  one  per  cent  per  month,  from 
date  until  paid,  payable  monthly,  in  advance.  Principal  and  interest 
l^ayable  at  434  California  Street,  San  Francisco,  in  U.  S.  gold  coin. 

Said  interest,  if  not  paid  as  it  becomes  due,  to  be  added  to  the  prin- 
cipal and  become  a  part  thereof,  and  to  bear  interest  at  the  same  rate. 
And  in  case  default  should  be  made  in  the  payment  of  any  interest, 
when  due,  then  both  principal  and  interest  to  bor-ome  due  and  payable 
immediately  after  such  default,  at  the  option  of  the  holder  of  tins  note. 

A.  B. 

C.  D. 

No.  3133.    Promissory  Note  With  Default  Clause. 

$10,000.  San  Francisco,  May  20,  1917. 

One  year  after  date,  without  grace,  for  value  received,  I  promise  to 
pay  to  S.  D.,  or  order,  the  sum  of  ten  thousand  dollars  in  gold  coin  of 
the  United  States,  of  the  standard  issued  from  the  mint  of  the  United 
States  during  the  year  1872,  with  interest  thereon  from  date  until  paid, 
at  the  rate  of  nine-twelfths  of  one  per  cent  per  month,  said  interest 
payable  in  United  States  gold  coin  of  the  same  standard,  monthly,  in 
advance ;  and  I  agree  that  in  case  of  default  in  the  payment  of  the  said 
principal  sum,  or  of  any  amount  of  monthly  interest,  as  it  shall  fall  due, 
that  such  amounts  sliall  bear  interest  from  the  date  of  their  respective 
maturity  until  paid,  at  the  rate  of  one  per  cent  per  month,  and  that  if 
said  monthly  interest,  or  any  part  thereof,  is  not  paid  within  thirty  days 
after  the  same  becomes  due  and  payable,  then  the  whole  of  said  prin- 
cipal sum  and  interest  shall  forthwitli  become  due  and  payable  at  the 
election  of  the  holder  of  this  note.     This  note  is  secured  by  a  mortgage 

bearing  even  date  herewith. 

A.  B. 


1087  Promissory  Notes.  Forms  3134, 3135 

No.  3134.    Promissory  Note  to  Corporation  Secured  by  Mortgage. 
$25,000.  San  Francisco,  January  16,  1917. 

On  the  sixteenth  day  of  January,  1917,  at  three  o'clock  P.  M.  of  that 
day,  without  grace,  and  for  value  received,  in  gold  coin  of  the  United 
States,  I  promise  to  pay  to  the  San  Francisco  Savings  Union,  a  corpo- 
ration duly  incorporated  and  doincr  business  as  such,  or  to  its  order,  at 
its  office,  the  principal  sum  of  twenty-five  thousand  (25,000)  dollars. 
And  I  further  promise  to  pay  interest  on  said  amount,  at  the  monthly 
rate  of  two-thirds  of  one  per  cent  to  said  San  Francisco  Savings  Union, 
at  its  office,  without  grace,  on  the  sixteenth  day  of  each  and  every 
month,  till  payment  of  the  principal,  the  first  payment  to  be  made  the 
sixteenth  day  of  February,  1917.  And  I  further  promise  to  pay  both 
principal  and  interest  in  United  States  gold  coin  of  the  present  stand- 
ard, waiving  any  right  which  I  may  have  now  or  hereafter,  to  pay  llie 
same  in  any  other  currency.  And  further,  I  agree  that  in  ease  of  de- 
fault in  the  payment  of  any  of  the  amounts  of  principal  or  interest 
above  stipulated,  then  such  amounts  shall  bear  interest  from  the  date 
of  their  maturity  until  the  day  of  payment,  at  the  rate  of  two  per  cent 
per  month ;  and  all  amounts  paid  thereafter  shall  be  applied,  first,  to  the 
payment  of  any  interest  which  may  then  be  due  and  unpaid,  and  after- 
ward, the  balance  thereof  to  the  repayment  of  the  said  principal  sum. 
And  I  further  agree  that,  at  any  time  during  such  default,  the  entire 
unpaid  balance  of  said  principal  sum  shall  become  due  and  payable,  if 
the  holder  of  this  note  shall  so  elect,  and  shall  bear  interest  at  the  rate 
of  two  per  cent  per  month  from  the  date  of  maturity  of  the  last  paid 
amount  of  monthly  interest  until  the  whole  principal  sum  and  interest 
shall  be  paid.  This  note  is  secured  by  a  mortgage  of  even  date  here- 
with. 

A.  B. 

No.  3135.    Installment  Note,  Secured  by  Mortgage. 

$7,200.  San  Francisco,  May  20,  1917. 

For  value  received,  in  gold  coin  of  the  United  States,  we  promise  to 
pay  to  the  California  Savings  and  Loan  Society,  or  order,  at  its  office, 
in  the  city  and  county  of  San  Francisco,  state  of  California,  the  sum 
of  seven  thousand  two  hundred  dollars,  in  gold  coin  of  the  United 
States  of  the  standard  issued  from  the  Mint  of  the  United  States  during 
the  year  1872,  with  interest  thereon  from  date  until  paid,  at  the  rate  of 
nine-twelfths  of  one  per  cent  per  month,  in  manner  following,  that  is  to 
say:  in  seventy-two  equal  installments,  of  one  hundred  dollars  each,  in 
said  gold  coin;  the  first  of  said  installments  to  be  paid  in  said  gold 
coin  on  the  twentieth  day  of  June,  1917,  without  grace,  and  a  like  in- 
stallment in  said  gold  coin  on  the  twentieth  day  of  each  and  every 
month  thereafter,  without  grace,  until  the  whole  of  said  principal  sum 
of  seven  thousand  two  hundred  dollars,  together  with  the  interest  that 
shall  gi'ow  due  upon  the  decreasing  amounts  thereof,  as  herein  specified, 
shall  have  been  fully  paid.     And  we  agree  that  in  case  of  default  of  the 


Form  3136  Cowdery's  Form  Book.  1088 

payment  of  any  of  said  installments,  wlien,  by  the  terms  hereof  the  same 
shall  fall  due,  that  such  installments  shall  bear  interest  from  the  date 
of  their  respective  maturity  until  paid,  at  the  rate  of  two  per  cent  per 
month.  And  that  if  any  one  of  said  installments  is  not  paid  within 
thirty  days  after  the  same  becomes  due  and  i^ayable,  the  whole  of  tlie 
principal  sum  then  remaining  unpaid,  together  with  the  interest  that 
shall  have  accrued  thereon,  shall  forthwitli  become  due  and  payable,  at 
the  election  of  the  holder  of  this  note.  This  note  is  secured  by  a  mort- 
gage bearing  even  date  herewith. 

A.  B. 

No.  3136.    Complaint  on  Promissory  Note. 
[Title  of  Court  and  Cause.] 

The  plaintiff  in  the  above-entitled  action,  complaining  of  the  defend- 
ant in  said  action,  alleges: 

1.  That  on  the day  of ,  19 — ,  at  the  county  of ,  the  said 

defendant,  ,  made  his  certain  promissory  note,  in  writing,  bearing 

date  on  that  day,  which  said  promissory  note  is  in  the  words  and  figures 
following,  to  wit:  ;  and  then  and  there  delivered  the  said  promis- 
sory note  to  the  said ,  who  afterward,  on  the  said day  of , 

19 — ,  duly  indorsed,  assigned,  and  delivered  said  promissory  note  to  the 
plaintiff  herein. 

2.  That  the  said  plaintiff  is  now  the  lawful  owner  and  holder  of  the 
said  promissory  note. 

3.  That  no  part  of  the  said  promissory  note,  or  of  the  interest  thereon, 
has  been  paid. 

4.  That  there  is  now  due  and  unpaid  to  the  said  plaintiff  on  said 

promissory  note  the  sum  of dollars  ($ ),  gold  coin  of  the  United 

States,  and  interest  thereon  at  the  rate  of per  cent  per  month  from 

,  19-. 

Wherefore  the  said  plaintiff  prays  judgment  against  the  said  defend- 
ant for  the  sum  of dollars  ($ ),  gold  coin  of  the  United  States, 

with  interest  thereon  at  the  rate  of per  cent  per  month  from , 

19 — ,  and  costs  of  suit,  and  that  said  judgment  be  rendered  and  made 
payable  in  gold  coin  of  the  United  States,  pursuant  to  the  terms  of  said 
promissory  note. 

[Signature.] 

[Verification.] 

NOTE. — That  copy  of  written  instrament  contained  in  complaint  is  ad- 
mitted, unless  the  answer  is  verified,  see  Cal.  Code  Civ.  Proc,  sees.  447,  887. 
And  when  tho  defense  is  founded  on  a  written  instrument  set  out  in  the 
answer,  its  exf^eution  is  admitted  unless  denied  by  the  plaintiff  under  oath: 
See  Cal.  Code  Civ.  Proc,  boos.  448,  887.  A  copy  of  the  note  sued  on  is  a 
sufficient  complaint  in  a  justice's  court:  See  Cal.  Code  Civ.  Proc,  sec.  853. 


1089  ,       Promissory  Notes.  Forms  3137, 3138 

No.  3137.    Complaint  by  Holder  Against  Indorser  and  Maker. 
[Title  of  Court  and  Cause.] 

-,  the  ]>laiiifil'f  in  the  above-entitled  action,  complaining  of  


and ,  the  defendants  in  said  action,  alleges: 

1.  That  on  the day  of ,  19 — ,  at  the  county  of ,  state  of 

,  the  said  defendant made  his  certain  promissory  note,  in  writ- 
ing, payable  in  gold  coin  of  the  United  States,  bearing  date  on  tliat  day, 
which  said  promissory  note  is  in  the  words  and  figures  following,  to 

wit:  ;  and  then  and  there  delivered  the  said  promissory  note  to 

the  said  defendant  ,  who  then  and  there  indorsed  the  same,  and 

delivered  it  so  indorsed  to  the  said  plaintiff. 

2.  That  afterward,  when  said  note  became  due  and  payable,  to  wit, 

on  the day  of ,  19 — ,  it  was  presented  to  the  defendant  , 

and  paynhent  thereof  was  demanded  and  refused;  all  of  which  the  said 
defendant  had  due  notice. 

3.  Tliat  said  note  has  not  been  paid,  nor  any  part  thereof,  but  the 
same  remains  wholly  due  and  unpaid. 

4.  That  the  said  plaintiff  is  now  the  owner  and  holder  of  said  promis- 
sory note. 

Wherefore,  the  said  plaintiff  prays  judgment  against  the  said  defend- 
ants for  the  sum  of dollars  ($ ),  with  interest  thereon  from  the 

day  of ,  19 — ,  at  the  rate  of per  cent  per  month,  and  costs 

of  suit;  and  that  said  judgment  be  made  payable  in  gold  coin  of  the 
United  States. 

[Signature.] 

No.  3138.    Complaint  by  Administrators  on  Promissory  Note. 
[Title  of  Court  and  Cause.] 

The  plaintiffs  complain  of  the  defendant,  and  allege : 

First.  Tliat  on  the  twenty-fifth  day  of  November,  1895,  the  plain- 
tiffs were  duly  and  legally  appointed  administrators  with  the  will  an- 
nexed of  the  estate  of  George  H.  Godwin,  deceased,  and  that  on  the 
twelfth  day  of  December,  1895,  they  duly  qualified  as  such  administra- 
tors, and  letters  of  administration  with  the  will  annexed  of  said  estate, 
were  duly  and  legally  issued  to  them  and  each  of  them;  and  that  they 
and  each  of  them  have  ever  since  been,  and  now  are,  the  duly  and  legally 
appointed,  qualified,  and  acting  administrators  with  the  will  annexed 
of  the  estate  of  George  Henry  Godwin,  deceased. 

Second.  That  on  the  second  day  of  January.  1893,  at  Park  Ranch, 
Cherry  Creek,  Madison  county,  Montana,  the  defendant  made,  executed 
and  delivered  to  the  said  George  Henry  Godwin  liis  promissory  note  in 
writing,  bearing  date  on  that  day,  which  promissory  note  reads  in  words 
and  figures  following,  to  wit:  [Here  was  set  out  a  copy  of  the  note.] 

Third.  Tliat,  at  the  time  of  the  appointment  of  plaintiffs,  as  adminis- 
trators with  the  will  annexed  of  said  estate  as  aforesaid,  said  note  was 
a  part  of  the  assets  of  said  estate,  and  the  property  thereof,  and  tlie 

Form  Book — 69 


Forms  3139, 3140         Cowdery's  Form  Book.  1U90 

same  came  into  the  hands  of  these  plaintiffs,  as  administrators  afore- 
said, as  the  property  of  said  estate;  and  plaintiffs  have  ever  since  been, 
and  now  are,  the  lawful  owners  and  holders  of  said  promissory  note. 

Fourth.  That  the  defendant  has  not  paid  said  note,  or  any  part 
tliereof,  or  any  interest  thereon,  but  that  the  principal  sum  mentioned 
in  said  note,  with  interest  thereon  at  the  rate  of  ten  per  cent  per  an- 
num from  the  second  day  of  January,  1893,  is  now  wholly  due  and  un- 
paid, and  justly  owing  from  defendant  to  plaintifis,  as  administrators 
aforesaid. 

Wherefore  plaintiffs  pray  for  judgment  against  the  defendant  for  the 
sum  of  $500,  with  interest  at  the  rate  of  ten  per  cent  per  annum  from 
the  second  day  of  January,  1893,  together  with  all  costs  of  this  action, 
and  for  all  other  proper  relief. 

Hartman  Bros.  &  Stewart, 

Plaintiffs '  Attorneys. 

NOTE.— Precedent  in  Knight  r.  Le  Beau,  19  Mont.  223,  47  Pac.  952. 

No.  3139.    Complaint  on  Promissory  Note — Justice's  Court. 

$150.00.  Forest  Hill,  January  10th,  1875. 

For  value  received,  I  promise  to  pay  to  J.  McD.,  the  sum  of  $150,  sixty 
days  after  the  date  of  this  note,  at  three  per  cent  per  month  until  paid. 

J.  R. 

(Indorsed:)  For  value  received,  I  hereby  transfer  the  within  note  to 
J.  C.  B. 


J.  McD. 


(Indorsed:)  Pay  to  J.  H.  or  order. 


J.  C.  B. 
NOTE. — This  complaint  was  upheld:  Hamilton  v.  McDonald,  18  Cal.  128. 

No.  3140.     Complaint  on  Promissory  Note. 
[Caption.] 

Martin  White,  plaintiff  in  the  above-entitled  action,  complaining  of 
the  above-named  defendant,  alleges: 

That  at  the  time  and  place  therein  mentioned  defendant  executed  to 
plaintiff  a  promissory  note  in  writing  of  which  the  following  is  a  copy : 
[Here  the  note  was  set  out  in  haec  verba] .  Said  note  has  not  been  paid 
nor  any  part  thereof  except  the  interest  up  to  March  1,  1867,  and  that 
the  entire  principal  sum  of  said  note,  together  with  interest  from  March 
1,  1867,  is  now  due  from  the  defendant  to  the  plaintiff. 

Wherefore  the  said  plaintiff  prays  judgment  against  the  said  defend- 
ant for  the  sum  of  four  hundred  dollars,  and  interest  tliereon  from 
March  1,  1867,  and  costs  of  suit. 

,  Attorney  for  Plaintiff. 

NOTE.— Precedent  in  Hook  v.  White,  36  Cal.  300. 


1091  Promissory  Notes.  ForniiS  3141, 311lJ 

No.  3141.     Complaint  on  a  Partnership  Note. 
[Caption.] 

A.  F.  Redemeyer,  plaintiff  in  the  above-entitled  action,  complaining 
of  the  above-named  defendant,  alleges :    * 

I.  That  the  defendants  Wliitcomb  Henley,  Barclay  Henley  and 
Thomas  B.  Henley  are  no^y  and  at  all  times  lierein  named  have  been 
partners  doing  business  in  the  county  of  Mendocino,  state  of  California, 
under  the  firm  name  and  style  of  "W.  Henley  &  Bros." 

II.  That  on  the  fifteenth  day  of  April,  1893,  the  said  defendants 
Whitcomb  Henley,  Barclay  Henley  and  Thomas  B.  Henley,  partners  doing 
business  under  the  firm  name  of  "W.  Henley  &  Bros."  as  aforesaid,  by 
said  W.  Henley,  made  and  executed  their  said  promissory  note  in  writing, 
of  which  the  following  is  a  copy,  to  wit:  [here  set  out  the  note  in  haec 
verba],  and  then  and  there  delivered  the  same  to  plaintiff,  and  plaintiff 
is  now  the  lawful  owner  and  holder  thereof. 

III.  That  no  part  of  the  said  promissory  note,  either  principal  or 
interest  thereof,  has  been  paid.  That  there  is  remaining  due  and  unpaid 
by  said  defendant  to  the  said  plaintiff  on  said  promissory  note  the  sum 
of  one  thousand  sixty-one  dollars  and  sixty  cents  [the  amount  of  the 
note],  with  interest  thereon  from  the  fifteenth  day  of  April,  1893,  at 
the  rate  of  ten  per  cent  per  annum. 

Wherefore  the  said  plaintiff  prays  judgment  against  the  defendants 
for  the  sum  of  one  thousand  sixty-one  dollars  and  sixty  cents  and  in- 
terest thereon  from  the  fifteenth  day  of  April,  1893,  at  the  rate  of  ten 
per  cent  per  annum  and  costs  of  suit. 

,  Attorney  for  Plaintiff. 

[Verification.] 

NOTE.— Precedent  in  Eedemeyer  v.  Henley,  107  Cal.  176,  40  Pac.  a30. 

No.  3142.    Complaint  on  Lost  Note. 
[Caption  and  Commencement.] 

That  on  the  twenty-second  day  of  January,  1885,  the  said  defendant, 
J.  R.  King,  and  Wheatley  Bros.,  of  Bozeman,  Montana,  for  a  valuable 
consideration,  executed  and  delivered  to  the  said  Schuttler  &  Hotz,  as 
sucli  partners,  their  certain  promissory  note  of  that  date,  for  the  sum 
of  six  hundred  and  seventy-nine  and  seventy-four  lumdrcdths  ($679.74), 
due  on  the  thirteenth  day  of  September,  1885,  togetlier  with  interest 
after  maturity  at  the  rate  of  ten  per  cent  per  annum.  That  on  the  third 
day  of  January,  1887,  the  said  J.  R.  King  pnid  on  said  note  the  sum  of 
$91.69.  That  no  other  sum  or  amount  has  been  paid  on  said  note,  and 
that  there  is  now  due  and  unpaid  on  the  same  from  said  defendant  King 
the  sum  of  nine  hundred  and  seventy-seven  and  forty-seven  hundred tlis 
dollars  ($977.47),  principal  and  interest  to  this  sixth  day  of  July,  1891. 
That  the  said  plaintiffs  are  now  the  owners  of  said  note,  and  entitled  to 
receive  the  money  due  and  unpaid  thereon;  that  said  plaintiffs  or  either 


Forms  3143-3145         Cowdery's  Form  Book.  1092 

of  them,  have  not  indorsed  or  transferred  said  note,  but  the  same  since 
its  maturity  has  been  lost. 

,  Plaintiff's  Attorney. 

NOTE.— Precedent  in  Schuttler  v.  King,  13  Mont.  226,  33  Pac.  98. 

The  complaint  in  this  form  is  sufficient  though  it  does  not  annex  a  copy 
of  the  note:  Schuttler  v.  King,  13  Mont.  226,  33  Pac,  98;  Ward  v.  Clay.  8S 
Cal.  502,  23  Pac.  50,  227. 

No.  3143.    Answer  of  Payment  of  Note  in  Services. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  alleges: 

1.  That  after  the  said  promissory  note  became  payable,  and  before 

this  action,  to  wit,  on  the  day  of  ,  19—,  the  plaintiff  agreed 

to  receive,  and  the  defendant  agi-eed  to  render  to  the  said  plaintiff,  his 
services  as  a  teamster,  to  the  amount  of  said  note. 

2.  That  defendant  afterward,  according  to  the  said  agreement,  ren- 
dered such  services  to  the  plaintiff,  to  the  full  amount  due  and  payable 
on  the  said  note. 

[Signature.] 
[Verification.] 

NTo.  3144.    Answer  That  Note  was  Procured  by  Fraud. 

[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint,  and  alleges: 

1.  That  at  the  time  the  note  in  the  complaint  set  forth  was  made  k<; 

was  indebted  to  one  ,  bv  book  account,  in  the  sum  of  dollars 

($ ). 

2.  That  the  plaintiff  at  the  time  falsely  and  fraudulently  represented 
to  the  defendant  that  he  was  the  owner  and  assignee  of  said  account 
and  indebtedness,  and  thereby,  and  without  any  consideration  whatever, 
induced  the  defendant  to  make  said  note  to  him  in  satisfaction  and  dis- 
charge of  said  account. 

3.  That  the  said  representations  were  false,  and  that  the  plaintiff 
never  was  the  owner  or  assignee  of  said  account,  nor  had  he  any  bene- 
ficial interest  in  the  same. 

4.  That  the  defendant  was  misled  by  said  false  representations. 

[Signature.] 
[Verification.] 

No.  3145.    Answer  That  Notice  of  Dishonor  was  not  Given. 

[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint  and  alleges: 
Tliat  notice  of  dishonor  of  the  note  mentioned  in  the  complaint  was 

not  given  to  him. 

[Signature.] 
[Verification.] 


1093  Proof— Protest.  Form  3150 

PROOF. 

See  Affidavits. 

Proof  of  Debt  by  Agont  or  Attorr.ey,  No.  702. 

Proof  of  Debt  Due  Corporation,  No.  701. 

Proof  of  Labor,  No.  2632. 

Proof  of  Magistrate's  Handwriting,  No.  467. 

Proof  of  Ownership  and  Possession  in  Case  of  LosB  or  Absence  of  Mining 

Records,  No.  2635. 
Proof  of  Posting  Notice  and  Diagram  on  Mining  Claim,  No,  2630. 
Proof  of  Publication  on  Application  for  Mining  Patent,  No,  2639. 
Proof  of  Secured  Debt,  No.  700. 
Proof  of  Secured  Debt  by  Agent,  No.  703. 

Proof  of  Service  of  Special  Notice  of  Probate  Proceedings,  No.  2791. 
Proof  of  Unsecured  Debt,  No.  699. 

Proof  That  No  Known  Veins  Exist  in  a  Placer  Mining  Claim,  No.  2637. 
Proof  That  Plat  and  Notice  Remained  Posted  on  Claim  During  Time  of 

Publication,  No.  2640, 

PROTEST. 

3150.  Notice  of  protest. 

3151.  Protest  of  note  payable  at  particular  place  and  notices  mailed. 

3152.  Protest  of  note  presented  to  maker  personally  and  notice  served  on 

indorser  personally  or  delivered  at  place  of  business. 

3153.  Protest  where  maker  cannot  be  found  and  has  no  known  place  of 

business  or  residence. 

3154.  Protest  when  last  place  of  residence  or  business  can  be  ascertiuned 

but  maker  cannot  be  found. 

3155.  Protest  when  draft  is  accepted  "supra  protest." 

3156.  Notice  of  protest  of  draft  payable  at  sight. 

3157.  Maritime  protest  for  distress  of  weather — Notation  of. 

3158.  Maritime  protest  extended  before  same  notary. 

3159.  Certificate  to  copy  of  maritime  protest. 

3160.  Maritime  protest  extended  before  another  notary. 

CEO  SS-REFERENCE  S. 

Protest  and  Adverse  Claim  on  Application  for  Mining  Patent,  No.  2644. 
Protest  of  a  Director  of  a  Corporation  Against  Dividend  to  be  Spread  on 
the  Minutes,  No.  1318. 

No.  3150.    Notice  of  Protest. 
United  States  of  America, 
State  of  California, — ss. 

Sirs:  Please  take  notice  that  a  certain  promissory  note,  dated  May 
1,  1917,  for  the  sum  of  five  thousand  dollars,  payable  thirty  days  after 
date,  drawn  by  H.  J.,  in  favor  of  S.  W.,  and  indorsed  by  you,  was  this 
day  presented  by  me,  a  notary  public,  to  said  H.  J.,  the  maker  of  tlie 
said  note,  and  payment  therefor  demanded,  which  was  refused,  and  the 
said  promissory  note  having  been  dishonored,  tlie  same  was  this  day 
protested  by  me  for  the  nonpayment  thereof,  and  the  holder  looks  to 
you  for  the  payment  thereof,  together  with  all  costs,  charges,  interest, 


Form  3151  Cowdeby's  Form  Book.  1094 

expenses,  and  damages  already  accrued,  or  that  may  hereafter  accrue 
thereon  by  reason  of  the  nonpayment  of  said  promissory  note. 

[Seal.]  [Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  3231. 

Supra  protest  is  an  acceptance  or  payment  of  a  bill  by  a  third  person, 
made  for  the  honor  of  the  drawer,  after  protest  for  nonacceptance  or  non- 
payment by  the  drawee. 

No.  3151.    Protest  of  Note  Payable  at  Particular  Place  and  Notices 
Mailed. 

United  States  of  America. 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

On  the  third  day  of  June,  in  the  year  of  our  Lord  one  thousand  nine 
hundred  and  seventeen,  at  the  request  of  the  Bank  of  California,  holder 
of  the  promissory  note  hereinafter  set  forth,  I,  J.  M.,  notary  public,  duly 
commissioned  and  sworn,  dwelling  in  the  city  and  county  of  San  Fran- 
cisco, did,  during  business  hours  of  said  day,  present  the  original  promis- 
sory note  (a  copy  of  which  is  indorsed  on  the  reverse  of  this  sheet),  at 
the  Bank  of  California,  in  this  city,  where  the  same  is  made  payable, 
and  demanded  payment  thereof  from  the  paying  teller,  which  he  re- 
fused, saying:  "No  authority  to  pay." 

Wliereupon  I,  the  said  notary,  at  the  request  aforesaid,  did  protest, 
and  by  these  presents  do  publicly  protest,  as  well  as  against  the  maker 
and  indorsers  as  against  all  others  whom  it  doth  or  may  concern,  for 
exchange,  re-exchange,  and  all  costs,  damages,  and  interests,  already 
incurred  and  to  be  hereinafter  incurred  for  the  nonpayment  of  the  said 
promissory  note. 

I  do  hereby  certify  that  on  the  third  day  of  June,  A.  D.  1917,  notice 
of  protest,  demand  and  nonpayment  of  the  above-mentioned  promissory 
note  was  served  upon  A.  B.  and  C,  indorsers,  by  depositing  the  same 
in  the  United  States  postoffice  in  said  city,  postage  fully  prepaid  thereon 
directed  to  them  respectively  as  follows: 
Oakland,  California, 
San  Jose,  California, 
such  being  the  reputed  places  of  residence  of  said  respective  parties 
and  the   postoffice  nearest   thereto,   according  to   the   best  information 
I  could  obtain. 

Thus  done  and  protested,  in  the  city  and  county  of  San  Francisco, 
aforesaid,  the  days  and  years  above  written. 

[Seal]  J-  M., 

Notary  Public  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 


1095  Protest.  Forms  3152, 3153 

No.  3152.  Protest  of  Note  Presented  to  Maker  Personally  and  Notice 
Served  on  Indorser  Personally  or  Delivered  at  Place  of 
Business. 

United  States  of  America. 
State  of  California, 
City  and  County  of  San  Fnnicisco, — ss. 

On  tlie  third  day  of  June,  in  the  year  of  our  Loi-d  one  thonsand  nine 
hundred  and  seventeen,  at  the  request  of  the  Bank  of  California,  liolder 
of  the  promissory  note  hereinafter  set  forth,  I,  J.  M.,  notary  public, 
duly  commissioned,  and  s^vorn,  dwelling  in  the  city  and  county  of  San 
Francisco,  did,  during  business  hours  of  said  day,  present  the  oViginal 
promissory  note  (a  copy  of  which  is  indorsed  on  the  reverse  of  this 
sheet),  to  the  maker  in  the  city  and  county  of  San  Francisco,  and  de- 
manded payment  tliereof  from  him  personally,  which  he  refused,  saying, 
"I  eannot  pay  this  to-day," 

Whereupon  I,  the  said  notary,  at  the  request  aforesaid,  did  protest, 
and  by  these  presents  do  publicly  protest,  as  well  as  against  the  maker 
and  indorsers  as  against  all  others  whom  it  doth  or  may  concern,  for 
exchange,  re-cxchange,  and  all  costs,  damages,  and  interests  already 
incurred  and  to  be  hereinafter  incurred  for  the  nonpayment  of  the  said 
promissory  note. 

I  do  hereby  certify  that  on  the  third  day  of  June,  A.  D.  1917,  notice 
of  protest,  demand  and  nonpayment  of  the  above-mentioned  promissory 
note  was  served  upon  H.  0.,  indorser,  by  delivering  the  same  to  him 
personally  in  said  city,  [Or  upon  D.  F.,  indorser,  by  delivering  the 
same  at  his  place  of  business,  No.  32.5  ]\Iontgomery  street,  in  this  city, 
to  a  pcr^^on  of  discretion,  in  charge,  apjDarently  acting  for  him.] 

[Seal]  [Signature.] 

No.  3153.    Protest  Where  M?ker  cannot  be  Found  and  has  No  Known 

Pla.ce  of  Business  or  Residence. 
United  States  of  America, 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

On  the  third  day  of  June,  in  the  year  of  our  Lord  one  thousand  nine 
hundred  and  seventeen,  at  the  request  of  tlie  Bank  of  California,  holder 
of  the  promissory  note  hereinafter  set  forth,  I,  J.  M.,  notary  public 
duly  commissioned  and  sworn,  dwelling  in  the  city  and  county  of  San 
Francisco,  did,  during  business  hours  of  said  day,  present  the  original 
promissory  note  (a  copy  of  which  is  indorsed  on  the  reverse  of  this 
sheet),  to  several  persons,  at  several  places  in  said  city,  and  did 
make  due  and  diligent  search  and  inquiry  for  the  maker  to  demand  pay- 
ment thereof,  but  I  could  not  find  him  nor  anyone  to  pay  said  note.  I 
was  credibly  informed  that  said  A.  B.  did  not  reside  here,  and  had  no 
office  or  place  of  business  in  San  Francisco. 


Forms  3154, 3155         Cowdery's  Form  Book.  1096 

Whereupon  I,  the  said  notary,  at  the  request  aforcsaicl,  did  protest, 
and  by  these  presents  do  publicly  protest,  as  well  as  against  the  maker 
and  indorsers  as  against  all  others  whom  it  doth  or  may  concern,  for 
exchange,  re-exchange,  and  all  costs,  damages,  and  interests  already 
incurred  and  to  be  hereinafter  incurred  for  the  nonpayment  of  the  said 
promissory  note. 

I  do  hereby  certify,  that  on  the  4th  day  of  June,  A.  D.  1917,  notice 
of  protest,  demand  and  nonpayment  of  the  above-mentioned  promissory 
note  was  served  upon  A.  B.  and  C,  indorsers,  by  depositing  the  same  in 
the  United  States  postoffice  in  this  city,  postage  fully  prepaid  thereon, 
directed  as  follows :  At  their  last  known  places  of  residence,  such  being 
the  reputed  places  of  residence  of  said  respective  parties  and  the  post- 
)ffices  nearest  thereto,  according  to  the  best  information  I  could  obtain. 

[Seal]  [Signature.] 

No.  3154.    Protest  When  Last  Place  of  Residence  or  Business  can  be 
Ascertained  but  Maker  cannot  be  Pound. 

United  States  of  America. 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

On  the  third  day  of  June,  in  the  year  one  thousand  nine  hundred  and 
seventeen,  at  the  request  of  the  Bank  of  California,  holder  of  the  promis- 
sory note  hereinafter  set  forth,  I,  J.  M.,  notary  public,  duly  commis- 
sioned and  sworn,  dwelling  in  the  city  and  county  of  San  Francisco,  did, 
during  business  hours  of  said  day,  present  the  original  promissory  note 
(a  copy  of  which  is  indorsed  on  the  reverse  of  this  sheet),  at  No. 
37,262  California  Street,  in  this  city,  which  I  was  informed  was  the  last 
reputed  place  of  residence  in  this  city  of  J.  S.,  the  maker,  and  demanded 
payment  thereof  from  a  person  in  charge  competent  to  give  answers, 
which  he  refused,  saying,  "J.  S.  formerly  lived  here,  but  I  do  not  know 
his  present  address. ' ' 

Whereupon  I,  the  said  notary,  at  the  request  aforesaid,  did  protest, 
and  by  these  presents  do  publicly  protest,  as  well  as  against  the  maker 
and  indorsers  as  against  all  others  whom  it  doth  or  may  concern,  for 
exchange,  re-exchange,  and  all  costs,  damages,  and  interests  already  in- 
curred and  to  be  hereinafter  incurred  for  the  nonpayment  of  the  said 

promissory  note. 

[Signature.] 

No.  3155.    Protest  When  Draft  is  Accepted  "Supra  Protest." 

United  States  of  America. 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

On  the  third  day  of  June,  in  the  year  one  thousand  nine  hundred  and 
seventeen,  at  the  request  of  the  Bank  of  California,  holder  of  the  bill 


1097  Protest.  Forms  3156, 3157 

of  exclianee  hereinafter  set  forth,  I,  J.  M.,  notary  public,  duly  commis- 
sioned and  sworn,  dwelling  in  the  city  and  county  of  San  Francisco,  did, 
during  business  hours  of  said  day,  present  the  original  bill  of  excliange 
(a  copy  of  which  is  indorsed  on  the  reverse  of  this  sheet),  at  the  place 
of  business  of  A.  B.  &  Co.,  the  drawers,  No.  3703  Maple  Street,  in  this 
city,  and  demanded  acceptance  thereof  from  a  member  of  the  firm,  which 
he  refused  saying,  "No  advice."  I  then  presented  said  draft  to  C.  D., 
the  drawee,  in  case  of  need,  and  demanded  acceittance  thereof  from  him, 
to  wliich  ho  replied,  "I  will  accept  this  'supra  protest'  for  the  honor 
of  E.  r.  &  Co.,  the  drawers." 

Whereupon,  I,  the  said  notary,  at  the  request  aforesaid,  did  protest, 
and  by  these  presents  do  publicly  protest,  as  well  as  against  the  drawer, 
indorsers,  as  against  all  others  whom  it  doth  or  may  concern,  for  ex- 
change, re-exchange,  and  all  costs,  damages  and  interests,  already 
incurred  and  to  be  hereinafter  incurred  for  the  nonacceptauce  of  the 
said  bill  of  exchange. 

I  do  hereby  certify,  that  on  the  fourth  day  of  June,  A.  D.  1917,  no- 
tice of  protest,  demand  and  nonacceptauce  of  the  above-mentioned  bill 
of  exchange  was  served  upon  the  drawers  and  indorsers,  by  depositing 
the  same  in  the  United  States  postoffice  in  this  city,  postage  fully  pre- 
paid thereon,  directed  to  them  respectively,  as  follows; 

E.  F.  &  Co.,  Hamburg,  Germany. 

C.  D.  &  Co.,  London,  England. 

A.  G.  &  Co.,  New  York,  N.  Y. 
— such  being  the  reputed  places  of  residence  of  said  respective  pnities, 
and  the  postoffices  nearest  thereto,  according  to  the  best  information  I 
could  obtain. 

[Seal]  [Signature.] 

No.  3156.    Notice  of  Protest  of  Draft  Payable  at  Sight. 

San  Francisco,  Cal.,  June  3d,  1917. 

Sir:  Please  take  notice  that  a  certain  draft,  dated  May  3,  1917,  for 
one  thousand  dollars  payable  at  sight,  drawn  by  A.  B.  on  C.  D.,  San 
Francisco,  California,  in  favor  of  and  indorsed  J.  D.,  also  indorsed  L.  M., 
was  this  day  protested  by  me  for  the  nonpayment  thereof,  and  the 
holders  look  to  you  for  the  payment  thereof,  together  with  all  costs, 
charges,  interests,  expenses  and  damages  already  accrued  or  that  may 
hereafter  accrue  thereon  by  reason  of  the  nonpayment  of  said  draft. 

To  J.  D.  and  L.  M. 

[Seal]  [Signature.] 

No.  8157.    Maritime  Protest  for  Distress  of  Weather — Notation  of. 

State  of , 

County  of ,  ss. 

On  this day  of ,  19 — ,  before  me, a  notary  public,  duly 

commissioned  and  sworn,  for  the  county  of  aforesaid,  personally 


Form  3157  Cowdery's  Form  Book.  1098 

appeared  ,  master  of  the  ship  ,  and,  being  by  me  duly  sworn, 

says  that  said  ship  is  now  lying  in  the  port  of  ;  that  he  brought 

her  therein  on  the  day  of  ,  19 — ,  at  about  the  hour  of  

o'clock  A.  M.j  that  said  vessel  is  from  the  port  of  ,  is  loaded  with 

a  cargo  of ,  and  is  bound  for  the  port  of  ,  the  state  of  ; 

and  that,  having  experienced  heavy  weather  on  the  passage,  which , 

and,  fearing  further  damage,  the  said now  enters  with  me,  the  said 

notary,  in  due  form  of  law,  his  protest,  to  serve  as  occasion  may  require, 
reserving  to  himself  the  right  to  extend  the  same  in  time  and  place  con- 
venient. 

[Signature.] 

Subscribed  and  sworn  to  before  me  on  the  date  first  above  written. 

[Seal]  [Official  signature.] 

NOTE. — Marine  protests  are  declarations  of  the  master  and  others  of  a 
vessel,  authenticated  by  a  notary,  setting  forth  the  circumstances  of  a 
voyage,  particularly  in  the  event  of  any  accident  to  the  vessel  or  crew,  or 
disaster  of  any  kind.  Such  a  protest  is  first  to  be  made  within  twenty- 
four  hours  of  arrival,  or  at  furthest  within  forty-eight  hours  after  such  time. 

It  is  customary  for  the  master  of  a  vessel  arriving  in  a  port  of  destina- 
tion to  cause  an  entry  or  note  of  protest  to  be  made,  which  is  signed  by 
him  at  the  office  of  a  notary.  It  is  the  duty  of  a  master  to  do  this  when 
some  mishap  or  accident  has  befallen  a  vessel  during  the  voyage,  dis- 
abling either  the  vessel  or  her  crew,  or  injuring  her  cargo.  In  such  cases, 
the  protest  may  become  a  very  useful  and  important  matter — a  basis  on 
which  adjustment  for  losses  may  be  made,  and  for  reference  in  calculating 
general  average. 

If  an  accident  befalls  a  vessel  during  her  voyage,  it  is  the  duty  of  the 
master  to  go  before  a  notary,  at  the  first  port  he  reaches,  and  cause  an 
entry  or  note  of  protest  of  this  to  be  made.  After  arriving  at  the  port 
of  destination,  a  more  formal  and  regular  protest  is  made  by  the  master 
and  others  of  the  crew,  such  as  the  mate  and  a  seaman,  who  subscribe 
and  make  oath  thereto  before  a  notary,  who  may  be  the  one  before  whom 
the  first  entry  was  made,  or  a  different  one. 

No  particular  form  is  prescribed,  but  the  protest  should  contain  a  decla- 
ration or  narrative  of  the  particulars  of  the  voyage,  of  the  storms  or  bad 
weather  which  the  vessel  has  encountered,  the  accidents  which  have 
occurred,  and  which  have  compelled  the  master,  if  at  an  intermediate 
port,  to  resort  to  it,  and  of  the  conduct  which,  in  cases  of  emergency,  he 
had  thought  proper  to  pursue:  See  Abbott's  Merchant  Ships  and  Seamen, 
p.  575.     A  few  words  are  sufficient  for  the  protesting  part. 

It  is  provided  in  section  2891  of  the  Revised  Statutes  of  the  United 
States:  "If  any  vessel  from  any  foreign  port,  compelled  by  distress  of 
weather,  or  other  necessity,  shall  put  into  any  port  of  the  United  States, 
not  being  destined  for  the  same,  the  master,  together  with  the  mate  or 
person  next  in  command,  may,  within  twonty-four  hours  after  her  arrival, 
make  protest  in  the  usual  form  upon  oath,  before  a  notary  public  or  other 
person  duly  authorized,  or  before  the  collector  of  the  district  where  the 
vessel  arrives,  setting  forth  the  cause  or  circumstances  of  such  distress 
or  necessity.  Such  protest,  if  not  made  before  the  collector,  shall  be 
produced  to  him,  and  to  the  naval  officer,  if  any,  and  a  copy  hereof  lodged 
with  him  or  them.  The  master  shall  also,  within  forty-eight  hours  after 
such  arrival,  make  re]iort  in  writing  to  the  collector,  of  the  vessel  and  her 
cargo,   as  is  directed   hereby  to   bo   done   in   other  cases." 

A  note  of  protest  is  a  note  or  minute  of  protest,  made  by  the  notary  at 
the  time  of  protest,  to  be  filled  out  later  more  in  detail. 


1099  Protest.  Forms  3158, 3159 

No.  3158.    Maritime  Protest  Extended  Before  Same  Notary. 
United  States  of  America, 
State  of . 


County  of ,  ss. 

Be  it  known,  by  this  public  instrument-  of  protest,  to  all  to  whom  these 

presents  sliall  come  that,  on  the day  of ,  19 — ,  before  me, , 

a  notaiy  public,  duly  commissioned  and  sworn,  for  the  county  of  

aforesaid,  there  personally  appeared  ,  master  of  the  ship  ,  to- 
gether with ,  the  mate  in  command  of  said  ship,  and ,  a  seaman 

thereof,  who,  being  by  me  severally  and  duly  sworn,  eaeli  for  himself, 
and  not  one  for  the  other,  declares  on  his  oatli  (protest  having  been  duly 

noted  before  me  on  arrival)   that  said  ship  is  of  tons  burden,  or 

thereabouts,  and  is  now  lying  in  the  port  of  ;  tliat  affiants  sailed 

into  this,  the  port  of  ,  with  said  vessel,  on  the  day  of  , 

191 — ,  at  about  the  hour  of o'clock  A.  M.,  from  the  port  of , 

with  a  cargo  of ,  bound  for  the  port  of ,  in  the  state  of ; 

that  heavy  weather  was  experienced  on  the  passage,  which  ;  and 

that  any  loss,  damage,  or  injury  which  has  arisen  or  accrued,  as  well 
as  loss,  damage  or  injury  which  may  hereafter  be  sustained  by  reason 
of  the  condition  of  said  ship,  has  been  occasioned  solely  by  the  rircuin- 
stances  hereinbefore  stated,  and  cannot  or  ought  not  to  be  attributed  to 
any  negligence,  want  of  skill,  vigilance,  or  exertion  on  the  part  of  the 
said  appearers,  or  any  of  the  officers  or  men  of  the  said  ship. 

[Signatures.] 

Subscribed  and  sworn  to  [etc.] 

[Seal]  [Official  signature.] 

Wherefore,  the  said  ,  master  as  aforesaid,  hath  requested  me  to 

protest,  and  I,  the  said  notary,  at  sucli  his  request,  have  protested,  and 
by  these  presents  do  publicly  and  solemnly  protest,  against  all  and 
every  person  and  persons  wliom  it  doth,  sliall,  or  may  concern,  and 
against  all  and  singular  the  accidents,  casualties,  and  circumstances 
already  set  forth  in  the  foregoing  declaration,  for  all  manner  of  losses, 
costs,  damages,  charges,  expenses  and  injuries  whatsoever  which  the 
said  ship  and  her  cargo  on  board,  and  the  freight  by  her  earned,  or  to 
be  earned,  or  eitlier  of  them,  or  any  part  thereof,  have  already  sus- 
tained, or  may  hereafter  sustain,  by  reason  or  means  of  the  circum- 
stances hereinbefore  stated. 

Thus  done  and  protested  by  me,  at ,  the  day  and  year  first  above 

written. 

[Seal]  [Official  signature.] 

No.  3159.    Certificate  to  Copy  of  Maritime  Protest. 

State  of , 

County  of  ,  ss. 

I,  ,  a  notary  public  in  and  for  said  county  and  state,  duly  com- 
missioned and  sworn,  residing  at ,  in  said  county,  do  hereby  certify 


Forms  3160-3180         Cowdery's  Book  Form.  1100 

that  the  foregoing  is  a  true  and  exact  copy  of  an  original  protest  on 
record  in  my  office. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed  my 
notarial  seal  this day  of ,  191 — . 

[Seal]  [Official  signature.] 

No.  3160.    Maritime  Protest  Extended  Before  Another  Notary. 
United  States  of  America. 

State  of , 

County  of ,  ss. 


Be  it  known,  by  this  public  instrument  of  protest  to  all  whom  it  may 

concern  that  on  the day  of ,  191—,  before ,  a  notary  pi;b- 

lic  of  ,  personally  appeared  ,  master  of  the  ship  ,  of  the 

burden  of  about tons,  and  noted  with  him  in  due  time,  and  in  due 

form  of  law,  his  protest,  for  the  uses  and  purposes  hereinafter 
mentioned. 

And  now,  on  this  day  of ,  191—,  before  me,  [etc.], 

comes  the  said ,  master,  and  requires  me  to  extend  his  said  protest, 

and  with  him  appear  and  ,  the  mate  and  a  seaman,  respec- 
tively, of  said  vessel,  who  being  by  me  severally  and  duly  sworn,  each 

for  liimself,  and  not  one  for  the  other,  declares  on  oath  that  [set 

out  cirei;mstances]. 

[Seal]  [Signature.] 

PROXY. 

Proxy — Accompanierl  by  Ballot,  No.  1310. 

Proxy  to  Vote,  No.  1317. 

Proxy  to  "Vote  at  Annual  Election,  No.  1309. 

QUIETING  TITLE. 

See  Eestoration  of  Title. 

3180.  Complaint  to  ciuiet  title. 

3181.  Complaint  to  quiet  title  to  mining  claim. 

3182.  Complaint  to  Quiet  title. 

3183.  Notice  of  pendency  of  action  to  quiet  title. 

3184.  Complaint  to  determine  conflicting  claims  to  real  property — North 

Dakota, 

No.  3180.    Complaint  to  Quiet  Title, 
[Title  of  Court  and  Cause.] 

J.  D.,  the  plaintiff  in  this  action,  complains  of  the  above-named  de- 
fendants, and  for  cause  of  action  alleges: 

That  the  plaintiff,  above  named,  is  now,  and  for  a  long  time  hitherto 
has  been,  the  owner,  and  in  possession  of  that  certain  piece  or  parcel 
of  land  situate,  lying,  and  being  in  said  county  of  San  Mateo,  and 
bounded  and  described,  as  follows,  to  wit:   [Description.] 


1101  Quieting  Title.  Form  3181 

And  plaintiff  fnrther  avers  that  the  said  defendants  claim  and  assert 
an  interest  [or  interests]  therein  adverse  to  the  plaintiff,  and  that  the 
claims  of  said  defendants  are  witliont  any  ri;n^ht  whatever,  and  that  the 
said  defendants  have  not,  nor  have  eitlicr  of  them,  any  estate,  right, 
title,  or  interest  whatever,  in  said  land  or  premises,  or  any  part 
thereof. 

Wherefore,  plaintiff  prays  that  said  defendants  may  be  required  to 
set  forth  the  nature  of  their  several  claims,  and  that  all  adverse  claims 
of  the  said  defendants,  or  either  of  them,  may  be  determined  by  a  de- 
cree of  this  court;  and  tliat  by  said  decree,  it  be  declared  and  adjudged 
that  said  plaintiff  is  the  owner  of  said  premises,  and  that  the  defend- 
ants, or  either  of  them,  have  no  estate  or  interest  whatever  in  or  to 
said  land  and  premises ;  and  also  that  the  said  defendants,  and  each 
and  every  of  them,  be  forever  debarred  from  asserting  any  claim  what- 
ever in  or  to  said  land  and  premises  adverse  to  the  plaintiff,  and  for 
such  other  and  further  relief  as  to  equity  shall  seem  meet. 

[Signature.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  1307;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sees.  1623-1626;  California,  Code  Civ.  Proc,  sec.  738  et  seq.; 
Colorado,  Mill's  Ann.  Stats.  1912,  sees.  255,  256;  Hawaii,  Eev.  Code  1915, 
sees.  2750-2753;  Idaho,  Eev.  Codes  1907,  sec.  4538;  Kansas,  Gen.  Stats.  1915, 
sec.  7522  et  seq.;  Montana,  Eev.  Codes  1907,  sees.  6870-6882;  Nebraska, 
Eev.  Code  1913,  sec.  6266  et  seq.;  Nevada,  Rev.  Laws  1912,  sec.  5514  et  seq.; 
New  Mexico,  Stats.  Ann.  1915,  sec.  4387  et  seq.;  North  Dakota,  Comp.  Laws 
1913,  sees.  8144-8165;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  4927  et 
seq.;  Oregon,  Lord's  Oregon  Laws,  sec.  516  et  seq.;  South  Dakota,  Comp. 
Laws  1913,  sec.  5449  et  seq.;  Utah,  Comp.  Laws  1907,  see.  3511;  Washington, 
Rem.  Code,  sec.  785  et  seq.;  Wyoming,  Comp.  Stats.  1910,  sec.  4964. 

No.  3181.    Complaint  to  Quiet  Title  to  Mining  Claim. 
[Title  of  Court  and  Cause.] 

Now  comes  the  above-named  plaintiffs,  by  their  attorneys,  Eagon  & 
Armstrong,  and  for  cause  of  action  allege  that  on  tlie  nineteenth  day 
of  June,  1883,  by  an  order  of  superior  court  of  said  Amador  county 
duly  made  on  that  day,  and  before  the  filing  of  this  complaint,  the  same 
James  Thompson  was  appointed  guardian  ad  litem  for  A.  Thompson, 
a  minor;  that  plaintiffs  are  now,  and  for  a  long  time  hitherto  have  been 
the  owners  of,  in  the  possession  of,  and  entitled  to  the  possession  of, 
that  certain  piece  or  parcel  of  land  situated.  Ijang,  and  being  in  the 
county  of  Amador,  state  of  California,  and  bounded  and  particularly 
described  as  follows:  The  N.  1/2  of  the  N.  1/2  of  SE.  i^  and  the  N.  1/2 
of  the  S.  1/2  of  NE.  i^  of  SE.  14  of  section  17,  and  the  W.  1/2  of  the 
NW.  1/4  of  the  SW.  1/4  of  section  16,  township  (5)  five  north,  range  ten 
east,  M.  D.  M.,  containing  70  acres;  that  said  defendant  claims  an  estate 
and  interest  in  tlie  above-described  tract  of  land  adverse  to  the  said 
plaintiffs;  that  the  said  claim  of  defendant  is  without  any  right  wliat- 
ever,  and  that  said  defendant  has  not  any  estate,  riglit,  title  or  interest 
Avhatover  in  the  said  land  or  premises,  or  any  part  thereof. 


Form  3182  Cowdery's  Form  Book.  1102 

Wherefore  plaintiffs  pray  for  judgment, 

(1)  That  defendant  may  be  required  to  set  forth  the  virtue  of  his 
claim,  and  that  all  adverse  claims  of  the  defendant  may  be  determined 
by  a  decree  of  this  court. 

(2)  That,  by  said  decree,  it  be  adjudged  that  the  defendant  has  no 
estate  or  interest  whatever  in  or  to  said  land  in  this  complaint 
described,  and  that  the  right,  title  and  interest  of  the  plaintiffs  therein 
to  said  land  is  good  and  valid. 

(3)  That  the  defendant  be  forever  enjoined  and  restrained  from  in 
any  manner  interfering  with  said  property,  or  entering  upon,  or  exer- 
cising acts  of  ownership  over  the  same,  as  well  as  from  in  any  manner 
interfering  with  plaintiff's  use,  occupation  and  control  of  said  premises, 
and  that  plaintiff's  title  be  quieted  against  the  claim  of  the  defendant, 
and  for  such  other  and  further  relief  as  may  be  proper  in  the  premises, 
and  the  plaintiff  will  ever  pray,  etc. 

,  Attorney  for  PlaintiflE. 

[Verification.] 

NOTE.— Precedent  in  Thompson  v.  Spray,  7S  Cal.  528,  14  Pac.  1S3. 

No.  3182.    Complaint  to  Quiet  Title. 

[Title  of  Court  and  Cause.] 

The  above-named  plaintiffs,  by  Jeremiah  Mason,  his  attorney,  com- 
plains of  the  above-named  defendant,  and  for  cause  of  action  alleges : 

1.  That  the  plaintiffs  are  now,  and  for  a  long  time  have  been,  and  are 
entitled  to  be,  in  the  possession  of  certain  real  property,  situated,  lying 
and  being  in  the  county  of  Laramie  and  state  of  Wyoming,  known  and 
described  as  follows,  to  wit :  Lot  numbered  1  in  section  numbered  23,  in 
township  numbered  14  north,  of  range  numbered  67  west  of  the  sixth 
principal  meridian. 

2.  That  the  said  plaintiffs  claim  title  in  fee  to  the  said  premises,  and 
that  tlio  defendant  aforesaid  claims  an  estate  or  interest  therein  adverse 
to  the  said  jjlaintiffs. 

3.  That  the  claim  for  said  defendant  is  without  any  right  whatever, 
and  that  the  said  defendant  has  not  any  estate,  right,  title  or  interest 
whatsoever  in  said  land  or  premises,  or  any  part  thereof. 

Wlierofore  plaintiffs  pray  that  defendant's  claim  may  be  declared 
null  and  void;  that  plaintiffs'  title  may  be  quieted,  and  for  all  other 
proper  relief. 

,  Plaintiffs'  Attorney. 

[Verification.] 

NOTE. — Precedent  in  Durell  v.  Abbott,  6  Wyo.  265,  269,  44  Pac.  647.  A 
demurrer  to  the  petition  in  this  ease,  on  the  ground  that  the  allegation  that 
plaintiff  claims  title  in  fee  is  not  sufficient,  but  that  the  nature  of  the  title 
should  be  Bet  up,  was  overruled. 


1103  Quieting  Title.  Forms  3183, 31S4 

No.  3183.    Notice  of  Pendency  of  Action  to  Quiet  Title. 

[Title  of  Court  and  Cause.] 

Notice  is  hereby  given,  that  an  action  has  been  commenced  in  the 
superior  court  of  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, by  the  above-named  plaintiff,  against  the  above-named  defend- 
ants, to  quiet  the  title  to  the  premises  and  real  estate  in  the  complaint 
in  the  said  action,  and  hereinafter  described,  and  to  determine  all  and 
every  claim,  estate,  or  interest  therein  of  said  defendants,  or  either  or 
any  of  them,  adverse  to  the  said  plaintilT,  and  the  premises  affected  by 
this  suit  are  situated  in  the  said  city  and  county,  and  are  bounded  and 
described  as  follows,  to  wit:   [Description.] 

Dated . 

,  Attorney  for  Plaintiff. 

NOTE.— California,  Code  Cit.  Proc,  sec.   409. 

No.  3184.     Complaint  to  Determine  Conflicting  Claims  to  Real  Property 

— North  Dakota. 
[Title  of  Court  and  Cause.] 

The  plaintiiT  for  cause  of  action  shows  to  the  court  that  he  has  an 
estate  in,  interest  in,  or  lien  or  encumbrance  upon,  the  followin'^ 
described  real  property,  situate  in  the  above-named  county  and  state, 

to  wit:  ;  and  that  the  defendants  claim  certain  estates  or  interests 

in,  or  liens  upon,  the  same  adverse  to  plaintiff. 

Wherefore  plaintiff  prays  that  the  defendants  be  required  to  set 
forth  all  their  adverse  claims  to  the  property  above  described,  and  that 
the  validity,  superiority  and  priority  thereof  be  determined;  that  the 
same  be  adjudged  null  and  void,  and  that  they  be  decreed  to  have  no 
estate  or  interest  in,  or  lien  or  encumbrance  upon,  said  property;  that 
his  title  be  quieted  as  to  such  claim,  and  that  defendants  be  forever 
debarred  and  enjoined  from  further  asserting  the  same;  that  he  re- 
cover possession  of  the  premises  described;  that  he  recover  dol- 
lars   ($ ),   as  the  value   of  the  use   and  occupation,   and   value   of 

property  wasted  and  removed  therefrom ;  and  that  he  have  such  other 
general  relief  as  may  be  just,  together  with  costs  and  disbursements. 

[Signature.] 

[Vei'ifieation.] 

NOTE.— See  N.  D.  Comp.  Laws  1913,  sec.  1847. 

In  an  action  for  the  determination  of  adverse  claims,  the  property  must 
be  described  in  the  complaint  with  snch  certainty  as  to  enable  an  officer  upon 
execution  to  identify  it.  This  complaint  is  probably  better  known  in  North 
Dakota  as  one  to  determine  conflicting  claims  to  real  property. 


Form  3200  Cowdery's  Form  Book.  llOi 


QUITCLAIM  DEEDS. 

Quitclaim  Deed,  No.  1447. 
Quitciaim  Deed — Another  Form,  No.  1448. 
Quitclaim  Deed — Arizona,  No.  1452. 
Quitclaim  Deed — Utah,  No.  1454. 
Quitclaim  Deed — Washington,  No.  1464. 
Quitclaim  Deed — Wyoming,  No.  1465. 

QUO  WARRANTO. 

3200.  Complaint  In  quo  warranto. 

3201.  Answer  in  quo  warranto. 

No.  3200.    Complaint  in  Quo  Warranto. 

In  the  Superior  Court  of  the  State  of  Washington,  for  the  County  of 

Chehalis. 

The  State  of  Washin^on,  on  the 
Relation  of  Edward  Tremblay, 
Plaintiff, 
against 
John  McQuade, 

Defendant. 

The  relator  above  named,  complaining  of  the  defendant  above  named, 
for  cause  of  action  alleges  that  the  town  of  Gilman,  during  all  of  the 
time  and  times  herein,  was  and  is  a  municipal  corporation  of  the  fourth 
class,  organized  and  existing  under  the  laws  of  the  state  of  Washing- 
ton; that  on  the  ninth  day  of  January,  1894,  one  John  MeQuade  was 
appointed  marshal  of  said  town  of  Gilman  by  the  common  council  of 
said  town,  to  hold  said  office  at  the  pleasure  of  said  council,  and  said 
MeQuade  immediately  thereafter  entered  upon  the  duties  of  said  office 
and  continued  therein  until  his  removal  as  herein  alleged;  that  on  the 
sixth  day  of  July,  1894,  said  respondent  McQaade  was  duly  removed 
from  said  office  by  said  council  for  cause  deemed  sufficient,  by  resolution 
entered  upon  the  records  of  said  council;  that  immediately  after  the 
removal  of  the  respondent  as  aforesaid,  said  Tremblay  was  duly  ap- 
pointed town  marshal  by  the  council  of  said  town  to  fill  the  vacancy 
caused  by  the  removal  of  said  respondent  as  aforesaid ;  that  said  Trem- 
blay accepted  the  said  office  and  in  the  form  and  Avithin  the  time 
required  by  law  and  the  ordinances  of  said  town,  took  and  subscribed 
the  constitutional  oath  of  office  and  filed  the  same  with  the  clerk  of  said 
town,  and  executed  the  official  bond  required  by  law  and  the  ordinances 
of  said  town,  which  bond  was  duly  approved  by  the  council  of  said 
town  and  the  same  filed  with  the  clerk  of  said  town,  and  the  said  relator 
thereby  became  entitled  to  hold  said  office  of  marshal;  that  said  Trem- 
blay, after  qualifying  for  said  office  and  filing  said  bond,  demanded  of 
said  respondent  the  possession  of  said  office,  togetlier  with  all  books, 
papers  and  records  thereof,  and  of  the  keys  of  the  tovn\  jail  and  one 


1105  Quo  Warranto.  Form  3201 

certain  revolver,  all  of  said  propertj'  belonging  to  said  town  and  per- 
taining to  said  office  of  marslial,  and  said  respondent  has  at  all  times 
refused  and  docs  now  refuse  to  comply  with  said  demand;  that  said 
respondent  still  continues  to  hold,  exercise  and  usurp  said  office  of 
marshal  to  the  exclusion  of  said  Tremblay;  that  by  reason  of  tlic 
usurpation  of  said  office  by  said  McQuade  unlawfully  exercising  tlie 
rights  of  said  office,  this  relator  has  been  damaged  in  the  sura  of  fifty 
dollars. 

Wherefore  the  relator  demands  judgment  that  the  defendant  be  ousted 
from  and  the  relator  be  inducted  into  said  office,  that  relator  recover 
said  sura  of  fifty  dollars  damages,  and  his  costs  of  this  action,  and  foi 
other  proper  relief. 

Jeremiah  Mason, 
Attorney  for  Relator. 

NOTE. — Precedent  in  State  v.  McQuade,  12  Wash.  556. 
On   demurrer,  the  complaint  or  information  in  this  case  was  held  to  state 
clearly  a  cause  of  action  against  the  defendant. 

No.  3201.    Answer  in  Quo  Warranto. 
[Title  of  Court  and  Cause.] 

Now  comes  the  defendant,  and  for  answer  to  the  petition  of  said 
plaintiff  denies  each  and  every  allegation  therein  contained. 

(2)  For  further  answer  to  the  petition  of  said  plaintiff  said  defend- 
ant alleges  and  avers  that  for  more  than  thirty  days  prior  to  the  last 
general  election,  on  November  3,  1874,  there  was  a  vacancy  in  the  office 
of  judge  of  said  sixth  judicial  district;  that  said  defendant,  at  said 
election,  by  the  electors  of  said  district,  was  duly  elected  to  fill  said 
vacancy,  and  on  the  twenty-eighth  day  of  November,  1874,  received 
from  the  state  board  of  canvassers  of  said  state  his  certificate  of  elec- 
tion therefor,  and  on  the  twelftli  day  of  December,  1874,  and  between 
the  fourteenth  day  of  said  montli,  duly  qualified  for  said  office,  and 
entered  upon  his  duties  as  such  judge,  and  has  ever  since  said  time 
held  and  discharged  the  duties  of  said  office,  and  does  now;  and  said 
defendant  avers  that  any  pretended  appointment  or  commission  whicli 
tlie  plaintiff  may  have  as  judge  of  said  district  was  and  is  without 
autliority  of  law. 

,  Attorney  for  Defendant. 

[Verification.] 

NOTE.— Precedent  in  Bawden  v.  Stewart,  14  Kan.  356. 
Form  Book — 70 


Foriii  3205  Cowdery's  Form  Book.  1106 

RAILROAD  COMMISSION. 

3205.  Formal  complaint  before  Railroad  Cominission. 

3206.  Order  to  satisfy  or  answer  a  complaint. 

3207.  Answer  to  forn:'al  complaint  before  Railroad  Commission. 

3208.  Notice  of  hearing  on  complaint  before  Railroad  Commission. 

3209.  Formal  application  before  Railroad  Conunission. 

3210.  Published  notice  of  hearing  on  application  before  Railroad  Commis- 

sion. 

3211.  Application  for  permission  to  issue  bonds. 

No.  3205.    rormal  Complaint  Before  Railroad  Commission. 

Before  the  Railroad  Commission  of  the  State  of  California. 

No.  [To  be  inserted  by  the  secretary  of  the  conimissiou], 

[Insert  name  of  each  complainant], 

Complainant, 
V. 

[Insert  name  of  each  defendant], 

Defendant.^ 

Complaint. 
The  complaint  of  [here  insert  full  name  of  each  complainant]  respect- 
fully shows : 

(1)  Tliat  [here  state  occupation  and  postoffiee  address  of  each  com- 
plainant]. 

(2)  That  [here  insert  full  name,  occupation  and  postoffiee  address 
of  each  defendant]. 

(3)  That  [here  insert  fully  and  clearly  the  specific  act  or  thing  com- 
plained of,  together  with  such  facts  as  are  necessary  to  give  a  full 
understanding  of  the  situation]. 

Wherefore,  complainant  asks  [here  state  specifically  the  relief 
desired]. 

Dated  at  ,  California,  this  day  of ,  191 — . 


[Name  of  each  complainant.] 

[Name  and  address  of  attorney,  if  any.] 
State  of  California, 
County  of ,  ss. 

[Insert  name  of  one  complainant],  being  first  duly  sworn,  deposes 
and  says :  that  he  is  the  complainant  in  tlie  action  entitled  as  above ; 
that  he  has  read  the  foregoing  complaint  and  knows  the  contents 
thereof;  and  that  the  same  is  true  of  his  own  knowledge,  except  as  to 
matters  which  are  therein  stated  on  information  or  belief,  and  that  as 
to  tliose  matters  he  believes  it  to  be  true. 

J 

Subscribed  and  sworn  to  before  me,  this day  of ,  191 — . 


Notary  Public  in  and  for  the  County  of ,  State  of  California. 


1107  Railroad  Commission.  Forms  320G,  3207 

No.  3206.     Order  to  Satisfy  or  Answer  a  Complaint. 

Before  the  Railroad  Commission  of  the  State  of  California. 

No.  [To  be  inserted  by  the  secretary  of  the  commission]. 

,  Complainant,  | 


V. 

,  Defendant. 


Order  to  Satisfy  or  Answer. 
To  [here  insert  name  and  address  of  defendant]  : 

You  are  hereby  notified  that  a  comi^laint  has  been  filed  in  the  action 
entitled  as  above  against  you  as  defendant,  and  you  are  hereby  ordered 
to  satisfy  the  matters  therein  complained  of  or  to  answer  said  com- 
plaint in  writing  within  ten  (10)  days  from  the  service  upon  you  of 
this  order  and  the  copy  of  said  complaint  which  is  hereunto  attached. 

By  order  of  the  Railroad  Commission: 

Dated  at  San  Francisco,  California,  this day  of ,  191 — . 

[Railroad  Commission  Seal]  , 

Secretary  Railroad  Commission  of  the  State  of  California. 

No.  3207.    Answer  to  Formal  Complaint  Before  Railroad  Commission. 

Before  the  Railroad  Commission  of  the  State  of  California. 

No.  [To  be  inserted  by  the  secretary  of  the  commission], 

[Insert  name  of  each  complainant],  ^ 

Complainant, 

V. 

[Insert  name  of  each  defendant]. 

Defendant.^ 

Answer. 

The  above-named  defendant,  for  answer  to  the  complaint  in  this 
proceeding,  respectfully  states: 

(1)  That  [here  follow  specific  denials  of  such  material  allegations  of 
the  complaint  as  are  controverted  by  the  defendant  and  also  a  statement 
of  any  new  matter  constituting  a  defense.  Continue  numbering  each 
succeeding  paragraph]. 

Wherefore,  the  defendant  prays  that  the  complaint  be  dismissed  [or 
other  appropriate  prayer]. 

[Name  of  defendant.] 

[Name  and  address  of  attorney,  if  any.] 


Forms  3208, 3209         Cowdeky's  Form  Book.  1108 

State  of  California, 

County  of ,  ss. 

[Insert  name  of  defendant],  being  first  duly  sworn,  deposes  and 
says:  That  he  is  the  defendant  in  the  action  entitled  as  above;  that 
he  has  read  the  foregoing  answer  and  knows  the  contents  thereof;  and 
that  the  same  is  true  of  his  own  knowledge,  except  as  to  matters  which 
are  therein  stated  on  information  or  belief,  and  that  as  to  those  mat- 
ters he  believes  it  to  be  true. 

Subscribed  and  sworn  to  before  me,  this  day  of  ,  191 — . 


Notary  Public  in  and  for  the  County  of ,  State  of  California. 

No.  3208.    Notice   of   Hearing   on   Complaint  Before   Railroad   Com- 
mission. 
Before  the  Railroad  Commission  of  the  State  of  California. 

No. [To  be  inserted  by  the  secretary  of  the  commission], 

,  Complainant,  I 

I 

— — ,  Defendant.    J 

Notice  of  Hearing. 
To  [here  insert  name  of  party  to  be  notified] : 

You  and  each  of  you  are  hereby  notified  that  the  Railroad  Commission 
of  the  state  of  California  has  set  the  above-entitled  case  for  hearing 

before  commissioner  on  [day  of  week]   the  [day  of  month]   day 

of  [name  of  month],  191—,  at o'clock  —  M,,  at  [here  insert  place 

of  hearing],  at  which  time  and  place  you  will  be  given  an  opportunity 
to  be  heard. 

By  order  of  the  Railroad  Commission. 

Dated  at  San  Francisco,  California,  this  day  of  ,  191 — . 

[Railroad  Commission  Seal]  , 

Secretary  Railroad  Commission  of  the  State  of  California. 

No.  3209.    rormal  Application  Before  Railroad  Commission. 

Before  the  Railroad  Commission  of  the  State  of  California. 
No. [To  be  inserted  by  the  secretary  of  the  commission]. 

In  the  Matter  of  the  Application  of  [here  insert  name  of  each  appli- 
cant] for  [here  insert  desired  order,  authorization,  permission  or 
certificate,  thus:  "order  authorizing  issue  of  stock  and  bonds"]. 

Application. 

The  petition  of  [here  insert  name  of  each  applicant]  respectfully 
shows : 

1.  That  applicant  is  engaged  in  the  business  of  [here  insert  nature  of 
business  and  territorial  extent  thereof]. 


1109  Railroad  Commission.  Forms  3210 

2.  That  the  postoffiee  address  of  each  applicant  is 


3.  That  [here  insert  fxilly  and  clearly  the  facts  required  by  these 
rules,  and  an_v  additional  facts  which  the  applicant  desires  to  state]. 
•  Wherefore,  applicant  asks  that  the  Railroad  Commission  of  the  State 
of  California  make  its  order  authorizing  applicant  to  [here  state 
specifically  the  action  whicli  tlie  applicant  desires  the  Railroad  Com- 
mission to  take]. 

Dated  at  ,  California,  this day  of ,  191 — . 


[Name  of  each  applicant.] 


[Name  and  address  of  attorney,  if  any.] 

State  of  California, 
County  of ,  ss. 

[Insert  name  of  applicant],  bein^  first  duly  sworn,  deposes  and  says: 
that  he  is  the  applicant  in  the  proceeding  entitled  as  above;  tliat  he  has 
read  the  foregoing  application  and  knows  the  contents  thereof;  and 
that  the  same  is  true  of  his  own  knowledge,  except  as  to  matters  which 
are  therein  stated  on  information  or  belief,  and  that  as  to  those  matters 
he  believes  it  to  be  tn;e. 


Subscribed  and  sworn  to  before  me,  this  day  of  ,  19 — . 


Notary  Public  in  and  for  the  County  of  ,  State  of  California. 

No.  3210.    Published  Notice  of  Hearing  on  Application  Before  Rail- 
road Commission. 

Before  the  Railroad  Commission  of  the  State  of  California. 

In  the  Matter  of  the  Application  of  [licre  insert  name  of  applicant] 
for  [here  insert  desired  order,  authorization,  permission  or  cer- 
tificate]. 

Notice  of  Hearing. 

Notice  is  hereby  given  that  the  application  of  [name  of  applicant  in 
full]  for  the  [approval,  determination,  consent,  permission,  certificate 
or  authorization]  of  the  Railroad  Commission  of  the  state  of  California 
to  [here  state  nature  of  consent  asked]  will  be  heard  before  commis- 
sioner    on  [day  of  week],  the   [day  of  montli],  day  of   [name  of 

month],  191 — ,  at o'clock  —  M.,  at   [here  insert  place  of  hearing], 

at  which  time  all  persons  interested  may  appear  and  be  heard. 

By  order  of  the  Railroad  Commission. 

Dated  at  San  Francisco,  California,  this  day  of 191 — . 


Secretary  Railroad  Connuission  of  the  State  of  California. 


Form  3211  Cowdery's  Form  Book.  1110 

No.  3211.    Application  for  Permission  to  Issue  Bonds. 

In  the  Matter  of  the  Application  of  Southern  Pacific  Railroad  Company, 
a  Corporation,  and  Southern  Pacific  Company,  a  Corporation,  for 
Permission  to  Issue  $2,789,153.74  Par  A^alue  Refunding  Bonds. 
The  petition  of  Southern  Pacific  Railroad  Company  and  Southern 

Pacific  Company  respectfully  shows : 

I. 

That  the  Southern  Pacific  Railroad  Company  is  a  railroad  corporation, 
incorporated  and  existing  under  and  by  virtue  of  the  laws  of  Arizona, 
California  and  New  Mexico. 

II. 

Tliat  the  Southern  Pacific  Company  is  a  railroad  corporation,  incor- 
porated and  existing  under  and  by  virtue  of  the  laws  of  Kentucky. 

III. 

That  the  postoffice  address  of  applicants  is  Flood  Building,  San  Fran- 
cisco, California. 

IV. 

That  Southern  Pacific  Railroad  Company  is  the  owner  of  certain  lines 
of  railroad  running  from  the  city  and  county  of  San  Francisco  through 
California  and  the  state  of  Arizona  to  the  eastern  boundary  line  of  said 
state  of  Arizona  at  a  point  about  sixty  (60)  miles  north  of  the  inter- 
section of  said  boundary  line  with  '  the  international  boundary  line 
between  the  United  States  and  Mexico.  The  Southern  Pacific  Railroad 
Company  is  also  the  owner  of  a  certain  line  of  railroad  commencing  on 
the  western  boundary  line  of  the  state  of  New  Mexico,  about  sixty  (60) 
miles  north  of  the  intersection  of  said  boundary  line  with  the  inter- 
national boundary  line  between  the  United  States  and  Mexico,  and  run- 
ning thence  easterly  to  a  point  in  the  Rio  Grande,  being  the  boundary 
line  between  the  states  of  New  Mexico  and  Texas  and  connecting  with 
the  western  end  of  the  railroad  of  the  Galveston,  Harrisburg  &  San 
Antonio  Railway  Company,  a  corporation  organized  under  the"  laws  of 
Texas — all  of  which  said  lines  of  railroad  thus  owned  by  Southern 
Pacific  Railroad  Company  in  the  states  of  California,  Arizona  and  New 
Mexico,  and  aggregating  about  3,475  miles,  are  more  particularly  de- 
scribed in  a  certain  mortgage  and  trust  indenture  executed  by  Southern 
Pacific  Railroad  Company  and  Southern  Pacific  Company  to  the  Equi- 
table Trust  Company  of  New  York,  a  corporation  organized  under  the 
laws  of  the  state  of  New  York,  as  trustee,  such  trust  indenture  being 
designated  as  "First  Refunding  Mortgage"  and  dated  January  3,  1905. 

V. 

^  That  the  said  Southern  Pacific  Company  is  operating  all  of  the  said 
lines  of  railroad  described  in  said  first  refunding  mortgage  as  lessee  of 
Southern  Pacific  Railroad  Company. 

VI. 

That  said  first  refunding  mortgage  was  executed  by  Southern  Pacific 
Railroad  Company  and  the  said  Southern  Pacific  Company  for  tlie  pur- 


nil  Railroad  Commission.  Form  o2  11 

pose  of  issuing  and  to  secure  the  paj^ment  of  bonds  desis^nated  as 
"Southern  Pacific  Railroad  Company  First  Refunding  Mortgage  Gold 
Bonds,"  payable  January  1,  1955,  with  interest  at  rates  not  exceeding 
four  per  cent  (4%)  per  annum  from  January  1,  1905,  payable  semi- 
annually and  redeemable  at  the  option,  of  Southern  Pacific  Railroad 
Company  at  one  hundred  and  five  per  cent  (105%)  of  the  par  value, 
with  accrued  interest  on  January  1,  1910,  or  on  any  semi-annual  inter- 
est day  thereafter  upon  previous  notice  to  be  given  for  the  time  and  in 
the  manner  provided  for  in  said  mortgage.  The  aggregate  amount  of 
all  bonds  which  might  be  issued  and  outstanding  under  said  indenture 
shall  never  at  any  one  time  exceed  the  principal  sum  of  one  hundred  and 
sixty  million  dollars  ($160,000,000). 

vn. 

Section  5  of  article  II  of  said  first  refunding  mortgage  provides  that 
$26,317,500  face  value  of  the  bonds  authorized  to  be  issued  thereunder 
shall  be  reserved  to  be  executed  by  the  Southern  Pacific  Railroad  Com- 
pany and  to  be  certified  and  delivered  by  the  trustee  from  time  to  time, 
to  be  used  by  the  said  Southern  Pacific  Railroad  Company  for  some  one 
or  more  of  the  following  purposes  (in  so  far  as  such  purposes  shall  be 
purposes  for  which  such  bonds  may  lawfully  be  issued),  viz.: 

"(1)  The  construction,  after  the  date  hereof,  within  the  state  of 
California  or  territories  of  Arizona  and  New  Mexico,  or  witliin  the 
republic  of  Mexico,  of  additional  lines  of  railroad,  and  of  extensions 
and  branches  of  tlie  lines  of  railroad  now  or  at  any  time  hereafter  sub- 
ject to  the  lien  of  this  indenture. 

"(2)  The  acquisition  after  the  date  hereof  of  any  fully  paid  shares 
of  the  capital  stock  (but  not  less  than  a  majority  of  the  outstanding 
issue)  or  bonds  at  any  time  issued  or  created  by  any  company  owning 
any  line  or  lines  of  railroad  witliin  the  state  of  California  or  territories 
of  Arizona  or  New  Mexico  or  witliin  the  re]-)ublic  of  Mexico  and  con- 
necting directly  with  lines  of  railroad  in  California,  Arizona  or  New 
Mexico,  owned,  controlled  or  operated  under  lease  by  the  railroad  com- 
pany or  by  the  party  of  the  second  part. 

"  (3)  The  acquisition,  after  the  date  hereof,  by  purchase  or  by  movuei 
or  consolidation  of  additional  lines  of  railroad  witliin  the  state  of  Cali- 
fornia or  territories  of  Arizona  or  New  Mexico  or  within  the  republic 
of  Mexico;  and  the  construction  of  additional  main  track  (excluding 
side,  passing,  spur  and  yard  tracks)  required  in  double  tracking  any  of 
the  lines  of  railroad  at  any  time  subject  to  the  lien  of  this  indenture. 

"(4)  The  construction  of  tunnels  and  bridges  and  the  reduction  of 
grades  or  curvature  upon  any  lines  of  railroad  at  any  time  subject  to 
the  lien  of  this  indenture. 

"(5)  The  purchase  and  improvement  of  additional  real  estate  for 
use  in  connection  with  the  operation  or  maintenance  of  any  of  the  lines 
of  railroad  now  or  at  any  time  hereafter  subject  to  the  lien  of  this  in- 
denture; the  construction,  purchase  or  acquisition  of  terminals,  yards, 
sliops,  depots,  docks  or  wharves  which  may  be  required  or  be  useful  or 
convenient  in  the  operation  or  maintenance  of  any  of  the  lines  of  raiF- 


Form  3211  Cowdery's  Form  Book.  1112 

road  now  or  at  any  time  hereafter  subject  to  the  lien  of  this  indenture; 
the  purcliase  of  rolling  stock  and  other  equipment  for  use  upon  said 
lines  of  railroad,  and  the  construction  or  purchase  of  other  additions 
to  and  improvements  and  betterments  of  and  upon  any  of  the  lines  of 
railroad  now  or  at  any  time  hereafter  subject  to  the  lien  of  this 
indenture. ' ' 

Section  6  of  article  II  of  said  first  refunding  mortgage  specifies  the 
conditions  and  restrictions  under  which  the  said  $26,317,500  of  said 
bonds  shall  be  certified  and  delivered;  arid  section  7  further  provides 
that  whenever  the  railroad  company  shall  have  made  expenditures,  after 
the  date  of  the  execution  and  delivery  of  said  mortgage,  out  of  its  earn- 
ings or  other  funds  for  any  purpose  for  which  it  would  be  entitled  to 
use  bonds  or  their  proceeds  under  the  provisions  of  section  5  of  article 
II  of  said  mortgage,  then  it  may  apply  the  proceeds  of  such  bonds  to 
reimburse  itself  for  such  expenditures  to  the  same  extent  as  if  such 
proceeds  had  been  directly  applied  to  such  purpose,  or  the  railroad  com- 
pany may  take  and  accept  in  lieu  of  such  proceeds  the  reserved  bonds 
themselves  at  prices  to  be  fixed  by  resolution  of  its  board  of  directors, 
but  not  in  any  case  less  than  the  average  price  for  which  bonds  issued 
under  and  secured  by  said  indenture  shall  have  been  sold  on  the  New 
York  Stock  Exchange  during  the  previous  calendar  month  (if  there 
shall  have  been  any  such  sales) ;  and  the  bonds  so  taken  and  accepted 
shall  thereafter  be  held  and  may  be  used  by  said  Southern  Pacific  Rail- 
road Company  for  its  general  corporate  purposes,  free  and  discharged 
from  all  restrictions. 

vin. 

Your  applicants  file  with  this  petition  a  copy  of  the  first  refunding 
mortgage  above  mentioned,  which  is  made  a  part  of  this  application 
and  is  marked  Exhibit  "A." 

IX. 

Applicant  Southern  Pacific  Railroad  Company  has  expended  during 
the  fourteen  months  ending  December  31,  1912,  since  the  date  of  the 
execution  and  delivery  of  said  first  refunding  mortgage,  the  sum  of 
$2,789,153.74  for  the  construction,  and  acquisition  by  purchase,  after 
the  date  of  said  mortgage,  within  the  state  of  California  and  the  states 
of  Arizona  and  New  Mexico,  of  additional  lines  of  railroad  and  of  ex- 
tensions and  branches  of  the  lines  of  railroad  subject  to  the  lien  of  said 
mortgage;  the  construction,  after  said  date,  of  tunnels  and  bridges  and 
the  reduction  of  grades  and  curvature  upon  lines  of  railroad  subject  to 
the  lien  of  said  mortgage;  the  purchase  and  improvement  of  additional 
real  estate  for  use  in  connection  witli  the  operation  and  maintenance 
of  the  lines  of  railroad  subject  to  the  lien  of  said  mortgage;  the  con- 
struction, purchase  or  acquisition  of  terminals,  yards,  shops,  depots  and 
wharves  useful  or  convenient  in  the  operation  or  maintenance  of  the 
said  lines  of  railroad  and  the  construction  or  purchase  of  other  addi- 
tions to  and  improvements  and  betterments  of  and  upon  said  lines  of 
railroad — all  of  which  are  more  particularly  described  in  the  statement 
annexed  hereto,  made  a  part  of  this  application  and  marked  Exhibit 
*'B." 


1113  Railroad  Commission.  Form  3211 

X. 

Such  expenditures  were  made  for  the  piUTOOses  set  forth  in  section  5 
of  article  II  of  said  mortgage.  The  purposes  for  which  said  expend- 
itures were  made  were  purposes  for  which  said  bonds  may  be  lawfully 
issued.  The  price  jjaid  for  the  foregoing  construction  or  for  such  pur- 
poses or  acquisition,  or  expended  for  the  foregoing  betterments,  im- 
provements or  additions  was  not  in  excess  of  the  fair  value  of  such 
property  or  of  such  work.  None  of  such  expenditures  was  included  in 
any  expenditures  reported  by  this  company  in  any  annual  report  as  hav- 
ing been  charged  to  operating  exi:)enses  or  to  the  cost  of  maintenance. 
The  said  property  constructed  or  acquired  as  hereinbefore  set  forth  was, 
at  the  time  of  its  construction  or  acquisition,  subject  to  no  lien  or  charge 
and  has  become  subject  to  the  lien  of  said  first  refunding  mortgage  as 
a  first  charge,  and  no  deed,  conveyance  or  instrument  of  further  assur- 
ance is  necessary  for  the  purpose  of  effectually  subjecting  to  the  lien 
and  operation  of  said  mort-zage  any  of  the  property  referred  to  herein, 
except  as  to  property  acquired  from  San  Francisco  and  Napa  Railway 
Company,  all  of  which  appears  by  the  certificate  of  the  vice-president, 
auditor  and  counsel  of  the  Southern  Pacific  Railroad  Company  attached 
to  Exhibit  "B." 

XL 

There  is  on  file  with  this  commission  the  annual  report  of  Southern 
Pacific  Railroad  Company  for  the  j^car  ending  June  30,  1913,  which 
shows  the  financial  condition,  on  June  30,  1913,  of  said  Southern  Pacific 
Railroad  Company.  There  has  been  no  substantial  change  in  the  finan- 
cial condition  of  said  Southern  Pacific  Railroad  Company  since  June  30, 

1913,  except  that  the  gross  earnings  of  said  Southern  Pacific  Railroad 

Company  for  the  j'ear  ending  June  30,  1914,  were $52,978,701  24 

Less  amount  payable  to  Southern  Pacific 

Company  under  terms  of  lease $     992,320  43 

Operating  expenses 31,221,213  97 

Taxes   2,664,353  83 

Interest  on  bonded  debt 6,201,669  89      41,079,558  12 

Balance $11,899,143  12 

xn. 

The  annual  report  of  the  Southern  Pacific  Railroad  Company  for  the 
year  ending  June  30,  1914,  has  not  yet  been  completed,  but  attached 
hereto  is  a  preliminary  balance  sheet  of  said  company  as  of  June  30, 

1914,  marked  Exhibit  "C." 

xni. 

Substantially  all  of  the  outstanding  capital  stock  of  said  Southern 
Pacific  Railroad  Company  is  owned  by  applicant  Southern  Pacific 
Company. 

XIV. 

There  is  on  file  with  this  commission  the  annual  report  of  the  Southern 
Pacific  Company,  which  shows  the  financial  condition  on  June  30,  1913, 


Form  3211  Cowdery's  Form  Book.  1114 

of  said  Soutliern  Pacific  Company.  The  annual  report  of  said  Southern 
Pacific  Company  for  the  year  ending  June  30,  1914,  has  not  yet  been 
completed,  but  attached  hereto  and  marked  Exhibit  "D"  is  a  condensed 
balance  slieet  of  said  company  as  of  April  30,  1914,  together  with  a 
statement  of  transportation  operations  for  the  ten  months  ending  April 
30,  1914.  Since  tliat  date  all  the  one-year  notes  mentioned  in  said  state- 
ment except  sixty-eight  thousand  dollars  ($68,000)  have  been  retired 
through  the  proceeds  derived  by  said  Southern  Pacific  Company  from 
tlic  sale  of  fifty-five  million  dollars  ($55,000,000),  five  per  cent  (5%) 
twenty-year  convertible  gold  bonds  dated  June  1,  1914,  the  issuance  of 
which  have  been  authorized  by  this  commission  and  the  corporation 
commission  of  Arizona,  the  moneys  realized  from  the  sale  of  said  bonds 
and  the  disposition  of  the  proceeds  thereof  as  of  July  31,  1914,  being  as 
follows : 

Amount  of  bonds  offered,  the  entire 
amount  thereof  having  been  sub- 
scribed at  par $54,534,000  00 

Bonds   delivered   in   exchange    for   fully 
paid  subscription  receipts; 
Nos.  M   1   to   M   39,026,   inclusive,   of 

$1,000  each 39,026,000  00 

Nos.  D  1  to  D  2,969,  inclusive,  of  $500 

each  1,484,500  00 

Total  to  July  31,  1914 $40,510,500  00 

Casli  receipts: 

First  installment — 
$54,534,000,  face  value,  at  $333  32 18,177,272  88 

Second  installment — 
$54,530,500,  face  value,  at  $333  32 18,176,100  26 

Final  installment — 
$54,513,000,  face  value,  at  $333  36 18,172,453  68 

Total  receipts  to  July  31,  1914 $54,525,833  82 

Less  applied  as  follows: 

On  account  of  the  payment  of  the 
$4,500,000  loan  due  May  29,  1914,  and 
the  redemption  of  a  portion  of  the 
.•:>26,000,000  one-year  5%  notes,  due  June 
15,  1914,  the  proceeds  of  which  were 
advanced  to  proprietary  companies  and 
used  by  them  for  capital  expenditures 
made  to  December  31,  1914,  as  recited  in 
the  commission's  order,  viz.: 

Payment  of  loan $  4,500,000  00 

Redemption   of   one-year 

notes 25,973,000  00 

■     $30,473,000  00 


1115  Railroad  Commission.  Form  3211 

Payment    of    commissions    and    ex- 
penses to  bankers   and   tlie   syndicate: 

Commissions 1,454,335  00 

Expenses  11,964  78 


l,4fiR.299  78 

Equipment  trust  certificates  paid  off 1,011,000  00 

Amounts  advanced  to  proprietary  com- 
panies during  the  period  from  January 
1,  1914,  to  June  30,  1914,  inclusive,  for 
capital  expenditures  as  shown  in  detail 
on  statement  attached  as  Exhibit  "B".. .     6,457,436  00      39.407,735  78 


Balance  to  be  accounted  for $15,118,097  04 

XV. 

The  stockholders  of  said  Southern  Pacific  Company,  by  resolution 
adopted  April  8,  1914,  authorized  the  issuance  of  twenty  million  dol- 
lars ($20,000,000)  par  value  additional  capital  stock  of  said  company 
in  connection  with  the  issuance  of  said  fifty-five  million  dollars 
(.^SSjOOO.OOO)  convertible  bonds,  but  none  of  such  additional  stock  has 
as  yet  been  issued. 

XVI. 

There  has  been  filed  with  this  commission  (Application  No.  484) 
a  printed  list  of  the  stockholders  of  the  Southern  Pacific  Company, 
aggregating  about  15,500  stockholders.  Since  the  filing  of  such  list 
the  number  of  stockholders  has  now  increased  to  29,300,  such  increase 
being  chiefly  due  to  the  distribution  of  the  stock  formerly  owoied  by 
the  Union  Pacific  Railroad  Com]mny,  of  whicli  the  Pennsylvania  Rail- 
road Company  purchased  382,924  shares  and  now  has  registered  in  its 
name  342,924  shares.  The  Central  Trust  Company  of  New  York,  as 
trustee  under  the  decree  of  dissolution  entered  by  the  United  States 
Court,  still  holds  59,311  shares. 

XVII. 

The  rate  and  amount  of  dividends  paid  by  your  applicants  respec- 
tively during  the  five  previous  fiscal  years,  and  the  amount  of  capital 
stock  on  which  such  dividends  were  paid  each  year  is  as  follows : 

Southern  Pacific  Railroad  Company. 

For  the  fiscal  year  ending  June  30,  1909,  5  per  cent,  amounting  to 
$8,000,000  upon  $160,000,000  capital  stock. 

For  each  of  the  fiscal  years  1910,  1911,  1912,  1913  and  1914,  6  per 
cent,  amounting  to  $9,600,000  upon  $160,000,000  par  value  capital  stock. 

Southern  Pacific  Company. 
For  the  fiscal  year  ending  June  30,  1908,  6  per  cent,  amounting  to 
$11,870,955.52  upon  1,978,492.59  shares  of  conmion  stock;  and  3^  per 
cent,  amounting  to  $5,240,652.42  upon  1,497,329.30  shares  of  preferred 
stock. 


Form  3211  Cowdery's  Form  Book.  1116 

For  the  fiscal  year  ending  June  30,  1909,  6  per  cent,  amounting  to 
$12,344,604.32  upon  2,057,434.05  shares  of  common  stock;  and  7  per 
cent,  amounting  to  $4,992,106.42  upon  713,158.05  shares  of  preferred 
stock. 

For  the  fiscal  year  ending  June  30,  1910,  6  per  cent,  amounting  to 
$16,359,679.25  upon  2,726,613.21  shares  of  common  stock;  and  6  per 
cent,  amounting  to  $878,213.68  upon  146,368.94  shares  of  preferred 
stock. 

For  the  fiscal  year  ending  June  30,  1911,  6  per  cent,  ameunting  to 
$16,360,342.22  upon  2,726,723.70  shares  of  common  stock. 

For  the  fiscal  year  ending  June  30,  1912,  6  per  cent,  amounting  to 
$16,360,342.32  upon  2,726,724.05  shares  of  common  stock. 

For  the  fiscal  year  ending  June  30,  1913,  6  per  cent,  amounting  to 
$16,360,344.32  upon  2,726,724.05  shares  of  common  stock. 

XVIII. 
Under  the  provisions  of  article  XI  of  said  mortgage,  your  applicant, 
the  Southern  Pacific  Company,  in  consideration  of  the  benefits  and 
advantages  to  be  derived  by  it  from  the  issuance  of  said  bonds,  cove- 
nants and  agrees  to  unconditionally  guarantee  to  the  owners  of  such 
bonds  the  punctual  payment  by  the  Southern  Pacific  Railroad  Com- 
pany, or  its  successors,  of  the  principal  and  interest  of  all  bonds  of 
said  Southern  Pacific  Railroad  Company,  or  its  successors,  which  may 
be  issued  or  reissued  under  said  mortgage  as  the  same  mature,  and 
agrees  itself  punctually  to  pay  the  said  principal  and  interest  if  de- 
fault in  the  payment  thereof  be  made  by  the  Southern  Pacific  Railroad 
Company;  and  agrees  to  pay  any  tax  or  taxes  which  the  Southern 
Pacific  Railroad  Company  may  be  required  or  permitted  to  pay  upon  or 
to  retain  from  said  principal  or  interest  in  so  far  as  the  same  shall 
not  be  paid  by  the  Southern  Pacific  Railroad  Company;  and  the 
Southern  Pacific  Company  further  covenants  and  agrees  that  it  will 
cause  its  guaranty  and  agi-eement  to  be  placed  on  each  of  said  bonds 
in  the  form,  or  substantially  the  form,  set  forth  in  said  mortgage. 

XIX. 

The  expenditures  made  by  applicant  Southern  Pacific  Railroad  Com- 
pany during  the  fourteen  months  ending  December  31,  1912,  and  more 
particularly  referred  to  in  paragraph  9  of  this  petition,  were  expendi- 
tures made  out  of  the  said  Southern  Pacific  Railroad  Company's  earn- 
ings or  other  funds  and  were  for  purposes  for  which  the  Southern 
Pacific  Railroad  Company  would  be  entitled  to  use  bonds  or  their 
proceeds  under  the  provisions  of  section  5  of  article  II  of  said  mort- 
gage, and  said  Southern  Pacific  Railroad  Company  is  therefore  entitled, 
under  the  provisions  of  section  7  of  article  II,  to  reimburse  itself  for 
such  expenditures  to  the  same  extent  as  if  such  proceeds  had  been 
directly  applied  for  such  purpose,  or  the  said  Southern  Pacific  Rail- 
road Company  may  take  and  accept,  in  lieu  of  such  proceeds,  the  re- 
serve bonds  themselves  at  prices  to  be  fixed  by  resolution  of  its  board 
of  directors,  but  not  in  any  case  less  than  the  average  price  for  which 


1117  Railroad  Commission.  Form  3211 

bonds  issued  under  and  secured  by  said  indenture  shall  have  been  sold 
on  the  New  York  Exchange  during  the  previous  calendar  month  (if 
there  sliall  have  been  any  such  sales),  and  it  is  the  intention  of  said 
Southern  Pacific  Railroad  Company  to  take  such  bonds  to  reimburse 
itself  for  such  expenditures,  and  that  the  price  at  which  said  bonds 
will  be  taken  by  said  Southern  Pacific  Railroad  Company  to  reimburse 
itself  shall  be  fixed  at  91.0388,  the  average  price  for  Avhich  such  bonds 
sold  on  the  New  York  Exchange  during  the  month  of  July,  1914,  which 
was  the  last  month  the  Stock  Exchange  was  open,  and  that  the  bonds 
so  taken  will  be  sold  to  the  Southern  Pacific  Company  at  the  same 
price. 

Wherefore,  your  applicants  respectfully  ask  that  the  Railroad  Com- 
mission of  the  state  of  California  make  its  order  autlioriziug  the  Equi- 
table Trust  Company  of  New  York,  as  trustee  under  the  said  first  re- 
funding mortgage,  dated  January  3,  1905,  to  certify  and  deliver  to 
applicant  Southern  Pacific  Railroad  Company,  at  the  price  of  91.0388, 
first  refunding  mortgage  gold  bonds  of  said  Southern  Pacific  Railroad 
Company  aggTCgating  the  principal  sum,  par  value,  of  two  million  seven 
hundred  eighty-nine  thousand  one  hundred  fifty-three  and  74/100 
dollars  ($2,789,153.74),  being  a  part  of  the  twenty-six  million  three 
hundred  seventeen  thousand  five  hundred  dollars  ($26,317,500),  face 
value,  of  bonds  authorized  to  be  issued  under  section  5  of  article  II  of 
said  first  refunding  mortgage  for  the  purpose  of  reimbursing  said 
Southern  Pacific  Railroad  Company  for  expenditures  made  by  it  dur- 
ing the  fourteen  months  ending  December  31,  1912,  and  set  forth  in 
this  petition,  upon  delivery  to  the  trustee  of  a  certified  copy  of  the 
resolution  of  the  board  of  directors  or  executive  committee  of  said 
Southern  Pacific  Railroad  Company,  and  the  certificate  signed  by  the 
president  or  vice-president  or  the  chief  engineer  and  by  the  auditor, 
controller  or  treasurer  of  said  Southern  Pacific  Railroad  Company  as 
required  by  the  provisions  of  sections  6  and  7  of  article  II  of  said 
mortgage,  and  the  execution  and  delivery  of  the  further  deed  of  assur- 
ance referred  to  in  the  opinion  of  counsel  accompanying  the  said 
certificate;  that  said  bonds  may  be  sold  to  the  Southern  Pacific  Com- 
pany or  any  other  corporation  or  person  at  91.0388;  and  also  that  your 
applicant  Southern  Pacific  Railroad  Company  be  authorized  to  execute 
the  guaranty  of  said  bonds  as  provided  in  article  XI  of  said  mortgage, 
and  for  such  other  and  further  order  in  the  premises  as  may  be  proper. 

Giay  V.  Shoup, 
Attorney  for  Applicants. 
State  of  California, 
City  and  County  of  San  Francisco, — ss. 

T.  0.  Edwards,  being  first  duly  sworn,  deposes  and  says:  That  he  is 
an  officer  of  each  of  the  companies  named  in  the  foregoing  application, 
namely,  auditor  of  the  Southern  Pacific  Company  and  auditor  of  the 
Southern  Pacific  Railroad  Company;  that  he  has  read  the  foregoing 
application  and  knows  the  contents  thereof,  and  that  the  same  is  true 
of  his  own  knowledge,  except  as  to  matters  which  are  therein  stated 


Form  3211  Cowdery's  Form  Book.  1118 

ca  information  or  belief,  and  that  as  to  those  matters  he  believes  it  tc 
be  time. 

T.  0.  Edwards. 

Subscribed  and  sworn  to  before  me  this  twenty-second  day  of  Sep- 
tember, 1914. 

[Seal]  E.  B.  Ryan, 

Notary  Public  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 

Exhibit  "A." 
[Copy  of  first  refunding  mortgage.] 

Exhibit  "B." 

[Statement  of  expenditures.] 

The  undersigned  certify  that  the  said  expenditures  were  made  for 
the  purpose  set  forth  in  section  5  of  article  II  of  the  said  Mortgage, 
that  the  purpose  for  which  said  expenditures  were  made  were  purposes 
for  which  said  bonds  might  be  lawfully  issued;  that  the  price  paid  for 
the  foregoing  construction,  or  for  such  purposes  or  acquisition,  or  ex- 
pended for  the  foregoing  betterments,  improvements  or  additions,  was 
not  in  excess  of  the  fair  value  of  such  property  or  of  such  work;  that 
none  of  such  expenditures  was  included  in  any  expenditures  reported 
by  this  comjDany  in  any  annual  report  as  having  been  charged  to  oper- 
ating expenses  or  to  the  cost  of  maintenance;  that  the  additional 
property  constructed  or  acquired  as  hereinbefore  set  forth  was  at  the 
time  of  its  construction  or  acquisition  subject  to  no  lien  or  charge,  and 
has  become  subject  to  the  lien  of  said  first  refunding  mortgage  as  a 
first  charge;  and  that  no  deed,  conveyance  or  instrument  of  further 
assurance  is  necessary  for  the  purpose  of  effectually  subjecting  to  the 
lien  and  operation  of  said  mortgage  any  of  the  property  refen-ed  to 
herein,  except  as  to  tiie  property  acquired  from  the  San  Francisco  and 
Napa  Railway  Company,  as  appears  by  the  certificate  of  Guy  V.  Shoup, 
counsel  of  said  Southern  Pacific  Railroad  Company. 

In  witness  whereof  the  said  W.  R.  Scott  and  the  said  T.  0.  Edwards 
have  signed  their  names  hereto  as  the  vice-president  and  auditor,  re- 
spectively of  the  said  Southern  Pacific  Railroad  Company,  and  have 
affixed  hereto  the  corporate  seal  of  said  company  this  fifteenth  day  of 
September,  1914, 

Southern  Pacific  Railroad  Company, 
By  W.  R.   Scott, 

Vice-president. 
T.    0.    Edwards,, 

Auditor. 

I,  Guy  V.  Shoup,  counsel  for  said  Southern  Pacific  Railroad  Company, 
pursuant  to  the  provisions  of  section  6  of  article  II  of  the  said  first 
lefunding  mortgage,  hereby  certify  that  I  am  of  the  opinion  that  all 
new  property  constructed  or  acquired  as  set  forth  in  the  foregoing 
certificate   of  the  vice-president   and  auditor  of  the  Southern  Pacific 


1119  Railroad  Commission.  Form  n211 

Railroad  Comi^any  was  and  is  subject  to  the  lien  and  operation  of  said 
first  refunding  mortgage,  and  was,  at  the  time  of  the  construeticn  or 
acquisition,  subject  to  no  lien  or  charge,  and  has  become  subject  to  the 
lien  of  said  first  refunding  mortgage  as  a  first  charge,  and  that  no  deed, 
conveyance  or  instrument  of  further  assurance  is  necessary  for  the 
purpose  of  effectually  subjecting  to  the  lien  and  operation  of  said  mort- 
gage any  of  the  property  referred  to  in  said  certificate  except  as  to  the 
property  acquired  from  the  San  Francisco  and  Napa  Railway  Com- 
pany; and  I  further  certify  that  as  to  such  property  the  deed  or  con- 
veyance to  the  Equitable  Trust  Company,  subjecting  such  property  to 
the  lien  and  operation  of  said  trust  indenture  and  submitted  with  this 
certificate  for  delivery  to  the  trustee,  is  sufficient  for  such  purpose. 
Dated  September  22,  1914. 

Guy  V.  Shoup, 
Counsel  for  Southern  Pacific  Railroad  Company. 

Whereas,  the  Southern  Pacific  Railroad  Company  and  the  Southern 
Pacific  Company  executed  to  the  Equitable  Trust  Company  of  New 
York  a  trust  indenture  dated  the  third  day  of  January,  1905,  for  the 
purpose  of  providing  for  and  securing  the  issuance  of  a  series  of  bonds 
for  an  aggregate  principal  sum  not  exceeding  one  hundred  and  sixty 
million  dollars  ($160,000,000)  at  any  one  time  outstanding,  to  be  desig- 
nated as  "First  Refunding  Mortgage  Gold  Bonds"; 

And  whereas,  the  said  Southern  Pacific  Railroad  Company  has  ac- 
quired by  purchase  from  the  San  Francisco  and  Napa  Railway  Com- 
pany the  railroads  of  the  said  San  Francisco  and  Napa  Railway 
Company  extending  from  Wingo  to  Eamal,  in  the  county  of  Sonoma, 
state  of  California,  and  from  Buciili  to  Union,  in  the  county  of  Napa, 
in  said  state,  together  with  all  branches,  rights  of  way,  equipments, 
properties,  franchises  and  ai^purtenances  of  every  kind  and  nature 
whatsoever  thereunto  belonging  or  in  anywise  appertaining,  pursuant 
to  a  certain  indenture  and  conveyance  dated  the  twelfth  day  of  August, 
1911,  from  the  said  San  Francisco  and  Napa  Railway  Company  to 
said  Southern  Pacific  Railroad  Company,  and  recorded  August  29,  1911, 
in  volume  101  of  Deeds,  page  33,  records  of  Napa  county,  California, 
and  also  recorded  September  18,  1911,  in  book  280  of  Deeds,  page  128, 
Records  of  Sonoma  county,  California; 

And  whereas,  the  said  Equitable  Trust  Company  of  New  York  has, 
pursuant  to  the  provisions  of  sections  5,  6  and  7  of  article  II  of  said 
above-mentioned  trust  indenture,  issued  and  delivered  to  the  said 
Southern  Pacific  Railroad  Company  bonds  to  reimburse  the  said  South- 
ern Pacific  Railroad  Company  for  the  purchase  price  paid  by  it  for  the 
aforesaid  properties  of  said  San  Francisco  and  Napa  Railway  Com- 
pany; 

And  whereas,  under  the  provisions  of  section  6  of  article  II  of  said 
trust  indenture  the  said  property  thus  acquired  from  said  San  Fran- 
cisco and  Napa  Railway  Company  has  ipso  facto  become  and  remains 
subject  to  the  lien  and  operation  of  said  trust  indenture; 


Form  3211  Cowdery's  Form  Book.  1120 

And  whereas,  it  is  desired  that  this  instrument  be  executed  for  the 
purpose  of  effectually  subjecting  such  additional  property  to  the  lien 
and  operation  of  said  trust  indenture; 

Now,  therefore,  in  consideration  of  the  premises,  the  said  Southern 
Pacific  Railroad  Company  does  hereby  gi-ant,  bargain,  sell,  convey, 
assign  and  transfer  unto  the  said  Equitable  Trust  Company  of  New 
York,  and  its  successors  and  assigns  forever,  all  and  singular  the  rail- 
roads, assets-,  riirhts,  ])i'oper[ies,  privileges  and  franchises  acquired  by 
the  said  Southern  Pacific  Railroad  Company  from  the  said  San  Fran- 
cisco and  Napa  Railway  Company,  pursuant  to  the  conveyance  dated 
August  12,  1911,  from  the  San  Francisco  and  Napa  Railway  Company 
to  the  said  Southern  Pacific  Railroad  Company,  and  recorded,  as  above 
specified,  for  the  purpose  of  effectually  subjecting  all  of  said  property 
to  the  lien  and  operation  of  said  trust  indenture  with  the  same  effect 
as  though  the  said  property,  acquired  as  aforesaid  from  said  San  Fran- 
cisco and  Napa  Railway  Company,  had  been  originally  described  in  said 
trust  indenture  as  a  part  of  the  property  described  therein  as  being 
subjected  to  the  lien  of  said  trust  indenture. 

In  witness  whereof  the  said  Southern  Pacific  Railroad  Company  has 
caused  these   presents   to   be   executed  by   its   officers   thereunto   duly 

authorized  this day  of ,  1914. 

Southern  Pacific  Railroad  Company, 

By  . 

Exhibit  "C." 
Southern  Pacific  Railroad  Company. 

Balance  Sheet  June  30,  1914. 

(Preliminary) 
Assets. 

Cost  of  road  and  equipment $281,418,513  99 

Other   assets    42,127,090  75 

Southern  Pacific   Company 59,947,253  33 

Total $383,492,858  07 

Liabilities. 

Capital  Stock   $160,000,000  00 

Bonds    150,779,500  00 

Other   liabilities    39,593,373  31 

Surplus  33,119,984  76 

Total  $383,492,858  07 

Filed  Railroad  Commission,  State  of  California.  Sept.  22,  1914, 
Obarles  R.  Detrick,  Sec.    No.  1340.    Ex.  "C." 


1121  Railroad  Commission.  Form  3211 

Exhibit  "D." 

Southern  Pacific   Company. 

Condensed  Balance  Sheet  April  30,  1914. 

A  ssots 

Road  and  equipment  '. . .  ' $  84,994,756  23 

Improvements  on  leased  transportation  property 433,875  78 

Miscellaneous   physical  property 14,769,883  06 

Investments  in  affiliated  companies: 

Stocks  and  bonds  388,412,049  28 

Notes  31.820.351  12 

Advances    91,803,588  05 

Investments  in  nonaffiliated  companies: 

Stocks  252,943  33 

Bonds    8.106,154.35 

Notes    3,376,319  04 

Advances    3»092  46 

Current  assets: 

Cash  and  demand  loans  and  deposits..  .$35,547,934  47 

Special  deposits    1,320,818  32 

Loans  and  bills  receivable 379,881  25 

Traffic  and  car  service  balances  receiv- 
able           543,749  30 

Net  balances  receivable  from  agents  and 

conductors    1,349,455  61 

Miscellaneous  accounts  receivable 3,415,938  57 

Material  and  supplies  12,993,350  97 

Interest  and  dividends  receivable 2,072,993  77 

Other  current  assets   18,416  44 

Total '.  57,642,538  70 

Deferred  assets: 

Working   fund    advances $24,125  93 

Insurance  and  other  funds 60,000  00 

Other  deferred  assets   5,340,409  28 

Total 5,424,535  21 

Unadjusted  debits: 

Rents  and  insurance  premiums  paid  in 

advance $109,415  95 

Taxes  paid  in  advance 108.723  91 

Discount  on  funded  debt "^'^^^'^t^  ^^ 

Other  unadjusted  debits 3,313,023  13 

Total  '  5.501,807  40 

Total  assets $692,541,894  01 

Form  Book — 71 


Form  3211  Cov/dery's  Form  Book.  1122 

Liabilities. 

Capital   stock    $272,672,405  64 

Four  per  cent  gold  bonds   (C.  P.  stock  collateral),  due 

August  1,  1949   34,218,500  00 

Four  per  cent  twenty-year  convertible  gold  bonds  due 

June  1,  1929   81,150,000  00 

Four  per  cent  twenty-j^ear  convertible  gold  bonds,  sub- 
scription receipts  and  scrip 1,910  00 

Four  and  one-lialf  per  cent  twenty-year  gold  bonds,  due 

July  1,  1929   227,000  00 

h-;an  Francisco  terminal  first  mortgage  gold  bonds,   due 

April  1,  1950 24,984,500  00 

Equipment  trust  certificates,  scries  "A,"  due  March  1, 

1914  to  March  1,  1923 9,110,000  00 

Equipment  trust  certificates,  series  "B,"  due  September 

1,  1914    to  September  1,  1923 2,010,000  00 

One-year  five  per  cent  secured  gold  notes,  due  June  15, 

1914    25,390,000  00 

Five  per  cent  twenty-year  convertible  gold  bonds — Sub- 
scription   receipts    45,664,150  22 

Affiliated  companies   73,391,727  44 

Current  liabilities; 

Loans  and  bills  payable $       28,306  71 

Traf!TC    and    car   service    balances    pay- 
able           744.418  87 

Audited  accounts  and  wages  unpaid. ...     6,243,341  05 

Miscellaneous  accounts  payable  349,735  53 

Interest   matiu-ed   payable 322,886  00 

Dividends    payable    88,193  80 

Dividends   accrued   to   April   30    (pay- 
able July  1,  and  October  1) 5,453,448  10 

Interest   accrued — Not   due 3,715,711  G8 

Rents  accrued— Not  due   80,721  80 

Other  current   liabilities    9.895  95 

Total  ~  $17,036,659  49 

Deferred  liabilities: 

Liability  for  provident  funds 227.765  99 

Other  deferred  liabilities  483,640  39 

Total   '.  711,406  38 

Unadjusted  credits: 

Insurance  and  casualty  reserves 794.869  33 

Accrued    depreciation — Equipment 10,330,426  33 

Accrued     depreciation  —  Miscellaneous 

physical   properties    176,3(i9  62 

Other  unadjusted  credits 11,472.206  77 

Total  '.  "    22,773,872  05 

Total  corporate  surplus 83,199,762  79 

Total  liabilities   $692,541,894  01 


1123  Receipts.  Forms  3220-3222 

NOTE  .—There  has  been  charged  against  corporate  surplus  the  divi- 
dends which  have  been  declared  and  the  dividcntL^  vviiich  have  accrued 
to  April  30,  1914,  on  the  capital  stock  of  the  Southern  Pacific  Com- 
pany. The  regular  dividends,  hov^ever,  of  the  proprietary  companies, 
other  than  the  dividends  on  the  preferred  stock  of  the  Central  Pacific 
Railway  Company,  are  not  taken  over  into  the  corporate  surplus  ac- 
count until  June,  at  which  time  the  amount  thereof  will  apply  as  a 
reduction  of  the  liability  of  the  Southern  Pacific  Company  to  affiliated 
companies. 


RECEIPTS. 

See  Release  and  Satisfaction, 

S220.  Receipt  for  salary. 

3221.  Eeceipt  for  rent. 

3222.  Receipt  in  full  for  less  than  sum  due. 

3223.  Receipt  in  full  of  all  demands. 

3224.  Receipt  on  account. 

3225.  Receipt  for  money  paid  for  another. 

3226.  Receipt  for  a  special  purpose. 

3227.  Receipt  when  money  is  paid  hy  a  third  person. 

3228.  Receipt  of  interest  to  be  indorsed  on  a  bond. 

3229.  Receipt  in  full  for  a  special  account. 

3230.  Receipt  for  papers  in  a  case. 

3231.  Receipt  for  instrmnent  for  record. 

No.  3220.     Receipt  for  Salary. 

San  Francisco,  February  1,  191' 
Received  from  J.  D.,  the  sum  of  one  hundred  (TOO)  dollars,  salary  in 
full  for  the  month  of  January,  1917,  at  $100  per  month. 

A.  B. 

No.  3221.    Receipt  for  Rent. 

San  Francisco,  March  1,  1917. 
Received  of  R.  D.  C,  one  hundred  (100)  dollars,  rent  of  Water  Lots 
Nos  9  and  10,  on  Front  Street,  from  March  1,  1917,  to  April  1,  1017. 

A.  B. 

No.  3222.    Receipt  in  Full  for  Less  Than  Sum  Due. 

^1000.  ^^^  Francisco,  May  20,  1917. 

Received  of  J.  B.,  of  the  city  and  county  of  San  Francisco,  the  sura 
of  one  thousand  dollars,  in  full  and  complete  satisfaction  of  a  debt  due 
me  from  J.  B.,  of  the  same  place.  Said  sum  of  money  now  paid  iiie 
by  the  said  J.  B.,  being  less  than  the  true  sum  due  me  from  him  as 
aforesaid.  This  instrument  is  intended  as  a  receipt  of  a  less  sum  than 
the  whole  amount  due.  and  in  full  discharge  of  the  whole  amount  due. 

A.  B. 


Forms  3223-3231         Cowdery's  Form  Book.  1124 

No.  3223.    Receipt  in  Full  of  All  Demands. 

$100.  San  Francisco,  May  20,  1917, 

Received  of  J.  B.  one  tliousand  dollars,  in  full  of  all  demands  against 

him. 

A.  B. 

No.  3224.    Receipt  on  Account. 

$100.  San  Francisco,  May  30,  1917. 

Received  of  J.  B.  $100,  to  apply  on  account. 

A.  B. 

No.  3225.    Receipt  for  Money  Paid  for  Another. 
$100.  San  Francisco,  May  10,  1917. 

Received  of  J.  L.  $100,  in  full  of  all  demands  against  J.  L.  B. 

A.  B. 

No.  3226.    Receipt  for  a  Special  Purpose. 

Received  May  31,  1917,  from  L.  S.,  $100,  to  pay  the  account  of  0.  S. 

ng;ainst  liim. 

A.  B. 

No.  3227.    Receipt  When  Money  is  Paid  by  a  Third  Person. 

Oakland,  May  3,  1917. 
Received  of  L.  0.,  through  M.  A.,  $100,  in  full  of  all  demands  against 
L.  0.,  up  to  this  date. 

A.  B. 

No.  3228.    Receipt  of  Interest  to  be  Indorsed  on  a  Bond. 

Received  May  3,  1917,  of  T.  C,  $100,  being  the  semi-annual  interest 
this  day  due  on  the  within  bond. 

A.  B. 

No.  3229.    Receipt  in  Full  for  a  Special  Account. 

San  Jose,  May  20,  1917. 

Received  from  M.  0.,  $100,  in  full  of  all  demands  for  rent  to  May  3, 

1917. 

A.  B. 

No.  3230.    Receipt  for  Papers  in  a  Case. 

San  Francisco,  May  15,  1917. 
Received  of  A.  B.,  the  following  papers:  [Description.] 

A.  B. 

No.  3231.    Receipt  for  Instrument  for  Record. 

Recorder's  Office,  Sacramento  County,  Cal. 
H.  H.  to   G.   C.   P.     Deed.     Received  the   above-entitled  instrument 
for  record,  from  G.  C.  P.,  Febniary  3,  1917.    Returnable  only  to  the 
party  leaving  the  same  or  order.     $7.50. 


A.  B. 


RECONVEYANCE. 

Reconveyance  of  Trust  Premises,  No.  1460. 


1125  Registration  of  Titles.  Form  3240 


REGISTRATION  OF  TITLES. 

3240.  Petition  for  registration  of  land  under  Torrens  Act. 

3241.  Order  for  service  and  publication  of  notice  of  filing  petition. 

3242.  Notice  of  filing  of  petition  for  registration  of  title  under  Torrens 

Act. 

3243.  Decree  establishing  title. 

3244.  Certificate  of  title — Los  Angeles  form. 

3245.  Certificate  of  title — Humboldt  lorrn. 

3246.  Application  for  initial  registration — Hawaii. 

3247.  Affidavit  to  application — Hav/aii. 

3248.  Application  for  initial  registration — Washington. 

3249.  Notice  of  application  for  registration — Hawaii. 
3249a.  Notice  of  application  for  re:-.istration — Orogon. 

3249b.  Acknowledgment  of  husband  or  wife's  assent  to  registration — Oregon. 
3249c.  Simimons  on  application  for  registration — Washington. 
3249d.  Summons  on  application  for  registration — South  Dakota. 
3249e.  Certificate  of  title — South  Dakota. 

No.  3240.    Petition  for  Registration  of  Land  Under  Torrens  Act. 

In  the  Superior  Court  of  the  State  of  California,  in  and  for  the  County 

of  Placer. 

In  the  Matter  of  the  Application  of  Lillian  M.  Short  for  Initial  Regis- 
tration of  Title  to  Land. 
To  the  Honorable,  the  Superior  Court  of  the  State  of  California,  in 
and  for  the  County  of  Placer: 
Your  petitioner  hereby  makes  application  to  have  registered  the  title 
to  the  land  hereinafter  described  and  in  that  behalf  alleges: 

I. 

That  the  full  name  of  the  petitioner  is  Lillian  M.  Short;  her  occu- 
pation is  housewife;  residence  upon  the  land  liereinafter  described; 
and  postoffice  address,  Colfax,  Placer  county,  California. 

II. 

That  petitioner  is  married,  the  full  name  of  her  husband  being  Will- 
iam B.  Short,  and  his  residence  the  same  as  that  of  petitioner;  that 
the  applicant  is  of  the  full  age  of  over  twenty-one  years  and  is  free  from 
any  disability. 

ni. 

The  description  of  the  land  sought  to  be  registered  is  as  follows: 
[Description.] 

IV. 

That  the  assessed  value  of  said  land,  including  permanent  improve- 
ments thereon,  as  the  same  were  valued  for  county  taxation  the  last 
time  the  same  were  assessed  for  county  taxes  next  preceding  the  filing 
of  this  petition,  was  $1,430. 


Form  3240  Cowdery's  Form  Book.  1120 

V. 

That  the  estate  or  interest  which  your  petitioner  has  or  claims  in 
said  property  is  separate  property  and  consists  of  an  estate  in  fee  sim- 
ple; that  the  same  is  not  subject  to  a  homestead,  or  to  any  easement, 
lien  or  encumbrance  whatsoever,  excepting  the  rights  of  the  couuLy  of 

Placer  to  use  for  a  county  road  a  strip feet  in  width  along  a  part 

of  the  easterly  boundary  of  said  land. 

VI. 

That  the  property  adjoining  said  land  on  the  east  is  owned  by  the 
county  of  Placer  (a  municipal  corporation),  and  is  known  as  the  upper 
county  road  leading  from  Colfax  to  Landers,  in  which  county  road 
petitioner  claims  no  interest  and  in  which  she  does  not  desire  to  have 
any  line  of  way  determined;  that  the  property  adjoining  said  land  on 
the  north  is  owned  by  J.  E.  Tade,  whose  postoffice  address  is  Colfax, 
California;  that  the  property  adjoining  said  land  on  the  west  is  owned 
by  E,  M.  McCollough,  whose  postoffice  address  is  Colfax,  California; 
and  that  the  property  adjoining  said  land  on  the  south  is  owned  by 
J.  W.  Mowrer,  whose  postoffice  address  is  Colfax,  California,  and  by 
D.  VinkemuUer,  whose  postoffice  address  is  Colfax,  California. 

VII. 

That  the  petitioner  and  her  predecessors  in  interest  have  been  in  the 
actual,  exclusive  and  adverse  possession  of  said  land  for  more  than  five 
years  continuously  next  preceding  the  filing  of  this  petition,  claiming 
to  own  the  same  in  fee  against  the  world,  and  that  tliey  have  paid  all 
taxes  of  every  kind  and  nature  legally  levied  or  assessed  against  said 
land  during  the  same  period;  that  the  character  of  such  possession 
during  all  of  said  period  has  been  as  follows: 

All  of  said  land  has  been  inclosed  by  a  substantial  fence,  has  been 
cultivated  and  has  had  gTowing  thereon  orchards  and  vineyards  cover- 
ing jjraetieally  the  entire  area  thereof,  the  exceptions  being  small  par- 
cels adjoining  the  exterior  boundaries  which  have  been  devoted  eitlier 
to  the  accumulation  of  water,  the  maintenance  of  buildings  and  suit- 
able yards  thereabout  and  other  small  portions  adjoining  the  fences 
which  it  was  not  practical  to  cultivate;  that  said  petitioner  and  her 
predecessors  in  interest,  during  all  said  time,  have  frequently  and 
continually  been  upon  said  land,  and  exercised  all  the  rights  customary 
to  be  exercised  by  the  owners  of  similar  land  in  fee  simple,  and  that 
petitioner  has  resided  personally  upon  said  land  for  more  than  one 
year  last  past,  and  that  her  predecessors  during  all  the  remainder  of 
said  period  of  five  years  have  maintained  a  representative  or  repre- 
sentatives occupying  said  land,  and  not  only  cultivating  the  same  as 
alleged,  but  marketing  the  produce  gi'own  thereon. 

VIII. 

That  petitioner  has  herein  stated  all  the  facts  within  her  knowledge 

connected  v/ith  said  land  sought  to  bo  registered  and  the  title  thereof. 


1127  Eegisticatjon  of  Titles.  Form  3241 

and  that  she  cloes  not  know,  nor  has  she  ever  heard,  of  any  person  who 
has  or  claims  any  interest  therein  by  way  of  title,  lien  or  other  claira 
adverse  to  herself. 

IX. 

That  annexed  hereto  and  filed  herev/ith  is  a  plat  or  plan  of  f^urvey 
of  said  land,  made  by  a  licensed  surveyor,  showing  the  bouiuUuies  of 
the  land  and  its  relation  to  adjoining  lands  and  streois. 

Wherefore,  your  petitoner  prays  this  court  that  it  find  and  declare 
the  title  to  said  land  to  be  in  her  in  fee  simple,  free  and  clear  of  any 
title,  lien  or  other  claim  in  favor  of  any  other  person,  and  that  it 
make  its  decree  adjudging  her  said  interest  and  directing  the  registrar 
of  titles  of  the  connty  of  Placer  to  register  said  title  in  the  name  of 
said  petitioner  and  issue  to  her  a  certificate  of  title  therefor,  as  pro- 
vided by  law;  and  for  such  other  and  further  relief  as  to  the  court 
shall  seem  meet  and  agreeable  to  equity, 

Walter  H.   Robinson, 
Attorney  for  Petitioner. 

State  of  California, 
County  of  Piacer, — S3. 
Lillian  M.  Short,  being  first  duly  sworn,  deposes  and  says: 
That  she  is  the  petitioner  named  in  the  foregoing  petition;  that  she 
has  read  said  petition  and  knov/s  the  contents  thereof,   and  that  the 
same  is  true  of  her  own  knov'ledge,  except   as  to  matters  which   are 
therein  stated  on  information  and  belief,  and  that  as  to  those  matters 

she  believes  it  to  be  ti-ue. 

Lillian  M.   Short. 

Subscribed  and  sworn  to  before  me  this  twenty-second  day  of  Sep- 
tember, 1917. 

[Seal]  '^^^  ^^^y* 

Notary  P.iblic  in  and  for  the  County  of  Placer,  State  of  California. 

I,  William  B.  Short,  husband  of  the  petitioner  in  the  foro:;-oing  peti- 
tion named,  hereby  assent  to  tlie  registration  of  the  land  described  in 
said  petition  and  join  in  the  prayer  of  said  petitioner. 

Dated  September  22,  1917. 

Wm.  B.  Short. 

[Plat  annexed.] 

No.   3211.    Order   for   Service   aad  Publication  of   Notice  of   Filins 

Petition. 
[Title  of  Court  and  Cause.] 

The  verified  petition  of  Lillian  M.  Short,  praying  for  registration  of 
title  to  the  land  therein  described,  having  been  duly  filed,  on  motion 
of  Walter  H.  Robinson,  Esq.,  her  attorney,  for  an  order  directing 
notice  of  said  petition  to  be  given  as  provided  by  law,  it  appearing  by 
said  petition  that  the  title  to  tlie  land  therein  described  is  substan- 
tially as  alleged  and  that  it  is  a  proper  case  for  this  order,— 


Form  3242  Cowdery's  Form  Book.  1128 

It  is  hereby  ordered  that  the  clerk  of  this  court  issue  a  notice,  under 
the  seal  of  this  court,  directed  to  all  persons  appearing  by  said  petition 
to  have  any  interest  in  said  land  or  any  part  thereof,  to  all  adjoining 
owners  mentioned  in  said  petition  and  to  all  whom  it  may  concern, 
requiring  them  to  appear  and  answer  said  petition,  such  notice  to  con- 
tain such  matters  as  are  required  and  to  be  in  the  fonn  provided  by 
section  12  of  "An  Act  for  the  Certification  of  Land  Title  and  the 
Simplification  of  the  Transfer  of  Real  Estate,"  approved  March  17, 
1897,  and  amended  at  the  general  election  held  November  3,  1914, 
known  as  the  "Torrens  Act." 

Further  ordered  that  such  notice  be  served  upon  all  persons  upon 
whom  it  is  required  to  be  served  by  the  provisions  of  said  act  and  in 
the  manner  therein  set  forth,  and  that  it  also  be  published  in  the 
"Placer  Herald,"  a  newspaper  of  general  circulation,  published  weekly 
in  the  county  of  Placer,  state  of  California,  once  a  week  for  four 
successive  weeks. 

Done  in  open  court  this  eighth  day  of  October,  1917. 

J.  E.  Prewett, 
Judge  of  said  Superior  Court. 

No.  3242.    Notice  of  Filing  of  Petition  for  Registration  of  Title  Under 

Torrens  Act. 
[Title  of  Court  and  Cavise.] 
The  People  of  the  State  of  California  Send  Greeting  to: 

J.  E.  Tade,  E.  M.  McCollough,  J.  W.  Mowrer,  D.  Winkemuller,  the 
county  of  Placer  (a  corporation),  and  to  all  other  persons  unknown 
claiming  any  estate,  interest,  right,  title  or  lien  in,  to  or  upon  the  real 
estate  hereinafter  described,  or  any  part  thereof,  and  to  all  wliom  it  may 
concern: 

Take  notice  that  a  petition  has  been  filed  in  this  court  by  Lillian  M. 
Short  for  the  registration  of  the  title  to  the  real  estate  hereinafter 
described,  as  provided  by  "An  Act  for  the  Certification  of  Land  Titles 
and  the  Simplification  of  the  Transfer  of  Real  Estate,"  approved  Ivlarch 
17,  1897,  as  the  same  was  amended  at  the  general  election  lield  Novem- 
ber 3,  1914,  commonly  known  as  the  "Torrens  Act,"  and  praying  for  a 
decree  declaring  said  applicant  to  be  the  owner  in  fee  of  such  land 
according  to  the  prayer. 

You  and  each  of  you  are  hereby  directed  to  appear  and  ansv.er  said 
petition  within  ten  days  after  personal  service  of  this  notice  upon  you 
if  served  within  this  county,  or  within  thirty  days  if  served  elsewhere 
in  the  state  of  California,  or  within  sixty  days  after  the  first  publica- 
tion of  this  notice  if  it  has  not  been  personally  served  upon  you  in 
this  state.  If  you  fail  to  so  appear  and  answer,  the  court  will  grant  said 
petition  and  direct  registration  of  the  title  to  said  land  in  accordance 
with  the  terms  of  said  act  and  you  will  be  forever  barred  from  disputing 
the  same. 


1329  Registration  of  Titles.  Form  3243 

The  real  estate  described  in  said  petition  and  title  to  which  is,  by 
this   proceeding,   sought   to   be   registered   is   situate   in   the   county   of 
Placer,  state  of  California,  particularly  described  as  follows,  to  wit: 
Witness  the  Honorable  J.  E.  Prewett,  Judge. 

Given  under  my  hand  and  the  seal  of  the  superior  court  of  the  state 
of  California,  in  and  for  the  county  of  Placer,  this  eiyhlh  day  of 
October,  1917. 

[Seal]  Marshall  Z.  Lowell, 

Clerk. 
Walter  H.  Robinson, 

Attornej-  for  Petitioner, 

Hobart  Bldg.,  San  Francisco,  Cal. 
First  Publication  of  the  above  notice  was  made  on  October  20,  1917. 
Last   Publication,  November  17,   1917. 

No.  3243.    Decree  Establishing  Title. 
[Title  of  Court  and  Cause.] 

This  cause  came  on  regularly  for  trial  on  the  eighth  day  of  May, 
1916,  Alfred  Gi-undy,  Esq.,  appearing  as  counsel  for  petitioner,  and 
no  appearance  being  made  by  or  for  any  of  the  defendants  or  by  any 
person  in  opposition  to  the  petition,  each  and  all  of  them  making  de- 
fault; trial  by  jury  having  been  waived,  the  cause  was  tried  to  {lie 
court;  evidence  was  offered  on  the  part  of  the  petitioner,  and  none  was 
offered  on  the  part  of  any  defendant  or  in  opposition  to  the  petition, 
and  the  evidence  being  closed,  the  cause  was  submitted  to  the  court 
for  consideration  and  decision;  and  after  due  deliberation  thereon,  the 
court  delivers  its  findings  and  decision  in  writing,  which  is  filed,  and 
orders  judgment  and  decree  to  be  entered  in  accordance  therewitli. 

Wherefore,  by  reason  of  law  and  the  findings  aforesaid,  it  is  adjudged 
and  decreed: 

I. 

That  James  Porter,  maiTied  to  Katie  E.  Porter,  both  residing  in 
Minneapolis,  Minnesota,  is  the  ov.-ner  in  fee,  as  his  separate  property, 
of  the  following  described  premises:  [Description.] 

And  the  title  to  the  said  lots  is  hereby  established,  confirmed  and 
forever  quieted  in  the  said  James  Porter,  subject  alone  to  the  above- 
mentioned  exception  and  to  anj'^  unpaid  taxes,  subsequent  to  the  first 
half  of  the  taxes  for  the  year  1915-16. 

n. 

That  James  Porter,  married  to  Katie  E.  Porter,  both  residing  in 
Minneapolis,  Minnesota,  is  the  ov>-ner  in  fee,  as  his  separate  propercy, 
of  the  following  described  premises:   [Description.] 

And  the  title  to  the  said  lands  is  hereby  established,  confirmed  and 
forever  quieted  in  the  said  James  Porter,  subject  alone  to  the  above- 
mentioned  exception  and  to  any  unpaid  taxes,  subsequent  to  the  first 
half  of  the  taxes  for  the  year  1915-16. 


Form  3244  Cowdery's  Form  Book.  1130 

III. 

That  the  title  to  all  of  the  said  lots  and  lands  be  and  the  sanie  is 
hereby  ordered  registered  as  herein  set  out,  and  that  certificates  i^sue 
therefor   to   James  Porter. 
Judgment  rendered  May  8,  1916. 

J.  W.  Mahon, 
Judge  of  Superior  Court, 

No.  3244.    Certificate  of  Title— Los  Angeles  Form. 

Caution. 

Examine  original  certificate  in  the  office  of  the  Registrar  of  Land  Titles, 
because  certaiii  liens,  judgiiients,  or  other  charges,  may  be  entered 
thereon  since  the  issuance  of  this  duplicate  certificate. 

No.  . 


Issued  pursuant  to  the  provisions  and  requirements  of  the  law  enacted 
by  the  people  of  the  state  of  California  on  the  third  day  of  November, 
1914,  under  the  reserved  legislative  power,  known  as  the  initiative,  en- 
titled "An  act  to  amend  an  act  entitled  'An  act  for  the  certification  of 
land  titles  and  the  simplilication  of  the  transfer  of  real  estate,'  approved 
March  17,  1897,"  and  brought  under  first  registration  by  Certificate 

No.  on  tlie  day  of  ,  19 — ,  in  obedience  to  the  mandates 

of  the  decree  of  the  superior  court  of  the  state  of  California,  in  and 
for  the  county  of  Los  Angeles. 

(Original  in  the  Office  of  the  Registrar  of  Land  Titles.) 
Owner's  Duplicate. 

State  of  California, 
County  of  Los  Angeles, — ss. 

This  is  to  certify,  that  ,  is  the  owner  of  an  estate  in  fee  simple 

of  and  in  the  foliowing  described  land  situated  in  the  county  of  Los 
Angeles,  state  of  California,  to  wit:  . 

Subject,  however,  to  the  estates,  interests,  encumbrances,  easements, 
liens  and  charges  noted  by  the  memorials  hereunder  or  indorsed  hereon-, 
and  subject  also  to  whatever  right  of  appeal  from  the  decree  direct- 
ing the  first  registration  of  title,  if  exercised  within  the  time  provided 
by  law  for  appeal  from  judgment  in  a  civil  action,  which  time  is  now 
defined  to  be  within  six  months  after  the  entry  of  the  judgment;  and 
subject  also  to  the  exceptions,  qualifications,  provisions,  encumbrances, 
rights,  conditions  and  benefits,  set  forth  in  sections  34,  35,  36,  37,  38, 
39  and  45  of  the  above-mentioned  law,  enacted  by  the  people  as  afore- 
said w^iich  sections  read  as  follows : 

"Sec.  34.  The  registered  owner  of  any  estate  or  interest  in  land 
brought  under  this  act  shall,  except  in  case  of  fraud  to  which  he  is  a 
party,  or  of  the  person  through  whom  he  claims  without  valuable  con- 
sideration paid  in  srood  faith,  hold  the  same  subject  only  to  such 
estates,  mortgages,  liens,  charges,  and  interests  as  may  be  noted  in  the 


1131  Registration  of  Titles.  Form  3244 

last  certificate  of  title  in  the  registrar's  ofl&ce,  and  free  from  all  others, 
except : 

"1.  Any  subsisting  lease  or  agreement  for  a  lease  for  a  period  not 
exceeding  one  year,  where  there  is  actual  occupation  of  the  land  under 
lease.     The  term  "lease"  shall  include  a  verbal  letting, 

"2.  All  land  embraced  in  the  description  contained  in  the  certificate 
which  has  theretofore  been  legally  dedicated  as  or  declared  by  a  com- 
petent court  to  be  a  public  highway. 

"3.  Any  subsisting  right  of  way  or  other  easement,  created  within 
one  year  before  issue  of  the  certificate  upon,  over,  or  in  respect  of  the 
land. 

"4.  Any  tax  or  special  assessment  for  which  a  sale  of  the  land  has 
not  been  had  at  the  date  of  the  certificate  of  title. 

"5.  Such  right  of  action  or  claim  as  is  allowed  by  this  act. 

"6.  Liens,  claims,  or  riglits  arising  under  the  laws  of  the  United 
States,  which  the  statutes  of  California  cannot  require  to  appear  of 
record  upon  the  register. 

"Sec.  35.  After  land  has  been  registered,  no  title  thereto  adverse 
or  in  derogation  to  the  title  of  the  registered  owner  shall  be  acquired 
by  any  length  of  possession. 

"Sec.  36.  Except  in  case  of  fraud,  and  except  as  herein  otherwise 
provided,  no  person  taking  a  transfer  of  registered  land,  or  any  estate 
or  interest  therein,  or  of  any  charge  upon  the  same,  from  the  registered 
ov/ner,  shall  be  held  to  inquire  into  the  circumstances  under  which,  or 
the  consideration  for  which,  such  owner  or  any  previous  registered  owner 
was  registered,  or  be  affected  with  notice,  actual  or  constructive,  of  any 
unregistered  trust,  lien,  claim,  demand,  or  interest;  and  the  knowledge 
that  any  unregistered  trust,  lien,  claim,  demand,  or  interest  is  in  ex- 
istence shall  not  of  itself  be  imputed  as  fraud. 

"Sec.  37.  In  case  of  fraud,  any  person  defrauded  shall  have  all 
rights  and  remedies  that  he  would  have  had  if  the  land  were  not  under 
the  provisions  of  this  act;  provided,  that  nothing  contained  in  this  sec- 
tion shall  affect  the  title  of  a  registered  owner  who  has  taken  bona  fide 
for  a  valuable  consideration,  or  of  any  person  bona  fide  claiming 
through  or  under  him. 

"Sec.  38.  If  a  deed  or  other  instrument  is  registered,  which  is  forced, 
or  executed  by  a  person  under  legal  disability,  such  registration  shall  be 
void;  provided,  that  the  title  of  a  registered  owner,  who  has  taken  bona 
fide  for  a  valuable  consideration,  shall  not  be  affected  by  reason  of  his 
claiming  title  through  some  one,  the  registration  of  whose  right  or  in- 
terest v\-as  void,  as  provided  in  this  section. 

"Sec.  39.  No  unregistered  osiatc,  interest,  power,  right,  claim,  con- 
tract, or  trust  shall  prevail  against  the  title  of  a  registered  owner  taking 
bona  fide  for  a  valuable  consideration,  or  of  any  person  bona  fide  claim- 
ing through  or  under  him. 

"Sec,  45.  No  person  shall  commence  any  action  at  law  or  in  equity 
for  the  recovery  of  laud,  or  assert  any  interest  or  right  in,  or  lien  or 
demand  upon  the  same,  or  make  entry  thereon  adversely  to  the  title  or 


Form  3244 


Cowdery's  Form  Book. 


1132 


interest  certified  in  the  first  certificate  bringing  the  land  under  the 
operation  of  this  act  after  one  year  following  the  first  registration.  It 
shall  not  be  an  exception  to  this  rule  that  the  person  entitled  to  bring 
the  action  or  make  the  entry  is  deceased,  an  infant,  lunatic,  or  is  under 
any  disability,  but  action  may  be  brought  by  such  person  by  his  next 
friend  or  guardian  or  by  the  administrator  or  the  executor  of  a  deceased 
person.  It  shall  be  the  duty  of  the  gTiardiau,  if  there  is  any,  to  bring 
action  in  the  name  of  his  ward  whenever  it  is  necessary  to  preserve  or 
enforce  the  ward's  rights  in  registered  land;  provided,  however,  before 
such  action  shall  proceed,  it  must  be  made  to  appear  to  the  court  tliat 
the  person  bringing  such  action  or  those  under  whom  he  claims,  had  no 
actual  notice  of  the  proceedings  to  register  such  lands  in  time  to  appear 
and  file  his  objections  or  assert  his  claim.  The  provisions  of  this  sec- 
tion shall  in  no  way  affect  or  disturb  the  rights  of  any  person  in  said 
land,  acquired  subsequent  to  the  registration  thereof,  bona  fide  and 
without  knowledge  and  for  a  valuable  consideration." 

In  witness  whereof,  I  have  hereunto  set  my  hand  and   caused  my 
official  seal  to  be  affixed  this day  of ,  19 — . 


Registrar  of  Titles,  Los  Angeles  County,  California. 

Memorials  of  Estates,  Easements  or  Charges  on  the  Land  Described  in 
the  Certificate  of  Title  Hereto  Attached. 


Document 
Number 

Date  of 
Document 

Date  of  Registration 

Nature  of,       ^ 
Amount  and  -c,        _  Resi- 
Terms  of     ^^.vor  ^ence 
Document 

Signature 

Month 

Day 

Year 

Hour 

Registrar 

A.  M. 

P.  M. 

[On  reverse  side:] 
Volume  .     Page  — 


Registrar's  Certificate  of  Title. 

No.  . 

Los  Angeles  County,  California. 

,  Owner. 

Important  Notice. 
All  documents  in  any  way  affecting  the  title  to  the  premises  described 
in  the  within  certificate  must  be  filed  in  the  office  of  the  Registrar  of 
Land  Titles,  and  not  in  the  office  of  Recorder  of  Deeds. 

Any  instrument  offered  for  filing  with  the  registrar  of  any  county, 
seeking  to  affect  registered  land,  must  have  noted  thereon  a  statement 
of  the'' fact  that  the  land  sought  to  be  affected  is  registered  land,  with 
the  name  of  the  registered  owner  and  with  tlie  number  or  numbers  of 
the  certificate  or  certificates  of  the  last  registration  thereof.  Otherwise 
none  of  such  instruments  shall  be  filed,  nor  shall  the  same  affect  the 
title  of  the,  or  any  part  of  the  land  soiight  to  be  affected,  nor  will 


1133 


Registration  of  Titles. 


Form  3213 


the  same  impart  any  notice  thereof  to  the  registered  owner  or  to  any 
person  dealing  with  sucli  land. 

Every  voluntary  instrument  must  contain  or  have  indorsed  upon  it 
the  full  name,  residence  and  postollice  address  of  all  persons  who  ac- 
quire or  claim  an  interest  under  such  instrument. 

No.  3245.    Certificate  of  Title— Humboldt  Form. 

Owner's  Duplicate. 

No.  10,000. 

State  of  California, 

County  of  Humboldt,— ss.  Date  of  first  registration. 

January  32,  1900. 

This  is  to  certify,  that  Uncle  Sam,  now  residing  at  Bug  Creek,  county 
of  Humboldt,  in  the  state  of  California,  and  by  occupation  kaiser  hunter, 
is  the  owner  of  an  estate  in  fee  simple  in  that  certain  piece  or  parcel 
of  land  situate  in  the  county  of  Humboldt,  state  of  California,  par- 
ticularly described  as  follows,  to  wit:  Lot  1  in  block  5,000  in  the  city 
of  Wrangletown. 

Subject,  however,  to  the  estates,  easements,  liens,  charaes  and  encum- 
brances hereunder  noted:  Said  "owner"  is  of  the  age  of  21  years;  is  not 
married,  and  is  under  no  disability : 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  my 
official  seal  to  be  affixed  this  fortieth  day  of  January,  1900. 

[Seal]  T.  W.   Richmond, 

Registrar  of  Titles  in  and  for  the  County  of  Humboldt,  State  of  Cali- 
fornia. 

Memorial  of  Estates,  Assessments,  Liens,  Charges  and  Encumbrances  on 
the  Land  Described  in  the  Above  and  Within  Certificate  of  Title, 
Other  Than  Taxes,  for  Nonpayment  of  Which  Said  Property  Has 
not  Yet  Been  Sold. 


©ocument 
No. 

Kind  of 
Instrument 

Date  of  Registration 

.\mount 

In 

Favor 

of 

Resi- 
dence 

Signature 
of 

Month 

Day 

Year 

Hour  &  Min. 

Registrar 

1000 

Lease 

Jan. 

1 

1900 

6      A 

$10  per 
annum 

Aunt 
Sue 

Alaska 

T.  W. 
Richmond 

3001 

Mortgage 

Jan. 

2 

1901 

7      A. 

ifSOO.OO 

Dandj 
Bill 

Klamath 

T.  W. 

Richmond 

No. 


[On  reverse  side:] 
-.    Vol.  .     Page 


Certificate  of  Title 
Under  Torrens  Land  Act. 


Owner. 


Humboldt  County,  State  of  California. 


Forms  3246-3248         Cowdery  's  Form  Book,  1134 

No.  3246.    Application  for  Initial  Registration — Hawaii. 

Territory  of  Hawaii. 
To  the  Honorable  the  Judge  of  the  Court  of  Land  Registration. 

I,  the  undersigned,  hereby  apply  to  have  the  land  hereinafter  de- 
scribed brought  under  the  operation  and  provisions  of  chapter  154  of 
the  Revised  Laws,  and  to  have  my  title  therein  registered  and  con- 
firmed as  an  absolute  title. 

And  I  declare  tliat  I  am  the  owner  in  fee  simple  of  a  certain  parcel  of 
land,  with  the  buildings,  situate  in ;  that  said  land,  at  the  last  assess- 
ment for  taxes,  was  assessed  at  dollars  ($ ),  and  the  build- 
ings at  dollars  ($ ) ;  that  I  do  not  know  of  any  mortgage  or 

encumbrance   affecting   said   land,   or   that   any   other   person   has    any 
estate  or  interest  therein,  legal  or  equitable,  in  possession,  remainder, 

reversion  or  expectancy;  that  I  obtained  title  ;  that  said  land  is 

not  occupied;  that  the  names  in  full,  and  addresses,  so  far  as  known 
to  me,  of  the  occupants  of  all  lands  adjoining  said  land  are  as  follows: 

;  that  the  names  and  addi-esses,  so  far  as  known  to  me,  of  the 

owners  of  all  lands  adjoining  the  above  land  are  as  follows:  ;  that 

I  am  married;  that  my  full  name,  residence  and  postoffice  address  are 
as   follows :   . 

Dated  at  ,  this  day  of ,  19 — . 

[Schedule  of  documents  should  here  be  given.] 

No.  3247.    Affidavit  to  Application— Hawaii. 


[Signature.] 
.  19  — 


Territory  of  Hawaii, 

County    of    ,    ss. 

Then  personally  appeared  before  me  the  above-named  ,  known 

to  me  to  be  the  signer  of  the  foregoing  application,  and  made  oath  that 
the  statements  made  therein,  so  far  as  made  of  his  own  knowledge,  are 
true,  and,  so  far  as  made  upon  information  and  belief,  that  he  believes 
them  to  be  tnie. 

,  Notary  Public. 

No.  3248.    Application  for  Initial  Registration — ^Wasliington. 

State  of , 

County  of  ,  ss. 

In  the  Matter  of  the  Application  of  to  Register  the  Title  to  the 

Land  Hereinafter  Described. 

In  the  Court  of  the  State  of ,  in  and  for  County. 

Petition. 

To  the  Honorable ,  Judge  of  said  Court. 

I  hereby  make  application  to  have  registered  the  title  to  the  land 
hereinafter  described,  and  do  solemnly  swear  that  the  answers  to  the 
questions  herewith,  and  the  statements  herein  contained,  are  true,  to 
the  best  of  my  knowledge,  information,  and  belief. 


1135                            Registration  of  Titles.                   Form  3249 
1.  Name  of  applicant, ;  age, years.    Residence, .  Married 


to . 

2.  Application  made  by  ,  acting  as  agent.     Residence,  . 

3.  Description  of  real  estate  is  as  follows:  ,  and  the  applicant's 

estate  or  interest  therein  is ,  and  the  same  is  subject  to  homestead 

exemption. 

4.  The  land  is  occupied  by  ,  whose  postoffice  address  is  . 

The  estate,  interest,  or  claim  of  occupant  is . 

5.  Liens   and  encumbrances  on  the   land,  .     Name  of  holder  or 

owner  thereof  is  .     Whose  postoffice  address  is  — — .     Amount  of 

claim,  $ .     Recorded,  book  ,  page  ,  of  the  records  of  said 

county. 

6.  Other  persons,  firms  or  corporations  having  or  claiming  any  estate, 
interest,  or  claim,  in  law  or  equity,  in  possession,  remainder,  reversion 

or  expectancy  in  said  land,   are  ,   whose  postoffice   addresses   are 

,  respectively.     Character  of  estate,  interest  or  claim  is  . 

7.  Other  facts  connected  with  said  land  and  appropriate  to  be  con- 
sidered in  this  registration  proceeding  are  . 

8.  Therefore  the  applicant  prays  this  honorable  court  to  find  or 
declare  the  title  or  interest  of  the  applicant  in  said  land  and  decree 
the  same,  and  order  the  registrar  of  titles  to  register  the  same;  and 
to  grant  such  other  and  further  relief  as  may  be  proper  in  the  premises. 

[Signature.] 
By  ,  Agent. 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

No.  3249.    Notice  of  Application  for  Registration— Hawaii. 

Registration  of  Title. 
Honolulu,   Territory  of  Hawaii, — ss. 

Court  of  Land  Registration. 
To  ,  and  to  All  Whom  It  may  Concern. 

Whereas  an  application  has  been  presented  to  said  court  by  , 

to  register  and  confirm  his  title  in  the  folloAving  described  land:_ . 

You  are  hereby  cited  to  appear  at  the  court  of  land  registration  to 

be  held  at  ,  in  said  island  of  ,  on  the  day  of ,  19—, 

at  o'clock  in  the  forenoon,  to  show  cause,  if  any  you  have,  why 

the  prayer  of  the  said  application  should  not  be  granted.  And  unless 
you  appear  at  said  court,  at  the  time  and  place  aforesaid,  your  default 
will  be  recorded,  and  the  said  application  will  be  taken  as  confessed, 
and  you  will  be  forever  barred  from  contesting  said  application  or  any 
decree  entered  thereon. 

Witness  ,  Esquire,  judge  of  said  court,  this  day  of  , 

in  the  vear  nineteen  hundred  and  (10 — )• 

Attest.  '  Registrar. 


Forms  3249a-3249c     Cowdery's  Form  Book.  1136 

No.  3249a.    Notice  of  Application  for  Registration— Oregon. 
Registration  of  Land  Title. 

In  the  Matter  of  the  Application  of to  Register  the  Title  to , 

and  to  All  Whom  It  may  Concern. 

Take  notice  that  on  the  day  of  ,  19—,  an  application  was 

filed  by  said ,  in  the court  of county,  for  initial  registra- 
tion of  the  title  of  the  land  above  described. 

Now,  unless  you  appear  on  or  before  the  day  of  ,  19 — , 

and  show  cause  why  such  application  shall  not  be  gi'anted,  the  same 
will  be  taken  as-  confessed,  and  a  decree  will  be  entered  according  to 
the  prayer  of  the  application,  and  you  will  be  forever  barred  from 
disputing  the  same. 

,  Clerk  of  the  Court. 

No.  3249b.    Acknowledgment  of  Husband  or  Wife's  Assent  to  Regis- 
tration— Oregon. 

State  of , 

County  of ,  ss. 

Ij  ,  a  in  and  for  said  county,  in  the  state  aforesaid,  do 

hereby  certify  that ,  personally  known  to  me  to  be  the  same  person 

whose  name  is  subscribed  to  the  foregoing  assent,  appeared  before  me 
this  day  in  person  and  acknowledged  the  said  assent  as  his  free  and 
voluntary  act  for  the  uses  and  purposes  therein  set  forth. 

Given  under  my  hand  and  seal  this day  of ,  19 — . 

[Official  signature.] 

No.  3249c.    Summons  on  Application  for  Registration— Washington. 

State  of , 

County  of ,  ss. 

[Title  of  Court  and  Cause.] 

The  State  of to  the  Above-named  Defendants,  Greeting. 

You  are  hereby  summoned  and  required  to  answer  the  application 
of  the  applicant,  plaintiff  in  the  above-entitled  application,  for  registra- 
tion of  the  following  land  situate  in  county,  ,  to  wit:  , 

and  to  file  your  answer  to  the  said  application  in  the  office  of  the  clerk 
of  said  court,  in  said  county,  within  twenty  days  after  the  service  of 
this  summons  upon  you,  exclusive  of  the  day  of  such  service;  and  if 
you  fail  to  answer  the  said  application  within  the  time  aforesaid,  the 
applicant,  plaintiff  in  this  action,  will  apply  to  the  court  for  the  relief 
demanded  in  the   application   herein. 

Witness  ,  clerk  of  said  court,  and  the  seal  thereof,  at  ,  in 

said  county  and  state,  this day  of  ■ ,  19 — . 

[Seal]  »  Clerk. 


1137  Registcation  OF  Titles.     Forms  3249d,  3249e 

No.  3249d.     Summons  on  Application  for  Registration — Soutli  Dakota. 
State  of   South  Dakota, 

County  of ,  ss. 

Circuit  Court, Judicial  Circuit. 

In  the  Matter  of  the  Application  of  [Name  of  Applicant]  to  Register 

the  Title  to  the  Following  Described  Real  Estate  Situated  in  

County,  South  Dakota,  namely:  [Description  of  Land], 

Applicant, 

V. 

[Name  of  Defendants],  and  "All  Other  Persons  or  Parties  Unknown 
Claiming  Any  Right,  Title,  Estate,  Lien  or  Interest  in  the  Real 
Estate  Described  in  the   Application  herein," 

Defendants. 

The  State  of  South  Dakota  to  the  Above-named  Defendants : 

You  are  hereby  summoned  and  required  to  answer  the  application 
of  the  applicant  in  the  above-entitled  proceeding  and  to  file  your  answer 
to  the  said  application  in  the  office  of  the  clerk  of  said  court,  in  said 
county,  within  thirty  days  after  service  of  this  summons  upon  you 
exclusive  of  the  day  of  such  service,  and,  if  you  fail  to  answer  the 
said  application  within  the  time  aforesaid,  the  applicant  in  this  pro- 
ceeding will  apply  to  the  court  for  the  relief  demanded  tlierein. 

Witness,  ,  clerk  of  said  court,  and  the  seal  thereof,  at  ,  in 

said  county,  this  day  of ,  19 — . 

[Seal]  ■ ,  Clerk. 

No.  32496.    Certificate  of  Title— South  Dakota. 

No. . 

First  Certificate  of  Title,  Pursuant  to  the  Order  of  the  Circuit  Court, 

Judicial  Circuit,  County  of ,  and  State  of  South  Dakota, 

Dated ,  19—. 

Registration. 

State  of  South  Dakota, 
County  of  ,  — ss. 

This  is  to  certify  that  ,  of  the  of ,  county  of and 

state  of ,  is  now  the  owner  of  an  estate,  to  wit, of  and  in  the 

following  described  land  situated  in  tlie  county  of  and  state  of 

South  Dakota,  to  wit:  . 

Subject  to  the  encumbrances,  liens  and  interest  noted  by  the  memorial 
underwritten  or  indorsed  hereon;  and  subject  to  the  following  rights 
or  encumbrances  subsisting,  as  provided  in  the  twenty-second  section  of 
"An  act  providing  the  registration  of  land  and  the  title  thereto"  of  the 
Session  Laws  of  the  state  of  South  Dakota  for  the  year  1917,  namely: 

1.  Liens,  claims  or  rights  arising  under  the  laws  or  the  constitution 
of  the  United  States,  which  the  statutes  of  tkis  state  cannot  require  to 
appear  of  record. 

Form  Book — 72 


Form  3250  Cowdery's  Form  Book.  1138 

2.  Any  tax  or  special  assessment  for  which  a  sale  of  the  land  has  not 
been  had  at  the  date  of  the  certificate  of  title. 

3.  Any  lease  for  a  period  not  exceeding  three  years,  when  there  is 
actual  occupation  of  the  premises  under  the  lease. 

4.  All  public  highways  embraced  in  the  description  of  the  lands  in- 
cluded in  the  certificates  shall  be  deemed  to  be  excluded. 

5.  Such  right  of  appeal  or  right  to  appear  and  contest  the  application 
as  is  allowed  by  law. 

That  the  said is  of  the  age  of years,  is married , 

and  is  under disability. 

In  witness  whereof,  I  have  hereunto  subscribed  my  name  and  affixed 

the  seal  of  my  office,  this day  of ,  19—. 

> 

Registrar  of  Titles  in  and  for  the  County  of  and  State  of  South 

Dakota. 


RELEASE  AND  SATISFACTION. 

3250.  Release  of  all  demands. 

3251.  Release  of  all  demands — Another  form. 

3252.  Mutual  release. 

3253.  Release  to  a  guardian. 

3254.  Release  of  legacy. 

3255.  Release  by  a  legatee  upon  his  coming  of  age. 

3256.  Release  of  lien  on  land  by  a  judgment  creditor. 

3257.  Partial  release  of  mortgage. 

3258.  Satisfaction  of  judgment. 

3259.  Satisfaction  of  mortgage. 

3260.  Satisfaction  of  mortgage  after  foreclosure. 

3261.  Satisfaction  of  mortgage  (statutory) — South  Dakota. 

3262.  Certificate  of  discharge  of  mortgage  or  deed  of  trust  release  (statu- 

tory)— Wyoming. 

3263.  Release  of  claim  for  personal  injuries. 

3264.  Release  of  trust. 

3265.  Answer  alleging  release  of  claim. 

3266.  Answer  setting  up  satisfaction  by  codefendant. 

CROSS-REFERENCES. 

Release  Made  in  Pursuance  of  Award,  No.  419. 
Release  of  Real  Property  from  Attachment,  No.  GOO. 

No.  3250.    Release  of  All  Demands. 

Know  all  men  by  those  presents:  That  I,  A.  H.,  of  the  county  of 
Los  Angeles,  state  of  California,  for  and  in  consideration  of  the  sum 
of  one  hundred  dollars,  gold  coin  of  the  United  States  of  America,  to 
me  in  hand  paid  by  J.  L.,  of  the  county  of  Tulare,  state  aforesaid,  have 
released  and  forever  discharged,  and  by  these  presents  do,  for  myself, 
my  heirs,  executors  and  administrators,  release  and  forever  discharge 
the  said  J.  L.,  his  heirs,  executors,  and  administrators,  of  and  from 
all,  and  all  manner  of  actions  and  cause  of  actions,  suits,  debts,  dues, 
sums  of  money,  accounts,  reckonings,  bonds,  bills,  specialties,  covenants, 


1139  Release  and  Satisfaction.      Forms  3251-3253 

controversies,  agreements,  promises,  variances,  trespasses,  damages,  judg- 
ments, extents,  executions,  claims  and  demands  whatsoever,  in  law  or  in 
equity,  which  against  the  said  J.  L.  I  ever  liad,  or  now  have,  or  which 
I,  or  my  heirs,  executors,  or  administrators  hereafter,  can,  shall,  or 
may  have,  for,  upon,  or  by  reason  of  any  matter,  cause,  or  thing  what- 
soever, from  the  beginning  of  the  world  to  the  date  of  these  presents. 

Dated  . 

[Sitrnalure.] 

No.  3251.    Release  of  All  Demands — Another  Form. 

Know  all  men  by  these  presents :  That  I,  J.  B.,  of  Oakland,  Alameda 
county,  California,  for  and  in  consideration  of  the  sum  of  one  thousand 
dollars,  to  me  in  hand  paid  by  D.  C,  of  said  city,  have  remised,  released 
and  forever  discharged  the  said  D.  C.  from  all  claims  of  every  kind, 
nature  and  character  whatsoever  against  him  from  the  beginning  of 
the  world  to  this  day. 

Dated . 

[Signature.] 

No.  3252.    Mutual  Release. 

This  indenture,  made  this  first  day  of  May,  1917,  between  A.  L.,  of, 
etc.,  of  the  one  part,  and  P.  C,  of,  etc.,  of  the  other,  witnesseth,  that 
on  the  date  hereof  the  said  P.  C.  and  A.  L.,  have  each  paid  to  the  other 
the  sum  of  ten  dollars,  and  each  of  them  has  canceled  and  delivered  up 
to  the  other  certain  covenants,  bonds,  notes  of  hand,  and  written  con- 
tracts, upon  which  each  of  the  parties  claimed  and  pretended  to  have 
divers  claims  and  demands  on  the  other;  the  said  claims  and  contracts 
so  canceled  and  delivered  up  being  supposed  and  intended  to  be  all  the 
claims  and  evidence  of  claim  by  each  of  the  parties  hereto  on  the  other. 
And,  in  consideration  thereof,  each  of  them.,  the  said  P.  C.  and  A.  L., 
does  liereby  for  himself  and  his  legal  representatives  release  and  abso- 
lutely and  forever  discharge  the  other  of  and  from  all  claims  and  de- 
mands, actions  and  causes  of  action,  of  eveiy  name  and  nature,  so  that 
neither  of  them  shall  have  any  claim  on  the  other,  directly  or  indirectly, 
on  any  contract  or  supposed  liability  or  thing  undertaken,  done,  or 
admitted  to  be  done,  from  the  beginning  of  the  world  to  this  day. 

In  witness  [etc.]. 

[Signature.] 

No.  3253.    Release  to  a  Gruardian. 

Know  all  men  by  these  presents,  etc.,  that  A.  P.,  etc.,  son  and  heir 
of  L.  P.,  deceased,  now  over  twenty-one  years  old,  hath  remised,  re- 
leased, and  forever  quitclaimed,  and  by  these  presents  doth  remise,  etc., 
unto  A.  B.,  of  S.  P.,  his  guardian,  all  and  all  manner  of  action,  actions, 
suits,  reckonings,  accounts,  debts,  duos  and  demands  whatsoever,  which 
he,  the  said  A.  P.,  ever  had,  now  hath,  or  which  he,  his  executors  or 
administrators,  at  any  time  hereafter  can  or  may  have,  claim,  or  demand, 
against  the  said  A.  B.,  his  executors  or  administrators,  for,  touching, 


Forms  3254, 3255         Cowdery's  Form  Book.  1140 

and  concerning  the  management   and  disposition  of  any  of  the  lands. 

tenements  and  hereditaments  of  the  said  A.  P.,  situate,  etc.,  or  any  part 

thereof,  or  for  or  by  reason  of  any  moneys,  rents,  or  profits,  by  him 

received  out  of  the  same,  or  any  payments  made  thereout,  during  the 

minority  of  the  said  A.  P.,  or  by  reason  of  any  matter,  cause,  or  thing 

whatsoever,  relating  thereto,  from  the  beginning  of  the  world  to  the 

day  of  the  date  hereof. 

Dated . 

[Signature.] 

No.  3254.    Release  of  Legacy. 

Know  all  men  by  these  presents:  That  whereas,  W.  B.,  of  S.  F.,  in 
the  county  of  S.  F.,  and  state  of  C,  by  his  last  will  and  testament,  in 
writing,  bearing  date  the  first  day  of  April,  1917,  did,  among  other 
legacies  therein  contained,  give  and  bequeath  unto  me  the  sum  or  legacy 
of  ten  dollars,  and  of  his  said  will  and  testament  did  make  and  consti- 
tute 0.  T.  the  sole  executor.  Now,  therefore,  I  hereby  acknowledge  the 
receipt  from  the  said  executor,  as  aforesaid,  of  the  said  sum  or  legacy 
of  ten  dollars,  so  given  and  bequeathed  to  me  aforesaid,  and  to  acquit, 
release,  and  discharge  the  said  0.  T.  of  and  from  all  legacies,  dues  and 
demands  whatsoever,  under,  or  by  virtue  of  the  said  last  will  and  testa- 
ment, or  against  or  out  of  the  estate  of  the  said  W.  B. 

Dated . 

[Signature.] 

No.  3255.    Release  by  a  Legatee  upon  His  Coming  of  Age. 

Know  all  men  by  these  presents:  Tliat  whereas,  A.  S.,  of  S.,  made 
his  last  will  and  testament  in  writing,  bearing  date  third  day  of  June, 
1917,  and,  among  other  legacies  therein  contained,  did  give  and  bequeatli 
unto  me,  T.  S.,  of  S.,  his  son,  the  annual  sum  of  $1,000,  to  be  paid 
to  me  quarterly,  until  I  should  attain  the  age  of  one  and  twenty  years ; 
and  of  his  will  constituted  0.  S.  and  P.  C.  joint  executors,  as  in  and 
by  the  said  will  may  appear;  and  whereas,  the  said  0.  S.  and  P.  C. 
did  jointly  accept  of  the  said  executorship,  and  trust,  and  I,  the  said 
T.  S.,  have  attained  my  said  age  of  twenty-one  years;  and  whereas, 
the  said  0.  S.  and  P.  C.  have  made  up  an  account  with  me,  the  said 
T.  S.,  of  all  moneys  received  and  paid  by  the  said  S.  and  C,  and  all 
transactions  in  pursuance  of  the  said  executorship  and  trust,  and  have 
not  only  paid  me  the  balance  of  such  accounts,  but  also  delivered  unto 
me  all  the  writing  and  papers  belonging  to  the  estate  of  the  said  de- 
ceased : 

Now,  know  ye,  that  I,  the  said  T.  S.,  being  fully  satisfied  in  the 
premises,  have  remised,  released,  and  forever  quitclaimed,  and  by  these 
presents  do  remise,  release,  and  forever  quitclaim  unto  the  said  0.  S.  and 
P.  C,  and  each  of  them,  their  and  each  of  their  executors  and  admin- 
istrators, all  reckonings  and  accounts,  sum  and  sums  of  money  by  them 
had  and  received  in  pursuance  of  the  said  trust,  or  by  means  of  their 


1141  Release  and  Satisfaction.      Forms  3256,  3257 

being  executors  to  the  said  A.  S.,  as  aforesaid;  and  also  of  and  from  all 
other  reckonings,  accounts,  and  demands  whatsoever,  from  the  begin- 
ning of  the  world  to  the  day  of  the  date  of  these  presents. 

[Signature.] 

No.  8256.    Release  of  Lien  on  Land  by  a  Judgment  Creditor. 
[Title  of  Court  and  Cause.] 

Whereas  judgment  was  rendered  the  third  day  of  May,  1917,  in  the 
superior  court  of  the  county  of  Alameda,  against  said  J.  B.,  and  in  ^'avor 
of  said  J.  S.,  for  the  sum  of  one  thousand  dollars  damages,  and  ten 
dollars,  costs  of  suit. 

In  consideration  of  one  thousand  dollars,  to  me  in  hand  paid,  the 
receipt  whereof  is  acknowledged,  I  do  hereby  remise,  release,  and  dis- 
charge the  following  described  land  and  premises,  to  wit  [description 
of  the  premises],  from  all  claim  to  or  interest  in  the  same,  or  any  part 
thereof,  which  I  may  have  under  and  by  virtue  of  the  above-mentioned 
judgment,  and  from  all  lien  or  encumbrance  that  has  attached  to  the 
same  by  reason  of  the  recovery  of  the  said  judgment,  as  free  and  clear, 
in  all  respects,  as  though  said  judgment  had  not  been  rendered. 

J.  S. 

Dated  . 

No.  3257.    Partial  Release  of  Mortgage. 

This  indenture,  made  the  nineteenth  day  of  December,  1917,  between 
T.  H.,  of  the  city  of  New  York,  of  the  first  part,  and  W.  L.  L.,  of  the 
city  of  San  Francisco,  of  the  second  part: 

Whereas,  said  party  of  the  second  part,  by  indenture  of  mortgage, 
bearing  date  the  fifteenth  day  of  September,  1916,  and  recorded  in  the 
office  of  the  county  recorder  of  the  city  and  county  of  San  Francisco, 
in  liber  No.  52,  of  Mortgages,  at  page  129,  September  IS,  1916,  did.  for 
the  consideration  and  for  the  purpose  therein  mentioned,  mortgage  the 
premises  therein  described. 

And  whereas,  the  said  party  of  the  second  part  has  on  the  day 
of  the  date  of  these  presents,  paid  to  the  said  party  of  the  first  part 
the  sum  of  eighteen  hundred  dollars,  gold  coin,  of  the  United  States, 
part  of  the  money  secured  by  the  mortgage  aforesaid,  as  therein  specified. 

Now,  therefore,  this  indenture  witncsseth :  That  the  said  T.  H.,  party 
of  the  first  part,  in  consideration  of  the  premises  and  the  said  sura  of 
eighteen  hundred  dollars,  duly  paid  to  the  said  party  of  the  first  part 
by  the  said  party  of  the  second  part,  at  the  time  of  the  ensealing  and 
delivery  of  these  presents,  the  receipt  whereof  is  hereby  acknowledged, 
does  by  these  presents  grant,  release,  quitclaim,  and  set  over  unto  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  all  that  part  of 
the  said  mortgaged  lands,  bounded  and  described  as  follows,  to  wit; 
[Description.] 

Together  with  all  and  singular,  the  tenements,  hereditaments  and  ap- 
purtenances thereto  belonging  or  in  any  wise  appertaining;  and  all  the 


Forma  3258, 3259         Cowdery's  Form  Book.  1142 

lien,  right,  title  and  interest  of  the  said  party  of  the  first  part,  of,  in  and 
to  the  same,  to  the  intent  that  the  lands  hereby  conveyed  and  released 
shall  forever  be  discharged  from  the  said  mortgage,  and  that  the  rest 
of  the  lands  in  the  said  mortgage  specified  may  remain  to  the  said  party 
of  the  first  part,  as  heretofore. 

To  have  and  to  hold  the  lands  and  premises  hereby  conveyed  and 
released,  to  the  said  party  of  the  second  part,  his  heirs  and  assigns 
forever. 

[Signature.] 

No.  3258.    Satisfaction  of  Judgment. 
[Title  of  Court  and  Cause.] 

For  and  in  consideration  of  the  sum  of  eight  hundred  dollars,  gold 
coin,  of  the  United  States,  to  me  paid  by  B.  R.,  the  defendant  in  the 
above-entitled  action,  full  satisfaction  is  hereby  acknowledged  of  a 
certain  judgment  rendered  and  entered  in  said  superior  court  in  the  said 
action,  on  the  tenth  day  of  September,  1916,  in  favor  of  J.  D.,  the  plain- 
till  in  the  said  action,  and  against  the  said  defendant,  for  the  sum  of 
seven  hundred  and  fifty  dollars,  gold  coin  of  the  United  States,  with 
interest  thereon  from  the  tenth  day  of  September,  1915,  at  the  rate  of 
seven  per  cent  per  annum  until  paid,  together  with  said  plaintiff's  costs 
and  disbursements,  amounting  to  the  sum  of  forty-five  dollars,  and  re- 
corded in  book  D  of  Judgments,  at  page  432.  And  I  hereby  authorize 
and  direct  the  clerk  of  said  court  to  enter  satisfaction  of  record  of  said 
judgment  in  the  said  action. 

Dated . 

[Signature.] 

NOTE. — Instead  of  making  and  filing  with  the  clerk  an  acknowledgment 
of  satisfaction,  in  "the  manner  of  an  acknowledgment  of  a  eonveyance  of 
real  property,"  the  judgment  creditor,  or  his  attorney,  may  enter  satisfaction 
by  indorsement  on  the  "face  or  on  tbe  margin  of  the  record  of  the  judgment. 
The  attorney  has  no  such  power,  however,  unless  the  judgment  has  been  paid. 
Nor  has  he  such  power  if  a  revocation  of  his  authority  has  been  filed.  There 
may  be  a  compulsory  entry  of  satisfaction  where  a  judgment  has  been  satis- 
fied in  fact:  See   Cal.  Code  Civ.  Proc,  sees.   283,   675. 

It  may  be  done  by  the  debtor  or  his  attorney  for  indorsement  on  the 
margin  of  the  record:  California,  Code  Civ.  Proc,  sec.  675;  or  by  acknowl- 
edgment in  the  manner  of  a  conveyance:  Code  Civ.  Proc,  sec.  675.  An 
attorney  may  do  the  same  for  his  client:  Code  Civ.  Proc,  see.  286,  upon 
payment  and  not   otherwise. 

No.  3259.     Satisfaction  of  Mortgage. 

Know  all  men  by  these  presents :  That,  I,  J.  M.  C,  of  Columbia,  Tuol- 
umne county,  state  of  California,  do  hereby  certify  and  declare  that  a 
certain  mortgage  bearing  date  the  fourth  day  of  March,  1916,  made  and 
executed  by  J.  S.,  of  said  county,  the  party  of  the  first  part  therein,  to 
J.  H.  McK.  of  said  county,  the  party  of  the  second  part  therein,  and 
assigned  to  me  on  the  third  day  of  April,  1917,  by  the  said  J.  H.  McK., 
and  recorded  in  the  office  of  the  county  recorder  of  tlic  said  county  of 


1143  Release  and  Satisfaction.      Forms  3260-:j2u3 

Tuolumne,  in  book  5  of  Mortgages,  on  pages  24  and  25,  on  the  sixth 

day  of  March,  1916,  together  with  the  debt  thereby  secured,  is  fully  paid, 

satisfied  and  discharged. 

Dated . 

J.  M.  C. 

No.  3260.    Satisfaction  of  Mortgage  After  Foreclosure. 

Full  satisfaction  and  discharge  of  the  within  mortgage  is  hereby  en- 
tered this day  of ,  19—.     Decree  of  foreclosure  enicred  the 


^ay  of  ,  19 — ,  in  cause  number  ,  entitled  v.  .     Sale 

under  such  decree  had  the  day  of  ,  19 — . 

,  Sheriff. 

NOTE. — It  is  the  duty  of  the  sheriff,  or  commissioner,  who  has  mado 
a  sale  of  mortoaged  realty  in  foreclosure  proceedings,  and  within  five  days 
after  the  purchaser  becomes  entitled  to  a  deed,  to  enter  upon  the  margin 
of  the  county  records  where  the  mortgage  is  recorded,  if  the  same  be 
recorded,  a  satisfaction  thereof:   See  Cal.  Code  Civ.  Proc,  sec.  675a. 

No.  3261.    Satisfaction  of  Mortgage  (Statutory)— South  Dakota. 

^  of ,  state  of ,  hereby  certifies  that  a  certain  mortgage, 

bearing  date  the  day  of  ,  19—,  executed  by  to  ,  of 

,  upon  the  following  real  property  situated  in  the  county  of  , 

in  the  state  of  South  Dakota,  to  wit,  the ,  and  recorded  in  the  office 

of  the  register  of  deeds  of  said county in  Book of  Tiort- 

gages,  page ,  on  the day  of ,  19—,  at o'clock  and  -— - 

minutes  M.,  is  with  the  indebtedness  thereby  secured,  fully  paid, 

satisfied  and  discharged. 

Dated  this day  of ,  19—. 

[Signature.] 

[Acknowledgment.] 

NOTE.— South  Dakota,  Laws  1911,  c.  257,  sec.  5. 

No.  3262.    Certificate  of  Discharge  of  Mortgage  or  Deed  of  Trust  Re- 
lease (Statutory)— Wyoming. 
This  certifies  that  a  [mortgage  or  deed  of  trust,  as  the  case  may  be] 

from  to  ,  dated  ,  A.  D.  ,  and  recorded  in  book  

of  ,  on  page  ,  has  been  fully  satisfied  by  the  payment  of  the 

debt  secured  thereby,  and  is  hereby  canceled  and  discharged. 

Signed  in  the  presence  of ,  county  clerk  of county. 

Filed  and  recorded ,  A.  D.  ,  at  M. 

,  County  Clerk. 

No.  3263.    Release  of  Claim  for  Personal  Injuries. 

^ [Place  and  date.] 

Received  of  the electric  railway  company,  a  corporation,  tlie  sum 

of  dollars  ($ ),  in  full  payment  and  satisfaction  of  all  claims 


Forms  3264-3266         Cowdery's  Form  Book.  1144 

and  demands  of  every  kind  and  nature  which  I  now  have,  or  ever  have 

had,  against  the  said  electric  railway  company;  and  especially  of 

all  claims  and  demands  against  said  company  occasioned  by,  or  in  any 
manner  arising  out  of,  an  accident  which  occurred  on  the  line  of  said 

company's  road,  on  or  about  the '  day  of ,  19 — ,  at  or  near , 

and  through  which  accident  the  undersigned  was  personally  injured. 

Witness  my  hand  this day  of  ,  19 — . 

[Signature.] 

Executed  in  presence  of  . 

No.  3264.    Release  of  Trust. 

Whereas,  by  indenture  bearing  date  ,  19 — ,  made  between  [etc.] 

in  which  said  indenture  the  said doth  hereby  declare  that  his  name 

was  only  used  in  trust,  for  the  benefit  and  behoof  of : 

Now  know  ye  that  I,  the  said ,  in  discharge  of  the  trust  reposed 

in  me,  at  the  request  of  the  said ,  have  remised,  released,  and  sur- 
rendered, assigned,  and  set  over,  and  by  these  presents,  for  me,  my 
executors  and  administrators,  do  freely  and  absolutely  remise  [etc.]  unto 

the  said  ,  his  executors   [etc.],  all  the  estate,  right,  title,  interest, 

use,  benefit,  privilege,  and  demand  whatsoever,  which  I,  the  said  , 

have,  or  may  have,  or  claim  of  or  to  the  said  premises,  or  of  and  in  any 
sum  of  money  or  other  matter  or  thing  whatsoever  in  the  said  indenture 

contained,  mentioned,  and  expressed;  so  that  neither  I,  the  said  , 

my  executors  or  administrators,  nor  any  of  us,  at  any  time  hereafter, 
shall  or  will  ask,  claim,  challenge,  or  demand,  any  interest  [etc.],  or 
other  thing,  in  any  manner  whatsoever,  by  reason  or  means  of  the  said 
indenture  or  any  covenant  therein  contained,  but  thereof  and  therefrom, 
and  from  all  actions,  suits,  and  demands  which  I,  my  executors,  adminis- 
trators, or  assigns,  may  have  concerning  the  same,  shall  be  utterly 
excluded  and  forever  debarred  by  these  presents. 

In  witness  whereof  [etc.]. 

[Signature.] 

Signed  and  delivered  in  presence  of . 

No.  3265.    Answer  Alleging  Release  of  Claim. 

[Title  of  Court  and  Cause.] 

The  defendant  answers  to  the  complaint: 

That  on  the  day  of  ,  19—,  at  ,  the  plaintiff,  by  deed, 

released  the  defendant  from  the  claim  set  up  in  the  complaint. 

[Signature.] 

No.  3266.    Answer  Setting  Up  Satisfaction  by  Oodefendant. 
[Title  of  Court  and  Cause.] 

The  defendant,   answering  to  the  complaint  of  the  plaintiff  herein, 
says : 

That,  after  committing  the  supposed  grievances  alleged  in  said  com- 
plaint, and  after  the  commencement  of  this  action,  to  wit,  on  the  twelfth 


1145  Replevin.  Form  3280 

(lay  of  April,  1876,  the  defendant,  the  Mechanics'  Institute,  delivered  to 
the  plaintiff,  and  the  plaintiff  accepted  and  received  from  the  defend- 
ant, the  Mechanics'  Institute,  the  sum  of  five  hundred  dollars,  gold  coin 
of  the  United  States,  in  full  satisfaction  and  discharge  of  the  damages 
and  cause  of  action  alleged  in  said  complaint. 

,  Defendant's  Attorney. 

[Verification.] 

NOTE.— Precedent  in  Urton  v.  Price,  57  Cal.  271. 


REPLEVIN. 

3280.  Complaint  against  carrier  to  replevin  goods. 

3281.  Complaint  for  replevin  of  goods  in  the  hands  of  officer  levying  exe- 

cution. 

CROSS-REFERENCES. 

See  Claim  and  Delivery. 
Replevin— Order  for  Delivery  of  Property— Washington,  No.  907. 

No.  3280.    Complaint  Against  Carrier  to  Replevin  Goods. 

[Title  of  Court  and  Cause.] 

The  United  States  of  America,  plaintiff,  complains  of  the  Union  Pacific 
Railroad  Company,  a  corporation  organized  and  acting  under  the  laws 
of  the  United  States  of  America,  defendant,  for  that  the  said  plaintiffs 
are  the  owners  of  the  following  described  goods  and  chattels,  to  wit: 
3  cases,  6  bales  of  drygoods,  4  cases  of  shirts,  3  cases,  3  packages  of 
hardware,  1  case  of  hats,  669  awls  in  cases,  1  case  of  tin  cups,  4  cases 
of  hatchets,  505  handkerchiefs,  1  case  coats,  1  case  ax  handles,  9  boxes 
camp  kettles,  9  bales,  2  cases  blankets,  2  cases  clothing,  2  cases  hats,  3 
packages  drugs,  and  is  entitled  to  the  immediate  possession  of  the  same, 
and  that  the  said  defendant  wrongfully  and  unjustly  retains  in  his  pos- 
session the  said  goods  and  chattels  and  from  the  said  plaintiff.^  And 
said  plaintiffs  further  aver  that  defendant  did  so  wrongfully  detain  the 
possession  of  said  goods  and  chattels  for  the  space  of  sixty  days  next 
before  the  commencement  of  this  suit,  and  wholly  deprive  the  said  plain- 
tiff of  all  use  and  benefit  thereof  during  all  said  time,  to  the  damage 
of  said  plaintiffs  in  the  sum  of  five  hundred  dollars.  Wherefore  plain- 
tiffs pray  an  order  against  the  said  defendant,  that  he  may  be  ordered 
to  deliver  to  said  plaintiff  the  said  goods  and  chattels,  and  also  a  judg- 
ment against  the  said  defendant  for  the  said  sum  of  five  hundred  dollars, 
their  damages  sustained  by  reason  of  the  unlawful  detention  thereof. 

Edward  P.  Johnson. 

Attorney  for  Plaintiffs. 


Form  3281  Cowdery's  Form  Book.  114fi 

No.  3281.    Complaint  for  Replevin  of  Goods  in  the  Hands  of  Officer 

Levying  Execution. 
[Title  of  Court  and  Cause.] 

The  plaintiffs  complain  and  allege: 

First.  That  on  the  ninth  day  of  February,  1888,  the  plaintiffs  were, 
by  virtue  of  the  chattel  mortgage,  which  was  upon  the  day  of  the  date 
thereof  made,  executed,  and  delivered  by  the  mortgagor,  Samuel  Ward, 
to  the  plaintiffs,  a  true  copy  of  which  is  hereto  attached,  and  marked 
Exhibit  "A,"  and  made  a  part  hereof,  the  mortgagees,  according  to  the 
tenor  and  effect  thereof,  of  the  following  described  personal  property, 
goods,  and  chattels,  viz.:  [Here  a  description  of  tlio  horses  was  inserted.] 
That  the  value  of  said  property  is  fifteen  hundred  dollars. 

Second.  That  all  the  foregoing  described  property  is  a  part  of  the 
property  described  in  the  foregoing  mortgage,  and  thereby  mortgaged  to 
the  said  plaintiffs. 

Third.  That  one  of  the  conditions  of  the  foregoing  mortgage  was  as 
follows,  viz. :  "That  if  prior  to  the  maturity  of  the  indebtedness  secured 
by  the  said  morlgage,  the  property  thereby  mortgaged,  or  any  part 
thereof,  should  be  attached,  seized,  or  levied  upon  by  or  at  the  instance 
of  any  creditor  or  creditors  of  the  mortgagor,  Samuel  Ward,  that  then 
and  in  that  case,  the  plaintiffs,  being  the  mortgagees  in  the  said  mort- 
gage, should  have  the  right  to  the  immediate  possession  thereof,  or  any 
part  thereof,  from  any  person  having  or  claiming  the  possession  thereof, 
or  any  part  thereof." 

Fourth.  That  on  the  ninth  day  of  February,  A.  D.  1888,  and  prior 
to  the  maturity  of  the  indebtedness,  secured  by  the  said  mortgage,  the 
defendants,  at  the  instance  of  John  A.  Featherman  and  Robert  M.  Fer- 
guson, who  were  the  creditors  of  the  said  Samuel  Ward,  without  the 
consent  of  plaintiffs,  and  wrongfully,  seized  and  levied  upon  the  forego- 
ing described  property,  and  took  the  same  into  their  possession. 

Fifth.  That  before  the  commencement  of  this  action,  to  wit,  on  the 
thirteenth  day  of  February,  A.  D.  1888,  the  plaintiffs  demanded  from  the 
defendants  the  possession  of  the  foregoing  described  property,  who  re- 
fused and  still  continue  to  refuse  to  deliver  possession  thereof  to  the 
plaintiffs. 

Sixth.  Tliat  said  defendants  still,  unlawfully  and  without  plaintiffs 
consent  and  against  their  will,  withhold  and  detain  the  foregoing  de- 
scribed property  from  the  possession  of  the  plaintiffs,  to  their  damage 
in  the  sum  of  five  hundred  dollars. 

Wlierefore  plaintiffs  demand  judgment  against  defendants  for  the  re- 
covery of  the  possession  of  said  goods  and  chattels,  or  for  the  sum  of 
one  thousand  five  hundred  dollars,  the  value  thereof,  in  case  a  deliveiy 
cannot  be  had,  together  with  five  hundred  dollars  damages  and  costs  of 

suit. 

William  J.  Galbraith, 
Plaintiffs'  Attorney. 

NOTE.— Precedent  in  Marcnm  v.  Colpman.  8  Mont.  196,  19  Pac.  394. 


]  147  Report — Restoration  of  Records.  Form  3290 

REPORT. 

See  Probate  Sales;  Return. 

Dissenting  Report  by  One  Appraiser,  No.  2999. 

Report  of  Administratrix  Accompanying  Account,  Pso.  is. 

Report  of  Appraisers  Favoring  Division  of  Land,  Wo. ^^u»/. 

Report  of  Appraisers  Opposing  Division  of  Land   ^o.^Jbb  ^^^^.^^ 

Report  as  to  disagreement  o±  Ai.ntraKab  m  Aib.tiation  in  r  g 

Mo     422 
Report  of  Commissioners  in  Partition  in  ^^f  ^*f' f  °^f  It" 
Repoi-t  of  Executor  Accompanying  Annual  Account,  No.  17. 
Report  of  Referee  of  Account,  No.  ^b. 
Report  of  Referee  on  Creditor's  Claim,  No.  1391. 

REQUEST. 

See  Demand. 
Keauest  by  Heir,  Devisee  or  Legatee  for  Special  Notice,  No.  2789. 
IZlTi  Z  Appointment  of  Administrator   No^  1750. 
Request  for  Inspection-Justice's  Court,  No.  <-lbb. 

REQUISITION. 

Requisition  to  Return  Property  to  defendant   No   891 

RESOLUTION. 

P,.al  Evolution  of  Board  of  Directors  Changing  Place  of  Bn,ine.s,  No. 

?-£ln  ^^:^^s!^is:^'^^^-"^^^ '« — -- 

Dorate— Montana,  No.  1323. 
Resolution  R^^s^'-^-^i^g^f^^'^Y^i^^'Je^f  Business,  No.  1296. 
^S::^%S^^S^i^^^'^  under  Assessments,  No. 

1316. 

RESTORATION  OF  RECORDS. 

S    SjSSmSrSrSi^cJ^SS  petition  for  restoraUon  of  records. 

No.  3290.    Petition  for  Restoration  of  Records. 
[Title  of  Court  and  Cause.] 

trcilTon  2  :i,:Sntti;  »*  h.,,  im,  ..a  .,,cco.dI„.  aa^. 


Form  3291  Cowdbry's  Form  Book.  1148 

That  certified  copies  of  such  papers,  or  any  of  such  papers,  cannot 
be  obtained  by  your  petitioner;  that  such  loss,  injury  and  destruction 
occurred  by  conflagration  as  aforesaid,  and  without  the  fault  or  neglect 
of  your  petitioner;  that  such  loss,  injury  and  destruction,  unless,  sup- 
plied or  remedied,  will  result  in  damage  to  your  petitioner;  that  the 
records  so  lost,  injured  and  destroyed  were  in  substance  as  follows:  [Set 
out  substance  of  record.] 

Wherefore,  your  petitioner  prays  for  an  order  of  this  court  reciting 
the  substance  and  effect  of  such  lost,  injured  and  destroyed  papers,  docu- 
ments, orders,  decrees  and  files,  after  due  notice  given  as  required  by  law. 

Dated  . 

,  Petitioner. 

,  Attorney  for  Petitioner. 


[Verification.] 

No.  3291.    Order  Requiring  Notice  of  Hearing  Petition  for  Restoration 
of  Records. 

Upon  reading  and  filing  the  petition  of  in  the  above-entitled 

action,  it  is  hereby  ordered  that  said  petition  be  heard  on  the  day 

of  ,  19 — ,  at  the  courtroom  of  Department  No.  2,  in  the  superior 

court  of  the  city  and  county  of  San  Francisco,  state  of  California,  City 

Hall  No.  Market  street,  San  Francisco,  at  the  hour  of  10  o'clock 

A.  M. 

And  it  is  further  ordered  that  such  notice  of  the  hearing  of  said  appli- 
cation be  given  as  required  by  sections  1010  to  1017,  inclusive,  of  the 
Code  of  Civil  Procedure,  and  by  the  terms  of  an  act  relating  to  the 
restoration  of  court  records  which  have  been  lost,  injured  or  destroyed 
by  conflagration,  or  other  public  calamity,  approved  June  16,  1906,  and 
particularly  in  accordance  with  the  provisions  of  section  2  thereof,  and 
by  posting  notice  of  the  hearing  of  said  petition  in  three  (3)  of  the  most 
public  places  in  the  city  and  county  of  San  Francisco,  for  not  less  than 
ten  days  prior  to  the  date  of  said  hearing. 

Dated  . 

• ,  Judge  of  the  Superior  Court. 


> 


1149  Restoration  of  Title.  Form  329:?. 

RESTORATION  OF  TITLE. 

3292.  Complaint. 

3293.  Plaintiff's  affidavit  of  title. 

3294.  Sununons. 

3295.  Affidavit  of  service  of  summonB. 

3296.  Affidavit  of  posting. 

3297.  Order  designating  newspaper  for  publication  of  sutnmona 

3298.  Affidavit  of  publication  of  summons. 

3299.  Notice  of  lis  pendens. 
S299a.  Decree  establishing  title. 

No.  3292.     Complaint. 

In  the  Superior  Court  of  the  State  of  California,  in  and  for  the  CUy 
and  County  of  San  Francisco. 

Action  No. . 

,  Plaintiff, 

V. 

All  Persons  Claiming  Any  Interest  in  or 
Lien  upon  the  Real  Property  Herein 
Described,  or  Any  Part  Thereof, 

Defendants.^ 

Plaintiff  complains,  and  for  cause  oi  action  alleges: 

I. 

That  plaintiff  claims,  and  is  and  at  all  the  times  hereinafter  men- 
tioned was  the  owner  of,  an  estate  of  inlieritance  in  and  to  all  tlie  real 
property  hereinafter  described,  and  is  and  at  all  the  times  hereinafter 

mentioned  was  by  — self  in  the  actual  and  peaceable  occupation 

and  possession  of  all  said  real  property;  that  said  estate  owned  and 
claimed  by  plaintiff  in  and  to  said  real  property  is  the  fee  simple  abso- 
lute in  and  to  all  of  said  real  property;  that  said  real  property  is  in  the 
city  and  county  of  San  Francisco,  state  of  California,  and  is  more  par- 
ticularly described  as  follows,  to  wit: . 

n. 

That  plaintiff  is  by  — self in  the  open,  notorious,  actual,  peace- 
able and  exclusive  occupation  and  possession  of  said  real  property  and 
every  part  thereof,  adverse  to  the  whole  world,  and  has  been  in  such 
occupation  and  possession  thereof  and  the  owner  of  said  estate  therein 

continuously  for  more  than years  last  past;  and  during  all  of  said 

time  has  paid  all  the  taxes,  state,  county  and  municipal  which  have  been 
levied  or  assessed  upon  said  real  property  or  any  part  thereof. 

in. 

That  the  public  records  in  the  office  of  the  county  recorder  of  the 
city  and  county  of  San  Francisco  were  destroyed  in  many  material  parts 
by  fire,  on  the  eighteentli,  nineteenth,  and  twentieth  days  of  April,  A.  D. 
1906. 


Form  3292  Cowdery's  Form  Book,  1150 

IV. 

That  no  judgment  ov  decree  has  been  rendered  or  entered,  and  no 
action  commenced  at  any  time  subsequent  to  the  fifteenth  day  of  June, 
A.  D.  1906,  in  the  above-entitled  court  as  to  or  in  any  way  affecting  the 
title  to  said  real  property  or  any  part  thereof. 

V. 

That  no  notice  or  claim  under  or  pursuant  to  or  complying  with  the 
act  of  the  legislature  of  the  state  of  California,  approved  MarcJi  23, 
1907,  entitled  "An  act  supplementary  to  the  act  approved  June  16,  1906, 
entitled  'An  act  to  provide  for  the  establishment  and  quieting  of  title 
to  real  property  in  ease  of  the  loss  or  destruction  of  public  records,' 
providing  for  the  making  and  recordation  of  notice  of  OAvnership  or 
claim  to  real  property,"  has  been  filed  for  record  or  recorded  in  the 
office  of  the  county  recorder  of  the  city  and  county  of  San  Francisco, 
giving  notice  of,  or  asserting  or  claiming  the  ownership  of  the  real 
property  herein  described,  or  any  part  thereof,  or  of  any  interest  therein 
or  lien  thereon. 

VI. 

That  there  is  no  subsisting  or  other  mortgage,  deed  of  trust  or  other 
lien  or  encumbrance  on  said  real  property  or  any  part  thereof. 

VII. 

That  no  person  claims  or  may  claim  any  interest  in  or  lien  upon  said 
real  property  or  any  part  thereof  adverse  to  the  plaintiff,  excepting  only 
the  city  and  county  of  San  Francisco;  that  the  city  and  county  of  San 
Francisco  is  a  municipal  corporation  of  the  state  of  California,  and 
has  succeeded  to  all  the  jurisdiction,  powers  and  property  rights  of  the 
pueblo  of  Yerba  Buena,  and  of  the  city  of  San  Francisco;  that  said 
city  and  county  of  San  Francisco  claims  some  right,  title,  estate  or  inter- 
est in  and  to  the  real  property  herein  described,  the  exact  nature  and 
extent  of  which  are  unknown  to  plaintiff,  but  that  said  claim  is  witliout 
merit,  and  that  said  city  and  county  of  San  Francisco  has  no  right,  title, 
estate  or  interest  in  or  to  said  real  property  or  any  part  thereof. 

Wherefore  plaintiff  prays  that  this  court  by  its  judgment  and  decree 
ascertain  and  determine  all  estates,  rights,  titles,  interests,  claims, 
mortgages,  deeds  of  trust,  liens  or  other  encumbrances  in,  to  or  upon 
the  real  property  hereinabove  described,  and  every  part  thereof;  that 
the  said  city  and  county  of  San  Francisco  be  required  to  set  forth  the 
precise  nature  and  extent  of  its  claim,  right,  title,  interest  and  estate, 
if  any,  in  or  to  said  real  property  and  every  part  thereof,  and  that  it  be 
adjudged  that  said  claim  is  without  merit,  and  that  said  city  and 
county  of  San  Francisco  has  no  claim,  right,  title,  estate  or  interest  in 
or  to  said  real  property  or  any  part  thereof;  and  that  this  court  adjudge 
this  plaintiff  to  be  the  owner  in  fee  simple  absolute  of  said  real  prop- 
erty and  every  part  thereof,  and  to  be  in  the  actual  and  peaceable  oc- 
cupation and  possession  of  said  property   and   of  every  part  thereof, 


1151  Restoration  of  Title.  Form  3293 

and  establish  plaintiff's  title  thereto  against  all  persons  whomsoever; 
and  for  such  other  relief  as  may  be  meet,  and  for  plaintiff's  costs  herein. 

,  Attorneys  for  Plaintiff. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being-  first  duly  sworn,  says:  That  affiant  is  the  plaintiff  in  the 

above-entitled  action;  that  affiant  has  read  the  foregoing  comi)laint  and 
knows  the  contents  thereof;  that  the  same  is  true  of  affiant's  own  knowl- 
edge, except  as  to  the  matters  therein  stated  on  affiant's  information 
or  belief,  and  as  to  those  matters  that  affiant  believes  it  to  be  true. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 

[Notarial  Seal]  , 

Notary  Public  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 

No.  3293.    Plaintiff's  Affidavit  of  Title. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being  first  duly  sworn,  deposes  and  says: 

1.  That  affiant  is  the  plaintiff  in  the  above-entitled  action; 

2.  That  affiant  claims,  and  is  and  at  all  the  times  hereinafter  mentioned 
was  the  owner  of,  an  estate  of  inheritance  in  and  to  all  the  real  property 
described  in  the  complaint  in  the  above-entitled  and  above-numbered 
action;  that  said  estate  owned  and  claimed  by  affiant  in  and  to  said  real 
property  is  the  fee  simple  absolute  in  and  to  all  of  said  real  property. 

3.  That  affiant  is  by  — self in  the  open,  notorious,  actual,  peace- 
able and  exclusive  occupation  and  possession  of  said  real  proporty  and 
every  part  thereof,  adverse  to  the  whole  world,  and  has  been  in  such 
occupation  and  possession  thereof  and  the  owner  of  said  estate  therein 
continuously  for  more  than  — —  years  last  past;  and  during  all  of  said 
time  has  paid  all  the  taxes,  state,  county  and  municipal,  which  have 
been  levied  or  assessed  upon  said  real  property  or  any  part  tliereof . 

4.  That  affi.ant  acquired  the  said  real  property  and  estate  by  purchase 
from ,  by  deed  of  grant,  bargain  and  sale  for  a  valuable  considera- 
tion on  the  day  of  ,  A.  D.  ,  and  at  the  same  time 

obtained  from  said  said  occupation  and  possession  of  said   real 

property. 

5.  That  affiant  has  never  made  any  conveyance  of  said  real  property 
or  any  part  thereof,  or  of  any  interest  therein  to  anyone. 

6.  That  there  is  no  subsisting  or  other  mortgage,  deed  of  trust,  encum- 
brance or  other  lien  on  said  real  ])roperty  or  any  part  thereof. 

7.  That  affiant  does  not  know  and  has  never  been  informed  of  any 
person  who  claims  or  who  may  claim  any  interest  in  or  lien  upon  said 
real  property  or  any  part  thereof  adversely  to  affiant,  excepting  only 
the  city  and  county  of  San  Francisco. 


Form  3294  Cowdery's  Form  Book.  1152 

8.  That  the  city  and  county  of  San  Francisco  is  a  municipal  corpora- 
tion of  the  state  of  California,  and  has  succeeded  to  all  the  jurisdiction, 
powers  and  property  rights  of  the  pueblo  of  Yerba  Buena  and  of  the 
city  of  San  Francisco;  that  said  city  and  county  of  San  Francisco 
claims  some  right,  title,  estate  or  interest  in  and  to  the  said  real  prop- 
erty, the  exact  nature  and  extent  of  wliich  are  unI:nown  to  affiant,  but 
that  said  claim  is  without  merit  and  that  said  city  and  county  of  San 
Francisco  has  no  right,  title,  estate  or  interest  in  or  to  said  real  prop- 
erty or  any  part  thereof. 

That  the  address  of  said  municipal  corporation  is  San  Francisco, 
California. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 

[Notarial  Seal]  j 

Notary  Public  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 

No.  3294.    SummonB. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California:  To  all  persons  claiming  any  in- 
terest in,  or  lien  upon,  the  real  property  herein  described  or  any 
part  thereof, ,  Defendants,  Greeting: 

You  are  hereby  required  to  appear  and  answer  the  complaint  of , 

plaintiff,  filed  with  the  clerk  of  the  above-entitled  court  and  city  and 
county,  within  three  months  after  the  first  publication  of  this  summons, 
and  to  set  forth  what  interest  or  lien,  if  any,  you  have  in  or  upon  that 
certain  real  property  or  any  part  thereof,  situated  in  the  city  and  county 
of  San  Francisco,  state  of  California,  particularly  described  as  fol- 
lows:   . 

You  are  hereby  notified  that,  unless  you  so  ap]iear  and  answer,  the 
plaintiif  will  apply  to  the  court  for  the  relief  demanded  in  the  com- 
plaint, to  wit: 

That  this  court  by  its  judgment  and  decree  ascertain  and  determine 
all  estates,  titles,  interests,  claims,  mortgages,  deeds  of  trust,  liens  or 
other  encumbrances  in,  to  or  upon  the  real  property  hereinabove  de- 
scribed, and  every  part  thereof;  that  the  said  city  and  county  of  San 
Francisco  be  required  to  set  forth  the  precise  nature  and  extent  of  its 
claim,  right,  title,  interest  and  estate,  if  any,  in  or  to  said  real  property 
and  every  part  thereof,  and  that  it  be  adjudged  that  said  claim  is  with- 
out merit,  and  that  said  city  and  county  of  San  Francisco  has  no  claim, 
ri-ht,  title,  estate  or  interest  in  or  to  said  real  property  or  any  part 
thereof;  that  this  court  adjudge  this  plaintiff  to  be  the  owner  in  fee 
simple  absolute  of  said  real  property  and  every  part  thereof,  and  to  be 
in  the  actual  and  peaceable  occupation  and  possession  of  said  property 
and  of  every  part  thereof,  and  establish  plaintiff's  title  thereto  against 
all  persons  Avhomsoever;  and  for  such  other  relief  as  may  be  meet,  and 
for  plaintiff's  costs  herein. 

[Signature.] 


1153  Restoration  of  Title.  Forms  3295, 3296 

Witness  my  hand  and  the  seal  of  said  court  this  day  of  , 

A.  D.  10—. 

[Seal  of  the  Superior  Court]  ,  Clerk. 

By  ,  Deputy  Clerk. 

Memorandum. 

The  following  persons  are  said  to  claim  an  interest  in  or  lien  upon  said 
property  adverse  to  plaintiff: 

City  and  county  of  San  Francisco,  a  municipal  corporation,  address, 
San  Francisco,  California. 

Tlie  first  publication  ol'  this  summons  was  made  in  "Daily  Journal 
of  Commerce,"  a  newspaper,  on  the  day  of ,  A.  D.  19 — , 

No.  3295.    Affidavit  of  Service  of  Summons. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being  first  duly  sworn,  deposes  and  says:  That  he  is  and  at  all 

the  times  hereinafter  mentioned  was  a  citizen  of  the  United  States  and 
of  the  state  of  California,  over  the  age  of  twenty-one  years,  competent 
to  be  a  witness  in  the  within  entitled  action,  but  not  a  party  to  nor 
in  any  way  interested  in  said  action. 

That  on  the  day  of  ,  19—,  he  served  the  within  summons 

on  the  city  and  county  of  San  Francisco,  a  municipal  corporation,  one 

of  the  defendants  therein  named,  by  delivering  to  and  leaving  with , 

the  mayor  of  the  said  municipal  corporation,  defendant,  as  such  mayor 
and  for  said  defendant,  on  said  last-mentioned  day  and  in  the  city  and 
county  of  San  Francisco,  state  of  California,  a  copy  of  said  summons 
and  of  both  the  memoranda  thereon,  together  with  a  copy  of  the  veri- 
fied complaint  in  the  within  entitled  action  and  of  "Plaintiff's  Affidavit 
of  Title"  filed  in  said  action  with  said  complaint  and  now  on  file  in  said 
action. 

[Signature.] 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 

[Notarial  Seal]  , 

Notary  Public  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 

No.  3296.    A-ffidaVlt  of  Posting. 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  being  first  duly  sworn,  says : 

That  he  is  and  at  all  times  herein  mentioned  was  a  citizen  of  the 
United  States  and  of  the  state  oT  California,  over  the  age  of  twenty-one 
years,  competent  to  be  a  witness  in  the  above-entitled  action,  but  not 
a  party  to  said  action,  nor  in  any  wa}^  interested  therein. 

That  on  the  day  of  ,  A.  D.  ,  and  within  fifteen  days 

after  the  first  publication  of  the  summons  in  the  above-entitled  action, 

Form  Book — 73 


Forms  3297, 3298         Cowdery's  Form  Book.  1154 

he  posted  in  a  conspicuous  place  on  each  separate  parcel  of  the  property 
described  in  the  complaint  herein  a  copy  of  said  summons  together  with 
a  copy  of  the  memoranda  attached  thereto  setting  forth  in  what  news- 
paper and  on  what  date  the  first  publication  thereof  was  made,  and 
the  names  of  all  persons  claiming  an  interest  in  or  lien  upon  said  real 
property  or  any  part  thereof,  adverse  to  the  plaintiff,  together  with  the 
addresses  of  said  persons ;  that  the  printed  slip  hereto  attached  is  a 
copy  of  said  summons  and  of  said  memoranda  as  so  posted,  and  is 
hereby  made  a  part  of  this  affidavit. 

That  said  summons  was  published  in  the  newspaper  named  "Daily 
Journal  of  Commerce,"  and  the  first  publication  thereof  was  made  on 
. ,  A.  D. . 

That  said  summons  was  so  posted  by  affiant  as  follows,  viz: 

On  the  parcel  of  land ,  described  in  said  complaint. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D. . 

[Notarial  Seal]  > 

Notary  Public  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 

No.  3297.    Order  Designating  Newspaper  for  Publication  of  Summons. 
[Title  of  Court  and  Cause.] 

It  appearing  that  the  complaint  herein  has  been  filed,  together  with 
the  aftidavit  required  by  law  in  such  an  action,  and  that  the  newspaper 
hereinafter  named  is  a  newspaper  of  general  circulation,  published  in 
the  city  and  county  of  San  Francisco : 

It  is  ordered  that  the  summons  herein  be  published  in  the  newspaper 
named,  . 

Dated ,  A.  D.  19—. 

,  Judge  of  the  Superior  Court. 

No.  3298.    Afiidavit  of  Publication  of  Summons. 
City  and  County  of  San  Francisco, 
State  of  California,— ss. 

^  of  the  City  and  County  of  San  Francisco,  being  duly  sworn, 

deposes  and  says: 

That  he  is,  and  was  at  all  times  herein  mentioned,  a  white  male  citizen 
of  the  United  States,  over  the  age  of  twenty-one  years ;  and  that  he  is 
not  a  party  to,  or  interested  in,  the  above-entitled  action,  and  is  compe- 
tent to  be  a  witness  therein. 

That  he  is,  and  was  at  all  times  herein  mentioned,  the  foreman  of  the 
Journal  Publishing  Company,  the  printer  and  publisher  of  the  "Daily 
Journal  of  Commerce,"  that  said  "Daily  Journal  of  Commerce"  was 
during  all  the  times  hereinafter  mentioned,  and  now  is,  a  newspaper 
of  general  circulation,  as  defined  by  section  4460  of  the  Political  Code 
of  the  state  of  California,  printed  and  published  for  the  dissemination 
of  local  and  telegi-aphic  news  and  intelligence  of  a  general  character. 


1155  Restoration  of  Title.  Form  3299 

having-  a  bona  fifle  subscrijjtion  list  of  paying-  suhscribors;  and  not  de- 
voted to  the  interests,  or  publislied  for  the  entertainment  or  instruction 
of  any  particular  class,  profession,  trade,  calling,  race,  or  denomination, 
or  for  any  number  of  such  classes,  professions,  trades,  callings,  races 
or  denominations.  That  the  said  newspaper  has  been  established, 
printed  and  published  at  regular  intervals,  to  wit,  daily  except  Sundays 
and  legal  holidays,  in  the  city  and  county  of  San  Francisco,  state  of 
Califonaia,  for  more  than  two  years  preceding  the  date  of  the  publica- 
tion hereinafter  mentioned.  And  that  as  such  foreman  affiant  has  now, 
and  at  all  times  herein  mentioned,  has  had  charge  of  all  publications  and 
advertisements  in  said  newspaper. 

That  the  summons  in  said  action,  with  the  memoranda  appended 
thereto,  a  true  printed  copy  of  which  is  hereto  annexed  and  made  a  part 
of  this  affidavit,  was  published  in  the  said  city  and  county  of  San 
Francisco  in  the  said  ''Daily  Journal  of  Commerce"  at  least  once  every 
week  for  ten  consecutive  weeks,  on  the  following  dates,  to  wit : . 

The  said  summons  as  so  published  was  set  in  nonpareil  type;  and  was 
preceded  with  words  printed  in  black  face  tji^e  of  larger  size,  describing 
and  expressing  in  general  terms,  the  purport  and  character  of  the  said 
summons. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 


) 


Notary  Public  in  and  for  the  City  and  County  of  San  Francisco,  State 
of  California. 

No.  3299.    Notice  of  Lis  Pendens. 

[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that  an  action  has  been  commenced  in  the 
superior  court  of  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, by  the  above-named  plaintiff,  against  all  persons  claiming  any 
interest  in  or  lien  upon  the  real  property  herein  described  or  any  part 
thereof. 

That  said  action  has  been  brought  to  obtain  a  judgment  and  decree 
of  the  above-entitled  court  ascertaining  and  determining  all  estates, 
rights,  titles,  interests,  claims,  moi-tgages,  deeds  of  trust,  liens  or  other 
encumbrances  in,  to  or  upon  the  real  property  hereinafter  described,  and 
every  part  thereof ;  requiring  the  city  and  county  of  San  Francisco  to  set 
forth  the  precise  nature  and  extent  of  its  claim,  right,  title,  interest,  and 
estate,  if  any,  in  or  to  said  real  property  and  every  part  thereof,  and 
adjudging  that  said  claim  is  without  merit  and  that  said  city  and  county 
of  San  Francisco  has  no  claim,  right,  title,  estate  or  interest  in  or  to 
said  real  property  or  any  part  thereof;  and  adjudging  the  plaint  iff  herein 
to  be  the  owner  in  fee  simple  absolute  of  said  real  property  and  every 
part  thereof  and  to  be  in  the  actual  and  peaceable  occupation  and  pos- 
session of  said  property  and  of  every  part  thereof,   and   establishing 


Form  3299a  Cowdery's  Form  Book.  1156 

plaintiff's  title  thereto  against  all  persons  whomsoever;  and  for  such 
other  relief  as  may  be  meet,  and  for  plaintiff's  costs  herein. 

Said  property  is  described  as  follows,  to  wit :  All  that  real  property  in 
the  city  and  county  of  San  Francisco,  state  of  California,  and  partic- 
ularly described  as  follows:  . 

Dated . 

,  Attorney  for  Plaintiff. 

No.  3299a.    Decree  Establishing  Title. 

The  above-entitled  action  coming  on  regularly  this  day  for  trial  before 
the  court,  sitting  without  a  juiy,  a  jury  having  been  duly  waived,  the 

plaintiff —  appeared  in  person  and  by ,  the  attornej^s  for  plaintiff — ; 

the  defendant,  city  and  county  of  San  Francisco,  a  municipal  corpora- 
tion, appeared  by ,  Esq.,  its  attorney ;  all  other  defendants  failed  to 

appear,  answer  or  plead  herein,  and  their  default  for  such  failure  was 
duly  entered. 

Oral  and  documentary  evidence  was  offered  and  introduced  and  the 
cause  submitted,  and  the  court  being  fully  advised  in  the  premises,  found 
and  now  hereby  finds  and  adjudges  and  decrees  the  following  facts,  all 
of  wliich  satisfactorily  appeared  and  appear  to  the  court,  viz : 

1.  That  the  above-entitled  action  was  duly  commenced  by  the  filing  of 
a  verified  complaint  describing  the  land  hereinafter  described  and  con- 
taining the  allegations  required  by  or  enumerated  in,  and  has  been  prop- 
erly brought  under  and  in  accordance  with  the  requirements  of,  the  act 
of  the  legislature  of  the  state  of  California  entitled  "An  act  to  provide 
for  the  establishment  and  quieting  of  title  to  real  property  in  ease  of 
the  loss  or  destruction  of  public  records,"  approved  June  16,  1906:  . 

2.  That  at  the  time  of  filing  said  complaint,  the  said  plaintiff —  duly 
filed  therewith   plaintiff's   affidavit,   fully   and   explicitly   and   correctly 

setting  forth  and  showing  all  the  matters  required  by  ,  said  

act — ,  and  particularly  by  the  provisions  of  section  5  thereof. 

3.  That  at  the  time  of  filing  said  complaint,  the  plaintiff —  duly  filed 
for  record  and  caused  to  be,  and  there  was,  duly  recorded  in  the  office  of 
the  county  recorder  of  the  city  and  county  of  San  Francisco,  a  notice  of 
the  pendency  of  said  action  in  accordance  with  the  provisions  of  said 

act—,  and  containing  and  stating  the  object  of  said  action  and  a 

particular  description  of  the  property  affected  thereby,  to  wit,  the  de- 
scription hereinafter  set  forth,  as  well  as  all  other  matters  and  things 

required  or  provided  by said act —  to  be  set  forth  in  the  notice 

of  pendency  of  action ;  and  that  the  said  county  recorder  thereupon  duly 
recorded  the  said  notice  in  a  book  devoted  exclusively  to  the  recordation 
of  such  notices  and  duly  entered  upon  a  map  or  plat  of  the  parcels  of 
land,  kept  by  him  for  that  purpose,  on  that  part  of  the  map  or  plat  rep- 
resenting the  parcel  or  parcels  described  in  said  complaint  and  said 
notice  of  lis  pendens,  a  reference  to  the  date  of  the  filing  of  such  notice, 
and  to  the  book  and  page  of  the  record  thereof. 

4.  That  upon  the  filing  of  said  complaint,  a  summons  fully  complying 
with  and  in  the  form  prescribed  in  and  by  said act —  was  duly  is- 


1157  Restoration  of  Title.  Form  32yya 

sued  out  of  and  under  tlie  seal  of  said  court  in  accordance  with  the  re- 
quirements of  said  act — ; 

5.  That  thereafter  an  order  of  said  court  was  duly  given,  signed  and 
made,  and  filed  with  the  clerk  of  said  court,  designating  tlie  newspaper 

named  in  said  order,  to  wit, ,  as  the  ncwsi)aper  in  which  publication 

of  the  said  summons  was  ordered  to  be  made,  and  that  thereafter  and  in 
accordance  Avith  said  order,  and  with  Title  V  of  Part  IV  of  the  Political 
Code,  and  in  accordance  with  law,  the  said  summons  was  duly  published 
in  said  newspaper  once  a  Aveek,  for  a  period  of  more  than  two  months; 
that  to  each  publication  of  said  summons  there  were  appended  memo- 
randa stating  the  date  of  the  first  publication  of  said  summons  and  the 
name  of  said  newspaper  in  which  said  publication  was  made,  and  also 
stating  the  name  and  address  of  all  persons  claiming  an  interest  in  or 
lien  upon  said  property,  adverse  to  the  plaintiff —  and  the  fact  of  such 
claim  that  all  said  memoranda  complied  fully  and  completely  with  the 

requirements  of,  and  were  in  the  form  prescribed  in  and  by,  said 

act — ,  and  particularly  section  4  thereof ;  that  for  more  than  five 

years  prior  to  the  commencement  of  this  action  and  thence  continuously 
down  to  and  including  the  present  time,  said  newspaper  has  been  and  is 
a  newspaper  of  general  circulation  published  in  said  city  and  county  of 
San  Francisco;  that  at  all  said  times  said  newspaper  was  and  is  of  gen- 
eral circulation  as  defined  by  section  4460  of  the  Political  Code  of  Cali- 
fornia. 

6.  That  within  fifteen  days  after  the  first  piiblication  of  said  summons, 
a  copy  of  said  summons,  together  with  a  copy  of  the  said  menior:uida, 
were  duly  posted  according  to  law  in  a  conspicuous  place  on  each  sep- 
arate parcel  of  the  property  described  in  said  complaint,  and  were,  to- 
gether with  said  complaint,  duly  and  regularly  served  on  each  and  all  of 
the  defendants  herein  in  all  respects  as  required  by  law. 

7.  That  the  afiidavit  hereinabove  referred  to  did  not  disclose  the  name 
of  any  person  or  persons  claiming  any  interest  in  or  lien  upon  all  or  any 
of  the  property  described  in  said  complaint,  adverse  to  the  plaintiff — . 
except  the  city  and  county  of  San  Francisco,  a  munieii)al  corporation  of 
the  state  of  California. 

8.  That  during  the  period  of  the  said  publication  of  said  summons  and 
within  two  months  after  the  first  publication  of  said  sunmions,  said  com- 
plaint, together  with  said  affidavit  and  said  summons  and  appended  to 
said  summons,  a  copy  of  all  said  memoranda  were  duly  personally  served 
in  said  city  and  county  of  San  Francisco,  state  of  California,  upon  the 
defendant  city  and  county  of  San  Francisco,  a  municipal  corporation, 

(by  delivering  to  and  leaving  with ,  the  mayor  and  president  of  the 

board  of  supervisors  of  said  city  and  county  of  San  Francisco,  as  such 

mayor  and  president,  a  copy  of  each  and  every  thereof  on  A.  D. 

, ),  and  upon  ,  the  defendant  ,  personally,  by  delivering  to 

and  leaving  with  ,  said  defendant  ,  personally,  a  copy  of  each 

and  every  thereof,  ,  and  upon  the  defendant  ,  personally,  by 

delivering-  to  and  leaving  with  ,  the  of  said  defendant, , 


Foiiii  3299a  Cowdery's  Form  Book.  1158 

personally  as  such ,  a  copy  of  each  and  every  thereof ,  all  in  said 

city  and  county  of  San  Francisco,  state  of  California. 

9.  That  the  publication  and  posting  of  said  summons  and  its  service 
upon  and  mailing  to  each  and  all  of  the  persons  upon  whom  it  is,  by 
any  or  all  of  the  provisions  of  the  aforesaid  ■ act—,  directed  or  re- 
quired to  be  specially  or  otherwise  served  have  been  fully  and  duly  com- 
pleted; that  more  than  two  montlis  and  forty  days  have  elapsed  since 
the  first  publication  of  said  summons,  and  that  no  extension  of  time  to 
appear  herein  or  to  become  a  party  to  this  action  has  been  made  or 
granted,  and  that  the  time  for  appearing  herein  or  becoming  a  party  to 
this  action  has  fully  expired  and  that  no  defendant  or  person  or  corpo- 
ration has  appeared  or  made  himself  or  itself  a  party  to  this  action,  ex- 
cept that  said  city  and  county  of  San  Francisco  has  appeared  and  filed 
its  answer  herein. 

10.  That  this  court  has  now  full  and  complete  jurisdiction  to  render 
judgment  herein,  under  the  provisions  of ,  the  aforesaid act — ; 

11.  That  at  the  time  of  filing  said  complaint,  and  at  all  the  times  in 

said  complaint  mentioned,  plaintiff —  was ,  ever  since  has been 

and  is the  owner —  of,  and  at  all  said  times  claimed  and  now  claims, 

an  estate  of  inheritance  in  all  the  real  property  described  in  said  com- 
plaint and  hereinafter  described  and  is  and  at  all  said  times  was 

. by  — self ,  in  the  open,  notorious,  exclusive,  continuous  actual 

and  peaceable  possession  and  occupation,  adverse  to  the  wiiole  world,  of 

all  said  real  property,  and  was at  all  said  times,  ever  since  has 

been  and  now  is the  owner —  in  fee  simple  absolute  of  all  said  real 

property,  free  of  encumbrance  ,  and  that  plaintiff  has  

never  made  any  conveyance  of  any  of  the  real  property  herein  described 
or  any  part  thereof  or  any  interest  therein ;  that  at  the  time  of  the  com- 
mencement of  this  action  the  said  real  property  and  all  thereof  was,  ever 
since  has  been  and  still  is  protected  by  a  substantial  inclosure—  and 
fence —  constructed,  erected  and  maintained  by  plaintiff —  and  during 
all  said  times  has  been  and  is  usually  cultivated  and  improved  by  said 
plaintiff — . 

12.  That  the  public  records  in  the  office  of  the  county  recorder  of  the 
city  and  county  of  San  Francisco  were,  in  many  material  parts  and 
almost  wholly,  destroyed  by  fire,  on  the  eighteenth,  nineteenth  and  twen- 
tietli  days  of  April,  A.  D.  1906. 

13.  That  other  than  the  above-entitled  action,  to  wit,  this  action,  no 

action  autliorized  by  said  act,  approved  June  16,  1906,  ,  has  been 

commenced,  no  complaint  has  been  filed,  and  no  judgment  or  decree  in 

any  action  authorized  by said  act —  has  been  given,  made,  rendered 

or  entered,  as  to  or  in  any  way  affecting  the  title  to  or  involving  said 
real  property  or  any  part  thereof;  that  plaintiff  has  made  satis- 
factory, due  and  sufficient  inquiry  and  used  reasonable  diligence  to  de- 
termine whether  there  is  any  other  person  or  corporation  who  has  or 
claims  or  who  may  have  or  claim  any  interest  in  or  lien  or  encumbrance 


1159  Restoration  of  Title.  Form  3299a 

upon  the  real  property  herein  described  or  any  part  thereof  adverse  to 
plaintiff. 

14.  That  no  notice  or  claim  under  or  pursuant  to  or  complying  with  or 
purporting  or  undertaking  to  comply  with  the  act  of  the  legislature  of 
the  state  of  California,  approved  March  23,  1907,  entitled  "An  act  sup- 
plementary to  the  act  approved  June  16,  1906,  entitled  'An  act  to  pro- 
vide for  the  establishment  and  quieting  of  title  tq  real  property  in  case 
of  the  loss  or  destruction  of  public  records,'  providing  for  tlie  making 
and  recordation  of  notice  of  ownership  or  claim  to  real  property,"  has 
been  filed  for  record  or  recorded  in  the  office  of  the  county  recorder  of 
the  city  and  county  of  San  Francisco,  giving  notice  of  or  asserting  or 
claiming,  the  ownership  of  the  real  property  herein  described  or  any 
part  thereof,  or  of  any  interest  therein  or  lien  thereon. 

15.  Tiiat  there  is  no  subsisting  or  other  mortgage,  deed  of  trust  or 
other  lien  or  encumbrance  of  any  kind  or  nature  on  said  real  i)ropcrty 

or  any  part  thereof,  .     That  ,  no  person  or  corporation  has  or 

claims  or  may  claim  any  interest  in  or  lien  or  encumbrance  upon  said 
real  property  or  any  part  thereof  other  than  or  adverse  to  the  plaintiff, 

excepting  only  the  city  and  county  of  San  Francisco, ,  but  that 

said  claim is  without  merit  and  that  said  city  and  county  of 

San  Francisco has  no  right,  title,  estate  or  interest  in  or  to  or  lieu 

upon  said  real  property  or  any  part  thereof.  That  the  city  and  county 
of  San  Francisco  is  a  municipal  corporation  of  the  state  of  California, 
and  has  succeeded  to  all  the  jurisdiction,  powers,  and  property  rights  of 
the  pueblo  of  Yerba  Buena,  and  of  the  city  of  San  Francisco. 

16.  That  each  and  every  allegation  and  statement  made  or  contained 
in  said  complaint  or  in  said  affidavit  filed  herein  as  aforesaid  with  said 
complaint  is  true. 

From  the  foregoing  facts,  the  court  orders,  adjudges  and  decrees  as 
follows  and  also  makes  as  its  conclusions  of  law  the  matters  and  things 
hereinafter  ordered,  adjudged  and  decreed. 

Now,  therefore,  all  the  foregoing  matters  being  fully  considered,  and 
good  cause  appearing  therefor, — 

A.  It  is  ordered,  adjudged  and  decreed,  that  said  plaintiff was 

at  the  commencement  of  this  action,  ever  since  has  been  and 

is the  sole  owner —  in  fee  simple  absolute  of  all  the  real  property 

described  in  said  complaint,  and  hereinafter  described  and  every  part 

thereof,  and  is  and  at  all  said  times  Avas  in  the 'actual  and 

peaceable  possession  and  occupation  of  said  real  property  and  every  part 
thereof,  adverse  to  all  the  world,  and  that  the  title  of  plaintiff—  thereto 
be  and  is  hereby  established  and  quieted  against  all  the  world  and 
against  all  persons  and  corporations  whomsoever  and  free  and  clear  of 
all  mortgages,  deeds  of  trust,  liens  and  encumbrances  of  every  kind  or 
nature  whatsoever. 

B.  It  is  further  ordered,  adjudged  and  decreed,  that  the  defendant, 
city  and  county  of  San  Francisco,  a  municipal  corporation,  makes  nn 
claim  to  any  of  the  said  real  pro]:)erty,  and  that  said  city  and  county  of 


Form  3300  Cowdery  's  Form  Book.  1160 

San  Francisco  has  not  any  right,  estate,  title,  claim  or  interest  in  or  to  or 
lien  upon  said  real  property  or  any  part  thereof  as  trustee  or  otherwise. 

C.  It  is  further  ordered,  adjudged  and  decreed,  that  no  person  or  per- 
sons or  corporation  other  than  said  plaintiff—  now  has  or  have,  and  that 
at  the  time  of  the  commencement  of  this  action  no  person  or  persons  or 
corporation  other  than  said  plaintiff—  had  any  estate,  interest,^  right 
or  title,  either  legal  or  equitable,  present  or  future,  vested  or  contingent 
or  otherwise,  in  or  to  any  lien,  deed  of  trust,  encumbrance,  charge  or 
valid  claim  upon,  of  or  against  said  real  property  or  any  part  or  parcel 
thereof  or  interest  therein. 

D.  It  is  further  ordered,  adjudged  and  decreed,  that  all  persons  and 

corporations  other  than  the  said  plaintiff  ,  are  hereby  barred  and 

perpetually  enjoined  and  estopped  from  asserting  or  setting  up  any 
estate,  right,  title,  interest,  claim,  lien,  encumbrance  or  deed  of  trust  m, 
to,  or  upon  said  real  property  or  any  part  thereof. 

The  following  is  a  correct  description  of  the  real  property  above  men- 
tioned and  hereinbefore  adjudged  to  belong  to  said  plaintiff—,  to  Avit : 

That  certain  lot—  of  land  in  the  city  and  county  of  San  Fran^'isco, 
state  of  California,  more  particularly  described  as  follows,  to  wit: . 

[Dated.] 

,  Judge  of  the  Superior  Court. 


RESTORATION  TO  CAPACITY. 

8300.    Petition  for  decree  restoring  to  capacity. 
3301.     Judgment  of  restoration  to  competeucy. 

No.  3300.    Petition  for  Decree  Restoring  to  Capacity. 

[Title  of  Court  and  Cause.] 

To  the  Honorable,  the  Superior  Court  in  and  for  tlie  County  of  Napa: 

The  petition  of  A.  B.  states  that  on  June  3,  1917,  he  was,  by  the  judg- 
ment of  the  said  superior  court,  adjudged  to  be  a  mentally  incompetent 
person.  That  he  is  now  restored  to  mental  capacity  and  competency, 
and  he  prays  the  court  for  an  order  judicially  determining  that  he  is 
now  restored  to  mental  competency,  and  capacity. 

[Signature.] 

ISrOTE.— The  court  appoints  a  day  for  the  hearing  before  the  court.  The 
petitioner  may  demand  a  inry.  TsTotice  is  given  to  the  guardian,  if  any, 
and  to  the  husband  or  wife  if  there  is  one,  and  to  the  father  or  mother 
if  living  in  the  county.  The  petition  may  be  contested:  California,  Code 
Civ.  Proc,  sec.  1766.  See  Code  Civ.  Proc,  sec.  1767.  for  definition  of  the 
words   "incompetent."    "mentallv   incompetent"   and    "incapable." 

See  California,  Code  Civ.  Proc.,  sec.  1766;  Montana,  Eev.  Codes  1907,  sec. 
7767  et  seq. 


1161  Restoration  to  Capacity — Return.         Form  3301 

No.  3301.    Judgment  of  Restoration  to  Competency. 

[Title  of  Court  and  Cause.] 

The  matter  of  the  petition  of  A.  B.  to  be  adjudged  restored  to  mentnl 
competency  coming  on  to  be  heard  this  third  day  of  June,  1917,  and  the 
matter  having  been  heard  by  the  court  in  manner  and  form  as  is  by  law 
directed,  and  the  matter  having  been  submit  led  for  judgment,  it  is  by 
these  presents  adjudged  that  the  said  A.  B.  is  now  fully  restored  to 
mental  capacity,  and  was  restored  to  full  mental  capacity  at  the  time 
the  said  petition  was  verified  and  filed. 

Dated . 

,  Judge. 

NOTE. — Eespeeting  the  judi'-ial  determination  of  a  petitioner  for  restora- 
tion to  competency  the  statute  reads:  "If  it  be  found  that  the  person  be 
of  sound  mind  and  capable  of  taking  care  of  himself  and  his  property, 
his  restoration  to  capacity  shall  be  adjudged."  It  is  unnecessary  to  in- 
clude the  words  above  quoted  in  the  court's  adjudication  of  the  fact  of 
mental  restoration  to  capacity,  the  statute  (California,  Code  Civ.  _  Proc, 
sec.  1766)  having  defined  the  judicial  meaning  of  the  phrases  "ineom- 
peteul,"  "mentally  incompetent,"  and  "incapable"  to  be  equivalent  to  the 
words  above  quoted:  Code  Civ.  Proc,  sees.  17iJ6,  1767. 


RESTRAINING  ORDER. 

Restraining  Order,  No.  2146. 


RETURN. 

See   Certificate. 

Attachment— Officer's  Eeturn  of  Levy  on  Moneys  and  Other  Personal  Prop- 
erty, No.  590. 

Attachment— Officer's  Eeturn  of  Levy  on  Shares  in  Corporation,  No.  o91. 

Officer's  Return  of  Property  Delivered  to  PlaintiiT,  No.  890. 

Officer's  Return  of  Property  to  Defendant,  No.  89;^. 

Return  and  Account  of  Sales  of  Personal  Property,  No.  3107. 

Eeturn  and  Account  of  Sale  of  Real  Estate,  No.  3093. 

Return  and  Account  of  Trustee,  No.  3690. 

Eeturn  and  Certificate  of  Service  by  Officer,  No.  3562. 

Eeturn  and  Certificate  of  Service  by  Officer — Justice's  Court.  No.  3551. 

Eeturn  and  Certificate  of  Attempted  Service  by  Sheriflf,  Where  Certificate 
of  Residence  has  Been  Filed,  No.  3573. 

Return  and  Certificate  of  Service  upon  County,  City  or  Torvn,  No.  3571. 

Return  and  Certificate  of  Service  upon  Domestic  Corporation.  No.  3563. 

Return  and  Certificate  of  Service  upon  Foreign  Corporation.  No.  3565. 

Return  and  Certificate  of  Service  upon  Minor  Del'-ndant.  No.  3507. 

Eeturn  and  Certificate  of  Service  upon  Person  of  Unsound  Mind,  No.  3569. 

Return  and  Certificate  of  Service  of  Summons,  Order  of  Arrest,  and  Notice 
to  Plaintiff — Justice's  Court,  No.  446. 

Eeturn  on  Attachment  of  Personalty — Justice's  Court,  No.  615. 

Eeturn  of  Attachment  or  Execution  Showing  Levy  on  Credits,  etc. — Jus- 
tice's Court,  No.  616. 

Return  of  Execution  Satisfied,  No.  1671. 

Return  of  Execution  Satisfied — Another  Form,  No.  1672. 


Form  3330  Cowdery's  Form  Book.  1162 

Return  of  Levy  on  and  Sale  of  Personal  Property,  No.  1706. 
Return  of  Levy  on  and  Sale  of  Real  Property,  No.  1704. 
Return  of  Sale  of  Real  Estate,  No.  1705. 

Return  of  Service  of  Notice  of  Setting  Case  for  Trial  or  Hearing  of  De- 
murrer— Justice's  Court,  No.  2787. 
Return  or  Verdict  of  Coroner's  Jury,  No.  1281. 
Return  of  Service  of  Order,  No.  3616. 
Return  of  Search-warrant,  No.  3333. 
Return  to  be  Indorsed  on  or  Annexed  to  Writ  of  Habeas  Corpus,  No.  2044. 


REVOCATION. 

See   Wills. 
Revocation  of  an  Executor  and  Another  Appointed  in  His  Stead,  by  a  Codi- 
cil, No.  3924. 
Revocation  of  Power  of  Attorney,  No.  2986. 
Revocation  of  Submission  by  One  Party,  No.  415. 

SATISFACTION. 

See  Release  and  Satisfaction. 


SEARCH-WARRANT. 

3330.  Complaint  for  search-warrant. 

3331.  SearclL-warrant. 

3332.  Search-warrant — Washington. 

3333.  Return  of  search-warrant. 

3334.  Inventory  to  be  attached  to,  or  written  on  back  of,  search-warrant, 

and  affidavit. 

No.  3330.    Complaint  far  Search-warrant. 

State  of , 

County  of ,  ss. 

being  duly  sworn,  makes  complaint  and  says  that,  on  the  

(Jay  of ,  19—,  in  the  county  of ,  state  of ,  the  crime  of • 

was  committed,  to  wit,  by  (whose  real  name  is  unknown  to  this 

complainant),  who  then  and  there  did  [etc.].  And  this  deponent  fur- 
ther says  that  he  has,  and  there  is,  just,  probable,  and  reasonable  cause 
to  believe,  and  that  he  does  believe,  that  said  personal  goods  and  pjop- 

erty  are  now  concealed  in  the  house  of ,  at ,  in  said  county,  all 

of  which  is  contrary  to  the  form,  force,  and  effect  of  tlie  statute  in  such 
eases  made  and  provided,  and  against  the  peace  and  dignity  of  the  people 

of  the  state  of .     And  this  complainant  prays  tliat  a  search-warrant 

may  issue  for  the  recovery  of  said  personal  goods  and  property,  and  that 
the  same  may  be  brought  before  a  magistrate  and  disposed  of  according 

to  law. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 


1163  Search-warrant.  Forms  :]331, 3332 

NOTE. — There  may  be  other  corroborative  affidavits  or  "depositions."  The 
above  affidavit  may  be  used  where  the  property  was  stolon  or  embezzled.  If 
the  case  arises  under  other  provisions  of  the  statute,  state  the  facts,  and 
change^the  language  of  the  affidavit  to  suit. 

In  Xorth  Dakota,  a  search-warrant  may  issue  upon  affidavit  that  intoxicat- 
ing liquors  of  any  kind  are  being  kept,  or  are  present,  upon  certain  premises, 
particularly  described,  if  they  are  in  unusual  cjuantities,  or  are  kept  upon 
said  premises  for  the  purpose  of  barter  and  sale,  for  use  as  a  beverage,  con- 
trary to  law:   See  N.  D.  Laws  1907,  p.  310. 

See,  also,  Alaska,  Corap.  Laws  1913,  sec.  24S6  et  seq.;  Arizona,  Rev.  Stats. 
(Pen.  Code  1913),  sec.  1392  et  seq.;  California,  Pen.  Code,  sec.  1523  et  seq.; 
Colorado,  Mill's  Ann.  Stats.  1912,  sec.  20t;S;  Hawaii,  Rev.  Code  1915,  sec. 
3714  et  seq.;  Idaho,  Rev.  Codes  1907,  sec.  8390  et  seq.;  Kansas,  Gen.  Stats. 
1915,  sec.  8220  et  seq.;  Montana,  Rev.  Codes  1907,  see.  9676  et  seq.;  Ne- 
braska, Rev.  Code  1913,  sec.  8992  et  seq.;  Nevada,  Rev.  Laws  1912,  sec. 
7415  et  seq.;  New  Mexico,  Stats.  Ann.  1915,  sec.  4456;  North  Dakota,  Comp. 
Laws  1913,  sec.  11,129  et  seq.;  Oklahoma,  Harris  &  Day's  Code  1910,  sec. 
6059  et  seq.;  Oregon,  Lord's  Oregon  Laws,  sec.  1852;  South  Dakota,  Comp. 
Laws  1913.  sec.  7316;  Utah,  Comp.  Laws  1907,  sec.  5081;  Washington,  Rem. 
Code,  sec.  2237  et  seq.;  Wyoming,  Comp.  Stats.  1910,  sec.  6313. 

No.  3331,     Search-warrant. 
[Title  of  Court.] 

The  People  of  the  State  of ,  to  Any  Sheriff,  Constable,  Marshal  or 

Policeman  in  the  County  of ,  State  of  ■ — — . 

Proof,  by  affidavit,  having  been  this  day  made  before  me  by that 

on  the day  of ,  A.  D.  19 — ,  in  said  city  and  county,  the  crime 

of  misdemeanor  was  committed  by  (whose  real  name  is  unknown 

to  this  complainant),  and  that  certain  are  now  concealed  in  the 

house  of  at  street,  between  and  streets,  in  said 

county  of  ,  state  of  .     You  are  therefore  commanded  in  the 

daytime  to  make  immediate  search  of  the  above-described  premises  for 
the  above-described  property,  and  if  you  find  the  same  or  any  part 
thereof,  bring  it  forthwith  before  me  at  the  courtroom  of  said  court. 

Given  under  my  hand  and  dated  this day  of A.  D.  19 — , 

[Signature.] 

No.  3332.    Search-warrant — Washington. 

State  of , 

• County, — ss. 

To  the  Sheriff  or  any  Constable  of  said  County. 

Whereas has  this  day  made  complaint  on  oath  to  the  undersic:ncd, 

one  of  the  justices  of  the  peace  in  and  for  said  county,  that  the  follow- 
ing goods  and  chattels,  to  wit: ,  the  property  of  the  said ,  have 

been,  within  days  past,  or  were  on  the  day  of  ,  19 — ,  by 

some  person  or  persons  unknown,  stolen,  taken  and  carried  away  out 

of  the  possession  of  the  said in  the  county  aforesaid;  and  also  that 

the  said  verily  believes  that  the  said  goods,  or  a  part  thereof,  are 

concealed  in  or  about  the  house  of  ,  in  said  county,  described  as 

follows:  : 


Forms  3333,  3334         Cowdery  's  Form  Book.  1164 

Therefore,  in  the  name  of  the  state  of ,  you  are  commanded  that, 

with  the  necessary  and  proper  assistance,  yon  enter  into  the  said  house, 
and  there  diligently  search  for  the  said  goods  and  chattels;  and  if  the 
same,  or  any  part  thereof,  be  found  on  such  search,  bring  the  same,  and 

also  the  said ,  forthwith  before  me,  to  be  disposed  of  according  to 

law. 

Given  under  my  hand  this day  of ,  19 — . 

,  Justice  of  the  Peace. 


NOTE.— See  Wash.  Eem.  Code,  sec.  1935,  p.  987. 

No.  3333.    Return  of  Search-warrant. 

State  of , 

County  of ,  ss. 

I,  the  undersigned,  police  officer,  make  this,  my  return,  to  the  within 

search-warrant.     I  received  said  warrant  on  the day  of ,  19 — , 

and  under  its  authority  I,  on  the  day  of  its  date,  diligently  searched  the 

premises  described  as  follows,  to  wit:  ,  and  I  there  discovered  and 

seized  all  the  property   described  in  the  inventory  accompanying  this 
return  [or,  if  otherwise,  state  result  of  search]. 

,  Police  Officer. 

No.  8334.    Inventory  to  he  Attached  to,  or  Written  on  Back  of,  Search- 
warrant,  and  Affidavit. 
[Here  give  an  inventory  of  the  property  taken.] 

I, ,  the  officer  by  whom  this  warrant  was  executed,  do  swear  that 

the  above  inventory  contains  a  true  and  detailed  account  of  all  the  prop- 
erty taken  by  me  on  the  warrant. 

[Signature.] 
Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — California,  Fen.  Code,  see.  1537;    Alaska,   Comp.  Laws  1913,  sec. 
1218;  Idaho,  Rev.  Codes  1907,  sec.  8404;  Utah,  Comp.  Laws  1907,  sec.  5095. 


SERVICE  OF  PROCESS. 

See  Affidavit;  Return;  Subpoena;  Summons. 


1165  Services  Rendered.  Forms  3340-3342 


SERVICES  RENDERED. 

3340.  Complaint  for  work  done  and  materials  furnished. 

3341.  Complaint  for  services  rendered  at  fixed  price. 

3342.  Complaint  for  services  of  minor  son. 

No.  32i0.    Complaint  for  Work  Done  and  Materials  Furnished. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the day  of ,  19—,  at ,  he  furnished  the  paint. 

and  painted  defendant's  house,  at  defendant's  request. 

2.  That  defendant  promised  to  pay  him dollars  ($ )  therefor. 

3.  That  he  has  not  paid  the  same  [except]. 
Wherefore  [etc.]. 

[Signature.] 

No.  3341.    Complaint  for  Services  Rendered  at  Fixed  Price. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  between  the day  of ,  19—,  and  the day  of , 

19 — ^  plaintiff  rendered  services  to  the  defendant,  at  his  special  instance 
and  request,  in  the  capacity  of  clerk. 

2.  That  for  said  services  the  defendant  promised  to  pay  plaintiff  a 
salary  at  the  rate  of dollars  ($ )  per  month. 

3.  Tliat  the  defendant  has  not  paid  the  said  salary  [except]. 

Wherefore  [etc.]. 

[Signature.] 

No.  3342.    Complaint  for  Services  of  Minor  Son. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  one rendered  services  as  a  clerk  to  the  defendant,  at  his 

request,  at  his  store  at  ,  from  the  day  of  ,  19—,  to  the 

day  of ,  19 — . 

2.  That  such  services  were  reasonably  worth  dollars  ($ ). 

3.  That  the  said was  then,  and  is  now,  under  twenty-one  years 

of  age,  and  is  the  minor  child  of  this  plaintiff. 

4.  That  the  defendant  has  not  paid  the  same,  nor  any  part  thereof 

[except]. 

Wherefore  [etc.]. 

[Signature.] 


Forms  3350, 3351        Cowdery's  Form  Book.  1166 


SHERIFFS. 

3350.  Complaint  against  sheriff  for  false  return. 

3351.  Complaint  against  sheriff  for  moneys  collected. 

3352.  Complaint  against  sheriff  for  neglecting  to  return  execution. 

3353.  Complaint  against  sheriff  for  not  executing  process. 

3354.  Complaint  against  sheriff  for  not  levying. 

CROSS-REFERENCES. 

Sheriff's  Deed  on  Execution,  No.  1468. 
Sheriff's  Deed  on  Foreclosure,  No.  1469. 
Sheriff's  Indemnity  Bond  on  Attachment,  No.  777. 
Sheriff's  Indemnity  Bond  on  Execution,  No.  778. 
Sheriff's  Official  Undertaking— Oregon,  No.  817. 

No.  3350.    Complaint  Against  Sheriff  for  TaJse  Return, 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  Tliat  at  the  time  of  issuing  the  execution  hereinafter  mentioned, 
the  defendant  was  the  sheriff  of  the  connty  of  Yuba,  in  this  state. 

2.  That  on  the  tenth  day  of  December,  1917,  judgment  was  duly  given 
and  made  in  an  action  in  the  superior  court  of  the  county  of  Yuba,  in 
favor  of  the  plaintiff,  against  one  G.  W.,  for  $1,000. 

3.  That  on  the  twentieth  day  of  December,  1917,  an  execution  against 
the  property  of  the  said  G.  W.  was  issued  upon  the  said  judgment 
directed  and  delivered  to  the  defendant,  as  sheriff  aforesaid. 

4.  That  the  defendant  afterward,  and  during  the  life  thereof,  levied, 
under  tlie  said  execution,  on  property  of  the  said  W.  of  the  value  of 
$1,000  [or,  sufficient  to  satisfy  the  said  judgment,  with  all  the  expenses 
of  the  execution;  or  state  particulars  of  property  on  which  he  might 
have  levied]. 

5.  That  the  defendant  afterward,  in  violation  of  his  duty  as  such 
sheriff,  falsely  returned  upon  the  said  execution,  to  the  clerk  of  the 
county  of  Yuba,  that  the  said  W.  had  no  property  in  his  county  on  which 
he  could  levy  the  amount  of  said  judgment,  or  any  part  thereof. 

6.  That  by  reason  of  said  premises,  the  plaintiff  has  been  deprived 
of  the  means  of  obtaining  the  said  monej^s  directed  to  be  levied  as  afore- 
said, and  which  are  still  wholly  unpaid,  and  is  likely  to  lose  the  same. 

Wherefore  [etc.]. 

[Signature.] 

No.  3351.    Complaint  Against  Sheriff  for  Moneys  Collected. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  at  the  time  hereinafter  mentioned,  the  defendant  was  the 
sheriff  of  the  county  of  San  Mateo,  in  this  state. 

2.  That  on  the  twenty-fifth  day  of  November,  1917,  at  San  Mateo,  an 
execution,  then   duly  issued,  in   form  and  effect  as  required  by  law, 


1167  Sheriffs.  Forms  3352, 3353 

against  the  propert}'  of  one  A.  B.,  and  in  favor  of  the  plaintiff,  ui^on  a 
judgment  for  the  sum  of  SjGaO,  theretofore  duly  given  in  favor  of  the 
plaintiff  against  said  A.  B.,  in  the  superior  court  of  the  county  of  San 
Mateo,  in  this  state,  was  by  the  plaintiff  directed  and  delivered  to  the 
defendant  as  such  sheriff. 

3.  That  the  defendant  thereafter,  as  such  sheriff,  collected  and  re- 
ceived upon  said  execution,  to  the  use  of  the  plaintiff,  the  sum  of  $350, 
besides  his  lawful  fees. 

4.  That  although  more  than  sixtj^  days  elapsed,  after  the  delivery  o£ 
said  execution  to  the  defendant,  before  this  action,  yet  he  has,  in  viola- 
tion of  his  duty  as  sheriff,  failed  to  pay  over  to  the  plaintiff  the  amount 
so  collected. 

Wherefore  [etc.], 

[Signature.] 

No.  3352.    Complaint  Against  Sheriff  for  Neglecting  to  Return  Execu- 
tion. 
[Title  of  Coiu't  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  at  the  time  of  the  issuing  of  the  execution  hereinafter  men- 
tioned, the  defendant  was  the  sheriff  of  the  county  of  Marin,  in  this 
state. 

2.  That  on  the  eighth  day  of  October,  1917,  in  an  action  in  the  su- 
perior coiu't  of  the  county  of  Marin,  in  this  state,  wherein  tliis  plaintiff' 
was  plaintiff,  and  one  A.  B.  was  defendant,  the  plaintiff  recovered  a  judg- 
ment duly  given  by  said  court  against  the  said  A.  B.  for  $200. 

3.  That  on  the  fifteenth  day  of  October,  1917,  an  execution  against 
the  property  of  said  A.  B.  was  issued  on  said  judgment  and  directed, 
and  then  delivered  to  the  defendant,  as  shei'iff  of  the  county  of  Marin, 
of  which  execution  the  following  is  a  copy:  [Copy  the  execution  and 
indorsement.] 

4.  That  although  more  than  ten  days  elapsed  after  delivery  of  said 
execution  to  the  defendant,  and  before  the  commencement  of  this  action, 
j-et  he  has,  in  violation  of  his  duty  as  such  sheriff",  failed  to  return  the 
same,  to  the  damage  of  the  plaintiff  in  $500. 

Dated . 

[Signature.] 

No.  3353.     Complaint  Against  Sheriff  for  not  Executing  Process. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  at  the  time  of  issuing  the  execution  hereinafter  mentioned,  the 
defendant  was  the  sheriff  of  the  county  of  Sacramento,  in  this  state. 

2.  That  on  the  twenty-seventh  day  of  September,  1917,  at  K.,  judg- 
ment was  duly  given  and  made  in  an  action  in  the  superior  court,  in 
favor  of  the  plaintiff,  against  one  E.  F.,  for  $500. 


Form  3354  Cowdery's  Form  Book.  1J6S 

3.  That  on  the  tenth  day  of  October,  1917,  an  execution  against  the 
property  of  the  said  E.  F.  was  issued  upon  the  said  judgment,  and 
directed  and  then  delivered  to  the  defendant  as  sheriff  aforesaid. 

4.  That  on  that  day  tlic  said  E.  F.  had  a  large  quantity  of  general 
merchandise  in  his  store,  No.  127  First  Street,  Sacramento,  and  owned 
the  said  store  and  lot  [or,  as  the  case  may  be],  in  the  said  county,  out 
of  Avhich  the  said  execution  might  have  been  satisfied,  of  which  the 
defendant  had  notice. 

5.  That  he  refused  and  neglected  to  make  a  levy  under  or  by  virtue 
of  said  execution,  upon  said  property,  or  any  part  thereof  [or,  as  the 
case  may  be;  and  if  he  levies  a  part,  specify  it],  as  by  said  execution  he 
was  required  to  do,  to  the  damage  of  the  plaintiff  of  $2,000. 

Wherefore  [etc.]. 

[Signature.] 

No.  3354.    Complaint  Against  Sheriff  for  not  Levying. 
[Title  of  Court  and  Cause,] 
The  plaintiff  complains  and  alleges : 

1.  That  at  the  time  of  issuing  the  execution  hereinafter  mentioned, 
the  defendant  was  the  sheriif  of  the  county  of ,  in  this  state. 

2.  That  on  the  day  of  ,  19 — ,  at  ,  judginent  was  duly 

given  and  made  in  an  action  in  the  superior  court,  in  favor  of  the  plain- 
tiff, against  one ,  for  $ . 

3.  That  on  the day  of ,  19 — ,  an  execution  against  the  prop- 
erty of  the  said  ,  was  issued  upon  the  said  judgment,  and  directed 

and  then  delivered  to  the  defendant  as  sheriff  aforesaid. 

4.  That  the  defendant  neglected  to  make  any  levy  on  the  goods  and 
chattels,  lands,  and  tenements  of  the  said  G.  W. ;  and  falsely  and  fraud- 
ulently returned  upon  the  said  writ  to  the  said  court,  that  the  said 
G.  W.  had  not  any  goods  or  chattels,  lands  or  tenements,  in  his  county. 
That  by  reason  of  the  premises,  the  plaintiff  is  deprived  of  his  remedy 
for  obtaining  payment  of  his  judgment  and  costs  aforesaid,  and  has 
wholly  lost  the  same. 

SLANDER. 

See  Libel  and  Slander. 


1169  Sole  Traders.  Forms  JciTU,  3371 


SOLE  TRADERS. 

3370.  Notice  of  Intention  to  become  sole  trader, 

3371.  Petition  to  become  sole  trader. 

3372.  Decree  empowering  married  woman  to  become  sole  trader. 

3373.  Afladavit  required  of  sole  trader. 

3374.  Complaint  against  sole  trader. 

No.  3370.    Notice  of  Intention  to  Become  Sole  Trader. 
[Title  of  Court  and  Cause.] 

Notice  is  hereby  given  that  I,  ,  wife  of  ,  resident  of  the 

county  of ,  being  desirous  of  availing  myself  of  the  provisions  of 

of  the  Code  of  Civil  Procedure,  intend  to  make  application  to  the 

court  of  the  county  of  ,  state  of  ,  on  ,  the  day 

of ,  19 — ,  at  the  opening  of  the  court  on  that  day,  or  on  such  other 

day  to  which  the  hearing  may  be  postponed  by  the  court,  for  a  judg- 
ment and  order  of  said court  authorizing  me  to  carry  on  and  trans- 
act business  in  my  own  name  and  on  my  own  account  as  sole  trader. 
The  nature  of  the  business  I  propose  to  carry  on  and  conduct  is  that 
of  buying  and  selling  goods,  wares,  and  merchandise,  and  keeping  a 
general  variety  store  in  said  county  of  . 

Dated  this  day  of ,  19 — . 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1812. 

No.  3371.    Petition  to  Become  Sole  Trader. 

[Title  of  Court  and  Cause.] 

To  the  Honorable  the Court  of  the  County  of ,  State  of . 

1.  The  petition  of respectfully  represents  and  shows  to  this  hon- 
orable court  that  she  is  a  married  woman,  and  is  the  wife  of ,  and 

is  now,  and  for months  and  upward  next  preceding  the day  of 

,  19 — ,  has  been,  residing  v/ith  her  said  husband  in  said  county  of 

,  state  of . 

2.  That  your  petitioner  is  desirous  of  availing  herself  of  the  benefits 
of of  the  Code  of  Civil  Procedure  of  the  state  of. ,  and  obtain- 
ing a  judgment  and  order  of  this  court  authorizing  her  to  carry  on  and 
transact  business  in  her  own  name  and  on  her  own  account  in  the  county 
of  . 

3.  That  your  petitioner  makes  this  application  in  good  faith,  to  enable 

her  to  support  herself  and  others  dependent  upon  her,  viz.,  her  

children;  and  that  the  following  are  the  names  of  her  children  and  the 

persons  dependent  upon  her  for  their  support  and  maintenance:  , 

aged years;  ,  aged years  [etc.]. 

4.  The  reason  of  insufficient  support  from  her  said  husband  is  as  fol- 
lows:   . 


Form  Book — 74 


Furin  3372  Cowdery's  Form  Book.  1170 

5.  Tl)at  the  reason  a  divorce  is  not  sought  by  your  petitioner  from  her 

hushand  is  as  follows:  . 

6.  The  nature  of  the  Easiness  your  petitioner  proposes  to  conduct  and 

carry  on  is  that  of ,  and  the  place  of  such  business  is  in  the  county 

of ,  and  the  capital  to  be  invested  therein  by  your  petitioner  is 

dollars   ($ ),  and  the  source  from  which  the  same  is  derived  is  as 

follows :  . 

7.  That  of  the  moneys  to  be  used  in  said  business  not  more  than  five 
hundred  dollars  ($500)  has  come,  either  directly  or  indirectly,  from  the 
comniunity  property,  or  of  the  separate  property  of  her  husband,  and 
that  this  application  is  not  made  with  any  view  to  defraud,  delay,  or 
hinder  any  creditor  or  creditors  of  her  husband,  but  is  made  in  g^ood 
faith  for  the  purpose  of  enabling  her  to  support  herself  and  children 
as  aforesaid. 

Wlierefore,  your  petitioner  prays  that  on  the  hearing  of  this  petition 
and  application,  and  after  due  notice  given  and  published,  a  judgment 
and  order  be  made  by  this  honorable  court  authorizing  her  to  carry  on 
business  in  her  own  name  and  on  her  own  account  as  such  sole  trader. 

[Signature.] 

[To  be  verified.] 

NOTE.— See  Cal.  Code  CSt.  Proc,  sec.  1813. 

No.  3372.    Decree  Empowering  Married  Woman  to  Become  Sole  Trader. 

[Title  of  Court  and  Cause.] 

The  application  of ,  wife  of ,  coming  on  regularly  to  be  heard 

this  day  of  ,  19 — ,  and  proof  having  been  first  made  to  the 

satisfaction  of  the  said  court  that  notice  in  due  form  and  substance  of 
the  petitioner's  intention  to  make  this  application  was  duly  published 

in  the ,  a  newspaper  published  and  circulated  in  the  county  of , 

for  four  successive  weeks,  and  no  creditor  of  said  petitioner's  husband 
having  filed  any  written  opposition  to  her  application  or  appeared  to 
oppose  the  same; 

Tlie  court  proceeds  to  hear  the  allegations  of  said  applicant's  petition, 
duly  filed  and  verified;  and  said  applicant  appearing  in  person  in  open 
court,  and  having  been  duly  examined  by  said  court  under  oath,  as  re- 
quired by  law,  and  after  hearing  said  applicant's  proofs,  it  duly  appear- 
ing to  the  satisfaction  of  the  court  that  a  proper  case  exists  for  granting 
the  order;  that  the  said  applicant  was  a  bona  fide  resident  of  said  county 
for  six  months  and  upward  next  preceding  her  application  herein,  and 
that  said  applicant  has  made  and  filed  with  the  clerk  of  this  court  the 
-oath  required  by  law ;  the  court  now  here  finds  the  following  facts  from 
the  proofs,  and  in  accordance  therewith : 

1.  That  the  application  is  made  in  good  faith,  to  enable  said  applicant 

to  support  herself  and  her children,  dependent  upon  her,  viz. : , 

aged years; ,  aged years  [etc.]. 


1171  Sole  Traders.  Forms  3373, 3374 

2.  That  the  reason  of  insufficient  support  from  her  said  husband  is 
that  he  is  out  of  health  and  unable  to  work  at  his  trade  a  major  portion 
of  the  time. 

3.  That  applicant  has  no  legal  grounds  for  divorce. 

4.  That  the  money  to  be  invested  in  said  business  is  obtained  and 
loaned  from  a  friend  of  petitioner. 

Now,  therefore,  by  virtue  of  the  law  and  the  premises,  it  is  ordered, 
adjudged,  and  decreed  that  she,  the  said ,  be  and  is  hereby  author- 
ized and  empowered  to  carry  on,  in  her  own  name  and  on  her  own 
account,  as  a  sole  trader,  the  business  specified  in  said  notice  and  peti- 
tion, as  follows,  to  wit:  that  of  buying  and  selling  goods,  wares,  and 
merchandise,  and  keeping  a  general  variety  store  in  said  county  of . 

Done  in  open  court  this  day  of  ,  19—. 


-,  Judge. 


NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1817. 


No.  3373.    Affidavit  Required  of  Sole  Trader. 
[Title  of  Court  and  Cause.] 

I,  ,  do,  in  the  presence  of  Almighty  God,  solemnly  swear  that 

this  application  was  made  in  good  faith,  for  the  purpose  of  enabling 
me  to  support  myself,  and  not  with  any  view  to  defraud,  delay,  or  Jiin- 
der  any  creditor  or  creditors  of  my  husband;  and  that,  of  the  moneys 
so  to  be  used  by  me  in  business,  not  more  than  five  hundred  dollars 
($500)  has  come,  either  directly  or  indirectly,  from  my  husband.  So 
help  me  God. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1818;  Idaho,  Rev.  Codes  1907, 
sec.  5857;  Montana,  Eev.  Codes  1907,  sec.  7380. 

A  certified  copy  of  the  decree,  with  the  above  oath  indorsed  thereon,  must 
be  recorded  T\'ith  the  county  recorder  before  the  applicant  becomes  a  sole 
trader:   See  Cal.  Code  Civ.  Proc,  sec.   1818. 

No.  3374.     Complaint  Against  Sole  Trader. 
[Title  of  Court  and  Cause.] 
1.  That  the  defendant  is  the  wife  of  one  . 


2.  That  on  the day  of ,  191—,  by  a  decree  of  the court 

of  the  county  of ,  in  this  state,  the  defendant  was  decreed  a  sole 

trader;  and  at  the  time  of  making  the  note  hereinafter  mentioned,  the 
defendant  was,  and  still  is,  a  sole  trader,  cai-rying  on  business  as  a 
milliner,  at  . 

3.  That  on  the  day  of  ,  191 — ,  at  ,  the  plaintiff  sold 

and  delivered  to  the  defendant,  at  her  request,  goods  of  the  value  of 

dollars    ($ ),  which  were  used  by  the  defendant  in  her  said 

business  as  sole  trader. 


Cowdery's  Form  Book.  1172 

4.  That  in  consicleration  thereof,  the  defendant,  as  sole  trader,  made 
her  promissory  note,  of  v/liich  the  following  is  a  copy:  . 

5.  That  she  has  not  paid  the  same. 
Wherefore  [etc.]. 


[Signature.] 


SPECIFICATIONS. 

Specifications  for  a  Composition  of  Matter,  No.  2930, 
Specification  for  a  Design,  No.  2931. 
Specifications  for  a  Machine.  No.  2928. 
Specifications  for  a  Process,  No.  2929. 


STATUTE  OF  FRAUDS. 

statute  of  Frauds — Answer — No  Note  or  Memorandum,  etc..  No.  331. 

Statute  of  Frauds — Answer — Marriage,  No.  332. 

Statute  of  Frauds — Answer — No  Performance  Within  a  Year,  No.  333. 


STATUTE  OF  LIMITATIONS. 

Statute  of  Limitations — Answer — In  General,  No.  334. 
Statute  of  Limitations — Answer — Specific  Section,  No.  335. 


STIPULATIONS. 

3375.  Stipulation  as  to  facts. 

3376.  Stipulation  admitting  facts  and  that  allegations  In  complaint  are 

true. 

3377.  StiDulation  to  admit  testimony  given  in  another  case. 

3378.  Stipulation  to  admit  deed  as  prima  facie  title  to  land  and  specifying 

objections  that  may  be  raised  thereto, 

3379.  Stipulation  that  cause  he  submitted  on  a  single  issue. 

3380.  Stipulation  for  filing  of  amended  pleading  and  submission  of  cause. 

3381.  Stipulation  that  proceedings  be  stayed  until  decision  is  rendered  in 

another  cause,  and  providing  for  judgment. 

CROSS-REFERENCES. 

Stipulation  Admitting  Facts  and  That  Allegations  in  Complaint  are  True, 

No.  3376. 
Stipulation  as  to  Facts,  No.  3375. 
Stipulation  for  Filing  of  Amended  Pleading  and  Submission  of  Cause,  No. 

3380. 
Stipulation  Revoking  Submission,  No.  414. 

Stipulation  That  Cause  be  Submitted  on  a  Single  Issue,  No.  3379. 
Stipulation  to  Take  Deposition  of  Witness,  No.  1538. 
Stipulation  to  Take  Deposition  Without  Notice  or  Commission,  No.  1539. 
Stipulation  Transferring  Case,  No.  S66a. 


1173  Stipulations.  Forms  3375, 3376 

No.  3375.     Stipulation  as  to  Facts. 
[Title  of  Court  and  Cause.] 

It  is  stipulated  between  the  parties  hereto  as  follows:  Tliat ,  tlie 

plaintiff,  was,  on  the  day  of  ,  191--,  a  real  estate  asront ; 

that,   at  the  same  time,  ,  the   defendant,  owned   a   tract  of  land 

in township,  county  of ,  state  of ;  that  botli  plaintiff  and 

defendant  reside  in  said  township;   tliat  on  said  day  it  was  verbally 

agreed   between   plaintiff  and   defendant  that  if  plaintiff  within  

months  Avould  lind  a  purchaser  who  would  pay  — —  dollars  ($ )  for 

said  land,  that  defendant,  on  demand,  woidd  pay  plaintiff  the  sum  of 

dollars    ($ ) ;   that  on  the  day  of  ,  191—,  plaintiff 

found  a  piarchaser,  to  whom  defendant,  on  ,  191 — ,  gi-anted  said 

land  for  dollars   ($ ) ;  that  on  the  day  of  said  month  of 

■ plaintiff  demanded  of  defendant  dollars  ($ ),  which  de- 
fendant refused  to  pay,  and  never  has  paid.  It  is  further  stipulated 
that  this  controversy  shall  be  and  the  same  is  hereby  submitted  for 
judgment  without  further  testimony. 

Dated ,  191—. 

[Signatures.] 
[Affidavit.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1138. 

No.  3376.    Stipulation  Admitting  Facts  and  Tliat  Allegations  in  Com- 
plaint are  True. 
[Title  of  Court  and  Cause.] 

It  is  hereby  stipulated  that  this  action  was  commenced  in  May,  1883. 

That  John  Draghicevich,  the  plaintiff,  died  on  the  twentj^-second  day 
of  August,  1883,  while  he  and  defendant  were  still  copartners,  as  al- 
leged in  plaintiff's  complaint  heVein. 

That  no  receiver  was  or  ever  has  been  appointed  in  this  action. 

That  after  the  death  of  the  said  plaintiff,  the  defendant,  as  he  was 
advised  and  believed  it  to  be  his  dut}^,  took  as  surviving  partner  of  said 
copartnership  into  his  business  all  the  personal  property  of  said  part- 
nership belonging  thereto  at  the  date  of  the  death  of  said  decedent,  for 
the  purpose  of  winding  up  the  business  of  said  copartnership,  and  ever 
since  has  been  engaged  in  winding  up  the  affairs  of  said  copartnership. 

That  on  the  eighteenth  day  of  June,  1883,  the  plaintiff  and  defendant 
entered  into  the  submission  attached  to  the  defendant's  answer,  and 
marked  Exhibit  "A."  And  all  the  allegations  of  said  answer  in  refer- 
ence to  the  arbitration  in  pursuance  of  said  submission,  and  the  acts 
of  the  ijarties  thereunder  subsequent  to  said  arbitration  agi'eement,  and 
to  the  date  of  the  death  of  decedent,  are  true,  as  in  said  answer  alleged. 

It  is  further  stipulated  that  this  action  shall  be  submitted  for  deci- 
sion of  the  court  upon  the  foregoing  facts,  and  upon  the  further  stipu- 


Forms  3377, 3378         Cowdery's  Form  Book.  1174 

lation.that  all  the  allegations  contained  in  said  complaint  are  true,  and 
upon  the  answer  of  defendant  as  the  pleading  in  said  action. 
Dated,  San  Jose,  February  19,  1884. 

Wm.  L.  Gill, 
Plaintiff's  Attorney. 
Burt  &  Pfister, 
Attorneys  for  Defendant. 

NOTE.— Precedent  in  Dragliicevicli  v.  Vulicevieh,  76  Cal.  379,  18  Pac.  406. 

No.  3377.    Stipulation  to  Admit  Testimony  Given  in  Another  Case, 

[Title  of  Court  and  Cause.] 

Stipulated  that  the  testimony  of  D.  A.  Bangs,  as  given  and  taken 
down  by  the  phonograpliic  reporter  on  the  trial  of  the  case  of  Jolm 
Treadwell  against  said  defendants,  W.  F.  Whittier  et  al.,  when  writ- 
ten out  in  long-hand  and  certified  as  correct  by  said  reporter,  may  be 
read  and  used  in  the  trial,  or  in  any  proceedings  in  the  case  of  George 
J.  Smith  V.  W.  F.  Whittier  et  al.,  with  like  force  and  effect  as  if  said 
Bangs  was  on  the  stand  and  testifying  in  open  court,  subject  only  to 
such  objections  or  exceptions  as  might  be  made  if  said  Bangs  was 
testifying  in  open  court  in  said  last-named  cause,  and  also  subject  to 
the  right  of  defendants'  attorney  to  contradict  or  impeach  said  Ban^s 
on  any  matter  testified  to  by  him,  without  first  calling  his  attention 
thereto,  or  making  preliminary  proof  as  to  such  contradictory  matter. 
San  Francisco,  November  1,  1884. 

McAllister  &  Bergin, 

Attorneys  for  Defendants. 
Lloyd  &  Wood, 

Attorneys  for  Plaintiff. 
NOTE.— Precedent  in  Smith  v.  Whittier,  95  Cal.  279,  286,  30  Pac.  .529. 

No.  3378.     Stipulation  to  Admit  Deed  as  Prima  Facie  Title  to  Land  and 
Specifying  Objections  That  may  be  Raised  Thereto. 

[Title  of  Court  and  Cause.] 

It  is  hereby  stipulated  by  and  between  the  parties  to  the  above- 
entitled  action,  as  follows:  That  the  deed  of  William  Mitchell,  tax 
collector,  to  the  said  plaintiff,  of  the  land  in  dispute  in  said  action, 
offered  in  evidence  by  the  plaintiff,  is  prima  facie  proof  of  title  to  said 
land,  subject  to  attack  by  defendant  upon  the  grounds  only: 

1.  That  the  statute  under  which  Montgomery  Avenue  is  alleged  to 
liave  been  opened  gave  no  authority  to  the  board  of  public  works^  or  to 
the  county  court  of  said  city  and  county,  to  act  in  the  premises,  as  in 
said  act  provided. 

2.  That  the  board  of  public  works,  as  provided  for  in  said  act,  never 
acquired  jurisdiction  over  the  matters  alleged  to  have  been  determined 
by  them  under  the  alleged  authority  of  said  act. 


1175  Stipulations.  Forms  3379, 3380 

3.  That  the  alleged  report  of  said  board  to  said  county  court,  as  pro- 
vided for  in  said  act,  was  unauthorized  and  void. 

4.  That  said  county  court  had  no  jurisdiction  to  confirm  said  report, 
and  that  the  confirmation  thereof  was  unauthorized  and  void. 

5.  That  no  assessment  for  any  tax  on  the  property  in  said  act 
described  is  by  said  act  authorized. 

6.  That  by  said  act  no  pov.er  is  given  lo  any  tax  collector  to  sell  any 
premises  for  nonpayment  of  any  tax  nor  to  deliver  any  dec  1  under  such 
sale. 

All  other  defenses  and  objections  to  the  plaintiff's  title  are  hereby 
expressly  waived ;  in  consideration  of  which,  eacli  party  agrees  to  press 
said  case  to  as  speedy  adjudication  thereof  as  is  possible,  and  either 
party  may  read  in  evidence  on  the  trial  any  book,  petition,  exhibit  or 
evidence  used  or  taken  in  the  trial  of  Dutertre  v.  Ford,  case  No.  48<>0  in 
said  court,  subject  to  any  legal  exceptions  tliat  may  be  taken  thereto. 
Dated,  San  Jose,  February  19,  1884. 

Wm.  L.  Gill, 

Plaintiff's  Attorney. 
Burt  &  Pfister, 

Attorneys  for  Defendant. 

NOTE.— Precedent  in  Mulligan  v.  Smith,  59  Cal.  206,  220. 

No.  S379.    Stipulation  That  Cause  be  Submitted  on  a  Single  Issue. 
[Title  of  Court  and  Cause.] 

For  the  purpose  of  this  action  it  is  agreed:  That  on  the  fifth  day  of 
November,  1855,  Sanders  &  Brenliam  ovrned  and  possessed  one  equal 
undivided  half  of  Hundred  Vara  Lot  Number  Two  Hundred  and  Fifty- 
three.  That  plaintiff  claims  to  have  Sanders  &  Brenham's  title  to 
said  undivided  half  of  said  lot,  under  attachments  and  judgment  sales 
against  Sanders  &  Brenham,  and  not  otherwise,  and  said  defendants 
claim  to  have  Sanders  &  Brenham's  title  to  said  undivided  half  of  said 
lot,  under  attachments  and  judgment  sales  Sanders  &  Brenham,  and  not 
otherwise;  and  that  the  sole  issue  to  be  tried  herein  is,  which  party  to 
this  suit  has  succeeded  to  the  title  of  Sanders  &  Brenham. 
Dated,  San  Jose,  February  19,  1884. 

Wm.  L.  Gill, 

Plaintiff's  Attorney. 
Burt  &  Pfister, 

Attorneys  for  Defendant. 

NOTE.— Precedent  in  Bagley  t.  Ward,  .^7  Cal.  121,  123,  99  Am.  Dec.  256. 

No.  3380.     Stipulation  for  Filing  of  Amended  Pleading  and  Submission 

of  Cause. 
[Title  of  Court  and  Cause.] 

It  is  mutually  stipulated  and  agreed  by  and  between  the  parties  to 
this  cause,  their  counsel  and  attorneys  respectively,  as  follows: 


Form  33S1  Cowdery's  Foem  Book.  1176 

First.  That  defendants,  James  Johnston,  Jr.,  John  F.  Johnston  and 
Francis  T.  Johnston  (the  two  last  by  their  guardian),  shall  file  as  of 
this  date  their  amended  answer  and  cross-complaint  in  this  cause. 
That  the  verification  of  said  ansv/er  and  cross-complaint  is  %vaived. 

Second.  That  the  defense  of  the  statute  of  limitations  in  said  an- 
swer be  deemed  denied,  and  that  the  answer  of  the  plaintiff  to  the 
original  cross-complaint  be  and  is  hereby  taken  as  the  answer  of  the 
plaintiff  to  the  amended  complaint. 

Third.  That  the  answer  of  Parker  Nicholson  to  the  original  cross- 
complaint  of  James  Jolmston,  Jr.,  John  F.  Johnston  and  Francis  T. 
Johnston,  be  taken  as  his  answer  to  the  amended  cross-complaint,  this 
day  filed. 

Fourth.  That  this  case  be  submitted  to  the  court  for  trial  and  deci- 
sion on  the  testimony  heretofore  taken,  on  Wednesday  next,  either 
party  to  offer  such  additional  testimony  as  they  may  be  advised. 

Dated  this  twenty-eighth  day  of  May,  1877. 

Campbell,  Fox  &  Campbell, 
H.  C.  Campbell, 

Attorney  for  Plaintiff. 
C.  N.  Fox, 
Attorney  for  Defendant  Parker  Nicholson. 
Sol.  A.  Sharp, 
W.  H.  Tompkins, 
Attorneys  for  James  Johnston,  James  Johnston,  Jr.,  John  F.  Johnston 
and  Francis  T.  Johnston  (by  Guardian). 

NOTE. — Precedent  in  Johnston  v.  San  Francisco  Sav.  Union,  63  Cal.  554. 

No.  3381.    Stipulation  That  Proceedings  be  Stayed  Until  Decision  is 
Rendered  in  Another  Cause,  and  Providing  for  Judgment. 

[Title  of  Court  and  Cause.] 

This  cause  beino:  called  regularly  for  trial,  the  parties  appearing  by 
their  respective  attorneys,  and  both  parties  consenting  in  open  court 
that  the  issues  in  this  cause  are  identical  with  those  of  the  other  action 
pending  in  this  court,  No.  4799,  entitled  Lucy  Gillmore  v.  The  Lycoming 
Fire  Insurance  Company  of  Muncy,  Pa. : 

It  is  stipulated  and  agreed  that  all  proceedings  herein  shall  be  stayed 
until  final  judgment  and  decision  in  said  action  wherein  The  Lycoming 
Fire  Insurance  Company  of  Muney,  Pa.,  is  defendant,  and  in  case  of  an 
appeal  in  said  last-mentioned  action,  then  said  proceedings  are  stayed 
until  the  final  determination  of  such  appeal,  and  upon  such  final  deter- 
mination, judgment  and  decision  in  said  action  wherein  said  Tlie  Lycom- 
ing, etc.,  is  defendant,  either  party,  without  notice,  shall  and  may  cause 
to  be  entered  a  judgment  in  this  action  corresponding  to  and  like  the 
said  final  judgment,  and  of  the  same  date  in  said  other  action;  and  if 
such  judgment  shall  be  for  the  plaintiff,  the  amount  for  which  the  same 


1177  Stockholder's  Liability.  Form  3400 

shall  be  entered  shall  be  six  hundred  and  fifty  dollars  and  costs;  and  if 
for  the  defendant,  then  for  its  costs  allo\vcd  by  law. 

An  order  pursuant  to  this  stipulation  shall  be  entered  in  the  minutes 
of  this  court,  twelfth  of  May,  1897. 

[Signatures.] 

NOTE. — Precedent  in   Gillmore  v.  American  Cent.  Ins.   Co.,   t>5   Cal.  63, 
2  Pac.  8&2. 


STOCKHOLDER'S  LIABILITY. 

3400.     Complaint  by  creditor  against  stockliolder  on  stockholder's  HaMUty. 

No.  3400.    Complaint  by  Creditor  Against  Stockholder  on  Stockholder's 

Liability. 
[Title  of  Court  and  Cause.] 
Tlie  plaintiff  complains,  and  alleges: 

1.  That  at  all  the  times  herein  mentioned  the  company  was  and 

still  is  a  corporation  created  under  the  laws  of  this  state,  and  having  a 

capital  stock  of dollars,  divided  into  shares  of  the  par  value 

of dollars  each. 

2.  That  on  the  day  of the  said  corporation  made,  executed 

and  delivered  to  plaintiff  its  promissory  note  in  the  words  and  figures 
following,  to  wit  [here  set  out  copy  of  note],  and  that  plaintiff  is  now 
the  owner  and  holder  thereof. 

3.  That  on  the  date  last  mentioned  there  were  issued  and  outstanding 

■ shares  of  the  capital  stock  of  said  corporation,  and  that  defendant 

was  on  said  date  the  owner  of thereof. 

4.  That  no  part  of  the  principal  or  interest  on  said  note  has  ever  been 
paid  and  the  whole  thereof  is  now  due,  owing  and  unpaid. 

Wherefore  plaintiff  prays  judgment  [etc.]. 

[Signature.] 


SUBCONTRACTOR'S  LIEN. 

See  Lien. 

SUBIVLISSION  OF  CONTROVERSY. 

SubmiBsion  of  Controversy  Without  Action,  No.  302. 


Cowdery's  Form  Book.  1178 


SUBPOENA. 

8430.  Subpoena  to  appear  before  court  of  record  In  civil  proceeding. 

3431.  Subpoena — CivH  action — Justice's  court. 

3432.  Subpoena  to  appear  before  court  of  record  in  criminal  action. 

3433.  Subpoena  to  appear   before    court   of   record   in   criminal   action — 

Oregon. 

3434.  Subpoena — Criminal  action — Justice's  court. 

3435.  Subpoena  for  nonresident  witness. 

3436.  Affidavit  for  order  for  nonresideiit  witness  to  attend, 

3437.  Order  for  nonresident  witness  to  attend. 

3438.  Subpoena  to  appear  before  grand  jury. 

3439.  Subpoena  to  appear  before  grand  jury — Oregon. 

3441.  Subpoena  of  justice  cf  the  peace — Colorado. 

3442.  Subpoena  of  justice  cf  the  peace— Oregon, 

3443.  Subpoena — Justice  of  the  peace — Washington. 

3445.  Subpoena  to  appear  before  magistrate — Oregon. 

3446.  Subpoena  to  appear  before  notary  public. 

3447.  Affidavit  of  service  of  subpoena  in  civil  proceeding. 

3448.  Affidavit  of  service  of  subpoena  in  criminal  action. 

3449.  Certificate  of  service  of  subpoena  in  civil  proceeding. 

3450.  Certificate  of  service  of  subpoena  in  criminal  action. 

3451.  Complaint  against  witness  for  disobeying  subpoena. 

3452.  Application  for  subpoena  to  compel  a  subscribing  witness  to  attend 

before  an  officer  to  prove  the  execution  of  a  conveyance. 

CROSS-REFERENCES. 

Subpoena  on  Arbitration,  No.  398. 
Subpoena  to  Alleged  Bankrufit,  No.  635. 

INTRODUCTORY  NOTE. 

In  California,  a  subpoena  may  be  signed  and  issued  by:  1.  A 
magistrate  before  whom  a  complaint  is  laid  for  a  witness  in  the 
state,  either  on  behalf  of  the  people  or  of  the  defendant;  2.  The 
district  attorney  for  witnesses  in  the  state  in  support  of  the  prosecu- 
tion, or  for  such  other  witnesses  as  the  grand  jury,  upon  an  in- 
vestigation, pending  before  them,  may  direct;  3.  The  district  at- 
torney for  witnesses  in  the  state,  in  support  of  an  indictment  or 
information,  to  appear  before  the  court  in  which  it  is  to  be  tried ; 
4.  The  clerk  of  the  court  in  which  an  indictment  or  information 
is  to  be  tried;  and  he  must,  at  any  time,  upon  application  of  the 
defendant,  and  without  charge,  issue  as  many  blank  subpoenas, 
subscribed  by  him  as  clerk,  for  witnesses  in  the  state,  as  the  de- 
fendant may  require. 

If  books,  papers,  or  documents  are  required,  a  direction  to  the 
following  effect  must  be  contained  in  the  subpoena:  "And  you  are 
required  also,  to  bring  with  you  the  following."  [Describing  in- 
telligently the  books,  papers,  or  documents  required.] 

No  person  is  obliged  to  attend  under  subpoena  out  of  the  county 
of  his  residence  unless  upon  affidavit  of  the  district  attorney,  or 


1179  Subpoena.  Form  3430 

prosecutor,  or  of  the  defendant,  or  his  counsel,  stating  that  he  be- 
lieves the  evidence  material,  and  his  attendance  and  examination 
necessary.  A  justice  of  the  supreme  court  or  a  judge  of  a  superior 
court  indorses  on  the  subpoena  an  order  for  the  attendance  of  the 
witness:  Pen.  Code,  sees.  132G-1330.  It  may  be  served  b}-  any 
person.  Service  is  made  by  showing  the  original  to  the  witness 
personally  and  informing  him  of  its  contents:  Id.,  sec.  1238.  If 
the  witness  attends  from  out  of  the  county  upon  the  order  of  tlie 
court,  or  if  he  is  poor,  the  court  may  order  his  expenses  paid:  Id., 
sec.  1329. 

If  served  by  a  sheriff  or  other  peace  officer,  he  must  make  a  writ- 
ten return  of  service :  Id.,  sec.  1328. 

NOTE. — See  Alaska,  Comp.  Laws  1913,  sees.  1456,  2361  et  scq.;  Arizona, 
Eev.  Stats.  (Civ.  Code  1913),  sees.  16S2-1684;  California,  Code  Civ.  Proc., 
sec.  1985  et  seq.;  Pen.  Code,  see.  1326  et  seq.;  Colorado,  Mill's  Ann.  Stats. 
1912,  sees.  1873,  8079;  Hawaii,  Rev.  Code  1915,  sec.  2552  et  seq.;  Idalio, 
Eev.  Codes  1907,  sees.  6035,  8149;  Kansas,  Gen.  Stats.  1915,  sees.  7224, 
8080;  Montana,  Rev.  Codes  1907,  kcc.  9487;  Nebraska,  Rev.  Codes  1913,  sec. 
7915  ct  seq.;  Nevada,  Rev.  Laws  1912,  sec.  5432  et  seq.;  New  Mexico,  Stats 
Ann.  1915,  sees.  5895,  5896;  North  Dakota,  Comp.  Laws  1913,  sees.  7873, 
11,028;  Oklahoma,  Harris  &  Day's  Code  1910,  sees.  5052,  6014;  Oregon,  Lord's 
Oregon  Laws,  see.  812  et  seq.;  South  Dakota,  Comp.  Laws  1913,  sees.  5261, 
7526  et  seq.;  Utah,  Comp.  Laws  1907,  sees.  3417,  5017  et  seq.;  Washington, 
Rem.  Code,  sec.  1216  et  seq.;  Wyoming,  Comp.  Stats.  1910,  sec.  5923. 

No.  3430.    Subpoena  to  Appear  Before  Court  of  Record  in  Civil  Pro- 
ceeding. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of to  ,  Greeting. 

We  command  you  that,  all  business  and  excuses  being  laid  aside,  you 

appear  and  attend  before  the  superior  court  of  the  state  of ,  in  and 

for  the  county  of ,  at  the  courtroom  of  said  court,  at  the  courthouse 

in  said  county,  on  the  day  of  ,  19 — ,  at o'clock  A.  M.  of 

said  day,  then  and  there  to  testify  as  a  witness  in  the  above-entitled 
action  on  the  part  of  the  plaintiff  [or,  defendant.  In  case  books,  papers, 
etc.,  are  required,  add  the  sentence:  "and  that  you  bring  with  you  the 

following  "   (intelligibly  describing  the  books,  documents,  or  other 

things  under  the  control  of  the  witness,  and  which  he  is  required  to 
bring)]  ;  and  for  a  faihire  to  attend  you  will  be  deemed  guilty  of  a  con- 
tempt of  court,  and  liable  to  pay  all  losses  and  damages  sustained 
thereby  to  the  parties  aggrieved,  and  forfeit  one  hundred  dollars  ($100) 
in  addition  thereto. 

Witness  the  Honorable  ,  judge  of  the  said  ~-  court,  at  , 

in  the  county  of  ,  state  of  ,  and  the  seal  of  said  court,  this 

day  of ,  19—. 


Forms  3431, 3432        Cowdery's  Form  Book.  1180 

Attest  my  hand  and  the  seal  of  said  court  the  day  and  year  last  above 
written. 

[Seal]  ,  Clerk. 

By  ,  Deiuity  Clerk. 

[Indorsement  of  service.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1985,  1991,  1992. 

No.  3431.    Subpoena — Civil  Action — Justice's  Court. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California  Send  Greeting  to  H.  H.  B.  and 
W.  H.  K.: 

We  command  you  that  you  appear  and  attend  before  the  undersigned, 
one  of  the  justices  of  the  peace  of  said  township,  in  said  Sacramento 
county,  at  his  office,  southeast  corner  of  Sixth  and  A  Streets,  Sacra- 
mento, on  the  seventeenth  day  of  May,  1917,  at  one  o'clock  P.  M.,  then 
and  there  to  testify  in  the  above-entitled  action,  now  pending  before 
said  justice  on  the  part  of  the  defendant;  and  for  a  failure  to  attend, 
you  will  be  deemed  guilty  of  a  contempt  of  court,  and  liable  to  pay  all 
losses  and  damages  sustained  thereby  by  the  parties  aggi-ieved,  and  for- 
feit one  hundred  dollars  in  addition  thereto. 

Dated . 

[Signature.] 

No.  3432.    Subpoena  to  Appear  Before  Court  of  Record  in  Criminal 

Action. 
[Title  of  Court  and  Cause.] 
The  People  of  the  State  of to . 

You  are  commanded  to  appear  before  the  superior  court  of  the  state 

of ,  in  and  for  the  county  of ,  state  of ,  at  the  courtroom 

of  said  court,  at  the  courthouse  in  said  county,  at ,  on  the day 

of ,  19 — ,  at o'clock  A.  M.  of  said  day,  as  a  witness  in  a  crim- 
inal action  prosecuted  by  the  people  of  the  state  of against . 

By  order  of  the  court. 

Given  under  my  hand  this day  of  ,  19 — . 

[Seal]  ,  Clerk. 

By  ,  Deputy  Clerk. 

[Indorsement  of  service.] 

NOTE.— California,  Pen.  Code,  sec.  1327;  Idaho,  Rev.  Codes  1907,  sec. 
8149;  Montana,  Rev.  Codes  1907,  sec.  9487;  Utah,  Comp.  Laws  1907,  sec.  5018. 
These  forms  are  substantially  alike,  except  that  the  style  of  process   outside 

of  California  and  Colorado  is  "The  State  of  "  instead  of  "The  People 

of  the  State/'  etc 


nsl  Subpoena.  Forms  3433-;J  135 

No.  3433.    Subpoena  to  Appear  Before  Court  of  Record  in  Criminal 
Action — Oregon. 

In  the  Name  of  the  State  of  . 

To  . 

You  are  hereby  commanded  to  appear  before  the  court  for  tlie 

county  of ,  at ,  on ,  as  a  witness  in  a  criminal  action  prose- 
cuted by  the  state  of  a-^ainst  ,  on  bchalP  of  the  defendant. 

Witness  my  name  and  the  seal  of  said  coiu't,  affixed  at ,  tlie 

day  of  ,  19 — . 

[L.  S.]  ,  Clerk. 

NOTE.— See  Lord's  Oregon  Laws,  sec.  1689. 

No.  3434.     Subpoena — Criminal  Action — Justice's  Court. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  S.  H.  and  A.  J.: 

You  are  commanded  to  appear  before  W.  A.  H.,  a  justice  of  the  peace 

of  Hot  Springs  township,  in  the  county  of  Napa,  at  the  office  of  said 

justice,  in  said  township,  on  the  third  day  of  June,  1917,  at  ten  o'clock 

A.  M.,  as  a  witness  in  a  criminal  action,  prosecuted  by  the  people  of 

the  state  of  California,  against  J.  S.,  on  the  part  of  the  people.     [If 

documents  are  wanted  as  evidence,  add,  and  you  are  required,  also,  to 

bring  with  you  the  following — describing  intelligibly  the  books,  papers, 

or  documents  required.] 

Dated  .  .„.       ,        ^ 

[Signature.] 

[Indorsement  of  Service:] 

I  hereby  certify  that  I  have  served  the  within  subpoena  by  sliowing 

the  within  original  to  the  within  named  S.  H.  and  A.  J.  i)ersonally,  and 

informing  each  one  of  them  of  the  contents  thereof,  on  or  prior  to  the 

third  day  of  June,  1917,  at  the  county  of  Napa. 

[Signature.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  1326. 

No.  3435.     Subpoena  for  Nonresident  Witness. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  ,  to  . 

You  are  commanded  to  appear  before  the  superior  court  of  the  county 

of ,  state  of ,  at  the  courtroom  of  said  court,  at  the  courtliouse 

in  the  said  county  of ,  on  the day  of ,  19 — ,  at o'clock 

A.  M.,  as  a  witness  in  a  criminal  action  prosecuted  by  the  people  of  the 
state  of against ,  on  the  part  of  the  people  of  the  state  afore- 
said. 

Given  under  my  hand  this  day  of  ,  19 — . 

,  District  Attorney. 

[Indorsement  of  service.] 

\OTE.— See  Cal.  Pen.  Code,  sec.  1330. 


Forms  3436-3438         Cowdery's  Form  Book.  1182 

170.  3436.    AfOiclavit  for  Order  for  Nonresident  Witness  to  Attend. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  district  attorney  of  said  county,  being  duly  sworn,  says  that 

,  resident  of  the  county  of  ;  state  of  ,  is  a  necessary  and 

material  witness  for  the  people  in  the  action  of  the  people  of  the  state 

of  against  ,  and  he  verily  believes  that  the  evidence  of  the 

said is  material,  and  that  his  attendance  at  the  trial  of  said  action 

is  necessary;  wherefore  he  prays  for  an  order  for  the  attendance  of 
said  witness. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Seal]  [Official  signature.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  1330. 

No.  3437.    Order  for  Nonresident  Witness  to  Attend. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of ,  ss. 

Upon  reading  the  foregoing  affidavit,  it  is  ordered  by  ibe  Honorable 

■ ,  judge  of  the  superior  court  of  said  county,  that  do  attend 

as  witness  before  the  honorable  the  superior  court,  at  the  courthouse 
of  said  county,  as  commanded  by  the  foregoing  subpoena. 

Done  at  the  courtroom  of  said  court,  in  the  county  of ,  this 

day  of ,  19 — . 

,  Judge. 

[Indorsement.] 

NOTE. — When  a  witness  who  lives  out  of  the  county  is  to  be  summoned, 
an  affidavit  of  the  materiality  of  the  evidence  of  the  witness  is  necessary, 
and  the  "judge  of  the  court  in  which  the  offense  is  triable,  or  a  justice  of 
the  supreme  court,  or  a  judge  of  a  superior  court"  must,  in  California,  in- 
dorse on  the  subpoena  an  order  for  his  attendance:  See  Cal.  Pen.  Code, 
sec.  1330. 

No.  3438.    Subpoena  to  Appear  Before  Grand  Jury. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of to  ,  ,  and 


You  are  commanded  to  appear  before  the  grand  jury  of  the  county 

of ,  state  of ,  at  the  grand  jury  room,  in  the  city  of  ,  at 

the  courthouse  in  said  count}'^,  on  the  day  of  ,  19 — ,  at  

o'clock  A.  M.,  as  witnesses  in  a  criminal  action  prosecuted  by  the  people 
of  the  state  of against  . 

Given  under  my  hand  this  day  of  ,  19 — . 

,  District   Attorney. 


1183  Subpoena,  Forms  3439-3142 

No.  3±39.    Subpoena  to  Appear  Before  Grand  Jury — Oregon. 

In  the  Name  of  the  State  of  . 

To  . 

You  are  hereby  commanded  to  appear  before  the  grand  jury  of  the 

county  of  ,  at  ,  on  — — ,  as  a  witness  before  said  grand  jury. 

Dated  the day  of ,  19—. 

,  District  Attorney. 

NOTE.— See  Lord's  Oregon  Laws,  sec.  1689. 

No.  3441.    Subpoena  of  Justice  of  tbe  Peace — Colorado. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  83. 

The  Peoi^le  of  the  State  of to . 

You  are  hereby  required  to  appear  before  me,  at  my  office,  on  the 

day  of  ,  19 — ,  at  o'clock  A.  M.,  then  and  there  to  testify  the 

truth  in  a  matter  in  suit,  wherein is  plaintiff  and  is  defend- 
ant; and  this  you  are  not  to  omit  under  the  penalty  of  the  law. 

Given  under  my  hand  and  seal  this day  of ,  19 — . 

,  J.  P.     [L.  S.] 

NOTE.— See  Colorado,  Mill's  Ann.  Stats,   1912,  sec.  4308. 

No.  3442.    Subpoena  of  Justice  of  the  Peace — Oregon. 

State  of  ,  County  of  . 

Civil  action  to  recover  money. 
[Title  of  Court  and  Cause.] 

To  . 

In  the  name  of  the  state  of ,  you  are  hereby  required  to  appear 

before  the  undersigned,  a  justice  of  the  peace  for  the  precinct  aforesaid, 

at  the  office  of  such  justice  in  such  precinct,  on  the  day  of  , 

19 — ,  at o'clock  in  the  forenoon  of  said  day,  to  testify  as  a  witness 

on  behalf  of  the  plaintiff  in  the  above-entitled  action. 

Given  under  my  hand  this  day  of  ,  19 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Lord's  Oregon  Laws,  p.  1046 

If  books,  papers,  or  other  thiii,<;3  under  the  control  of  the  witness  are 
also  desired,  there  should  be  added  to  the  above  the  followirrr  direction: 
"and  you  are  further  required  to  bring  with  you  the  following-named  books, 
papers,  or  other  things,  namely"  (describing  them  with  reasonable  particu- 
larity). 


Forms  3443-3446         Cowdery's  Form  Book.  1184 

No,  3443.    Subpoena— Justice  of  tlie  Peace— WasMngton. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

To  . 

In  the  name  of  the  state  of ,  you  are  hereby  required  to  appear 

before  the  undersigned,  one  of  the  justifies  of  the  peace  in  and  for  said 

county,  on  the  day  of ,  19—,  at  o'clock  in  the  forenoon 

at  his  office  in  ,  to  give  evidence  in  a  certain  cause,  then  and  there 

to  be  tried,  between  ,  plaintiff,  and ,  defendant,  on  the  part  of 

plaintiff. 

Given  under  my  hand  this day  of ,  19 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Wash.  Eem.  Code,  sec.  1890. 

No.  3445.    Subpoena  to  Appear  Before  Magistrate— Oregon. 

In  the  Name  of  the  State  of . 

To . 

You  are  hereby  commanded  to  appear  before  ,  at  ,  on  , 

as  a  witness  on  the  examination  of  a  criminal  charge  against  ,  on 

behalf  of  the  state. 

Dated  the day  of ,  19—. 

[Official  signature.] 

NOTE. — See  Lord's  Oregon  Laws,  sec.  1689. 

No.  3446.    Subpoena  to  Appear  Before  Notary  Public. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  Send  Greeting  to  . 

We  command  you  that,  all  business  and  excuses  being  set  aside,  you 

appear  and  attend  before  me,  the  undersigned,  ,  a  notary  public  in 

and  for  the  county  of  ,  state  of ,  at  my  office  in  ,  in  said 

county,  on  the  day  of  .  19—,  at  o'clock  A.  M.,  then  and 

there  to  testify  in  the  above-entitled  cause  now  pending  in  said  superior 
court,  on  the  part  of  plaintiff  and  for  failure  to  attend  you  will  be 
deemed  guilty  of  contempt  of  court,  and  liable  to  pay  all  losses  and  dam- 
ages sustained  thereby  to  the  parties  aggrieved,  and  forfeit  one  hundred 
dollars  ($100)  in  addition  thereto  [if  books  or  papers  are  also  wanted, 

add:  "and  that  you  then  and  there  produce  the  following "  (naming 

and  describing  the  books,  papers,  documents,  or  other  things  wanted)]. 

Dated  the day  of ,  19 — . 

Attest  my  hand  and  the  seal  of  my  office,  the  day  and  year  last  above 
written. 

[Seal]  [Official  signature  of  clerk.] 

NOTE.— See  Cal.  Code  Civ.  Proc.  see.  19S6,  and  Cal.  Civ.  Code,  sec.  1201. 


1185  Subpoena.  Forms  3447-3  14'J 

No.  3447.    Affidavit  of  Service  of  Subpoena  in  Civil  Proceeding. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

.  of  said  county,  being  duly  sworn,  says  that  he  served  the  within 

subpoena,  by  showing  the  said  within  original  to  each  of  the  following 
persons  named  therein,  and  delivering  a  true  copy  thereof  to  each  of  the 

said  persons,  personally,  on  the day  of  — — ,  19 — ,  at  the  county  of 

,  to  wit,  ,  who  did  not  demand  fees,  and  ,  who  demanded 

and  received  his  fees, dollars  ($ ). 

[Signature.] 

Subscribed  and  svsorn  to  [etc.]. 

[Official  signature.] 
[Indorsement.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  1987,  2009. 

The  subpoena  may  be  served  by  delivering  a  ticket  containing  its  sub- 
stance, as  well  as  by  delivering  a  copy:  See  Cal.  Code  Civ.  Proc,  sec.  1987, 
If  the  subpoena  is  served  by  a  private  person,  his  affidavit  of  service  is  )ft- 
dorsed  thereon. 

No.  3448.    Affidavit  of  Service  of  Subpoena  in  Criminal  Action. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of  ,  ss. 

,  of  said  county,  being  duly  sworn,  says  that  he  served  the  within 

subpoena,  by  showing  the  said  v^dthin  original  to  each  of  the  following 
persons  named  therein,  and  informing  each  of  said  persons  of  the  con- 
tents thereof,  personally,  on  the day  of ,  19—,  at  said  county 

and  state,  to  wit:  ,  ,  and  . 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

[Indorsement.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  2009,  and  Cal.  Pen.  Code,  sec.  1323. 

No.  3449.    Certificate  of  Service  of  Subpoena  in  Civil  Proceeding. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

I  hereby  certify  that  I  served  the  within  subpoena  by  showing  the 
said  within  original  to  each  of  the  following  persons  named  therein, 
and  delivering  a  true  copy  thereof  to  each  of  the  said  persons,  person- 
ally, on  the day  of ,  191—,  at  the  county  of ,  to  wit : , 

Form  Book — 75 


Forms  3450, 3451         Cowdery's  Form  Book.  1186 

who  did  not  demand  fees,  and  ,  who  demanded  and  received  his 

fees, dollars  ($ ). 

Dated ,  191—. 

,  Sheriff. 

By ,  Deputy  Sheriff. 


Fees,  $ .     Service,  $ .    Mileage,  $- 

[Indorsement.] 

NOTE.— See  Cal.  Code  CIt.  Proc,  sec.  1987. 

No.  3450.    Certificate  of  Service  of  Subpoena  in  Oriminal  Action. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

I  hereby  certify  that  I  served  the  within  subpoena  on  the  day 

of  ,  191 — ,  on  ,  ,  and  ,  being  the  witnesses  named  in 

said  subpoena,  at  the  county  of ,  by  showing  the  original  to  each  of 

said  witnesses,  personally,  and  informing  each  of  them  of  the  contents 
thereof. 

Dated ,  191—. 

[Signature.] 

[Indorsement.] 

NOTE.— See  Cal.  Pen.  Code,  sec.  1328. 

No.  3451.    Complaint  Against  Witness  for  Disobeying  Subpoena. 

[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  on  the  third  day  of  February,  1917,  at  P.,  the  plaintiff  caused 
the  defendant  to  be  duly  served  with  a  subpoena  commanding  him  to 
attend  as  a  witness  in  the  superior  court,  in  and  for  the  county  of  Kern, 
in  this  state,  on  the  fifth  day  of  February,  1917,  there  to  give  testimony 
on  behalf  of  the  plaintiff  in  an  action  in  said  court  pending,  wherein 
this  plaintiff  was  the  plaintiff,  and  one  C.  D.  was  defendant  [or,  other- 
wise designate  the  proceedings]. 

2.  That  at  the  same  time  the  plaintiff  caused  $2,  the  lawful  fees  of 
the  said  witness,  to  be  paid  [or,  tendered]  to  him. 

3.  That  defendant  failed  to  attend  as  commanded,  whereby  the  de- 
fendant became  indebted  to  the  plaintiff  in  the  amount  of  $500,  accord- 
ing to  the  provisions  of  the  statute  [describe  the  statute]. 

4.  That  by  reason  of  the  premises,  the  defendant  forfeited  to  the 
plaintiff  the  sum  of  $350. 

[If  special  damages  are  claimed,  add:]  5.  And  for  a  second  cause  of 
action  the  plaintiff  alleges  that  because  of  the  said  failure  of  the  said 
defendant  to  attend  said  trial  as  such  witness  as  aforesaid,  the  plain- 
tiff, when  said  action  was  called  for  trial,  was  compelled,  for  want  of 


1187      Subpoena — Substitution  of  Attorney.    Forms  3452,  3480 

the  testimony  of  said  defendant,  without  whose  testimony  he  could  not 
safely  proceed  to  the  trial  of  said  action,  to  move  the  said  court  to 
continue  the  said  action;  and  said  court  did  continue  the  same,  and 
the  plaintiff  was  compelled  to  pay  on  said  continuance,  as  costs,  $500, 
which  sum  he  was  compelled  to  pay  by  reason  of  the  said  failure  of 
said  defendant  to  attend  as  such  witness  aforesaid,  to  the  damage  of 
plaintiff  in  the  sum  of  $500. 
Wherefore  [etc.]. 

[Signature.] 

No.  3452.    Application  for  Subpoena  to  Compel  a  Subscribing  Witness 
to  Attend  Before  an  Ofacer  to  Prove  the  Execution  of  a 
Conveyance. 
To  J.  M.,  Esq.,  Notary  Public    [or  Other  Officer  Authorized  to   Take 
Acknowledgments]  of  the  City  and  County  of  San  Francisco : 
I,  E.  F.,  do  hereby  make  application  to  you  to  issue  a  subpoena,  re- 
quiring A.  B.  to  appear  and  testify  before  you,  touching  the  execution 
of  a  certain  conveyance  of  real  estate,  made  and  executed  by  C.  D.,  to 
me,  the  said  E.  F.  [or  if  the  application  is  made  by  the  heir  or  personal 
representative  of  the  grantee,  name  such  grantee],  and  to  which  the  said 
A.  B.  is  a  subscribing  witness;   the  said  A.  B.   having  refused,   upon 
my  request,  to  appear  and  testify  touching  the  execution  of  the  said 
conveyance ;  and  the  same  not  having  been  proved  or  acknowledged,  can- 
not be  so  proved  or  acknowledged  without  the  evidence  of  the  said  A.  B. 
Dated  the  second  day  of  May,  1905. 

[Signature.] 

Subscribed  and  sworn  to  before  me  this  second  day  of  ^May.  1905. 

J.  M.,  Notary  Public. 
NOTE.— California,  Civ.  Code,  sec.  1201. 

SUBSCRIPTION. 

Subscription  Agreement  of  Corporation  to  be  Formed — Several  Counter- 
parts, No.  1311. 

Subscription  for  the  Accomplishment  of  an  Object  of  Interest  to  All, 
No.  1177. 

Subscription  to  Take  Stock  in  Corporation  to  be  Formed.  No.  1312. 

SUBSTITUTION  OF  ATTORNEY. 

3480.  Substitution  of  attorney. 

3481.  Notice  of  acceptance  of  substitution 

No.  3480.    Substitution  of  Attorney. 
[Title  of  Court  and  Cause.] 

I  hereby  substitute  and  attorneys  for  the  plaintiff  in  the 

above-entitled  action  in  my  place  and  stead. 

[Place  and  date.] 

,  Attorney  for  Plaintiff. 

NOTE. — See  Cal.  Code  Civ.  Proc,  sees.  284,  285. 


Forms  3481-3501         Cowdery's  Form  Book.  1188 

No.  3481.    Notice  of  Acceptance  of  Substitution. 
[Title  of  Court  and  Cause,] 
To  . 

You  will  please  take  notice  hereby  that  we  accept  the  substitution 
of  ourselves  attorneys  for  the  plaintiff  in  the  above-entitled  action  in 
your  place  and  stead. 

[Signatures.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  284,  285. 


SUBSTITUTION  OF  PARTIES. 

3500.  Affidavit  for  substitution  of  party. 

3501.  Notice  to  plaintiff  of  application  for  substitution  of  party  defend- 

ant— Justice's  court. 

3502.  Conditional  order  of  substitution  of  party — Justice's  court. 

3503.  Order  of  substitution — Justice's  court. 

3504.  Notice  of  substitution  of  parties  plaintiff. 

No.  3500.    Af&davit  for  Substitution  of  Party, 
[Title  of  Court  and  Cause.] 

State  of , 

County  .')f ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  defendant  in  the  above- 
entitled  action,  and  has  been  served  with  summons  therein,  but  has  not 
answered;   that   said   action   is  prosecuted  against  him  to   recover  the 

sum  of  dollars   ($ )   upon  a  certain  contract;  that  ,  not 

a  party  to  said  action,  makes  a  demand  against  affiant  upon  such  con- 
tract, and  without  any  collusion  with  affiant,  but  in  good  faith;  that 
he  has,  since  said  action  was  commenced,  made  such  demand  of  de- 
fendant; and  that  affiant  has  no  interest  in  such  contract. 

Wherefore  affiant  applies  to  this  court  for  an  order  substituting  the 

said  as    defendant   herein   in   place   of   affiant,   and   to   discharge 

affiant  from  liability  to  either  party  in  said  action. 

[Signature.] 

[Jurat.]  [Official  signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  385,  386;  Alaska,  Comp  Laws 
3913,  sees.  870-873;  Arizona,  Kcv.  Stats.  1913,  par.  746;  Idaho,  Eev.  Codes 
1907,  sec.  4109;  Montana,  Rev.  Codes,  1907,  sees.  6494,  6495;  Washington, 
Rem.  Codes,  sec.  198. 

No.  3501.    Notice  to  Plaintiff  of  Application  for  Substitution  of  Party 

Defendant — Justice's  Court. 
[Title  of  Court  and  Cause.] 

You  will  please  take  notice  that  defendant  will,  on  the  third  day 
of  April,  A.  D.  1917,  at  the  office  of  E.  R.,  Esq.,  justice  of  the  peace, 
at  the  town  of  C,  county  of  M.,  at  the  hour  of  ten  o'clock  A.  M.  of 
that  day,  apply  to  said  justice  of  the  peace  for  an  order  substituting 


1189  Substitution  of  Parties.         Forms  3502-350-1 

H.  N.  as  defendant  in  this  action,  in  place  of  defendant,  and  discharging 
said  defendant  from  liability  in  said  action. 

Said  motion  will  be  based  on  the  pleadings  herein,  and  the  affidavit 
of  defendant,  a  copy  of  which  is  served  herewith,  and  will  be  made 
on  the  ground  that  defendant  has  no  interest  in  the  resiilt  of  said  action, 
and  that  said  H.  N.  is  the  real  party  in  interest  therein. 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.   385-387. 

No,  3502.     Conditional  Order  of  Substitution  of  Party— Justice's  Court, 
[Title  of  Court  and  Cause.] 

On  reading  and  filing  the  affidavit  of  J.  N.,  filed  herein,  and  sufficient 
cause  existing  therefor,  it  is  ordered  that  defendant  herein,  J.  N.,  be 
discharged  as  defendant  and  from  all  liability  herein,  and  that  H.  N. 
be  substituted  in  his  place,  upon  said  J.  N.  delivering  the  stallion 
"H.  L.  B."  to  W.  F.,  the  sheriff  of  M.  county. 

NOTE.— California,  Code  Civ,  Proc,  sees.  385,  386. 

No.  3503,    Order  of  Substitution — Justice's  Court. 

[Title  of  Court  and  Cause.] 

W,  F.,  the  sheriff  of  the  county  of  M.,  having  filed  with  me  a  receipt 
acknoAvledging  that  he  has  received  from  J.  N.  the  stallion  "il.  L.  B.," 
in  controversy  in  this  action,  it  is  ordered  that  J.  N.  be  and  he  is  dis- 
charged from  this  action  as  a  defendant  therein,  and  from  all  liability 
therein,  and  that  H,  N.  be  and  he  is  hereby  substituted  defendant  in 
place  of  said  J.  N. 

NOTE.— California,  Code  Civ.  Proc,  sec.  386. 

No.  3504,    Notice  of  Substitution  of  Parties  Plaintiff. 

[Title  of  Court  and  Cause.] 

To  ,  Defendant,  and  ,  Attorney  for  Defendant. 

You  and  each  of  you  will  please  take  notice,  and  are  hereby  notified, 

that  by  an  order  of  the  above-named court,  duly  given  and  made, 

the  above-named  ,  executor  of  the  last  will  and  testament  of  , 

deceased,  as  such  executor,  and  ,  as  heir  of  said  ,  deceased, 

have  been  substituted  as  plaintiffs  in  the  above-entitled  cause. 

Dated ,  191—. 

,  Attorney  for  Plaintiff. 

NOTE. — California,  Code  Civ.  Proc.  sees.  .^85-387;  Idaho,  Code  Civ.  Proc, 
sees.  3174-3178;  Montana,  Rev.  Codes,  sees.  6494,  6495;  Washington,  Rem, 
Codes,  sec.  193. 


Cowdery's  Form  Book.  1190 


SUMMONS. 

S535.  Summons— General  form. 

3536.  Summons — Colorado. 

3537.  Summons — Montana. 

3538.  Summons — North  Dakota. 

3539.  Summons — Utah. 

3540.  Summons — Washington. 

3541.  Summons  for  publication — Washington. 

3542.  Summons  out  of  municipal  court — Utalh 

3543.  Summons — Justice's  court. 

3544.  Alias  summons — Justice's  court. 

3545.  Sunmions — Justice's  court — Colorado, 

3546.  Summons — Justice's  court — Oregon. 

3547.  Summons — Justice's  court — Utah. 
3543.  Summons — Justice's  court — ^Washington. 

3549.  Complaint  and  notice — Justice's  court — Washington. 

3550.  Notice  where  service  of  summons  is  by  publication — Justlce*s  court- 

Washington. 

3551.  Return,  and  ceitincate  of  service,  by  oflacer — Justice's  court. 

3552.  Afadavit  of  service  of  summons. 

3553.  Certificate   to   be   attached  to   summons   to   be   served   out   of  the 

county — Justice's  court. 

3554.  Alias  summons  in  action  to  foreclose  liens  on  chattels  or  trespassing 

animals — Justice's  court — North  Dakota. 

3555.  Statement,  in  summons,  of  cause  of  action  on  an  account  stated,  ani 

for  money  loaned,  and  goods  sold. 

3556.  Statement,  in  summons,  of  cause  of  action  on  promissory  note. 

3557.  Statement,  in  suimnons,  of  cause  of  action  for  money  loaned  and 

advanced. 

3558.  Statement,  in  summons,  of  cause  of  action  for  payment  of  proceeds 

of  sale. 

3559.  Statement,  in  summons,  of  cause  of  action  for  street  assessment. 

3560.  Statement,  in  summons,  of  cause  of  action  on  bond  and  mortgage. 

3561.  Statement,  in  summons,  of  cause  of  action  for  commissions  on  sales, 

conversion  of  proceeds  of  sales,  etc. 

3562.  Eetuni,  and  certificate  of  service  by  officer. 

3563.  Eeturn,  and  certificate  of  service  upon  domestic  corporation. 

3564.  Afijdavit  of  service  upon  domestic  corporation. 

3565.  Eeturn,  and  certificate  of  service  upon  foreign  corporation. 

3566.  Affidavit  of  service  upon  foreign  corporation. 

3567.  Eeturn,  and  certificate  of  ser^'ice  upon  minor  defendant. 

3568.  Affidavit  of  service  upon  minor  defendant. 

3569.  Eeturn,  and  certificate  of  service  upon  person  of  unsound  mind. 

3570.  A^-davit  of  service  upon  person  of  unsound  mind. 

3571.  Eeturn,  and  certificate  of  service  upon  county,  city  or  town. 

3572.  Affidavit  of  service  upon  county,  city  or  town. 

3573.  Eeturn,  and  certificate  of  attempted  service  by  sheriff,  where  certifi- 

cate of  residence  has  been  filed. 

3574.  Affidavit  for  pviblication  where  defendant  resides  out  of  the  state. 

3575.  Order  for  publication  where  defendant  resides  out  of  the  state. 

3576.  Affidavit  for  publication  where  defendant  cannot  be  found  within  the 

state. 

3577.  Order  for  publication  where  defendant  cannot  be  found  within  the 

state. 

3578.  Affidavit  that  defendant  is  concealing  himself  to  avoid  service. 

3579.  Affidavit  of  mailing  copy  of  summons. 

3580.  Affidavit  of  publication. 

3581.  Summ.ons  to  corporation — Justice's  court. 


]19i  Summons.  Forms  3535, 3530 

3582.  Summons  to  corporation  for  violation  of  city  ordinance — Justice's 

court — Utah. 

3583.  Summons  to  juror. 

3584.  Summons — Alaska — Justice  of  the  Peace. 

CEOSS-REFEREMCES. 

Summons  in  Forcible  Entry  and  Detainer,   No.   1905. 

Summons  in  Forcible    Entry   and    Detainer — Nevada,    No.    1906. 

Summons  in  Forcible  Entry  and  Detainer — New  Mexico,  No.  1907. 

Summons  in  Partition,  No.  2863. 

Summons  to  Corporation  (Criminal  Case),  No.  1331. 

Summons  to  Witness  in  Bankruptcy,  No.  698. 

No.  3535.    Suniaiions— G-eneral  Form. 
[Title  of  Court  and  Cause.] 

The  People  of    the  State  of    California  Send    Greeting  to  A.  B.  C, 
Defendant: 

You  are  hereby  directed  to  appear  and  answer  the  complaint  in  an 
action  entitled  as  above,  brought  against  you  in  the  superior  court  of 
the  county  of  Butte,  state  of  California,  within  ten  days  after  the 
service  on  you  of  this  summons— if  served  within  this  county,  or  within 
thirty  days  if  served  elseAvhcre. 

And  you  are  hereby  notified  that  unless  you  appear  and  answer  as 
above  required,  the  said  plaintiff  will  take  judgment  for  any  money  or 
damages  demanded  in  the  complaint,  as  arising  upon  contract,  or  lie  will 
apply  to  the  court  for  any  other  relief  demanded  in  the  complaint. 

Dated , 

[Signature.] 

NOTE— See  Alaska,  Comp.  Laws  1913,  sees.  874-885;  Arizona,  Eev.  Stats. 
(Civ.  Code  1913),  sees.  434-^136;  California,  Code  Civ.  Proc,  sec.  407  et  seq.; 
Colorado,  Mill's  Ann.  Code,  sec.  34  et  seq.;  Hawaii,  Rev.  Code  1915,  sec. 
2350  et  seq.;  Idaho,  Rev.  Codes  1907,  sees.  4140-4144;  Kansas,  Gen.  Stats. 
1915,  sec.  6951;  Montana,  Rev.  Codes  1907,  sees.  6513-6520;  Nebraska,  Rev. 
Code  1913,  sec.  7626;  Nevada,  Rev.  Laws  1912,  sees.  5018,  o72,;  ^.cw 
Mexico  Stats.  Ann.  1915.  sec.  4090;  North  Dakota,  Comp.  Laws  1913,  sees. 
7422  9021-  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  4705;  Oregon,  Lord's 
Oreo-on  Laws,  sees.  52,  53;  South  Dakota,  Comp.  Laws  191  :^.  sec.  4893 
et  seq.;  Utah,  Comp.  Laws  1907,  sec.  2939;  Washington,  Rem.  Code,  sees. 
220-223;  Wyoming,  Comp.  Stats.  1910,  see.  4351  et  seq. 

No.  S536.     Summons— Colorado. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

The  People  of  the  State  of to  the  Defendant,  ,  Above  Named, 

Greeting: 
You  arc  hereby  required  to  appear  in  an  action  brought  against  you 

by  the  above-named  plaintiff,  ,  in  the  court  of  county 

gtate  of  ,  and  answer  the  complaint  therein  within   twenty  days 

after  the  service  hereof,  if  served  within  this  county,  or,  if  served  out 


Forms  3537, 3538         Cowdery's  Form  Book.  1192 

of  this  county,  or  by  publication,  within  forty  days  after  the  service 
hereof,  exclusive  of  the  day  of  service,  or  judgment  by  default  will  be 
taken  against  you,  according  to  the  prayer  of  the  complaint. 

Given  under  my  hand  and  the  seal  of  the  court  this day  of , 

191—. 

[Seal]  • '  Clerk. 

NOTE.— See  Colo.  Mill's  Ann.  Code,  sec,  35. 

This  is  the  form  where  a  copy  of  the  complaint  is  served  with  the  summoiis. 
Where  a  copy  of  the  complaint  is  not  served  with  the  summons,  or  service 
is  had  by  publication,  the  form  must  be  varied  to  meet  the  requirements  of 
the  case.  The  summons  may  be  signed  by  the  clerk  and  directed  to  the  de- 
fendant, to  be  issued  under  the  seal  of  the  court,  or  it  may  be  signed  and 
issued  by  the  attorney  for  the  plaintiff:  See  Colo.  Rev.  Stats.  19U8,  p.  79, 
sees.  35,   37. 

No.  3537.    Summons— Montana. 

[Title  of  Court  and  Cause.] 

To  the  Above-named  Defendant: 

You  are  hereby  summoned  to  answer  the  complaint  in  this  action 
which  is  filed  in  the  office  of  the  clerk  of  this  court,  a  copy  &f  which 
is  herewith  served  upon  you,  and  to  file  your  answer  and  serve  a  copy 
thereof  upon  the  plaintiff's  attorney  within  twenty  days  after  the  ser- 
vice of  his  summons,  exclusive  of  the  day  of  service;  and  in  case  of 
your  failure  to  appear  or  answer,  judgment  will  be  taken  against  you 
by  default,  for  the  relief  demanded  in  the  complaint. 

Witness  my  hand  and  the  seal  of  said  court  this  day  of  , 

191—. 

[Seal]  [Signature.] 

[Indorsement.] 

NOTE'.— See  Mont.  Rev.  Codes  1907,  sec.  6515. 

If  summons  is  served  by  publication,  a  fjeneral  statement  of  the  cause  of 
action  is  added.  The  signature  of  the  clerk  is  a  matter  of  substance  and  a 
fundamental  part  of  the  summons.  Without  it,  there  is  no  summons:  Shar- 
man  v.  Huot,  20  Mont.  555,  557,  63  Am.  St.  Rep.  645,  52  Pac.  558. 

If  several  defendants  reside  in  the  same  county,  and  a  copy  of  the  com- 
plaint is  served  on  one  of  them  with  the  summons,  the  return  of  service 
need  not  show  that  all  defendants  reside  in  the  coimty:  Mantle  v.  Casey, 
31  Mont.  408,  410,  78  Fae.  592.  In  an  action  to  quiet  title,  where  all  the 
defendants  reside  in  the  same  county,  and  are  served  with  summons,  and 
one  of  them  is  served  with  a  copy  of  the  complaint,  his  disclaimer  filed  of 
any  interest  in  the  land  does  not  affect  the  service  on  the  other  defendants: 
Mantle  v.  Casey,  31  Mont.  408,  410,  78  Pae.  592. 

No.  3538.    Summons— North  Dakota. 

State  of , 

County  of ,  ss. 

[Title  of  Court  and  Cause.] 

The  State  of to  the  Above-named  Defendant. 

You  are  hereby  summoned  to  answer  the  complaint  in  this  action, 
and  to  serve  a  copy  of  your  answer  upon  the  subscriber  within  ten 


1193  Summons.  Forms  3539, 3540 

days  after  the  service  of  this  summons  upon  you,  exclusive  of  the  day 
of  service;  and  in  case  of  your  failure  to  appear  or  answer,  judgment 
will  be  taken  against  you  by  default  for  the  relief  demanded  in  the 
complaint. 

[Signature.] 
Dated  this day  of ,  191—. 

NOTE.— See  N.  D.  Comp.  Laws  1913,  sec.  7422. 

No.  3539.     Summons— Utah. 

[Title  of  Court  and  Cause.] 

The  State  of to  said  Defendant. 

You  are  hereby  summoned  to  appear  within  twenty  days  after  ser- 
vice of  this  summons  upon  you,  if  served  within  the  county  in  wliich 
this  action  is  brought;  otherwise,  within  thirty  days  after  service,  and 
defend  the  above-entitled  action;  and  in  case  of  your  failure  so  to  do, 
judgment  will  be  rendered  against  you  according  to  the  demand  of  the 
complaint. 

[Signature  and  postofifice  address.] 

NOTE.— See  Utah,  Comp.  Laws  1907,  sec.  2939. 

If  the  complaint  be  on  file  at  the  time  of  the  service  of  the  summons,  the 
words  "which  has  been  filed  with  the  clerk  of  said  court"  shall  be  added  after 
the  word  "complaint,"  at  the  end  of  the  form.  If  the  complaint  is  not  on 
file  at  that  time,  there  should  be  added,  after  the  word  "complaint,"  '■wliirh, 
within  ten  days  after  service  of  this  summons  upon  you,  will  be  filed  witli 
the  clerk  of  said  court."  "When  service  of  the  summons  is  made  by  publica- 
tion, the  summons  shall  also  contain  a  brief  statement  of  the  object  of  the 
action;  as,  for  example:  "This  action  is  brought  to  recover  a  judgment — dis- 
solving the  marriaoe  contract  [or  bonds  of  matrimony]  heretofore  existing 
between  you  and  the  plaintiff";  or,  "quieting  plaintiff's  title  to  the  land 
described  in  said  complaint";  or,  "foreclosing  plaintiff's  mortgage  upon  the 
land    [or  other  property]    described  in  said   comjdaint";   or  other  object. 

A  summons  in  an  action  com.menced  by  an  officer  in  his  official  capacity 
must  show  his  official  character,  or  it  will,  on  motion,  be  quashed:  Hamilton 
V.  Spiers,  2  Utah,  225. 

A  .summons  which  fails  to  state  the  time  and  place  at  which  defendant 
shall  appear  and  answer  is  fatally  defective:  Winters  v.  Hughes,  3  Utah,  443, 
24  Pac.  759. 

No.  3510.     Summons — Washington. 

[Title  of  Court  and  Cause.] 

The  State  of  Washington  to  the  said  Defendant: 

You  are  hereby  summoned  to  appear  within  twenty  days  after  ser- 
vice of  this  sununons,  exclusive  of  the  day  of  service,  and  defend  the 
above-ontitlcd  action  in  the  court  aforesaid ;  and  in  case  of  your  failure 
so  to  do,  judgment  will  be  rendorcd  against  you,  aecordin':^  to  the  demand 
of  the  complaint,  which  will  be  filed  with  the  clerk  of  said  court  [or, 
a  copy  of  which  is  herewith  served  upon  you]. 

[Signature  and  postofifice  address.] 


Forms  3541, 3542         Cowdery's  Form  Book.  1194 

NOTE.— See  Wash.  Rem.  Code,  sec.  223. 

This  siimmons,  it  will  be  noticprl.  is  Issued  by  the  plaintiff's  attorney. 
Rem.  &  Bal.  Code  of  Washington,  section  224,  provides  when  a  copy  of  the 
complaint  is  to  accompany  the  summons.  A  summons  in  substantial  com- 
pliance with  sections  enumerating  the  necessary  contents  of  a  summons  i.s 
good  as  against  a  general  objection,  first  raised  on  appeal,  though  it  may  not 
have  incorporated  therein  everything  required  by  other  sections  of  the  statute: 
Wagnitz  v,  Ritter,  31  Wash.  343,  71  Pac.  1035. 

Under  a  statute  requiring  a  summons  to  be  subscribed  by  the  plaintiff  or 
his  attorney,  a  summons  is  sufficiently  "subs-ribeil"  although  it  has  a  printed 
signature:  Warner  v.  Miner,  41  Wash.  98,  82  Pac.  1033. 

It  is  not  material,  in  a  summons  for  publication,  requiring  the  defendant 
to  appear  within  sixty  days  after  a  specified  date,  that  reference  to  the 
first  publication  is  omitted,  if  the  actual  date  thereof  itself  is  given:  Stubbs 
V.   Continental   Timber   Co.,   49   Wash.   431-433,   95   Pac.    1011. 

It  is  sufficient,  in  a  divorce  summons  by  publication,  to  state  generally 
the  relief  demanded  in  regard  to  the  property  of  the  parties:  Goore  v.  Goore, 
24  Wash.  139,  63  Pac.  1092. 

A  summons  is  void  if  it  fails  to  state  the  day  upon  which  the  service 
would  be  complete,  although  the  date  of  the  first  publication  is  stated:  Bauer 
V.  Widholm,  49  Wash.  310,  95  Pac.  277.  A  summons  that  fails  to  state  the 
year  of  the  date  of  the  first  publication  is  void:  McLean  v.  Lester,  48  Wash. 
213  214,  93  Pac.  208.  A  summons  which  requires  the  defendant  to  appear 
within  sixty  days  after  the  service  of  the  summons  does  not  comply  with 
the  section  embodying  the  above  form,  and  is  void:  Silverstone  v.  Totten, 
50  Wash.  447,  97  Pac.  491. 

The  summons  contains  "a  succinct  statement  of  the  relief  demanded,"  if 
it  shows  that  the  plaintiff  will  ask  a  decree  for  the  sale  *of  lands  loented 
in  certain  sections  specifically  described  in  the  complaint:  George  v.  Nowlan, 
38  Or.  537,  543,  64  Pae.  1. 

No.  3541.    Summons  for  Publication — Washington. 

[Title  of  Court  and  Cause.] 

The  State  of to  the  said . 

You  are  hereby  summoned  to  appear  within  sixty  days  after  the  date 
of  the  first  publication  of  this  summons,  to  wit,  within  sixty  days  after 

fl^e (^ay  of ,  191 — ,  and  defend  the  above-entitled  action  in  the 

above-entitled  court,  and  answer  the  complaint  of  the  plaintiff,  and 
serve  a  copy  of  your  answer  upon  the  undersigned  attorney  for  plain- 
tiff, at  his  office  below  stated;  and  in  case  of  your  failure  so  to  do, 
judgment  v/lU  be  rendered  against  you  according  to  the  demand  of 
the  complaint,  which  has  been  filed  with  the  clerk  of  said  court. 

,  Plaintiff's  Attorney. 

[P.  0.  address.] 

NOTE.— See  Wash.  Rem.  Code,  sec.  233. 

No.  3542.    Summons  Out  of  Municipal  Court — Utali. 
[Title  of  Court  and  Cause.] 

The  State  of to  said  Defendant. 

You  are  hereby  summoned  to  appear  before  the  above-entitled  court 

within  ten  (10)  days  after  the  service  of  this  summons  upon  you,  if 
served  Avithin  the  county  in  wliich  this   action  is  brouglit;   otherwise, 


1195  Summons.  Forms  3543, 3544 

within  twenty  (20)  days  after  this  service,  and  defend  the  above- 
entitled  action;  in  case  of  your  failure  to  do  so,  judgment  will  be 
rendered  against  you  according  to  the  demand  of  the  complaint. 

Witness  the  Honorable ,  judge  of  said  court,  with  the  seal  thereof, 

this  day  of  ,  191 — . 

[Seal] ,  Clerk. 

NOTE.— See  Utah,  Comp.  Laws  1907,  sec.  686x56. 

No.  3543.    Smnmons — Justice's  Court. 

[Title  of  Court  and  Cause.] 

The  People  of  the  State  of Send  Greeting  to ,  Defendant. 

You  are  hereby  directed  to  appear  before  me,  the  undersigned,  at  my 

office,  in  said  ,  at  ,  and  answer  the  complaint  in  an  action 

entitled  as  above,  brought  against  you  in  the  justice's  court  of  

tov,-nship,  county  of  ,  state  of  ,  witliin  five  days,  if  the  sum- 
mons is  served  in  the  city  and  county,  township,  or  ci^^y,  in  which  tlie 
action  is  brought;  within  ten  days,  if  served  out  of  the  township  or 
city,  but  in  the  county  in  which  the  action  is  brought;  and  within  twenty 
days,  if  served  elsewhere. 

And  you  are  hereby  notified  that  unless  you  appear  and  answer  as 
above  required,  the  plaintiff  will  take  judgment  for  any  money  or  dam- 
ag'cs  demanded  in  the  complaint,  as  arising  upon  contract,  or  will  applj' 
to  the  court  for  the  relief  demanded  in  the  complaint. 

Given  under  my  hand  [etc.]. 

[Ofiicial  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sees.  844,  845. 

If  the  plaintiff  appears  by  attorney,  the  name  of  the  attorney  must  be  in-' 
dorsed  on  the  summons.  If  an  order  of  arrest  is  indorsed  upon  ihe  sum- 
mons, the  time  for  the  appearance  of  defendant  must  be  "fortlnvith."  In 
Idaho,  in  an  action  arising  on  a  contract  for  the  recovery  of  money  or  dam- 
ages only,  the  summons  must  contain  a  notice  that  unless  the  defendant  so 
appears  and  answers,  the  plaintiff  will  take  judgment  for  the  sum  claimed 
by  him  (stating  it)  ;  and  in  other  actions  a  notice  that  unless  defendant  so 
appears  and  answers,  the  plaintiff  will  apply  to  the  court  for  the  relief 
demanded.  If  the  plaintiff  has  appeared  by  attorney,  the  name  of  the  attor- 
ney must  be  indorsed  on  the  summons:   See  Idaho,  Rev,  Codes  1907,  sec.  4653. 

No.  3544.    Alias  Summons— Justice's  Court. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California  Send  Greeting  to  J.  B.,  Defendant: 
You  are  hereby  directed  to  appear  before  me  at  my  office,  at  Brown's 
Flat,  in  said  tovvniship,  and  answer  the  complaint  in  an  action  entitled 
as  above,  brought  against  you  in  the  justice's  court  of  Sears  township, 
county  of  Butte,  state  of  California,  within  five  days  after  the  service 
on  you  of  this  alias  summons— if  served  within  the  city  and  conruv, 
township  or  city  in  which  this  action  is  brought;  or,  if  served  out  of  said 
toAvnship  or  city  but  in  this  county,  within  ten  days;  or  within  twenty 


Forms  3545, 3546         Cowdery's  Form  Book.  1196 

daj^s  if  served  elseAvlieie.     The  original  summons  in  this  action  has  been 
returned  without  being  served. 

And  you  are  hereby  notified  that  unless  you  appear  and  answer  as 
above  required,  the  said  plaintiff  will  take  judgment  for  any  money  or 
damages  demanded  in  the  complaint,  as  arising  upon  contract  or  he 
will  apply  to  the  court  for  the  relief  demanded  in  the  complaint. 

Given  under  my  hand,  this  third  day  of  June,  A.  D.  1917. 

[Signature.] 

NOTE.— California,   Code   Civ.    Proe.,   sees.   408,   844-849. 

No.  3545.    Summons — Justice's  Court — Colorado. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

The  People  of  the  State  of  to  any  Constable  of    said    County, 

Greeting : 

You  are  hereby  commanded  to  summon  to  appear  before  me, 

at  ,  on  the  day  of  ,  191—,  at  o'clock  A.  M.,  to 

answer  the  complaint  of for  a  failure  to  pay  him  a  certain  demand, 

not   exceeding   three    hundred    dollars    ($300),    and   hereof   make    due 
return  as  the  law  directs. 

Given  under  my  hand  and  seal  this day  of ,  191 — . 

,  J.  P.     [L.  S.] 

NOTE.— See  Colorado,  Mill's  Ann.  Stats.   1912,  sec.  4285. 

No.  3546.    Summons — Justice's  Court — Oregon. 

State  of , 

County  of , 

[Title  of  Court  and  Cause.]  (Civil  Action  to  Recover  Money.) 

To ,  the  Above-named  Defendant. 

In  the  name  of  the  state  of ,  you  are  hereby  required  to  appear 

before  the  undersigned,  a  justice  of  the  peace  for  the  precinct  afore- 
said, on  the day  of ,  191 — ,  at o'clock  in  the  forenoon  of 

said  day,  at  the  office  of  said  justice,  in  said  precinct,  to  answer  the 
above-named  plaintiff  in  a  civil  action. 

The  defendant  will  take  notice  that  if  he  fail  to  answer  the  complaint 

herein  the   plaintiff  v.ill   take  judgment   against  him  for  dollars 

($ )   [or,  for  such  other  relief  as  is  demanded  in  the  complaint]. 

Given  under  my  hand  this day  of ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Lord's  Oregon  Laws,  p.  1045. 

If  an  oral  complaint  is  made,  the  justice  must  indorse  on  the  summons  the 
fiubslance  of  the  same. 


1197  Summons.  Forms  3547-3549 

No.  3547.    Summons— Justice's  Courts— Utah. 

Before  ,  Justice  of  the  Peace. 

[Title  of  Court  and  Cause.] 

The  State  of to  the  Defendant. 

You  are  hereby  summoned  to  appear  before  the  above-entitled  court 
within  ten  days  after  the  service  of  this  summons  upon  you,  if  served 
within  the  county  in  T^-hich  this  action  is  brought;  otherwise,  within 
twenty   days   after  this   service,   and   defend  the   above-entitled   action 

brought  against  you  to  recover [stating  in  general  terms  the  nature 

of  the  cause  of  action]  ;  and  in  case  of  -your  failure  to  do  so,  judgment 
will  be  rendered  against  you  according  to  the  demand  of  the  complaint. 

,  Justice  of  the  Peace. 

NOTE.— See  Utah,   Comp.   Laws   1907,   sec.   3676. 

In  a  number  of  the  states,  the  summons,  as  was  formerly  required  in  Cali- 
fornia, must  contain  a  sufficient  statement  of  the  cause  of  action,  in  genrral 
terms,  to  apprise  the  defendant  of  the  nature  of  the  claim  against  him:  See 
Idaho,  Rev.  Codes  1907,  see.  4655. 

No.  3548.    Summons — Justice's  Court — Washington. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

To  the  Sheriff  or  any  Constable  of  said  County. 

In  the  name  of  the  state  of ,  you  are  hereby  commanded  to  sum- 
mon   ,  if  he  be  found  in  your  county,  to  be  and  appear  before  me, 

at ,  on  the day  of ,  191—,  at o'clock  A.  M.,  to  answer 

the   complaint   of  ,   for  a  failure   to   pay   him  a  certain    demand, 

amounting  to  dollars  and cents  ($ ■  — )  upon  •  [state 

briefly  the  nature  of  the  claim] ;  and  of  this  writ  make  due  service  and 
return. 

Given  under  my  hand  this day  of ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— See  "Wash.  Eem.  Code,  sec.  1758. 

The  summons  shall  specify  a  date  for  the  appearance  and  answer  of  the 
defendant,  not  less  than  six  nor  more  than  twenty  days  from  the  date  of 
filing  plaintiff's  claim  with  the  justice. 

No.  3549.    Complaint  and  Notice— Justice's  Court— Washington. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of ,  ss. 

To 


In  the  name  of  the  state  of ,  you  are  hereby  notified  to  be  and 

appear  at  my  office,  in  ,  on  the  day  of  ,  191—    at  the 

lio^^r  of o'clock  A.  M.,  to  answer  the  foregoing  complaint,  or  judg- 


Forms  3550, 3561        Cowdery^s  Form  Book.  1198 

ment  will  be  taken  against  you  as  confessed,  and  the  prayer  of  the 
plaintiff  granted. 

Dated ,  191—. 

,  Justice  of  the  Peace. 

NOTE,— See  Wash.  Rem.  Code,  sec.  1759. 

No.  3550.    Notice  Where  Service  of  Summons  i£  by  Publication — Jus- 
tice's Court — Washington. 
[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 

To . 

In  the  name  of  the  state  of ,  you  are  hereby  notified  that  

has  filed  a  complaint  against  you  in  said  court,  which  will  come  on  to 

be  heard  at  my  office,  in  ,  in  county,  state  of  ,  on  the 

day  of ,  191 — ,  at  the  hour  of o'clock  A.  M.,  and  unless 

you  appear  and  then  and  there  answer,  the  same  will  be  taken  as  con- 
fessed, and  the  demand  of  the  plaintiff  granted.  The  object  and  demand 
of  said  claim  is . 

Complaint  filed ,  191 — . 

,  Justice  of  the  Peace. 

NOTE.— See  Wash.  Rem.  Code,  sec.  1766. 

No.  3551.  Return,  and  Certificate  of  Service,  by  Officer — Justice's  Court 
[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 

To  the  Justice's  Court  of Township,  County  of ,  State  of . 

I  hereby  certify  that  I  received  the  annexed  summons  on  the  

day  of  ,  191 — ,  and  personally  served  the  same,  together  with  a 

copy  of  the  complaint  in  said  action,  on  ,  the  defendant  named  in 

said  summons,  by  delivering  to  and  leaving  with  said  defendant,  per- 
sonally, on  the day  of ,  191 — ,  in  said  county  of ,  a  copy 

of  said  summons  attached  to  a  copy  of  said  complaint. 

[Official  signature.] 

Dated  this day  of ,  191—. 

NOTE.— <::alifornia,  Code  Civ.  Proc,  sec.  849;  Montana,  Rev.  Codes  1907, 
sec.   7003. 

In  Montana,  the  service  of  a  summons  issued  by  a  justice  of  the  peace, 
•without  a  copy  of  the  complaint,  gives  no  jurisdiction:  State  v.  Harrinffton, 
31  Mont.  294,  297,  78  Pac.  485. 

The  return  on  a  summons  issued  by  a  justice  of  the  peace  is  presumed 
to  show  all  that  vras  done  by  the  person  making  the  service:  State  t.  Harring- 
ton, 31  Mont.  294,  297,  78  Pac.  485. 


1199  Summons.  Forms  3552, 15553 

No.  3552.    Affidavit  of  Service  of  Summons. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

J.  S.,  being  duly  sworn,  deposes  and  says:  That  he  is,  and  was  on 
the  day  when  he  served  the  annexed  summons,  a  male  citizen  of  the 
United  States,  over  the  age  of  eighteen  years  and  is  not  a  party  to  the 
above-entitled  action;  that  he  received  the  annexed  summons  in  said 
action  on  the  nineteenth  day  of  August,  1917,  and  personally  served  tlic 
same  upon  R.  R.,  the  above-named  defendant,  on  the  said  nineteenth 
day  of  August,  1917,  by  delivering  to  R.  R.,  the  said  defendant,  per- 
sonally, in  the  city  and  county  of  San  Francisco,  a  copy  of  said  summons, 
attached  to  a  true  copy  of  the  complaint  in  said  action  therein  named ; 
and  deponent  further  says  that  he  knows  the  person  so  served  to  be 
the  person  named  as  defendant  in  said  action. 

[Signature.] 

NOTE'. — In  California,  the  summons  may  be  served  by  the  sheriff  of  the 
county  where  the  defendant  is  found,  or  by  any  other  person,  over  the  age 
of  eighteen,  not  a  party  to  the  action.  A  copy  of  the  complaint  must  be 
served  with  the  summons.  When  the  summons  is  served  by  the  sheriff,  it 
must  be  returned,  with  his  certificate  of  its  service,  and  of  the  service  of 
any  copy  of  the  complaint,  where  such  copy  is  served,  to  the  office  of  the 
clerk  from  which  it  issued.  When  it  is  served  by  any  other  person,  it  must 
be  returned  to  the  same  place,  with  an  affidavit  of  such  person  of  its 
service,  and  of  the  service  of  a  copy  of  the  complaint,  where  such  copy  is 
served:   Code  Civ.  P'roc,  sec.  411. 

No.  3553.    Certificate  to  be  Attached  to  Smmnons  to  be  Served  Out  of 
the  County — Justice's  Coui-t. 

State  of  , 


County  of ,  ss. 

I, ,  clerk  of  the  county  of ,  state  of ,  hereby  certify  that 

,  the  person  who  issued,  and  whose  name  is  signed  to,  the  within 

summons,  was  an  acting  justice  of  the  peace  of  said  county  of  ,  at 

the  date  of  said  summons. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  this day  of ,  191 — . 

rgean  [Official  signature.] 

NOTE.— See   Cal.   Code   Civ.   Proc,   sec.   849. 

This  certificate  is  to  be  attached  to  a  summons  that  is  to  be  served  outside 
of  the  countj. 


Forms  355J:-35'57         Cowdery's  Form  Book.  1200 

No.  3554.    Alias  Summons  in  Action  to  Foreclose  Liens  on  Chattels  or 
Trespassing  Animals — Justice's  Court — North  Dakota. 

Before  ,  Justice  of  the  Peace. 

[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 

The  State  of  to  said  Defendant. 

By  this  second  summons  herein,  you  are  directed  to  appear  before 

me,  at  my  office  in ,  at o'clock,  on  the day  of ,  191 — , 

there  to  answer  to  the   complaint  of  against  you,   alleging  ■ 

[give  a  sufficient  statement  of  the  cause  of  action  to  apprise  the  de- 
fendant of  the  nature  of  plaintiff's  claim,  and  of  the  particular  prop- 
erty in  question],  and  demanding ;  and  you  are  notified  that  unless 

you  so  appear  and  answer  the  plaintiff  will  take  judgment  against  you 
accordingly. 

Given  this day  of ,  191 — . 

[OfiBeial  signature.] 

NOTE.— See  N.  D.  Comp.  Lawg  1913,  sec.  9027. 

No.  3555.     Statement,  in  Summons,  of  Cause  of  Action  on  an  Account 
Stated,  and  for  Money  Loaned,  and  Goods  Sold. 

The  said  action  is  brought  to  recover  of  you  the  sum  of  dollars 

($ ),  with  interest  from  the  day  of ,  191 — ,  as  on  account 

stated  between  you  and  the  plaintiff,  and  for  money  loaned,  and  for 
goods  sold  and  delivered  to  and  at  your  request,  as  will  more  fully 
appear  by  the  complaint  on  file  herein,  to  which  reference  is  here  made. 
And  you  are  notified  [etc.]. 

No.  3556.    Statement,  in  Summons,  of  Cause  of  Action  on  Promissory 
Note. 

The  said  action  is  brought  to  recover  the  sum  of dollars  ($ ), 

due  from  defendant  to  plaintiff,  upon  a  certain  promissory  note,  set  out 
and  described  in  the  complaint  filed  in  this  cause,  to  which  reference 

is  here  made,  with  interest  at  the  rate  of    per  cent    per  month, 

amounting  now  to  the  sum  of  • dollars  ($ ),  and  also  for  accruing 

interest,  besides  costs  of  suit.     And  you  are  hereby  notified  [etc.]. 

No.  3557.     Statement,  in  Summons,  of    Cause  of    Action  for    Money 
Loaned  and  Advanced. 

The  said  action  is  brought  to  recover  the  sum  of dollars  ($ ), 

with  interest  thereon  from  the  day  of  ,  191 — ,  at  the  rate 

of  per  cent  per  month,  due  from   defendant  to  plaintiff,   for  so 

much  money  loaned  and  advanced  by  plaintiff  to  defendant,  as  set  out 
in  the  complaint  on  file  herein,  to  which  reference  is  here  made,  and 
costs  of  suit.     And  you  are  hereby  notified  [etc.]. 


1201  Summons.  Forms  3558-3561 

No.  3558.     Statement,  in  Siimmons,  of  Cause  of  Action  for  Payiueut 
of  Proceeds  of  Sale. 

Tlie   said   action   is  brought   to   recover   from   you   the   sum  of  

dollars  ($ ),  current  lawful  money  of  the  United  States  of  America, 

being  proceeds  of  the  sale  made  by  you  of  ,  which,  b}'  your  agree- 
ment with  plaintiff,  you  are  bound  to  pay  over  to  him,  as  will  more 
fully  appear  by  the  complaint  on  file  herein,  to  which  reference  is  here 
made,  and  also  interest  thereon.     And  you  are  hereby  notified  [etc.]. 

No.  3559.    Statement,  in  Smnmons,  of  Cause  of  Action  for  Street  Assess- 
ment. 

The  said  action  is  brought  to  recover  the  sum  of dollars  ($ ), 

with  legal  interest  thereon  from  the  date  of  the  demand  mentioned  in 
the  complaint,  due  from  defendants  to  plaintiff,  upon  a  certain  street 

assessment,  for  work  and  labor  done  by  plaintiff  on street,  in  front 

of  property  belonging  to  defendants,  as  will  more  fully  appear  by  the 
complaint  on  file  herein,  to  which  reference  is  here  made,  and  for  costs. 
And  you  are  hereby  notified  [etc.]. 

No.  3560.    Statement,  in  Summons,  of  Cause  of  Action  on  Bond  and 
Mortgage. 

The  said  action  is  brought  to  obtain  a  decree  of  this  court  that  an 
account  may  be  taken  of  what  is  due  and  owing  to  said  plaintiff  for 
principal  and  interest  on  a  certain  bond  and  mortgage  described  in  said 
complaint,  and  that  said  defendant  may  be  decreed  to  pay  to  the  plain- 
tiff v/liat  may  be  found  to  be  due  to  him  on  taking  the  said  account, 
together  with  his  costs  of  this  suit,  or,  in  default,  thereof,  that  said 
defendant,  and  all  persons  claiming  under  him,  may  be  absolutely  de- 
barred and  foreclosed  of  and  from  all  right  and  equity  of  redemption 
in  certain  premises,  particularly  described  in  said  complaint  on  file 
herein,  to  which  reference  is  here  made.  And  you  are  hereby  notified 
[etc.]. 

No.  3561.     Statement,  in  Siinnnons,  of  Cause  of  Action  for  Commissions 
on  Sales,  Conversion  of  Proceeds  of  Sales,  etc. 

The  said  action  is  brought  to  recover  the  sum  of dollars  ($ ), 

and  interest  thereon  at  the  rate  of  per  cent  per  annum,  beino:  due 

from  defendant  to  plaintiff  for  commissions  on  sales  of  certain  goods, 
and  for  the  conversion  by  the  defendant  to  his  own  use  of  the  proceeds 
of  certain  goods  and  fixtures,  the  property  of  said  plaintiff,  as  particu- 
larly mentioned  in  the  complaint  on  file  in  this  action;  also,  for  costs. 
And  you  are  notified  [etc.]. 

Form  Book — 76 


Forms  3562-3564        Cowdeby's  Form  Book.  1202 

ITo.  3562.    Return,  and  Certificate  of  Service,  by  Officer. 
[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 

I  hereby  certify  that  I  received  the  annexed  summons  on  the  

day  of  ,  191 — ,  and  personally  served  the  same,  together  with  a 

copy  of  the  complaint  in  said  action,  on  ,  the  defendant  named  in 

said  summons,  by  delivering  to  and  leaving  with  said  defendant,  per- 
sonally, on  the day  of ,  191 — ,  in  said  county  of ,  a  copy 

of  said  summons  attached  to  a  copy  of  said  complaint. 

Dated  this day  of ,  191—. 

[Official  signature.] 

No.  3563.    Return,  and  Certificate  of  Service  upon  Domestic  Corpora- 
tion. 
[Title  of  Court  and  Cause.] 

State  of  , 

County  of  ,  ss. 

I  hereby  certify  that  I  received  the  annexed  summons  on  the 


day  of  ,  191 — ,  and  personally  served  the  same,   together  with   a 

copy  of  the  complaint  in  said  action,  on  ,  the  defendant  corpora- 
tion named  in  said  summons,  by  delivering  to  and  leaving  with  , 

the  president  of  said  corporation,  personally,  on  the  day  of  , 

191 — ,  in  said  county  of ,  a  copy  of  said  summons  and  a  copy  of  said 

complaint. 

Dated  this day  of ,  191 — . 

[Official  signature.] 

No.  3564.    Affidavit  of  Service  upon  Domestic  Corporation. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  over  the  age  of  eighteen,  and 

is  not  a  party  to  the  above-entitled  action;  that  he  received  the  annexed 

summons  on  the day  of ,  19 — ,  and  personally  served  the  samo, 

together  with  a  copy  of  the  complaint  in  said  action,  on  ,  the  de- 
fendant named  in  said  sunnnons,  by  delivering  to  and  leaving  with , 

who  was  then  and  there  the  president  [or  other  head  of  the  corporation, 
vice-president,  secretary,  assistant  secretary,  cashier  or  managing  agent 

thereof]  of  said  corporation  defendant,  on  the  day  of ,  19 — , 

in  said  county  of ,  a  copy  of  said  summons  attached  to  a  copy  of 

said  complaint. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — See  California,  Code  Civ.  Proc,  sees.  411,  415. 


1203  Summons.  Forms  3565-3567 

No.  3565.    Return,  and  Certificate  of  Service  upon  Foreign  Corporation. 
[Title  of  Court  and  Cause.] 

State  of  , 

County  of ,  ss. 


I  hereby  certify  that  I  received  the  annexed  summons  on  the  

^ay  of  ,  191 — ,  and  personally  served  the  same,  together  with  a 

copy  of  the  complaint  in  said  action,  on ,  the  defendant  corporation 

named  in  said  summons,  by  personally  delivering  to  and  leaving  with 

,  the  managing  or  business  agent  [or,  cashier;  or,  secretary]  of  said 

defendant,  personally,  on  the  day  of  ,  191—,  in  said  county 

[or  naming  the  place  of  service  elsewhere  within  the  state,  where  the 
defendant  foreign  corporation,  or  nonresident  joint  stock  company  or 
association,  doing  business  here,  has  a  managing  agent,  cashier  or  secre- 
tary]  of  ,  a  copy  of  said  summons  and  a  copy  of  said  complaint; 

the  said  being  then  and  there  the  person  designated  by  said  cor- 
poration as  the  person  upon  whom  process,  issued  under  the  laws  of 
this  state  against  said  corporation,  should  be  served. 

Dated  this  — —  day  of ,  191 — . 

[Official  signature.] 

NOTE. — Foreign  corporations  doing  business  in  California  must  designate 
an  agent  on  whom  process  may  be  served.  In  the  absence  of  such  designa- 
tion, service  may  be  made  on  the  secretary  of  state:  See  Civ.  Code,  sec.  405. 

No.  3566.    Affidavit  of  Service  upon  Foreign  Corporation. 
[Title  of  Court  and  Cause.] 

,  being  duly  sworn,  says  that  he  is  over  the  age  of  eighteen,  and 

is  not  a  party  to  the  above-entitled  action;  that  he  received  the  annexed 

summons  on  the day  of ,  19—,  and  personally  sei-ved  the  same, 

together  with  a  copy  of  the  complaint  in  said  action,  on  ,  the  de- 
fendant named  in  said  summons,  by  delivering  to  and  leaving  with . 

who  was  then  and  there  the  managing  agent  [cashier  or  secretary]  of 

said  corporation  defendant,  on  the day  of ,  ]9— ,  in  said  county 

of ,  a  copy  of  said  summons  attached  to  a  copy  of  said  complaint. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — California,  Code  Civ.  Proc,  sees.  411,  415. 

No.  3567.    Return,  and  Certificate  of  Service  upon  Minor  Defendant. 

State  of , 

County  of ,  ss. 

[Title  of  Court  and  Cause.] 

I  hereby  certify  that  I  received  the  annexed  summons  on  the  

^ay  of  ,  191 — ,  and  personally  served  the  same,  together  with  a 

copy  of  the  complaint  in  said    action,  on  ,  the    defendant  minor 


Forms  3568, 3569         Cowdery's  Form  Book.  1204 

named  in  said  summons,  and  also  on  ,  the  father  [or,  mother;  or, 

guardian;  or,  if  there  be  none  within  the  state,  then  give  the  name  of 
any  person  having  the  care  or  control  of  such  minor,  or  with  whom  he 
resides,  or  in  whose  service  he  is  employed,  and  upon  whom  service  of 
summons  was  made,  stating  the  facts  as  they  may  be],  of  said  minor 

defendant,  by  delivering  to  and  leaving  with  said  defendant  and  , 

the  father  of  said  defendant,  and  each  of  them,  personally,  on  the  

day  of  ,  191 — ,  in  said  county  of  ,  a  copy  of  said  summons 

and  a  copy  of  said  complaint. 

Dated  this day  of ,  191 — . 

[Official  signature.] 

No.  3568.    Affidavit  of  Service  upon  Minor  Defendant. 
[Title  of  Court  and  Cause.] 

vState  of , 

County  of  ,  ss. 

,  being  duly  sworn,  says  that  he  is  over  the  age  of  eighteen,  and 

is  not  a  party  to  the  above-entitled  action;  that  he  received  the  annexed 

summons  on  the day  of ,  19 — ,  and  personally  served  the  same, 

together  with  a  copy  of  the  complaint  in  said  action,  on  ,  the  de- 
fendant named  in  said  summons,  by  delivering  to  and  leaving  with  said 

defendant,  personally,  on  the  day  of ,  19 — ,  in  said  county  of 

,  a  copy  of  said  summons  attached  to  a  copy  of  said  complaint,  and 

likewise  by  delivering  to  and  leaving  with  ,  the  father  [mother  o^ 

guardian]   of  said  defendant,  on  the  day  of  ,  19 — ,  in  said 

county  of ,  a  copy  of  said  summons  attached  to  a  copy  of  said  com- 
plaint. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — See  California,  Code  Civ.  Proc,  socs.  411,  415. 

No.  3569.    Return,  and  Certificate  of  Service  upon  Person  of  Unsound 

Mind. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

I  hereby  certify  that  I  received  the  annexed  summons  on  the  

<3ay  of  ,  191 — ,  and  personally  served  the  same,   together  with  a 

copy  of  the  complaint  in  said  action,  on  ,  the  defendant  named  in 

said  summons,  and  also  on ,  the  guardian  of  the  said [naming 

the  defendant  person,  residing  within  this  state,  who  has  been  judicially 
declared  to  be  of  unsound  mind,  or  incapable  of  conducting  his  own 
affairs,  and  for  whom  a  guardian  has  been  appointed],  by  delivering 
to  and  leaving  with  said  defendant  and  ,  the  said  guardian  of  said 


1205  SuiTMONS.  Forms  3570, 3571 

defendant,  and  c:\oh  of  them,  per.sonally,  on  the day  of ,  191 — , 

in  said  county  of  ,  a  copy  of  said  surmnons  and  a  copy  of  said 

complaint. 

[OfiBcial  signature.] 
Dated  this day  of ,  191—. 

NOTE.— Califoruia,   Code   Civ.   Proc,  sec.   415. 

No.  3570.    Affidavit  of  Service  upon  Person  of  Unsound  Mind. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  over  the  age  of  eighteen,  and 

is  not  a  party  to  the  above-entitled  action;  that  he  received  the  annexed 

summons  on  the day  of ,  19 — ,  and  personally  served  the  same, 

together  with  a  copy  of  the  complaint  in  said  action,  on  ,  the  de- 
fendant named  in  said  summons,  by  delivering  to  and  leaving  with  said 

defendant,  personally,  on  the day  of ,  19 — ,  in  said  county  of 

,  a  copy  of  said  summons  attached  to  a  copy  of  said  coriii)laint,  and 

by  likewise  delivering  to  and  leaving  with -,  the  giaardian  of  said 

defendant,  a  copy  of  said  summons  attached  to  a  copy  of  said  complaint. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  California,  Code  Civ.  Proc,  sees.  411,  415. 

No.  3571.    Return,  and  Certificate  of  Service  upon  County,  City  or  Town. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 


I  hereby  certify  that  I  received  the  annexed  summons  on  the 


da}'  of  — ,  191 — ,  and  personally  served  the  same,  together  with  a 

copy  of  the  complaint  in  said  action,  on  ,  the  defendant  named  in 

said  summons,  by  delivering  to  and  leaving  with  ,  the  president  of 

the  board  of  supervisors  of  said  county  [or,  the  president  or  chairman 
of  the  council  or  trustees  of  the  defendant  city  or  town,  or  other  head 
of  the  legislative  department  thereof],  defendant,  personally,  on  the 

day  of ,  191 — ,  in  said  county  [or,  city  and  county],  of , 

a  copy  of  said  summons  and  a  copy  of  said  complaint. 

Dated  this day  of ,  191 — . 

[Official  signature.] 


Forais  3572-3574        Cowdery's  Form  Book.  1206 

No.  3572.    Affidavit  of  Service  upon  County,  City  or  Town. 
[Title  of  Coiu-t  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  over  the  age  of  eighteen,  and 

is  not  a  party  to  the  above-entitled  action ;  that  he  received  the  annexed 

summons  on  the day  of ,  19 — ,  and  personally  served  the  same, 

together  with  a  copy  of  the  complaint  in  said  action,  on  ,  the  de- 
fendant named  in  said  summons,  by  delivering  to  and  leaving  with , 

who  was  then  and  there  the  president  of  the  board  of  supervisors  [or 
president  of  the  council  or  trustees  or  other  head  of  the  legislative  de- 
partment thereof],  of  said  defendant,  personally,  on  the day  of , 

19—,  in  said  county  of ,  a  coi:)y  of  said  summons  attached  to  a  copy 

of  said  complaint. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  California,  Code  Civ.  Proc,  sees.  411,  415. 

No.  3573.    Return,  and  Certificate  of    Attempted  Service,  by  Sheriff, 

Where  Certificate  of  Residence  Has  Been  Filed. 
[Title  of  Court  and  Cause.] 

I  hereby  certify  that  I  received  the  annexed  summons  on  the  

day  of  ,  191 — ,  and  on  the  day  of  ,  191 — ,  I  attempted 

to  serve  it  on  the  defendant  described  therein  at  the  city  of  ,  in 

the  county  of  ,  in  said  state,  that  being  the  place  named  by  said 

defendant  in  his  certificate  of  residence  filed  in  the  office  of  the  county 

recorder  of  said  county  of ;  that,  in  order  to  serve  said  defendant, 

I  made  diligent  inquiry  of  merchants  and  others  engaged  in  the  sajne 
line  of  business  I  was  informed  said  defendant  was  engaged  in,  and 
also  carefully  examined  the  great  register  of  said  county  for  his  name, 

and  also  the  city  directory  and  telephone  directory  for  the  years  

and  ,  and  also  the  list  of  taxpayers  of  said  city  and  county,  and 

could  not  discover  his  name,  nor  any  name  resembling  it ;  ajul  that  said 
defendant  could  not  be  found  at  the  place  named  by  him  in  his  said 
certificate  of  residence. 

Dated  this day  of ,  191 — . 

[Official  signature.] 

No.  3574.    Affidavit  for  Publication  Where  Defendant  Resides  Out  of 

the  State. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above- 
entitled  action ;  that  a  verified  complaint  in  said  action  was  filed  with 


1207  Summons.  Form  3574 

the  clerk  of  said  court  on  the  day  of  ,  191 — ,  and  suinmons 

thereupon  issued;  but  that  said  defendant  resides  out  of  this  state,  and 
cannot,  after  due  dilir^ence,  be  found  therein  [or,  has  departed  from  the 
state;  or,  cannot,  after  due  diligence,  be  found  within  the  state;  or, 
conceals  himself  to  avoid  the  service  of  summons;  or,  is  a  foreign  cor- 
poration, having  no  managing  or  business  agent,  cashier,  or  secretary 
within  this  state] ;  and,  for  the  purpose  of  showing  due  diligence,  aifiant 
states  that,  for  the  purpose  of  finding  said  defendant  and  ascertaining 
his  place  of  residence,  he,  tlie  said  affiant,  has  made  due  and  diligent 
inquiry  of  and  among  the  relations,  former  neighbors,  friends,  business 
agents,  and  correspondents  of  the  defendant  [stating  the  names  of  the 
parties  inquired  of,  and  giving  particulars  of  the  inquiry],  and  is  in- 
formed by  ,  the  agent  of  the  defendant,  residing  in  the  county  of 

,  that  the  defendant  is  not  in,  and  does  not  reside  in,  this  state; 

but  that  he  is,  and  resides,  out  of  this  state,  and  that  his  present  place 

of  residence  is  at  ,  in  the  county  of  ,  state  of  ;  and  that 

affiant  has  made  diligent  inquiry  to  find  said  defendant,  but  cannot,  after 
due  diligence,  find  him  within  this  state; 

Tliat  a  cause  of  action  exists  against  the  defendant  in  respect  to  whom 
the  service  of  summons  is  to  be  made,  and  in  favor  of  the  plaintiff  [or, 
that  said  defendant  is  a  necessary  (or  proper)  party  defendant  to  said 
action],  as  shown  by  the  verified  complaint  on  file  in  said  action  [or,  if 
such  is  the  fact,  say:  "and  it  is  shov\ai  by  said  verified  complaint  on 
file  that  said  action  is  one  relating  to,  or  the  subject  of  which  is,  real 
or  personal  property  in  this  state,  in  which  such  person  defendant  [or 
foreign  corporation  defendant]  has  [or  claims]  a  lien  or  interest  [actual 
or  contingent  therein,  as  the  case  may  be],  or  in  which  the  relief  de- 
manded consists  wholly  [or  in  part]  in  excluding  such  person  defendant 
[or  foreign  corporation  defendant]   from  any  interest  therein." 

This  affiant  therefore  says  that  personal  service  of  said  summons  can- 
not be  made  on  said  defendant,  ,  and  prays  for  an  order  that  ser- 
vice of  the  same  may  be  made  by  publication. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — The  verified  complaint  on  file  is  the  more  appropriate  place  to 
show  whether  a  cause  of  action  exists,  and  reference  should  be  made,  in  the 
alfidavit,  to  the  verified  complaint  on  file  for  that  purpose.  If  such  reference 
is  not  made,  the  afiidavit  must  show  a  cause  of  action,  and  it  should  be  stated 
as  fully  in  the  affidavit  as  in  a  pleading.  The  complaint  is  also  the  proper 
place  to  show  to  what  the  action  relates,  and  the  nature  of  the  relief 
demanded;  and  reference  should  he  made,  in  the  afifidavit,  to  the  verified 
complaint  on  file,  for  such  purposes.  If  such  reference  is  not  fnade,  the 
affidavit  must  show  the  nature  of  the  action  and  of  the  relief  demanded. 
If  a  crtuse  of  action  can  be  stated  in  the  affidavit  for  publication,  it  can 
be  stated  in  the  complaint.  There  is  no  reason  why  the  afiidavit  should 
be  more  carefully  drawn  than  the  complaint.  It  may  happen,  in  cases  where 
all  the  facts  showing  a  cause  of  action  are  not  stated  in  the  aflSdavit,  that, 
after  the  publication,  the  court  will  sustain  a  demurrer  to  the  complaint 
referred  to  in  the  affidavit,  on  the   ground  that  it   does  not  state  facts  suffi- 


Form  3575  Cowdery's  Form  Book.  1208 

cient  to  constitute  a  craise  of  action,  in  which  case,  although  the  complaint 
is  amended,  the  afiBdavit  would  fall  because  there  was  no  action  pending 
at  the  time  the  affidavit  was  filed.  But  the  best  procedure  is  to  see  that 
the  cause  of  action  is  stated  in  the  complaint.  The  above  form  may  also 
be    used    in   justices'    courts:     See   Cal.    Code    Civ.    Proc,    sec.    849. 

No.   3575.     Order   for  Publication  Where  Defendant  Resides   Out   of 

the  State. 
[Title  of  Court  and  Cause.] 

Upon  reading  and  filing  the  affidavit  of  ,  and  it  satisfactorily 

appearing  therefrom  that  defendant,  ,  resides  out  of  this  state  [or, 

has  departed  froiii  this  slate;  or,  cannot,  after  due  diligence,  be  found 
within  this  state;  or,  conceals  himself  to  avoid  the  service  of  summons; 
or,  is  a  foreign  corporation  having  no  managing  or  business  agent, 
cashier,  or  secretary  v/ithin  this  state;  or  as  the  fact  may  be],  and  can- 
not, after  due  diligence,  be  found  within  this  state,  and  it  also,  appearing 
by  sucli  affidavit  [or,  by  the  verified  complaint  on  file,  or  both],  that 
a  good  cause  of  action  exists  in  this  action  against  the  said  defendant, 

and  in  favor  of  tlie  plaintiff  [or,  that  said  defendant, ,  is  a  necessary 

and  proper  party  defendant  to  said  action;  or,  that  said  action  is  one 
which  relates  to,  or  the  subject  of  which  is,  real  or  personal  property 
in  this  state,  and  in  which  such  person  defendant  (or  foreign  corporation 
defendant)  has  (or  claims)  a  lien  or  interest  (actual  or  contingent 
therein,  as  the  ease  may  be),  or,  in  which  the  relief  demanded  consists 
v.iiolIy  (or  in  part)  in  excluding  such  person  defendant  (or  foreign  cor- 
poration defendant)  from  an^-^  interest  therein]  ;  and  it  furtlier  ai^pear- 
ing  that  a  summons  has  been  duly  issued  out  of  said  court  in  this  action, 
and  that  personal  service  of  the  same  cannot  be  made  upon  the  said 

defendant, ,  for  the  reasons  hereinbefore  contained,  and  by  the  said 

affidavit  made  to  appear;  it  is  ordered,  on  motion  of ,  attorney  for 

the  plaintiff,  that  the  service  of  the  sammons  in  this  action  be  made 
upon  the  defendant,  ,  by  publication  thereof  in  the  ,  a  news- 
paper published  in  said  county  of ,  hereby  designated  as  the  news- 
paper most  likely  to  give  notice  to  said  defendant;  and  that  such  pub- 
lication be  made  at  least  once  a  week  for  two  months. 

And  it  further  in  like  manner  satisfactorily  ajjpearing  to  me  that  the 

residence  of  said  defendant  is  knov/n  to  be  at  the  city  of  ,  in  the 

county  of ,  state  of  ,  it  is  ordered  and  directed  that  a  copy  of 

the  summons  and  complaint  in  this  suit  be  forthwitli  deposited  in  the 

United  States  postoflfice,  in  the  county  of ,  postpaid,  directed  to  said 

defendant  at  his  said  place  of  residence. 

Dated ,  191—. 

[Signature.] 

NOTE. — An  order  made  for  the  reason  that  defendant  cannot  be  served 
because  he  resides  out  of  the  state  should  contain  the  words  "and  cannot, 
after  due  diligence,  be  found  within  the  state"  (although  this  fact  would 
of  itself  justify  an  order  for  the  publication  of  summons),  as  it  is  possible 
for  a  nonresident  to  be  within  this  state  so  as  to  be  served  with  summons, 
if  found  here.  The  above  form  may  also  be  used  in  justices'  courts:  See 
Cal.    Code    Civ.    Proc,    sec.    849. 


120.'^  Summons.  Form  3576 

No.  3576.    Affidavit  for  Publication  Where  Defendant  cannot  be  Found 
Within  the  State. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above- 
entitled  action;  that  a  verified  complaint  in  said  action  was  filed  with 

the  clerk  of  said  court  on  the  day  of  ,  19—,  and  summons 

thereupon  issued;  but  that  said  defendant  cannot  after  due  diligence  be 
found  Avithin  this  state;  and  for  the  purpose  of  showing  due  diligence, 
affiant  states  that,  for  the  purpose  of  finding  said  defendant  and  ascer- 
taining his  place  of  residence,  he,  the  said  affiant,  has  made  due  and 
diligent  inquiry  of  and  among  the  relations,  former  neiglibors,  friends, 
business  agents  and  correspondents  of  the  defendant,  residing  in  the 

county  of  ;  that  the  defendant  is  not  in,  and  does  not  reside  in, 

this  state,  but  that  he  is  and  resides  out  of  this  state,  and  that  his  present 

place  of  residence  is  at ,  in  the  county  of ,  state  of ;  and 

that  affiant  has  made  diligent  inquiry  to  find  said  defendant,  but  cannot, 
after  due  diligence,  find  him  within  this  state. 

That  a  cause  of  action  exists  against  the  defendant  in  respect  to  whom 
the  service  of  summons  is  to  be  made,  and  in  favor  of  the  plaintiff,  as 
shown  by  the  verified  complaint,  on  file  in  said  action. 

That  there  has  not  been  filed,  on  behalf  of  such  defendant,  in  the 
county  where  said  action  was  brought  and  is  pending,  the  certificate  of 
residence  provided  for  by  law  [or,  that  there  has  been  filed,  on  behalf 
of  such  defendant,  in  the  county  (or  city  and  county)  where  said  action 
was  brought  and  is  pending,  the  certificate  of  residence  provided  for  by 
law,  but  that  defendant  cannot  be  found  at  the  place  named  in  said 
certificate]. 

This  affiant  therefore  says  that  personal  service  of  said  summons  can- 
not be  made  on  said  defendant, ,  and  prays  for  an  order  that  service 

of  the  same  may  be  made  by  publication. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE  —Affidavit  for  Pul)lication— In  General.— The  affidavit  for  publica- 
tion must  contain  some  evidence  that  has  a  legal  tendency  to  prove  that  the 
defendant  cannot  be  found  in  the  state  after  due  diligence.  But  a  state- 
ment of  facts  as  to  residence  and  actual  abode  of  defendant,  showing  that 
anv  search  for  him  within  the  state  would  be  unavailing,  is  sufficient:  Pike 
V    Kennedy,  15  Or.  420,  15  Pac.  637;  McDonald  v.  Cooper,  32  Fed.  745 

An  affidavit  for  publication  of  summons  should  show  whether  the  defend- 
ant is  a  resident  or  nonresident  of  the  state,  and  his  last  known  place  of 
residence,  or,  if  unknown,  such  fact  should  appear:  Mills  v.  Smiley,  9  Idaho, 
325,  76  Pac.  786. 


Forms  3577, 3578        Cowdkry's  Form  Book.  1210 

ITo.  3577.    Order  for  Publication  Where  Defendant  cannot  be  Found 

Within  the  State. 
[Title  of  Court  and  Cause.] 

Upon  reading  and  filing  the  affidavit  of  ,  and  it  satisfactorily- 
appearing  therefrom  that  the  defendant,  ,  cannot,  after  due  dili- 
gence, be  found  within  this  state;  and  that  there  has  not  been  filed,  on 
behalf  of  such  defendant,  in  the  county  where  said  action  was  brought 
and  is  pending,  the  certificate  of  residence  provided  for  by  law;  [or, 
that  there  was  filed,  on  behalf  of  such  defendant,  in  the  county  (or  city 
and  county)  where  said  action  was  brought  and  is  pending,  the  certifi- 
cate of  residence  provided  for  by  law,  but  that  said  defendant  cannot 
be  found  at  the  place  named  in  said  certificate]  ;  and  it  also  appearing 
by  such  affidavit  [or,  the  verified  complaint  on  file]  that  a  good  cause 
of  action  exists  in  this  action  against  the  said  defendant,  and  in  favor 
of  tlie  plaintiff;  and  it  further  appearing  that  a  summons  has  been  duly 
issued  out  of  said  court  in  this  action,  and  that  personal  service  of  the 
same  cannot  be  made  upon  the  said  defendant,  [or,  where  tlie  cer- 
tificate of  residence  has  been  filed  say,  instead  of  "and  by  the  said  affi- 
davit," etc.:  "and  as  appears  by  the  certificate  of  the  sheriff  of  tlio 
county  wherein  said  defendant  claims  residence  in  and  by  said  certifi- 
cate of  residence,  and  which  said  sheriff's  certificate  shows  that  service 
of  said  summons  was  attempted  upon  said  defendant  at  the  place  named 
in  said  certificate  of  residence,  but  that  said  defendant  was  not  to  be 
found  thereat"]  for  the  reasons  hereinbefore  contained,  and  by  the  said 

affidavit  made  to  appear;  it  is  ordered,  on  motion  of ,  attorney  for 

the  plaintiff,  that  the  service  of  the  summons  in  this  action  be  made 
upon  the  defendant,  ,  by  publication  thereof  in  the  ,  a  news- 
paper published  in  said  county  of ,  hereby  designated  as  the  news- 
paper most  likely  to  give  notice  to  said  defendant;  and  that  such  pub- 
lication be  made  at  least  once  a  v.cek  for  two  months. 

And  it  furtlio.r  in  like  manner  satisfactorily  appearing  to  me  that  the 

residence  of  said  defendant  is  known  to  be  at  the  city  of  ,  in  the 

county  of ,  state  of ,  it  is  ordered  and  directed  that  a  copy  of 

the  summons  and  complaint  in  this  suit  be  forthwith  deposited  in  the 

United  States  postoffice,  in  the  county  of ,  postpaid,  directed  to  said 

defendant  at  his  said  place  of  residence. 

Dated ,  19—. 

[Signature.] 

No.  S578.    AiRdavlt  that  Defendant  is  Concealing   Himself   to  Avoid 

Service. 
[Title  of  Court  and  Cause.] 

State  of -, 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  plaintiff  in  the  above- 
entitled  action;  that is  a  necessary  defendant  in  said  action;  that 


1211  Summons.  Form  3579 

the  said  has  not  been  served  with  summons  herein,  nor  has  he 

appeared;  that  the  place  of  residence  of  the  said is ,  and  that 

his  place  of  business  is  at  ;  but  that  he  cannot  be  found  either 

at  his  place  of  residence  or  at  his  place  of  business  [or,  if  his  place  of 
residence  or  place  of  business  cannot  be  ascertained,  say :  "that  affiant, 
for  the  purpose  of  finding  said  defendant,  has  made  diligent  inquiry 
[stating  of  whom,  particularly  of  wife,  or  relatives,  or  among  neighbors, 
and  in  places  where  information  as  to  his  whereabouts  might  be  ob- 
tained], and  has  been  unable  to  ascertain  where  he  can  be  found"]; 
and  that  he  is  concealing  himself  to  avoid  the  service  of  summons. 

Wherefore  affiant  requests  the  court  to  order  said  summons  to  bo 
served  by  posting  and  mailing  as  by  law  provided. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  Bees.  412,  849. 

No.  3579.    Affidavit  of  Mailing  Copy  of  Summons. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

^  of  said  county,  being  duly  sworn,  says  that  he  is  over  the  age 

of  eighteen,  and  is  not  a  party  to  the  above-entitled  action ; 

That  on  the day  of ,  191—,  the  complaint  in  said  action  was 

filed,  and  afterward,  to  wit,  on  the  day  of  ,  191—    an  order 

was  made  by  the  court  for  the  publication  of  the  summons  m  said 
action,  and  also  a  further  order  that  a  copy  of  said  complaint  and  a 
fcopy  of  said  summons  should  be  forthwith   deposited  in  the  United 

States  postoffice,  at  ,  in   said  county  and  state,   directed  to   the 

defendant, ,  in  said  action,  at  his  place  of  residence,  to  wit,  number 

street,  in  the  city  of ,  county  of  ,  state  of ;  that 

forthwith,  to  wit,  on  the  day  of  ,  191-   and  in  pursuance  of 

the  said  order  of  the  court,  he,  the  said  affiant,  deposited  m  the  United 

States  postoffice,  at  the  city  of  ,  county  of  ,  state  of  — -,  a 

copy  of  the  said  summons  and  a  copy  of  the  said  complaint,  inclosed 

in  a  sealed  envelope,  directed  to ,  the  said  defendant,  at  number  — 

street,  in  the  city  of ,  county  of ,  state  of ,  the  place 

of  his  residence  as  aforesaid,  and  paid  the  postage  thereon  m  advance; 
and  that  there  is  a  regular  communication  by  the  United  States  mai.s 
from  said  postoffice  of  deposit  thereof,  as  aforesaid,  to  said  defendant's 

said  place  of  residence. 

[Signature.] 

Subscribed  and  sworn  to  [etc.].  _ 

[Official  signature.] 

NOTE.— See   Cal.   Code   Civ.   Proc,   sees.   413.   415.   10r2,    1013. 


Forms  3580, 8581        Cowdery's  Form  Book.  1212 

No.  3580.    Affidavit  of  PuTjlication. 

[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  of  said  county,  being  duly  sworn,  says  that  he  is  over  the  age 

of  eighteen,  is  competent  to  be  a  witness  on  the  trial  of  the  above- 
entitled  action,  and  is  not  a  party  thereto;  that  he  is,  and  at  all  times 
embraced  in  the  publication  herein  mentioned  was,  the  printer  [or,  prin- 
cipal clerk  (or  foreman)  of  the  printer]  of  the  ,  a  daily  news- 
paper printed,  published,  and  circulated  in  the  said  county;  that  a 
summons,  of  which  the  annexed  is  a  true  printed  copy,  was  published 
in  the  above-named  newspaper  on  the  following  dates,  to  wit:—- — ; 
being  for  a  period  of  once  a  week  for  not  less  than  two  months. 

[Signature.] 

Subscribed  and  sworn  to  [etc.], 

[Official  signature.] 

NOTE.— See  Alaska,  Comp.  Laws  1913,  sees.  879-880;  Arizona,  Rev. 
Stats.  (Civ.  Code  1913),  sec.  453;  California,  Code  Civ.  Proc,  sec.  413; 
Colorado,  Mill's  Ann,  Code,  sec.  43;  Hawaii,  Rev.  Code  1915,  sees.  2356, 
2357;  Idaho,  Rev,  Codes  1907,  sec.  4145;  Kansas,  Gen.  Stats.  1915,  sec. 
6970;  Montana,  Rev,  Codes  1907,  sec.  6526;  Nebraska,  Rev,  Code  1913,  sec. 
7643;  Nevada,  Rev.  Laws  1912,  sec.  5032;  New  Mexico,  Stats.  Ann.  1915, 
sec.  4095;  North  Dakota,  Comp.  Laws  1913,  sec.  7436;  Oklahoma,  Harris  & 
Day's  Code  1910,  sec,  4725;  Oregon,  Lord's  Oregon  Laws,  see.  62;  South 
Dakota,  Comp.  Laws  1913,  sec.  4903;  Utah,  Comp.  Laws  1907,  sec.  2952; 
Washington,  Rem,  Code,  sec,  237;  Wyoming,  Comp,  Stats.  1910,  sec.  4370. 

No.  2581.    Summons  to  Corporation — Justice's  Court. 

State  of , 

County  of ,  ss. 

The  People  of  the  State  of to  the . 

You  are  hereby  summoned  to  appear  before  me,  at  

answer  a  cliarge  made  against  you  upon  the  information  of 

Dated  at  the  city  of ,  this day  of ,  191—. 

[Ofiicial  signature,] 

NOTE.-— California,  Pen.  Code,  sec.  1427, 

Wliere  it  appears  that  the  offense  complained  of  has  been  committed  by 
a  corporation,  no  warrant  of  arrest  need  issue;  but  the  justice  or  police 
iu.lge  must  issue  a  summons  as  above.  Such  summons  miist  be  served  at 
least  five  days  before  the  day  of  appearance  fixed  therein,  by  delivering  a 
copy  thereof  and  showing  the  original  to  the  president  or  other  head  of  "the 
corporation,  or  to  the  secretary,  cashier,  or  managing  ngent  thereof.  At  the 
time  named  in  the  summons,  the  corporation  mayajipear  by  counsel  and 
answer  the  complaint.  If  it  does  not  appear,  a  plea  of  not  guilty  must  be 
entered,  and  the  same  proceedings  had  therein  as  in  other  cases.  If  the 
charge  has  been  made  upon  "presentment  of  the  grand  jury  of  the  county," 
the  case,  of  course,  is  an  "examination  case,"  not  triable  before  the  justice 
or  police  judge,  and  is  disposed  of  as  other  cases  on  preliminary  examination. 


1213  Summons.  Forms  3582-3584 

No.  3582.     Summons  to  Corporation  for  Violation  of  City  Ordinance- 
Justice's  Court — Utah. 

State  of , 

County  of . 

[Title  of  Court  and  Cause.] 
The  State  of  to  the 


You  are  hereby  summoned  to  be  and  appear  before  the  above-entitled 

court,  at  the  courtroom  thereof,  on  the  day  of ,  191 — ,  at  tlie 

hour  of  o'clock  A.  M.,  then  and  there  to  answer  a  charge  made 

against  you  upon  the  complaint  of ,  for ,  a  copy  of  which  com- 
plaint is  hereto  attached. 

Dated  tliis  day  of  ,  191 — . 

Witness  the  Honorable ,  judge  of  said  court. 

,  Clerk. 

By ,  Deputy  Clerk. 

NOTE.— Utah,   Comp.  Laws   1907,   sec.   212x1. 

No.  3583.     Summons  to  Juror. 
[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Napa, — ss. 

ToR.  R.: 

You  are  hereby  summoned  to  appear  in  the  superior  court  of  the 
county  of  Napa,  state  of  California,  at  the  opening  of  the  regular  session 
thereof,  at  the  courtroom  of  said  court,  in  the  courtliouse  in  said  county, 
on  the  eighth  day  of  September,  1917,  at  10  o'clock  A.  M.,  to  serve  as 
a  trial  juror,  and  herein  fail  not. 

Dated . 

[Signature.] 

NOTE. — For  courts  of  record,  see  Cal.  Code  Civ.  Proc,  sees.  225-228. 
For  courts  not  of  record,  Code  Civ.  Proc,  sees.  230-232.  To  complete  panel, 
Code  Civ.  Proc,  237.  For  inquests,  Code  Civ,  Proc,  235.  To  serve  one 
year,  Code  Civ.  Proc,  sec.  210, 

No.  3584.     Smmnons — Alaska — Justice  of  the  Peace. 
In  the  Commissioner's  Court,  Territory  of  Alaska,  Judicial  Divi- 
sion,   Precinct. 

Before  Commissioner  and  Ex-oflficio  Justice  of  the  Peace. 

No. .     Summons. 

,  Plaintiff,     "I 

vs.  ^ 

,  Defendant.  J 

The  Territory  of  Alaska,  to  ,  the  Above-named  Defendant: 

You  are  hereby  summoned  to  appear  before  the  undersigned,  commis- 
sioner and  ex-officio  justice  of  the  peace,  in  precinct,  in  said  divi- 


Form  3600                   Cowpery's  Form  Book.  1214 

ion  and  territory,  on  the  day  of ,  19 — ,  at  the  hour  of 


o'clock  in  the noon  of  said  day,  at  the  office  of  said  commissioner 

in   said  precinct,   at  and  answer  the  complaint   of   the   plaintiff, 

founded  upon   [a  written  instrument,  note  or  account,  or  for  trespass 
or  injury  to  property,  or  any  similar  statement,  as  the  case  may  be] . 

And  in  case  of  your  failure  to  appear  and  answer  the  plaintiff's  com- 
plaint at  the  time  and  place  aforesaid,  judgment  will  be  entered  against 
you  for and  costs  and  disbursements  of  this  action. 

Given  under  my  hand  this day  of ,  19 — . 

f 
Commissioner  and  Ex-ofificio  Justice  of  the  Peace. 


SUPPLEMENTAL  PLEADINGS. 

8600.     Supplemental  answer. 

No.  3600.     Supplemental  Answer. 
[Title  of  Court  and  Cause.] 

Now  comes  the  defendant  by  its  attorneys,  by  leave  of  the  court  first 
obtained,  and  files  this,  its  supplemental  answer,  and  avers  and  shows 
that  heretofore,  to  wit,  on  the  twenty-ninth  day  of  March,  A.  D.  1880, 
and  since  the  trial  of  this  cause,  the  plaintii'f,  James  A.  Seehorn,  has 
made  and  delivered  to  this  defendant,  for  a  valuable  consideration,  a  full 
release,  discharge  and  satisfaction  of  all  claims  and  demands,  of  every 
name  and  kind,  between  this  plaintiff  and  the  defendant,  and  especially 
a  full  release,  discharge  and  satisfaction  of  all  claims  and  demands 
averred  in  this  amended  complaint  of  plaintiff  on  file  in  this  court  in 
this  cause. 

Wherefore  defendant  prays  that  this  action  be  dismissed. 

Paul  W.  Bennett, 
Frank  Owen, 
T.  W.  W.  Davies, 
Attorneys  for  Defendant. 

NOTE. — Precedent  in  Seehorn  v.  Big  Meadows  etc.  Koad  Co.,  60  Cal.  242. 


1215  Supplementary  PKuuiin-umus.  Form  3olO 


SUPPLEMENTARY  PROCEEDINGS. 

C610.    Affidavit  to  obtain   order  for  examination  of  judgment  debtor  In 
supplementary  proceedings. 

3611.  Order    that    judgment    debtor    appear    and    answer    concerning    his 

property. 

3612.  Affidavit  to  obtain   order  for  examination  of  debtor  of  jud?nient 

debtor,  or  of  his  bailee. 

3613.  Order  for  examination  of  debtor  of  judgment  debtor,  or  of  his  bailee. 

3614.  Order  that  property  of  judgment  debtor  be  applied  to  satisfaction  of 

judgment. 

3615.  Order  forbidding  transfer  of  property  alleged  to  belong  to  judgment 

debtor,  or  upon  denial  of  indebtedness  to  him. 

3616.  Return  of  service  of  order. 

3617.  Undertaking  of  judgment  debtor  to  appear  and  answer  in  supple- 

mentary proceedings. 

No.  3610.    Affidavit  to    Obtain   Order  for  Examination   of   Judgment 

Debtor  in  Supplementary  Proceedings. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  SAvorn,  says  tbat  he  is  the  judgment  creditor  in  the 

above-entitled  action;  that  judgment  was  recovered  therein  on  tlie  

day  of  ,  19—,  by  plaintiff  therein,  against  said  defendant,  for  the 

sum  of dollars  ($- — ),  with  interest  and  costs;  that  said  judgment 

was  entered  and  docketed  in  the  office  of  the  clerk  of county,  state 

of  ,  on  the  day  of ,  19 — ;  that  afterward,  to  Avit,  on  the 

day  of ,  19 — ,  an  execution  issued  against  the  proiJcrty  of  said 

judgment  debtor,  directed  and  delivered  to  the  sheriff  of  the  county  of 

,  the  county  where  the  said  judgment  debtor  resided  at  the  time  of 

the  issuing  of  said  execution,  and  still  so  resides;  that  the  said  sheriff 
has  returned  the  said  execution  unsatisfied;  that  said  judgment  and  exe- 
cution are  still  in  full  force  and  effect;  that  said  judgment  remains 
wholly  unpaid;  that,  as  affiant  is  informed  and  believes,  and  therefore 
states  the  fact  to  be,  said  judgment  debtor  has  property  in  his  posses- 
sion and  under  his  control,  not  exempt  from  execution,  which  he  unjustly 
refuses  to  apply  to  the  satisfaction  of  said  judgment  and  execution  I  and 
that  there  is  danger  of  said  judgment  debtor  absconding]. 

Wherefore  affiant  prays  that  an  order  may  issue  requiring  said  judg- 
ment debtor  to  appear  at  a  time  and  place,  and  before  a  person,  specified 
in  said  order,  and  answer  concerning  his  property. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  1128;  Arizona,  Rev.  Stats.  (Civ. 
Code  1913),  sees.  1383-1392;  California.  Code  Civ.  Proc,  sec.  712  et  seq.; 
Colorado,  Mill's  Ann.  Code,  sec.  245;  Idaho,  Rev.  Codes  1907,  sec.  4505 
et  seq.;  Kansas,  Gen.  Stats.  1915,  sec.  7428  et  seq.;  Montana,  Rev.  Codes 


Form  361]  Cowdfry's  Form  Book,  1216 

1907.  sec'.  6848  ct  seq.;  Nebraska.  Rev.  Code  1913.  see.  8111  et  seq.;  Nevada, 
Rev.  Laws  1912,  sees.  5307-5314;  New  Mexico,  Stats.  Ann.  1915,  Bee.  2214; 
North  Dakota,  Conip.  Laws  1913,  sec.  7777  et  seq.;  Oklahoma,  Harris  & 
Day's  Code  1910,  sees.  5190-5193;  Oregon,  Lord's  Oregon  Laws,  sees.  253, 
254;  South  Dakota,  Comp.  Laws  1913,  sec.  5174  et  seq.;  Utah,  Comp.  Laws 
1907,  sec.  3272  et  seq.;  "Washington,  Rem.  Code,  see.  613  et  seq.;  Wyoming, 
Comp.  Stats.  1910,  sec.  4794. 

No.  3611.    Order  that  Judgment  Debtor  Appear  and  Answer  Concern- 
ing His  Property. 
[Title  of  Court  and  Cause.] 

It  appearing  to  me  by  the  affidavit  of ,  the  plaintiff  and  judgment 

creditor  in  the  above-entitled  action,  that  judgment  was  recovered  in 

said  action,  against  the  above-named  defendant,  on  the day  of , 

19 — ,  for  the  sum  of dollars  ($ ),  with  interest  and  costs;  that 

said  judgment  was  entered  and  docketed  in  the  office  of  the  clerk  of 

county  [or,  was  entered  and  docketed  in  the  office  of ,  justice 

of  the  peace  of township,  county  of ,  state  of ],  state  of 

• ,  on ,  19 — ;  that  an  execution  against  the  property  of  the  judg- 
ment debtor  was,  on  the day  of ,  19 — ,  duly  issued  to  the  sheriff 

of  the  county  of ,  the  county  where  the  said  judgment  debtor  resided 

at  the  time  of  the  issuing  of  the  said  execution,  and  still  so  resides  [or, 
if  he  does  not  reside  in  the  state,  that  execution,  etc.,  was  issued  to  the 
sheriff  (or  constable)  of  the  county  (or  city  and  county)  "where  the 
judgment-roll  is  filed," — that  is,  in  the  county  (or  city  and  county)  where 
the  judgment  was  entered  and  docketed] ;  that  the  said  sheriff  has 
returned  the  said  execution  unsatisfied  in  whole;  that  said  judgment 
remains  unpaid  in  whole ;  and  that  said  judgment  debtor  has  property 
in  his  possession  and  under  his  control  which  he  unjustly  refuses  to 
apply  toward  the  satisfaction  of  said  judgment: 

I  do  hereby  order  and  require ,  the  said  judgment  debtor,  to  ap- 
pear before  me,  at ,  on  the day  of ,  19 — ,  at  o'clock 

A.  M.  [or,  before ,  referee,  hereby  appointed  by  me  for  such  exam- 
ination, at  his  office, (designating  where)]  of  said  day,  and  on  such 

further  days  as  I  or  said  referee  sliall  name,  to  make  discovery  on  oath 
concerning  his  property;  and  said  judgment  debtor  is  hereby  forbidden 
in  the  meantime  from  disposing  of  any  of  his  property  not  exempt  from 
execution. 

Dated  this  day  of  ,  19 — . 

[Signature.] 

NOTE. — If  the  application  is  made  on  the  return  of  an  execution  unsatis- 
fied in  whole  or  in  part,  no  affidavit  is  really  necessary,  and  the  recital  may 
be  as  follows:  "It  satisfactorily  appearing  from  the  records  in  the  above- 
entitled  action  that  an  execution  against  the  property  of  ,  the  judg- 
ment debtor  in  said  action,  has  been  issued  to  the  sheriff  of  the  county 
[or  constable  of  the  township]  where  he  resides,  and  has  been  returned  un- 
satisfied in  whole  [or  in    part],"  etc. 

If  the  judgment  debtor  does  not  reside  in  the  county  wherein  judgment 
was  rendered,  an  abstract  of  the  judgment,  in  the  form  prescribed  by  statute, 


1217  Supplementary  Proceedings.     Forms  3612,  3613 

may  be  filed  in  the  office  of  the  justice  of  any  town,  township  or  city  w!:crcin 
the  defendant  resides,  and  such  justice  may  issue  execution  on  such  judgment, 
and  may  take  and  exercise  such  jurisdiction  in  proceedings  supplemental  to 
execution,  as  if  such  judgment  were  originally  entered  in  this  court:  See  Cal. 
Code  Civ.  Proc,  sec.  905. 

No.  3612.    Affidavit  to   Obtain  Order   for  Examination  of  Debtor   of 

Judgment  Debtor,  or  of  His  Bailee. 
[Title  of  Court  and  Cause.] 

State  of , 

County  of ,  ss. 

,  being  duly  sworn,  says  that  he  is  the  judgment  creditor  in  the 

above-entitled  action;  that  judgment  was  recovered  therein,  ou  the 

day  of  ,  19 — ,  by  plaintiff  therein  against  said  defendant,  for  the 

sum  of  dollars  ($ ),  with  interest  and  costs;  that  said  judg- 
ment was  entered  and  docketed  in  the  office  of  the  clerk  of  said  court, 

on  the day  of ,  19 — ;  that  afterward,  to  wit,  on  the day 

of ,  19—,  an  execution  issued  against  the  property  of  said  judgment 

debtor,  directed  and  delivered  to  the  sheriff  of  the  county  of  ,  the 

county  where  the  said  judgment  debtor  resided  at  the  time  of  the  issu- 
ing of  said  execution,  and  still  so  resides;  that  the  said  sheriff  has  re- 
turned the  said  execution  unsatisfied  in  whole;  that  said  judgment  is 
still  in  full  force,  effect  and  virtue  and  remains  wholly  unpaid;  that, 
as  affiant  is  informed  and  verily  believes,  and  therefore  states  the  fact 

to  be,  has  property  of  said  judgment  debtor  in  his  possession  or 

under  his  control,  in  an  amount  exceeding  the  sum  of  fifty  dollars  ($50) 

in  value  [or,  that (naming  a  person  or  corporation  indebted  to  tlie 

judgment  debtor),  is  indebted  to  such  judgment  debtor  in  an  amount 
exceeding  fifty  dollars  ($50)]. 

Wherefore  affiant  prays  that  an  order  issue  requiring  the  said  

[naming  the  person  or  corporation,  or  any  officer  or  member  thereof, 
who  is  to  be  examined]  to  appear  at  a  time  and  place,  and  before  a  per- 
son, specified  in  said  order,  and  answer  concerning  any  property  in  his 
possession  or  under  his  control  belonging  to  said  judgment  debtor. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Official  signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  714,  717,  905;  Idaho,  Rev.  Codes 
1907,  sec.  4507;  Montana,  Rev.  Codes  1907,  sees.  6851,  7064;  Utah,  Comp. 
Laws  1907,  sec.  3274. 

No.  3G13.    Order  for  Examination  of  Debtor  of  Judgment  Debtor,  or  of 

His  Bailee. 
[Title  of  Court  and  Cause.] 

It  appearing  to  me,  by  the  affidavit  of ,  the  plaintiff  in  the  above- 
entitled  action,  that  judgment  was  recovered  in  said  action  against  the 

Form  Book — 77 


Form  3614  Cowdery's  Form  Book.  1218 

above-r:a!!icd  defendant,  on  the  daj'  of  ,  19 — ,  for  the  sum  of 

dollars   ($ ),  with  interest  and  costs;  that  said  judgment  was 

entered  and  docketed  in  the  office  of  the  clerk  of  the  county  [or,  was 

entered  and  docketed  in  the  office  of  ,  justice  of  the  peace  of 

township,  county  of ,  state  of ]  of  — — ,  state  of ,  on , 

19 — ;  that  an  execution  against  the  property  of  the  judgment  debtor 

was,  on  the  day  of  ,  19 — ,  duly  issued  to  the  sh.eriff  of  the 

county  of  ,  the  county  where  the  said  judgment  debtor  resided  at 

the  time  of  the  issuing  of  the  said  execution,  and  still  so  resides  [or,  if 
he  does  not  reside  in  the  state,  that  execution,  etc.,  was  issued  to  the 
sheriff  (or  justice  of  the  peace)  of  the  county  (or  city  and  county) 
"where  the  judgment-roll  is  Sled," — that  is,  in  the  county  (or  city  and 
county)  where  the  judgment  was  docketed] ;  that  the  said  sheriff  has 
returned  the  said  execution  unsatisfied  in  wiiole;  that  said  judgment 

remains  unpaid  in  whole;  and  that  has  property  of  such  judgment 

debtor  in  an  amount  exceeding  fifty  dollars  ($50)  [or,  that (naming 

a  person  or  incorporation  indebted  to  the  judgment  debtor)  is  indebted 
to  such  judgment  debtor  in  an  amount  exceeding  fifty  dollars  ($50)]. 

I  do  hereby  order  and  require  the  said to  appear  before  me,  [or, 

before  ,  referee,  hereby  appointed  by  me  for  such  examination,  at 

his  office,  (designating  where)]  at ,  on  the  day  of  , 

19 — ,  at o'clock  A.  M.  of  said  day,  and  on  such  further  days  as  I 

or  said  referee  shall  name,  to  answer  concerning  the  property  of  the 
judgment  debtor  by  him,  the  said  ,  so  held. 

Dated  this day  of ,  19 — . 

[Signature.] 

NOTE. — If  the  judgment  debtor  does  not  reside  in  the  county  wherein  judg- 
ment was  renilered.  an  abstract  of  the  judgment,  in  the  form  prescribed  by- 
statute,  may  be  tiled  in  the  office  of  the  justice  of  any  town,  township,  or  city 
wherein  the  defendant  resides,  and  such  justice  may  issue  execution  on  such 
judgment,  and  may  take  and  exercise  such  jurisdiction  in  proceedings  supple- 
mental to  execution,  as  if  such  judgment  were  originally  entered  in  his  court: 
See  Cal.  Code  Civ.  Proc,  sec.  905. 

No.  3614.     Ordor  that  Property   of  Judgment   Debtor  be   Applied  to 

Satisfaction  of  Judgment. 
[Title  of  Court  and  Cause.] 

It  appearing  from  the  examination  of ,  that  he  has  in  his  posses- 
sion one  hundred  tons  of  hay  belonging  to  the  said  judgment  debtor, 

And  no  part  of  said  hay  being  exempt  from  executon,  and  that  said 

has  no  claim  against,  or  lien  upon,  said  haj',  except  for  its  storage: 

It  is  ordered  that  he,  the  said  ,  immediately  deliver  said  hay  to 

the  sheriff  of  said  county,  to  be  applied  toward  the  satisfaction  of  the 
judgment  in  the  above-entitled  action,   upon  the  payment   to  him,  the 

said  ,  of  the  sum  of  dollars  ($ ),  his  accrued  charges  for 

the  storage  of  said  hay  up  to  the  date  of  this  order. 

Dated ,  19—. 

[Signature.] 


1219  Supplementary  Proceedings.    Forms  3615-3617 

NOTE.— California,  Code  Civ.  Proc,  sees.  719,  905;  Arizona,  Rev.  Stats. 
1913,  pars.  1386-1390;  Montana,  Rev.  Codes  1907,  sees.  6853,  7064;  Washing- 
ton, Rem.  Code,  sec.  620. 

No.  3615.     Order  Forljiclding  Transfer  of  Property  Alleged  to  Belong  to 
Judgment  Debtor,  or  upon  Denial  of  Indebtedness  to  Him. 

[Title  of  Court  and  Cause] 

It  appearing  that  judgment  has  been  rendered  in  the  above-entitled 
action  in  favor  of  the  plaintiff  and  against  the  defendant,  for  the  sum 

of  dollars   ($ ) ;  that  execution  has  issued  thereon ;  and  that 

is  alleged  to  have  property  of  the  defendant,  the  judgment  debtor 

[or,  is  alleged  to  be  indebtod  to  the  judgment  debtor]  but  that  said 

claims  an  interest  in  said  property  adverse  to  the  judgment  debtor : 

I  hereby  order  and  forbid  a  transfer  or  other  disposition  of  such  in- 
terest or  debt  until  an  action  can  be  commenced  by  the  judgment  creditor 
and  prosecuted  to  judgment. 

Dated  this day  of ,  19 — . 

[Signature.] 

NOTE.--California,  Code  Civ.  Proc,  sees.  720,  905;  Idaho.  Rev.  Codes  1907, 
sec.  4510;  Montana,  Rev.  Codes  1907,  sees.  6854,  7064;  Utah,  Corap.  Laws 
1907,  sec.  3277;  Washington,  Rem.  Code,  sec.  624. 

No.  3616.    Return  of  Service  of  Order. 

State  of , 

County  of ,  ss. 

I  hereby  certify  that  I  served  the  within  order,  personally,  by  deb'vcr- 

ing  a  true  copy  thereof  to ,  the  person  to  wlioju  the  same  is  directed, 

on  the day  of ,  19—,  at township,  in  the  county  of , 

state  of . 

Dated  this  day  of ,  19—. 

[Signature.] 

Fees,  . 


No.  3617.    Undertaking  of  Judgment  Debtor  to  Appear  and  Answer  in 

Supplementary  Proceedings. 
[Title  of  Court  and  Cause.] 

An  order  having  been  made,  on  the  day  of ,  19 — ,  by  , 

a  judge  of  the court  of  the  county  of ,  state  of ,  that , 

brought  before  said  judge  in  proceedings  supplementary  to  execution, 
o-ive  an  undertaking  that  he  will  attend  from  time  to  time  before  said 
judge  or  a  referee  appointed  by  him,  as  may  be  directed  during  tlic  pend- 
ency of  proceedings,  and  until  the  final  termination  thereof,  and  will  not 
in  the  meantime  dispose  of  any  portion  of  his  property  not  exempt  from 
execution : 

We,  ,  principal,  and  and  ,  sureties,  in  consideration  of 

the  premises,  hereby  undertake,  in  the  sum  of dollars  ($ ),  that 


Form  3630  Cowdery's  Form  Book.  1220 

the  above-named  will  attend  from  time  to  time  before  said  judge 

or  referee,  as  may  be  directed  during  the  pendency  of  said  supplementary 
proceedings  and  "until  the  final  termination  thereof,  and  will  not  in  the 
meantime  dispose  of  any  portion  of  his  property  not  exempt  from  execu- 
tion, and  that,  if  he  fails  to  perform  either  of  these  conditions,  we  will 

pay  to ,  the  judgment  creditor  in  said  proceedings,  the  said  sum  of 

• dollars  ($ ). 

Dated  this  day  of ,  19—. 

[Signatures.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  714,  715,  905;  Alaska,  Comp. 
Laws  1913,  sees.  1129,  1130;  Arizona,  Rev.  Stats.  1913,  pars.  1385,  1386;  Idaho, 
Kcv  Codes  1907,  sees.  4504,  4505;  Montana,  Rev.  Codes  1907,  sees.  6848,  6849, 
7064;  Utah,  Comp.  Laws  1907,  sees.  3272,  3273;  Washington,  Rem.  Code,  sees. 

613,  624.  ,       V     •   ^  •     *• 

In  default  of  entering  into  an  undertaking  ordered  by  the  judge  or  justice, 
the  judgment  debtor  may  be  eommitted  to  prison. 


SURRENDER. 

Surrender  of  Lease,  No.  2407. 

TAX  DEED. 

Tax  Deed,  No.  1436. 

TERMINATION  OF  LIFE  ESTATE. 

3630.  Petition  for  decree  showing  termination  of  life  estate. 

3631.  Decree  showing  termination  of  life  estate. 

No.  8630.    Petition  for  Decree  Showing  Termination  of  Life  Estate. 
[Title  of  Court.] 

The  petition  of respectfully  shows: 

That  is  the  owner  of  the  reversionary  interest  in  the  following 

described  real  property,  to  wit  [here  insert  description]  ;  that  — — ,  on 
the day  of ,  19 — ,  became  the  owner  of  an  estate  therein  dur- 
ing his  own  life ;  that  said died  on  or  about  the day  of . 

19_^  and  his  life  estate  in  said  premises  has  absolutely  terminated,  and 
petitioner  has  become  entitled  to  the  possession  of  said  premises: 

Wherefore  petitioner  prays  that  a  decree  of  this  court  be  made,  show- 
ing that  said is  now  deceased,  that  his  life  estate  in  said  premises 

has  terminated,  and  that  petitioner  is  the  owner  of  and  vested  with  the 
title  to  said  premises  and  entitled  to  the  possession  of  the  same. 

,  Petitioner. 

,  Attorney  for  Petitioner. 

[Verification.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  1705-1723;  Montana,  Rev.  Codes 
1907.    sec.    772]. 


1221  Termination  of  Life  Estate — Tradem.vbk.    Form  3631 

No.  3631.    Decree  Showing  Termination  of  Life  Estate. 
[Title  of  Court.] 

The  petition  of  coming  on  regularly  to  be  heard  this  day,  and 

the  court  having  heard  said  petition  and  the  evidence  offered  in  support 
thereof,  and  it  appearing  that had  a  life  estate  in  the  property  here- 
inafter described;  that  he  is  now  dead;  that  his  said  estate  has  abso- 
lutely terminated,  and  that  said  petitioner  is  the  owner  of  said  real  prop- 
erty, and  entitled  to  the  possession  thereof: 

It  is  therefore  ordered,  adjudged,  and  decreed,  that  the  life  estate  of 

has  absolutely  terminated  in  the  following  described  real  property, 

to  wit   [here  insert  description] ;  that  such  termination  of  said  estate 

has  been  caused  by  the  death  of  said ,  who  departed  this  life  on  the 

day  of ,  19 — ;  and  that  the  title  to  said  property  is  now  vested 

absolutely  in  said  , 

Dated  ,  19—. 

,  Judge  of  Superior  Court. 

TESTIMONY. 

Testimony  of  Applicant  on  Probate  of  Will,  Nos.  3964,  3967. 

Testimony  of  Subscribing  Witness,  No.  3965. 

Testimony  of  Witness  on  Probate  of  Will — Another  Form,  No.  3966, 

THIRD  PARTY  CLAIM. 

Third  Party  Claim,  No.  1666. 

TRADEMARK. 

3640.  Declaration  of  trademark. 

3641.  Application  for  registration  of  trademark. 

3642.  Application  by  a  firm  for  registration  of  trademark. 

3643.  Application  by  a  corporation  for  registration  of  trademark. 

3644.  Transfer  of  trademark. 

No.  3640.    Declaration  of  Trademark. 

State  of , 

County  of ,  ss. 

A.  B.,  being  duly  sworn,  deposes  and  says  that  he  is  the  applicant 
named  in  the  foregoing  statement;  that  he  verily  believes  that  the  fore- 
going statement  is  true;  that  he  has  at  this  time  a  right  to  the  use  of 
the  trademark  therein  described;  that  no  other  person,  firm  or  corpora- 
tion has  the  right  to  such  use,  cither  in  the  identical  form  or  in  any  such 
near  resemblance  thereto  as  might  be  calculated  to  deceive;  that  it  is 
used  by  him  in  eonnuerce  between  the  United  States  and  foreign  nations 

or  Indian  tribes,  and  particularly  with  ;  and  that  the  description 

and  facsimile  presented  for  record  truly  represent  the  trademark  sought 
to  be  registered. 

Sworn  to  and  subscribed  before  me,  a this day  of ,  19--- 

[ Signature  i 


Forms  3641, 3642         Cowdery  's  Form  Book.  1222 

No.  3641.    Application  for  Ecgistration  of  Trademark. 
To  All  Whom  It  may  Concern: 

Be  it  known  that  I,  ,  a  citizen  of  the  United  States,  residing  at 

,  in  the  state  of ,  and  doing  business  at  No. ,  on Street, 

in  said  city,  have  adopted  for  my  use  a  trademark  for  whisky,  of  which 
the  following  is  a  full,  clear  and  exact  specification: 

My  trademark  consists  of  the  word-symbol  "Moonshine."  This  has 
generally  been  arranged  as  shown  in  the  accompanying  facsimile,  which 
repi'esents  a  rude  still-house,  surrounded  by  hills  and  forests.  Three 
men  are  engaged  variously  about,  and  the  scene  is  illuminated  partly  by 
the  light  of  the  fire,  partly  by  the  moon  which  appears  in  the  heavens. 
Underneath  the  picture  appears  the  word  "Moonshine"  in  ornamental 
letters;  but  the  style  of  lettering  is  unimportant,  and  the  entire  picture 
may  be  omitted  or  changed  at  pleasure  withoiit  materially  affecting  the 
character  of  my  trademark,  the  essential  feature  of  which  is  the  arbi- 
trary word  "Moonshine." 

This  trademark  I  have  used  continuously  in  my  business  since  the 
day  of ,  19 — •.  The  class  of  merchandise  to  whicli  this  trade- 
mark is  appropriated  is  distilled  liquors,  and  the  particular  description 
of  goods  comprised  in  said  class  upon  which  I  use  it  is  whisky.  It  is 
my  practice  to  apply  my  trademark  to  the  bottles  containing  the  liquor 
by  means  of  suitable  labels,  on  which  it  is  printed  in  color  as  above  do- 
scribed.     The  word  is  sometimes  also  blown  into  the  bottles. 

[Two  witnesses.] 

No.  3642.    Application  by  a  Firm  for  Registration  of  Trademark. 
To  Ail  Whom  It  may  Concern : 

Be  it  known  that  we, &  Co.  a  firm  domiciled  in , county, 

state  of ,  and  doing  business  at  No. , Street,  in  said  city, 

have  adopted  for  our  use  a  trademark  for  men's  overalls,  of  which  the 
following  is  a  full,  clear  and  exact  specification: 

Our  trademark  consists  of  the  arbitrary  word  .  This  has  gen- 
erally been  arranged  as  shown  in  the  accompanying  facsimile,  in  whieli 
it  appears  in  plain  block  capitals,  printed  in  black,  in  a  horizontal  line. 
But  other  forms  of  type  may  be  emploj'ed,  or  it  may  be  differently 
arranged  or  colored,  without  materially  altering  the  character  of  our 
trademark,  the  essential  feature  of  which  is  the  word . 

This  trademark  has  been  used  continuously  in  business  by  us,  and  those 
from  whom  we  derive  our  title,  since  the of ,  19 — . 

The  class  of  merchandise  to  which  this  trademark  is  appropriated  is 
wearing  apparel,  and  the  particular  description  of  goods  comprised  in 
such  class  on  which  it  is  used  by  us  is  men's  overalls.  It  has  been  our 
practice  to  mark  our  trademark  on  the  inside  of  the  waistband  of  the 
goods  with  a  stencil,  or  to  print  it  upon  tags  whicli  are  secured  to  the 
goods  in  any  desired  manner. 


1223  Tradejiark.  Forms  3643, 3G44 

No.  3643.    Application  by  a  Corporation  for  Registration  of  Trademark. 

To  Whom  It  may  Concern: 

Be  it  known  that  the  Company,  a  corporation  ors^anized  under 

the  laws  of  the  state  of  ,  and  located  in  the  city  of  ,  

county,  in  said  state,  and  doing  business  in  said  city  of  ,  and  also 

at  ,  in  the  state  of  ,  has  adopted  for  its  use  a  trademark   tor 

wlieat  flour,  of  which  the  following  is  a  full,  clear  and  exact  specifi- 
cation : 

Tlie  trademark  of  said  company  consists  of  a  representation  of  a 
Rocky  Mountain  slier'])  and  the  words  "Big  Horn."  These  liave  gener- 
ally been  arranged  as  shown  in  the  accompanying  facsimile,  in  which 
the  animal  named,  popidarly  known  as  the  "Big  Horn,"  is  represented 
in  an  erect  attitude  upon  a  cliff  or  rock.  In  the  background  are  moun- 
tains covered  with  forests,  with  distant  white  peaks;  upon  the  sky  por- 
tion are  the  words  "Big  Horn,"  and  arranged  in  a  circle  about  the  whole 

are  the  words  Company,  in  plain  capital  letters.    But  these  words 

may  be  omitted,  and  the  various  accessories  of  the  picture  may  be  varied 
at  pleasure,  or  alto<rether  omitted,  without  materially  altering  the  char- 
acter of  the  said  trademark,  the  essential  feature  of  which  are  the  words 
"Big  Horn,"  and  the  representation  of  a  Rocky  Llountain  sheep. 

This  trademark  has  been  continuously  used  by  said  corporation  since 
about  the  middle  of  the  month  of ,  19 — . 

The  class  of  merchandise  to  which  this  trademark  is  appropriated  is 
flour,  and  the  particular  description  of  goods  comprised  in  such  class 
on  which  it  is  used  by  the  said  company  is  wheat  flour.  It  is  u^aally 
affixed  to  the  goods  by  printing  it  on  the  bogs,  or  stenciling  it  on  the 
heads  of  barrels  in  which  the  flour  is  packed. 

No.  3644.    Transfer  of  Trademark. 

We,  A.  B.  and  C.  D.,  of  0.,  partners  under  the  firm  name  of  A.  B.  & 

Co.,  in  consideration  of  one  dollar,  to  us  paid  by  E.  F.,  of  the  same  pla^e. 

do  hereby,  assign,  and  transfer  to  the  said  E.  F.  and  his  assigns  the 

exclusive"  right  to  use  in  the  manufacture  and  sale  of  stoves  a  certain 

trademra-k  for  stoves  deposited  by  us  in  the  United  States  patent  office, 

and  recorded  therein  June  3,  1917;  the  same  to  be  held,  enjoyed  and 

used  by  the  said  E.  F.  as  fully  and  entirely  as  the  same  would  have  been 

held  and  enjoyed  by  us  if  this  grant  had  not  been  made. 

[Dated.] 

■■  ■•  A.  B. 

C.  D. 


Forms  3670, 3671         Cowdery's  Form  Book.  1224 


TRESPASS. 

3670.  Complaint  by  tenant  against  third  person  for  destro3^ng  pasturage. 

3671.  Complaint — Trespassing  cattle. 

3672.  Answer — Justifying  trespass. 

No.  3670.    Complaint  by  Tenant  Against  Third  Person  for  Destroying 
Pasturage. 

[Title  of  Court  and  Cause.] 

I.  That  Samuel  Short,  executor  of  the  estate  of  Miguel  Leonis,  de- 
ceased, let  and  demised  unto  tlie  plaintiff  certain  lands  situate  in  the 
city  of  Los  Angeles,  in  said  count}'^,  belonging  to  the  said  estate,  for  the 
term  of  eight  months  from  and  after  February  1,  1891,  and  thereupon 
plaintiff  took  possession  of  and  has  ever  since  held  the  same. 

II.  That  on  February  1,  1891,  the  defendant  entered  upon  the  plain- 
tiff's said  described  property,  and  drove  into  and  kept  upon  the  said 
land  about  four  hundred  head  of  cattle  and  about  three  thousand  head 
of  sheep,  and  trod  down  and  depastured  and  destroyed  all  the  grass 
and  her])age  thereon,  and  so  kept  the  said  cattle  and  sheep  upon  the 
same  continually  thereafter  and  until  on  or  about  the  seventeenth  daj'^ 
of  April,  1891,  .  .  .  without  the  consent  of  plaintiff,  and  to  his  damage 
in  the  sum  of  two  thousand  dollars. 

Wherefore  plaintiff,  as  such  executor,  prays  judgment  against  the  de- 
fendant in  the  sum  of  two  thousand  dollars,  and  costs  of  suit,  all  in  law- 
ful money  of  the  United  States. 

Jeremiah  Mason, 
Attorney  for  Plaintiff. 
[Verification.] 

NOTE'.— Precedent  m  Rogers  v.  Duhart,  97  Cal.  502. 

No.  3671.    Complaint — Trespassing  Cattle. 
[Title  of  Court  and  Cause.] 
The  plaintiff  complains,  and  alleges: 

1.  That  during  all  the  tiiiies  hereinafter  mentioned  he  was,  and  now 
is,  the  ov,  ner,  and  lawfully  in  possession  of  all  that  certain  real  estate 
situated  in  K.  Township,  county  of  Sierra,  state  of  California,  and 
described  as  follows:   [Description.] 

2.  That  during  all  of  the  time  between  the  fourteenth  day  of  February, 
1917,  and  the  third  day  of  March,  1917,  the  defendant  was  the  owner, 
in  possession  of,  and  chargeable  with  the  care  of  certain  animals,  to  wit, 
sheep. 

3.  That  at  divers  times  between  said  last-mentioned  dates  said  ani- 
mals ran  and  trespassed  upon  said  lands,  ate  up,  injured  and  destroyed 
the  grain,  hay,  and  verdure  being  and  growing  thereon. 


1225  Trespass— Trustees.  Forms  3672, 3690 

4.  That  in  eonsequciice  of  said  animals  so  running,  trespassing,  eating 
up,  injuring  and  destroying  the  said  grain,  hay  and  verdure,  which  was 
then  upon  said  land,  plaintiff  has  been  damaged  in  the  sum  of  $250. 

Wherefore  [etc.]. 

[Signature.] 

No.  3672.    Answer-  Justifying  Trespass. 
[Title  of  Court  and  Cause.] 
The  defendant  answers  to  the  complaint: 

1.  That  at  the  time  mentioned  in  the  complaint  the  defendant  was 
sheriff  of  the  county  of  Butte,  in  this  state,  duly  elected  and  qualified 
as  such. 

2.  That  in  an  action  brought  by  one  M.  N.  against  one  0.  P.,  in  the 
court  of  Butte  county,  to  recover  the  possession  [among  other  things] 
of  the  property  mentioned  in  the  complaint  in  this  action',  said  M.  N. 
delivered  to  this  defendant  an  affidavit  made  by  him  [or  made  in  his 
behalf],  and  a  notice  indorsed  thereon,  describing  the  property  men- 
tioned in  the  complaint,  and  requiring  this  defendant  to  take  the  same 
from  said  0.  P.,  and  deliver  it  to  said  M.  N.:  and  at  the  same  time  de- 
livered to  this  defendant,  as  such  sheriff,  a  written  undertaking  as  re- 
quired by  law  in  such  case,  of  which  affidavit,  notice  and  undertaking 
copies  are  hereto  annexed  as  part  of  this  answer. 

3.  That  by  virtue  of  said  proceedings  the  defendant  took  and  detained 

the  goods  mentioned  in  the  complaint,  which  are  the  acts  of  which  the 

plaintiff  complains. 

Wherefore  [etc.]. 

[Signature.] 

TRIAL. 

Trial— Notice  of— Justice's  Court,  No.  2785. 


TRUSTEES. 

3690.     Return  and  account  of  trustee. 

CROSS-REFERENCES. 

Trustee's  Deed — Wyoming,  No.  1461. 

Trustee's  Report  of  Exempted  Property,  No.  707. 

No.  3690.    Return  and  Account  of  Trustee. 
[Title  of  Court  and  Estate.] 

Now  comes  A,  B.,  the  trustee  appointed  by  the  last  will  of  C.  D.,  de- 
ceased, and  making  this  his  first  account  after  the  final  distribution  of 
all  the  property  belonging  to  the  estate  of  the  said  C.  D.,  deceased,  re- 
ports that  on  June  3,  1915,  he  received  from  E.  F.,  the  executor  of  the 
last  will  of  deceased,  upon  final   distribution,  the  sum  of  $563,742  in 


Form  3690  Cowdery's  Form  Book.  1226 

gold  coin  of  the  United  States.  That  on  the  eii^hth  day  of  June,  1916, 
he  purchased  five  hundred  and  sixty-three  registered  three  per  cent 
bonds  of  the  government  of  the  United  States  of  the  issue  of  May  16, 
1902,  with  all  interest  coupons  unpaid,  which  had  not  been  paid  at  the 
time  of  purchase,  attached  to  said  bonds,  and  paid  therefor  $563,000  in 
gold  coin.  Said  bonds  are  numbered  commencing  with  10,001  and  end- 
ing with  10,563.  That  said  bonds  arc  on  deposit  in  Safe  No.  3,725  in 
the  Safe  Deposit  Company's  vault  on  the  corner  of  Montgomery  and 
California  Streets,  San  Francisco,  California.  That  said  safe  is  rented 
in  the  name  of  A.  B.,  trustee  for  L.  M.  D.  and  N.  0.  D.,  children  of  C.  D., 
deceased.  That  the  remainder  of  said  $503,742,  to  wit,  $742,  is  also  in 
said  bag  in  said  safe.  That  none  of  the  coupons  attached  to  said  bonds 
have  been  paid.  That  said  children  are  living  with  their  mother  at 
No.  2  Maple  Street,  San  Francisco,  California.  The  postoffice  address 
of  said  cestuis  que  trust  is  No.  2  Maple  Street,  San  Francisco,  California. 
Wherefore  said  trustee  prays  for  a  settlement  of  his  said  account. 

Dated . 

[Signature.] 

Verified. 

NOTE.— After  jBnal  distribution  and  discharge  of  the  executor  the  court 
retains  jurisdiction  of  the  trust  for  the  purpose  of  the  settlement  of  the  trus- 
tees' accounts.  If  a  settlement  of  the  account  is  prayed  for  the  clerk  gives 
notice  the  same  as  on  settlement  of  an  executor's  account:  California,  Code 
Civ.  Proc,  sec.  1699;  Montana,  Rev.  Codes  1907,  sec.  7698. 

UNDERTAKINGS. 

See  Bonds  and  Undertakings. 

Baa  upon  Appeal— Undertaking — Oregon  and  Alaska,  No.  487. 
Undertaking  and  "Security"  for  Appearance  of  Material  Witness,  No.  479. 
Undertaking  by   Claimant,  Other  Than   Judgment   Debtor,   for  Kelease   of 

Property,  No.  1669. 
Undertaking  by  Material  Witness  to  Appear,  No.  478. 
Undertaking  for  Arrest  in  Justice's  Court— Oregon,  No.  449. 
Undertaking  for  Arrest  in  Justice's  Court — Washington,  No.  450. 
Undertaking  for  Attachment — Oregon,  No.  570. 
Undertaking  for  Attachment — Washington,  No.  571. 

Undertaking  for  Costs  on  Appeal— Justice's  Court  to  Superior  Court,  No.  360. 
Undertaking  for  Delivery  of  Property  to  Plaintiff— Oregon,  No.   88«. 
Undertaking  for  Delivery  of  Property  to  Plaintiff— Washington,  No.  906. 
Undertaking  for  Order  of  Arrest,  No.  440. 

Undertaking  on  Ptelease  of  Attachment— .Justice's  Court,  No.  597. 
Undertaking  for  Release  or  Discharge  of  Attachment— Oregon,  No.  598. 
Undertaking  for  Release  or  Discharge  of  Attachment— Washington,  No.  599. 
Undertaking  for  Return  of  Property  to  Defendant,  No.  892, 
Undertaking  of  Bail  upon  Recommitment,  No.  485. 
Undertaking  of  Judgment  Debtor  to  Appear  and  Answer  in  Supplementary 

Proceedings,  No.  3617.  . 

Undertaking   on   Adjournment   for   More   Than   Ten   Days— Justice's   Court, 

No.  1156. 
Undertaking  on  Admission  to  Bail — Justice's  Court,  No.  480. 
Undertaking   on   Admission   to   Bail— Justice's   Court— Ala.=ka   and   Oregon, 

No.  48f. 


1227  Unlawful  Detainer.  Form  3710 

Undertaking  on  Appeal  from  Judgment  Directing  Delivery  of  Possession  of 

Eeal  Property — Justice's  Court  to  Superior  Court,  No.  363. 
Undertaking  on  Appeal  from  Judgment  for  Eecovery  of,  or  to  Foreclose  a 

Lien  on.  Specific  Personal  Property — Justice's  Court  to  Superior  Court, 

No.  362. 
Undertaking  on  Appeal  from  Judgment  of  Fine  and  Imprisonment — Justice's 

Court  to  Superior  Court,  No.  364. 
Undertaking— On  Appeal  from  Judgment  of  Imprisonment — Justice's  Court 

to  Superior  Court,  No.  3G5. 
Undertaking  on   Appeal  from  Justice's  Court  in   Criminal   Case — Wyoming, 

No.  368. 
Undertaking  on  Appeal  from  Money  Judgment — Justice's  Court  to  Superior 

Court,  No.  361. 
Undertaking    on    Appeal — Unlawful    Detainer — Justice's   Court   to    Superior 

Court,  No.  366. 
Undertaking  on  Attachment — California,  No.  568. 
Undertaking  on  Attachment — Justice's  Court,   No.  569. 
Undertaking  on  Claim  and  Delivery,  No.  8S5. 
Undertaking  on  Part  of  Defendant,  No.  443. 

Undertaking  to  Indemnify  Officer  Against  Claim  of  Third  Person,  No.  895. 
Undertaking  to  Indemnify  Sheriff — Oregon,  No.   1667. 
Undertaking  to  Indemnify  Constable — Washington,  No.   1668. 
Undertaking  to  Stay  Levy  of  Attachment,  No.  583. 
Undertaking  When  Admitted  to  Bail  by  Habeas  Corpus,  No.  2045. 


UNLAWFUL  DETAINER. 

See  Forcible  Entry  and  Detniiicr. 

3710.  Complaint  for  holding  over  after  rent  due. 

3711.  Complaint  for  holding  over  after  expiration  of  term. 

3712.  Notice  of  application  to  be  restored  to  promises. 

3713.  Petition  for  relief  against  forfeiture  of  lease. 

3714.  Ansvv'er  in  unlawful  detainer. 

No.  3710.     Complaint  for  Holding  Over  After  Rent  Due. 
[Title  of  Court  and  Cause.] 

,  a  resident  of  the  county  of  ,  tlie  plaintiff  in  the  above- 
entitled  action,  complaining  of  ,  of  the  county  of ,  the  defend- 
ant in  said  action,  alleges: 

1.  That  on  or  about  the  day  of ,  19—,  the  said  plaintiff,  by 

a  verbal  agreement  and  lease,  made  on  or  about  the  .^aid  day,  at  the 

county  of ,  leased,  demised  and  let  to  the  said  defendant,  of  the  said 

county  of  ,  the  premises  situate,  lying,  and  being  in  the  county  of 

. J  state  of  ,  and  described  as  follows,  to  wit:  .     To  have 

and  to  hold  the  said  premises  to  the  defendant  at  the  monthly  rent  of 

dollars  ($ ),  payable  monthly  on  the  first  day  of  each  and  every 

month   thereafter,   in   advance,   in  gold  coin   of   the   United   States   of 

America. 

2.  That  by  virtue  of  said  agreement  and  lease,  so  made  as  aforesaid, 
the  defendant  went  into  the  possession  and  occupation  of  said  demised 
premises,  and  still  continues  to  hold  the  same,  as  tenant  of  said  plaintiff. 

3.  That  pursuant  to  the  terms  of  said  agrceincnt  and  lease  there  be- 

cam.e  and  was  due  on  the  day  of  ,  19—   from  said  defendant 

to  said  plaintiff,  for  the  rent  of  said  premises  for  one  month,  to  wit. 


Form  3710  Cowdery's  Form  Book.  1228 

from  the day  of ,  19 — ,  to  the day  of ,  19 — ,  the  sum 

of  dollars   ($ ),  gold  coin  of  the  United  States  of  America, 

amounting  to  the  sum  of dollars  ($ ). 

4.  That  on  a  certain  day,  to  wit,  the  day  of ,  19 — ,  at  said 

county,  demand  in  writing  was  duly  made  by  said  plaintiff  of  said  de- 
fendant for,  and  requiring  the  payment  of,  said  rent  then  due,  amount- 
ing to  the  said  sum  of  dollars   ($ ),  or  the  possession  of  the 

said  demised  property,  but  said  defendant  neglected  and  refused  for  the 
space  of  three  whole  days  and  upward,  after  demand  so  made  as  afore- 
said, and  still  neglects  and  refuses,  to  pay  said  rent,  or  surrender  pos- 
session of  said  premises. 

5.  The  said  defendant  unlav/fully  holds  over,  and  continues  in  pos- 
session of,  said  premises  after  default  in  the  payment  of  the  rent,  pur- 
suant to  the  lease  and  agreement  under  which  said  property  is  held,  and 
without  the  permission  of  the  plaintiff;  by  reason  whereof  the  plaintiff 

has  already  sustained  damages  in  the  sum  of dollars  ($ ),  gold 

coin  of  the  United  States  of  America,  for  the  rent  of  said  premises  act- 
ually accrued  from  the day  of ,  19 — ,  to  the day  of , 

19—. 

Wherefore  said  plaintiff  prays  judgment  against  said  defendant  for 

the  restitution  and  possession  of  said  premises,  and  for  the  sum  of 

dollars   ($ ),  the  amount  now  due  and  unpaid  for  the  rent  thereof, 

and  such  further  sum  as  may  accrue  from  the  time  of  filing  this  com- 
plaint to  the  rendition  of  judgment  herein;  and  that  the  amount  found 
due  for  rent  may  be  trebled  and  made  payable  in  the  gold  coin  of  the 
United  States  of  America,  and  also  for  the  costs  of  this  suit,  and  that 
by  said  judgment  it  be  declared  that  said  lease,  or  agreement,  under 
which  said  defendant  holds  shall  be  forfeited,  and  that  a  writ  of  pos- 
session issue  forthwith. 

[Signature.] 

[To  be  verified.] 

5.  That  said  defendant  unlawfully  holds  over  and  continues  in  the 
possession  of  the  said  premises  after  default  in  the  payment  of  the  rent 
as   aforesaid,   and  without   the  permission   of  the  plaintiff,   by   reason 

whereof  the  plaintiff  has  sustained  damages  in  the  sum  of dollars 

($ ). 

Wherefore  the  said  plaintiff  prays  judgment  for  the  sum  of dol- 
lars  ($ )   damages  for  waste  and  injury,  and  for  the  detention  of 

said  premises ;  for  the  sum  of  dollars  ($ )  rent  due  as  afore- 
said, and  restitution  of  the  said  premises ;  and  that  said  damages  may 
be  trebled ;  and  for  the  costs  of  this  action. 

[Signature.] 

[Verification.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1161;  Colorado,  Mill's  Ann.  Stats. 
1912,  sec.  2963;  Idaho,  Rev.  Codes,  see.  5093;  Montana,  Rev.  Codes  1907,  sec. 
7271;  Utah,  Conip.  Laws  1907,  sec.  3575;  Washington,  Rem.  Code,  sec.  812. 


1229  Unlawful  Detainer.  Forms  3711, 3712 

Where  the  property  is  in  tlie  possession  of  a  subtenant,  that  fn^t  should  be 
averred,  and  also  that  the  notice  to  pay  the  rent  due  or  surrender  possession 
was  served  on  both  tenant  and  subtenant:  See  Cal.  Code  Civ.  Proc,  sec.  1161. 

No.  3711.    Complaint  for  Holding  Over  After  Expiration  of  Term. 

[Title  of  Court  and  Cause.] 

,  a  resident  of  the  county  of  ,  the  plaintiff  in  the  above- 
entitled  action,  complaining  of  ,  of  the  county  of ,  the  defend- 
ant in  said  action,  alleges: 

1.  That  on  or  about  the  — —  day  of ,  19 — ,  the  said  plaintiff,  by 

a  verbal  lease  made  on  or  about  the  said  day,  at  the  county  of  , 

leased,  demised  and  let  to  the  said  defendant,  ,  of  the  said  county 

of ,  the  premises  situate,  lying  and  being  in  the  said  county  of , 

state  of ,  and  described  as  follows,  to  wit:  .     To  have  and  to 

hold  the  said  premises  to  the  defendant  for  the  term  of  one  month,  from 

the day  of ,  19—,  at  the  monthly  rent  of dollars  ($ ), 

payable  on  the day  of  the  month,  in  advance. 

2.  That  by  virtue  of  said  lease  said  defendant  went  into  possession  of 
said  premises,  and  he  still  continues  to  hold  and  occupy  the  same. 

3.  That  the  term  for  which  said  premises  were  demised  as  aforesaid 
has  terminated,  and  that  the  said  defendant  holds  over  and  continues  in 
possession  of  said  demised  premises,  without  the  permission  of  the  said 
plaintiff,  and  contrary  to  the  terms  of  said  lease. 

4.  That  the  said  plaintiff,  since  the  expiration  of  the  term  for  which 

said  premises  were  demised  as  aforesaid,  to  wit,  on  the day  of , 

19—,  made  demand  in  writing  of  the  said  defendant  to  deliver  up  and 
surrender  to  plaintiff  the  possession  of  said  premises. 

5.  That  more  than  three  days  have  elapsed  since  the  making  of  such 
demand,  and  the  defendant  has  refused  and  neglected,  for  the  space  of 
three  days  after  such  demand,  to  quit  the  possession  of  tlie  said  demised 
premises,  and  still  does  refuse. 

6.  That  the  monthly  value  of  the  rents  and  profits  of  the  said  prem- 
ises is  the  sum  of dollars  ($ ). 

Wherefore  the  said  plaintiff  prays  judgment  for  the  restitution  of 
the  said  premises,  and  for  damages  for  the  rents  and  profits  of  said 
premises,  and  that  such  damages  may  be  trebled  as  damages  for  the  occu- 
pation and  unlawful  detention  and  holding  over  of  the  same,  amount- 
ing to  the  sum  of dollars  ($ )  per  mouth,  besides  costs  of  suit. 

[Signature.] 

[To  be  verified.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1166. 

No.  3712.    Notice  of  Application  to  bo  Restored  to  Premises. 

[Title  of  Court  and  Cause.] 

To  . 

You  will  please  take  notice  that  on  ,  the day  of ,  19—, 

at  the  hour  of o'clock,  A.  M.  of  said  day,  or  as  soon  tlurcafter  as 


Forms  3713, 3714-         Cowdery's  Form  Book.  1230 

the  matter  can  be  heard, ,  the  defendant  in  the  above-entitled  action, 

will,  at  the  courtroom  of  said  court,  move  that  said  defendant  be  released 
from  the  forfeiture  of  his  lease  declared  in  said  action,  and  that  he  be 
restored  to  his  former  estate. 

Said  motion  will  be  made  on  the  ground  that  said  forfeiture  is  a  great 
hardship  on  said  defendant,  and  will  be  based  on  the  petition  of  said 
defendant,  and  the  finding  and  judgment  and  other  papers  in  said  action. 

Dated  ,  19—. 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1179. 

No.  3713.    Petition  for  Relief  Against  Forfeiture  of  Lease. 

[Title  of  Court  and  Cause.] 

To  the  Honorable ,  Judge  of  the Court  of  the  County  of , 

State  of  . 

Your  petitioner  respectfully  represents  that,  on  the day  of , 

19 — ,  an  action  was  couunenced  before  your  Honor,  in  said  court,  en- 
titled   ,  plaintiif,  v. ,  defendant;  that  the  defendant  in  said  suit 

is  your  petitioner;  that  said  action  was  brought  to ;  and  that  such 

proceedings  were  thereafter  had  that  by  the  judgment  of  said  court, 

entered  on  the day  of  said  month  of  ,  the  lease  under  whieli 

the  petitioner  held  the  premises  described  in  the  complaint  was,  by  the 
judgment  of  said  court,  declared  forfeited,  and  petitioner  was,  on  the 
day  following,  by  the  sheriff  of  said  county,  and  the  order  of  said  court, 
turned  out  of  said  premises,  and  he  at  the  same  time  placed  said  plain- 
tiff in  possession  thereof. 

The  facts  upon  which  relief  is  sought  by  this  petition  are  as  follows, 
namely:  . 

Wherefore  petitioner  prays  that  an  order  may  be  made  restoring  him 
to  his  former  estate. 

Dated  the  day  of  ,  19 — . 

[Signature.] 
[To  be  verified.] 

NOTE. — The  application  may  be  made  by  any  person  interested  in  the  con- 
tinuance of  the  term ;  but  notice  thereof,  with  a  copy  of  the  petition,  must  be 
served  on  the  plaintiff  in  the  judgment;  and  in  no  case  shall  the  application  be 
granted  except  on  condition  that  full  payment  of  rent  due,  or  full  performance 
of  conditions  or  covenants  stipulated,  so  far  as  the  same  is  practicable,  be 
made:  See  Cal.  Code  Civ.  Proc,  sec.  1179. 

No.  3714.    Answer  in  Unlawful  Detainer. 
[Title  of  Court  and  Cause.] 

Now  comes  ,  one  of  the  defendants  in  the  above-entitled  action, 

and  for  his  answer  to  the  complaint  of  the  plaintiff  herein  denies  that 
said  plaintiff  is  the  owner  or  entitled  to  the  possession  of  the  land  and 
premises  described  in  the  complaint  herein,  or  of  any  part  thereof,  or 


1231  Unlawful  Detainer.  Forms  3715, 31 IG 

of  any  right,  title,  or  interest  therein;  denies  that  said  defendants,  or 

either  of  them,   or  that  this  defendant,   the  said  ,  wrongfully   or 

unlawfully  entered  into  or  took  possession  of  said  premises,  or  any  part 
thereof;  denies  that  said  defendants,  or  either  of  them,  or  that  this  de- 
fendant, the  said  ,  wrongfully  or  unlawfully  withholds  or  detains 

possession  of  said  premises  described  in  plaintiff's  complaint,  or  of  any 
part  or  parcel  thereof;  denies  that  by  reason  of  said  alleged  wrongful 
or  unlawful  detention  of  said  premises,  or  otherwise,  said  plaintiff  has 

sustained  damage  in  the  sum  of  dollars   ($ ),  or  in  any  sum 

whatever. 

[Signature,] 
[To  be  verified.] 

NOTE. — As  the  code  requires  the  answer  to  be  verified  where  the  complaint 
is  verified,  and,  as  the  code  requires  the  complaint  in  unlawful  detainer  to  be 
verified,  the  answer  in  such  action  must  be  verified:  See  Cal.  Code  Civ.  Proc, 
sees.  446,  1166. 

No.  3715.     Order  Directing  Summons  in  Unlawful  Detainer  to  be  Served 

by  Afiixing  a  Copy  in  a  Conspicuous  Place  on  Property. 
[Title  of  Court  and  Cause.] 

It  appearing  to  the  court  that  defendant,  A.  B.,  is  concealing  himself 
to  avoid  the  service  of  summons  in  the  above-entitled  action;  and  he 
cannot  be  found  at  his  place  of  residence  or  business  [or,  that  the  place 
of  business  of  defendant  A.  B.  cannot  be  ascertained ;  or,  that  the  place 
of  residence  of  defendant  A.  B.  cannot  be  ascertained]  : 

It  is  ordered  that  the  summons  herein  be  served  by  affixing  a  copy 
thereof  in  a  conspicuous  place  on  the  property  involved  in  this  action, 
and  also  by  delivering  a  copy  to  a  person  residing  on  said  property,  if 
such  person  can  be  found,  and  also  by  sending  a  copy  thereof  through 
the  mail  addressed  to  the  said  defendant  A.  B.  at  the  place  where  the 
property  is  situated. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1167.  In  all  such  cases  the  affi- 
davit of  service  must  conform  to  the  provisions  of  the  statute  regulating  service 
of  legal  documents  by  mail. 

No,  3716,    Notice  to  Pay  Rent  or  Quit. 

To  ,  Tenant  in  Possession. 

You  are  hereby  required  to  pay  the  rent  of  the  premises  hereinafter 
described,  and  which  you  now  hold  possession  of,  amounting  to  the  sum 

of dollars  ($ ),  being  the  amount  now  due  and  owing  to  me  by 

you  for  one  month's  rent,  from  the day  of ,  19—,  to  the 

<jay  of  ,  19 — ,  or  deliver  up  possession  of  the  same  to  ,  my 

agent,  who  is  hereby  authorized  to  receive  possession  thereof,  or  of  the 
rent  due  and  unpaid  from  you,  or  I  shall  institute  legal  proceedings 
against  you  to  recover  possession  of  said  premises,  with  treble  rents. 


Form  3780  Cowdery's  Form  Book.  1232 

Said  premises  are  situated  in  the  county  of  f  state  of ,  and 

are  described  as  follows:  . 

Dated  this day  of ,  19 — . 

[Signature.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  1161. 

The  statute  directs  that  three  days'  notice  shall  be  giveu,  but  does  not 
require  the  notice  to  state  that  the  premises  must  be  surrendered  within  three 
days.  If  the  tenant  holds  after  three  days'  notice,  he  is  guilty  of  an  unlawful 
detainer.    As  to  trebling  of  rents,  see  Cal.  Code  Civ.  Proc,  sec.  1174. 


VENIRE. 

3780.  Venire — Clerk's  certificate. 

3781.  Special  venire. 

3782.  Venire — Justice's  court. 

3783.  Indorsement  on  venire — Justice's  court. 

CEOSS-RErERENOES. 

Venire— Clerk's  Certificate,  No.  3780. 
Venire— Justice's  Court,  No.  3782. 

No.  3780.    Venire — Clerk's  Certificate. 
[Title  of  Court  and  Cause.] 
State  of  California, 
County  of  Alameda, — ss. 

I,  A.  R.,  county  clerk  of  the  county  of  Alameda,  hereby  certify  that 
on  Monday,  the  eleventh  day  of  July,  1917,  the  superior  court  of  the 
county  of  Alameda  made  an  order,  directing  a  trial  jury,  consisting  of 
fifty  jurymen,  to  be  drawn  and  summoned  to  attend  before  said  court, 
on  Monday,  the  twenty-fifth  day  of  July,  1917,  at  the  courtroom  of  said 
court,  in  the  city  of  Oakland,  in  said  county  of  Alameda.  That  imme- 
diately upon  the  order  aforesaid  being  made,  to  wit,  on  said  eleventh 
day  of  July,  1906,  I  did,  in  the  presence  of  said  court,  draw  from  the 
"jury-box,"  as  by  law  directed,  the  names  of  fifty  qualified  jurymen,  as 
follows : 

No.  Name.  No.  Name. 

1.  Dennis  Camron.  2.  Patrick  W.  Tyler. 

[Naming  the  whole  panel.] 

Therefore,  to  the  Sheriff  of  said  County,  Greeting: 

You  are  commanded  to  summon  the  above-named  jurors  to  be  and 
appear  in  the  superior  court  of  the  county  of  Alameda,  to  be  held  in 
the  courtroom  of  said  court,  at  the  courthouse,  in  the  said  county,  on 
the  twenty-fifth  day  of  July,  1917,  at  10  o'clock  A.  M.,  to  act  as  trial 
jurors,  and  of  this  writ  make  legal  service  and  due  return. 

Dated  . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  219,  220. 


1233  Venire.  Forms  3781-3783 

No.  3781.    Special  Venire. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

To  the  Sheriff  of  said  County,  Greeting: 

You  are  hereby  commanded  to  summon  from  the  body  of  yonr  county 
twenty-four  good  and  lawful  men,  to  be  and  appear  in  the  superior  court 
of  the  city  and  county  of  San  Francisco,  Department  No.  5,  to  be  held 
in  the  courtroom  of  said  court,  at  the  New  City  Hall,  in  the  said  city  and 
county,  on  the  third  day  of  Januai-y,  1917,  at  10  o'clock  A.  !M.,  to  com- 
plete the  panel  and  act  as  trial  jurors,  and  of  this  writ  make  legal  ser- 
vice and  due  return. 

No.  Name.  Remarks. 

1.  John  Brown.  ■ 

Dated  . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sees.  226,  227. 

No.  3782.    Venire — Justice's  Court. 

[Title  of  Court  and  Cause.] 

State  of  California, 

County  of  Lake, 

Big  Valley  Township. — ss. 

Before  R.  H.  L.,  Justice  of  the  Peace. 
To  the  Sheriff  or  any  Constable  of  said  County,  Greeting: 

You  are  hereby  commanded  to  summon  twenty-five  citizens  qualified  to 
serve  as  jurors,  to  be  and  appear  at  my  ofiice  in  said  Big  Valley  town- 
ship, in  the  county  of  Lake,  at  ten  o'clock  A.  M.,  on  the  twenty-sixth 
day  of  July,  1917,  to  act  as  jurors  in  a  civil  action  wherein  W.  W.  L.  is 
plaintiff,  and  J.  S.  is  defendant ;  and  of  this  writ  make  legal  service  and 
due  return. 

Dated  . 

[Signature.] 

NOTE. — California,  Code  Civ.  Proc,  sec.  230. 

No.  3783.    Indorsement  on  Venire— Justice's  Court. 
[Title  of  Court  and  Cause.] 

I  hereby  certify  that  in  compliance  with  the  within  writ,  I  have  sum- 
moned the  following  named  persons  to  act  as  jurors  in  the  within-men- 
tioned action,  to  wit:  [Names  of  persons  summoned.] 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  230. 
Form  Book — 78 


Forms  3800-3804         Cowdery's  Form  Book.  1234 


VERDICT. 

3800.  Verdict  upon  plea  of  not  guilty. 

3801.  Verdict  upon  plea  of  former  con^'lction  or  acquittal  of  tlie  same 

offense. 

3802.  Verdict  of  acquittal  on  ground  of  insanity. 

3803.  Verdict  of  acquittal  on  ground  of  variance. 

3804.  Verdict  for  plaintiff  or  defendant. 

3805.  Verdict  for  plaintiff  assessing  damages. 

3806.  Verdict  for  defendant,  on  counterclaim. 

3807.  Verdict  for  plaintiff,  in  claim  and  delivery. 

3808.  Verdict  for  defeud?.nt,  in  claim  and  delivery. 

3809.  Verdict  as  to  value  of  specilic  portion  of  property,   In  claim  and 

delivery. 

3810.  Interrogatories  as  to  special  issues  sulimitted. 

3811.  Verdict  on  special  issues  submitted. 

3812.  Verdict  of  the  jury  in  criminal  cases — Justice's  court. 

No.  3800.    Verdict  upon  Plea  of  not  Guilty. 
Is  either  "Guilty"  or  "Not  guilty." 

NOTE.— California,  Pen.  Code,  sec.  1151;  Utah,  Comp.  Laws  1907,  sec.  4891; 
Washington,  Eem.  Code,  sec.  2172. 

The  form  of  words  may  be,  "We,  the  jury,  in  the  case  of  the  people  of  the 
state  [or  the  state,  of  ,  plaintiff,  against  ,  defendant,  find  the  defend- 
ant guiltv"   [or,  not  guilty;  or  otherwise,  according  to  the  case].     The  verdict 

should  be  signed  " ,  Foreman."     In  criminal  cases,  it  is  sufficient  for  Vap 

jury  to  pronounce  their  verdict  by  their  foreman  in  open  court,  without  reduc- 
ing the  same  to  writing,  unless  the  statute  requires  it;  and  the  clerk  will  then 
enter  the  same  in  form  under  the  direction  of  the  court. 

No.  3801.    Verdict  upon  Plea  of  Former  Conviction  or  Acctuittal  of  the 
Same  Offense. 
Is  cither  "For  the  people"  or  "For  the  defendant." 

NOTE.— See  Cal.  Pen.  Code,  sec.  1151. 

No.  3802.    Verdict  of  Acquittal  on  Ground  of  Insanity. 

Must  be,  "Not  guilty,  by  reason  of  insanity." 

No.  3803.    Verdict  of  Acquittal  on  Ground  of  Variance. 

Must  be,  "Not  guilty,  by  reason  of  variance  between  indictment  and 
proof." 

Ho.  3804.    Verdict  for  Plaintiff  or  Defendant. 
J  Title  of  Court  and  Cause.] 
We,  the  jury,  find  for  plaintiff  [or  defendant]. 

,  Foreman. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  624. 


1235  Verdict.  Forms  3805-3309 

No.  3805.    Verdict  for  Plaintiff,  Assessing  Damages. 
[Title  of  Court  and  Cause.] 

We,  the  jury,  find  for  plaintiff,  and  assess  his  damages  at  dol- 
lars ($ ). 

,  Foreman. 

NOTE.— See  Cal.  Code  Civ.  Proe.,  sec.  624. 

No.  3306.    Verdict  for  Defendant,  on  Counterclaim. 
[Title  of  Court  and  Cause.] 
We,  the  jury,  find  for  defendant  on  his  counterclaim  in  the  sum  of 

dollars  ($ ). 

■ ,  Foreman. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  626. 

No.  3807.    Verdict  for  Plaintiff,  in  Claim  and  Delivery. 
[Title  of  Court  and  Cause.] 
We,  the  jury,  find  for  plaintiff,  and  we  find  the  value  of  the  property 

in  controversy  to  be  dollars  ($ ),  and  that  plaintiff  is  entitled 

to  a  return  thereof  from  defendant.     We  also  find  for  plaintiff  in  the 

sum  of dollars  ($ ),  damages,  for  the  taking  and  detention  of 

said  property  by  defendants. 

,  Foreman. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  627. 

No.  3808.    Verdict  for  Defendant,  in  Claim  and  Delivery. 
[Title  of  Court  and  Cause.] 

We,  the  jury,  find  for  defendant,  and  we  find  the  value  of  the  prop- 
erty in  controversy  to  be  dollars   ($ ),  and  that  defendant  is 

entitled  to  a  return  thereof  from  plaintiff.  We  also  find  for  defendant 
in  the  sum  of dollars  ($ ),  damages,  for  the  taking  and  deten- 
tion of  said  property  by  plaintiff. 

,  Foreman. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  627. 

No.  3809.    Verdict  as  to  Value  of  Specific  Portion  of  Property,  in  Claim 

and  Delivery. 
[Title  of  Court  and  Cause,] 

We,  the  jury,  find  for ,  and  we  find  the  value  of  all  the  property 

in  controversy  to  be  dollars  ($ ),  and  that is  entitled  to  a 

return  thereof  from  .    We  also  find  that  the  described  in  the 

is  worth  dollars   ($ ).     We  also  find  for in  the  sum 

of  dollars  ($ )   damages,  for  the  taking  and  detaining  of  said 

property  by . 

,  Foreman. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec  627. 


Forms  3810-3812         Cowdeby's  Form  Book.  1236 

No.  3810.    Interrogatories  as  to  Special  Issues  Submitted. 
[Title  of  Court  and  Cause.] 

1.  Was  the  plaintiff,  on  the  day  of  ,  191 — ,  the  owner  of, 

and  entitled  to  the  possession  of ? 

2.  Did  the  defendant,  on  said  day,  enter  the  premises  of  the  plaintiff 
and  take  away  said  property  without  the  plaintiff's  consent? 

3.  Did  the  defendant  have  said  property  in  his  possession  at  the  time 
of  the  commencement  of  this  action? 

4.  What  is  the  value  of  said  property? 

5.  Has  the  plaintiff  sustained  damages  on  aeeount  of  the  taking  of 
said  property  by  defendant  (if  you  find  that  plaintiff  owned  it  and 
that  defendant  took  it  away)  ? 

6.  What  damages  has  plaintiff  sustained  by  reason  of  the  taking 
of  said  property  (if  you  find  that  he  took  it)  ? 

[Verdict.] 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  625. 

No.  3811.    Verdict  on  Special  Issues  Submitted. 
[Title  of  Court  and  Cause.] 

We,  the  jury  in  the  above-entitled  matter,  do  find  this  our  verdict, 
as  by  tlie  answers  to  the  interrogatories  below  stated,  signed  by  our 
foreman : 

First  Issue.     [Repeat  the  interrogatory.]     Answer — Yes. 

Second  Issue.     [Repeat  the  interrogatory.]     Answer — Yes. 

Third  Issue.     [Repeat  the  interrogatory.]     Answer — Yes. 

Fourth  Issue.     [Repeat  the  interrogatory.]     Answer dollars 

($— ). 

Fifth  Issue.  [Repeat  the  interrogatory,  except  the  last  clause.]  An- 
swer— Yes. 

Sixth  Issue.     [Repeat    the    interrogatory,  except    the    last    clause.] 

Answer dollars   ($ ). 

■ ,  Foreman. 

NOTE.— See  Cal.  Code  Civ.  Proc,  sec.  625. 

No.  3812.    Verdict  of  the  Jury  in  Criminal  Cases — Justice's  Court. 

On  a  plea  of  not  guilty  the  verdict  of  the  jury  must  be  to  the  effect 
that  the  jury  find  the  defendant  "Guilty,"  or  "Not  guilty,"  as  the  ease 
may  be.  On  any  other  plea,  the  verdict  must  be  "For  the  state"  [or,  the 
people  of  the  state]  or  "For  the  defendant." 

NOTE.— See  Utah  Comp.  Laws  1907,  sec.  5147;  Cal.  Pen.  Code,  sec.  1441. 


1237  Vekification.  Form  3830 


VERIFICATION. 

3830.  Verification  to  pleading. 

3831.  Veriiication  by  other  than  party. 

3832.  Verification  by  attorney. 

3833.  Verification  by  officer  of  corporation. 

3834.  Verification  in  proceedings  to  remove  or  suspend  an  attorney. 

3835.  Verification  of  election  contest. 

CROSS-EEFERENCEa 

Verification  of  Claim  of  Lieu,  No.  2499. 
Verification  of  Election  Contest,  No.  3835. 

No.  3830.    Verification  to  Pleading. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — sa. 

J.  J.,  being  duly  sworn,  depo.^es  and  says,  tliat  he  is  the  plaintiff  (or 
one  of  the  plaintiffs)  in  the  above-entitled  action;  that  he  has  heard 
read  the  foregoing  complaint  and  knows  the  contents  thereof;  that  the 
same  is  true  of  his  own  knowledge,  except  as  to  those  matters  which 
are  therein  stated  on  his  information  or  belief,  and  as  to  those  matters 
that  he  believes  it  to  be  true. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE. — In  California,  in  all  cases  of  verification  of  a  plearling,  the  affidavit 
of  the  party  must  state  that  the  same  is  true  of  his  own  knowledge,  except  as 
to  the  matters  which  are  therein  stated  on  his  information  or  belief,  and  as 
to  those  matters  that  he  believes  it  to  be  true;  and  ^^here  a  pleading  is  verified, 
it  must  be  by  the  affidavit  of  a  party,  unless  the  parties  are  absent  from  the 
county  where  the  attorney  resides,  or  from  some  cause  unable  to  verify  it,  or 
the  facts  are  within  the  knowledge  of  his  attorney  or  other  person  verifying  the 
same.  When  the  pleading  is  verified  by  the  attorney,  or  any  other  person  ex- 
cept one  of  the  parties,  he  must  set  forth  in  the  affidavit  the  reasons  why  it  is 
not  made  by  one  of  the  parties.  When  the  complaint  is  verified,  the  answer 
must  be,  unless  an  admission  of  the  truth  of  the  complaint  might  subject  the 
party  to  a  criminal  prosecution  (of  any  nature),  or  unless  an  officer  of  the 
state,  in  his  official  capacity,  is  defendant:  Code  Civ.  Proc,  sec.  446.  Except 
as  aforesaid,  if  the  complaint  is  verified,  the  answer,  to  be  sufficient,  must  be 
verified:  Code  Civ.  Proc,  sec.  437. 

See  Alaska,  Comp.  Laws  1913,  sees.  903,  904,  1094,  1051;  Arizona,  Rev. 
Stats.  (Civ.  Code  1913),  sec.  476;  California,  Code  Civ.  Proc,  sec  446;'  Colo- 
rado, Mill's  Ann.  Code,  sec.  61;  Idaho,  Rev.  Codes  1907,  sec  4199;  Montana, 
Rev.  Codes  1907,  sec.  6564;  Nebraska,  Rev.  Code  1913.  see.  76S7;  Nevada, 
Rev.  Laws  1912,  sec.  5060;  North  Dakota,  Comp.  Laws  1913,  sec.  7455; 
Oklahoma,  Harris  &  Day's  Code  1910,  sec.  4759  et  seq.;  Oregon,  Lord's  Ore- 
gon Laws,  sec.  82;  South  D.akota.  Comp.  Laws  1913,  sec.  4922;  Utah,  Comp. 
Laws  1907,  sec.  2983;  Washington,  Rem.  Code,  sec.  281;  Wyoming,  Comp. 
Stats.  1910,  sees.  4434-4436. 


Forms  3831-3833         Cowdeby's  Form  Book.  1238 

No.  3831.    Verification  by  Other  Than  Party. 

[Title  of  Court  and  Cause.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

W.  T.,  being  duly  sworn  on  behalf  of  the  plaintiff  in  the  above- 
entitled  action,  says  that  he  has  read  the  foregoing  complaint,  and  knows 
the  contents  thereof,  and  that  the  same  is  true  of  his  own  knowledge, 
except  as  to  the  matters  which  are  therein  stated  on  information  or 
belief,  and  as  to  those  matters  that  he  believes  it  to  be  true.  That  the 
said  plaintiff  is  absent  from  the  city  and  county  of  San  Francisco,  where 
his  attorney  resides;  and  the  facts  are  within  the  knowledge  of  this 
affiant,  who  is  the  agent  of 'the  said  plaintiff,  and  therefore  he  makes 

this  affidavit. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

No.  3832.    Verification  by  Attorney. 

State  of , 

County  of ,  ss. 

,  being  duly  sworn  on  behalf  of  the  plaintiff  in  the  above-entitled 

action,  says  that  he  has  read  the  foregoing  complaint,  and  knows  the 
contents  thereof,  and  that  the  same  is  true  of  his  own  knowledge,  except 
as  to  the  matters  which  are  therein  stated  on  information  or  belief,  and 
as  to  those  matters  that  he  believes  it  to  be  true;  that  the  said  plaintiff 

is  absent  from  the  county  of ,  where  his  attorney  has  his  office,  ai-d  that 

the  affiant  is  plaintift"'s  attorney,  and  tlicreiore  makes  this  affidavit. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Seal]  [Official  signature.] 

No.  3833.    Verification  by  Officer  of  Corporation. 

State  of , 

County  of ,  ss. 

,  being  duly  sworn  on  behalf  of  the  plaintiff  corporation  in  the 

above-entitled  action,  says  that  he  is  the  president  of  said  corporation ; 
that  he  has  read  the  foregoing  complaint,  and  knows  the  contents 
thereof;  and  that  the  same  is  true  of  his  own  knowledge,  except  as  to 
the  matters  which  are  therein  stated  on  information  or  belief,  and  as 
to  those  matters  that  he  believes  it  to  be  true. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

[Seal]  [Official  signature.] 


1239  Verification — Warrant.        Forms  3834,  3835 

No.  3334.    Verification    in    Proceedings    to    Remove    or    Suspend    an 
Attorney. 

[Title  of  Court  aud  Cause.] 

State  of  California, 
County  of  Marin, — ss. 

A.  B.,  being  duly  sworn,  says  that  he  has  read  [or  has  heard  read] 
the  foregoing  charges  against  C.  D.  and  that  said  charges  are  true. 

[Signature.] 

Subscribed  and  sv.orn  to  [etc.]. 

NOTE. — The  foregoing  form  is  necessary  under  the  code  which  briefly  says 
that  the  accusation  must  be  veriiied  by  the  oath  of  some  person  to  the  effect 
that  the  charges  therein  contained  are  true:  Cal.  Code  Civ.  Proc,  sec.  291. 
This  form  belongs  to  the  highest  class  of  verifications;  that  is  to  say.  the  affiant 
must  make  oath  that  it  is  true:  Arizona,  Eov.  Stats.  1913,  par.  274;  Idaho, 
Rev,  Codes,  1907,  sec.  4006;  Montana,  Eev.  Codes,  1907,  sec.  6412. 

No.  3335.    Verification  of  Election  Contest 

[Title  of  Court  and  Cause.] 

State  of  California, 
("lount}'^  of  Napa, — ss. 

A.  B.  [the  contesting  party],  being  duly  sworn,  says  that  the  matters 
and  things  contained  in  tlie  foregoing  statement  are  true. 

[Signature.] 

Subscribed  and  sworn  to   [etc.]. 

NOTE.— California,  Code  Civ.  Proc,  sec.  1115;  Arizona,  Rev.  Stats.  1913, 
par.  3062;  Montana,  Rev.  Codes  1907,  sec.  7238;  Washington,  Rem.  Codes, 
sec.  4916. 

WAIVER. 

Waiver  of  Appeal  and  Motion  for  New  Trial,  No.  369. 


WARRANT. 

3850.     Bench  warrant  on  indictment  or  infonnation. 
S851.     Indorsement  of  service  of  warrant. 
3852.     Warrant  of  arrest — Justice's  court. 

CROSS-REFERENCES. 

Warrant  of  Arrest,  No.  463. 
Warrant  of  Arrest — Hawaii,  No.  464. 
Warrant  of  Arrest — Justice's  Court.  No.  469. 
Warrant  of  Arrest — Justice's  Court— Washington,  No.  i'TO. 
Warrant  of  Arrest  for  Threatened  Offense— Washington,  No.  235X 
Warrant   of    Commitment    for   Contempt   in   Using   Disrespectful    and    Con- 
temptuous Language,  No.  1131. 
Warrant  of  Commitment  on  Failure  to  Produce  Will.  No.  3952. 
Warrant  for  Contempt — Justice's  Court — Washington,  No.  1132. 


Forms  3850, 3851         Cowdery's  Form  Book.  1240 

No.  3850.    Bench  Warrant  on  Indictment  or  Information. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  Any  Sheriff,  Constable,  Mar- 
shal, or  Policeman  in  this  State: 

An  indictment  having  been  found  [or  an  information  having  been 
filed]  on  the  twelfth  day  of  July,  1916,  in  the  superior  court  of  the  city 
and  county  of  San  Francisco,  state  of  California,  charging  C.  G.  S., 
Avith  the  crime  of  burglary: 

You  are  therefore  commanded  forthwith  to  arrest  the  above-named 
C.  G.  S.,  and  bring  him  before  that  [or  the  court  to  which  the  indict- 
ment has  been  sent]  court  to  answer  said  indictment  [or  information] ; 
or  if  the  court  be  not  in  session,  that  you  deliver  him  into  tlie  custody 
of  the  sheriff  of  the  city  and  county  of  San  Francisco.  [If  the  offense 
is  bailable,  then  there  must  be  added  to  the  body  of  the  warrant — "or 
if  he  requires  it,  that  you  take  him  before  any  magistrate  of  the  county, 
or  in  the  county  in  Avhich  you  arrested  him,  that  he  may  give  bail  to 
answer  the  indictment  or  information."] 

Given  under  my  hand,  with  the  seal  of  said  court  affixed,  this  twelfth 
doy  of  July,  1916. 

[Signature.] 

[Indorsed:  The  defendant  is  to  be  admitted  to  bail  in  the  sum  of 
three  thousand  dollars.    ,  Judge.] 

NOTE. — In  California,  if  a  defendant  has  been  discharged  on  bail,  or  has 
deposited  money  instead  of  giving  hail,  and  does  not  appear  to  be  arraigned 
when  his  personal  attendance  is  necessary,  the  court,  in  addition  to  the  for- 
feiture of  the  undertaking  of  bail,  or  of  the  money  deposited,  may  order  the 
clerk  to  issue  a  bench-warrant  for  his  arrest:  Cal.  Fen.  Code,  sees.  981,  982. 

No.  3851.    Indorsement  of  Service  of  Warrant. 
[Title  of  Court  and  Cause.] 

I  hereby  certify  that  I  received  the  within  warrant  on  the  fifteenth 
day  of  June,  1916,  and  served  the  said  warrant  by  arresting  the  within 
named  defendant,  J.  S.,  and  bringing  him  into  court,  this  fifteenth  day 

of  June,  1916. 

A.  B.  W., 

Sheriff  of  Napa  County. 

The  within  named  J.  S.,  having  been  brought  before  me  under  this 

warrant,  is  committed  for  examination  to  the  sheriff  of  the  county  of 

Napa. 

[Signature.] 

NOTE. — When  complaint  is  made  before  a  justice  or  police  judge  of  the 
commission  of  an  offense  triable  in  such  courts,  a  warrant  must  be  issued  for 
the  arrest  of  the  person  charged:  Cal.  Pen.  Code,  sec.  1427. 


1241  Warrant — Wills.  Form  3852 

No.  3852.    Warrant  of  Arrest— Justice's  Court, 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  Any  Sheriff,  Constable,  Mar- 
shal, or  Policeman  in  the  County  of  Napa: 

A  complaint  [or  information],  upon  oath,  having  been  this  day  laid 
before  me,  by  E.  D.,  that  the  crime  of  burglary  has  been  committed, 
and  accusing  J.  S.  thereof,  you  are  therefore  commanded  forthwith  to 
arrest  the  above-named  J.  S.,  and  bring  him  before  me  forthwith,  at 
my  office  in  said  township,  in  said  county  of  Napa  [or,  in  case  of  my 
absence  or  inability  to  act,  before  the  nearest  or  most  accessible  magis- 
trate in  this  county],  to  be  dealt  with  according  to  law. 

Dated  at  my  office  in  said  township,  in  said  county  of  Napa,  this 

fifteenth  day  of  June,  1916. 

[Signature.] 

WARRANTY  DEED. 

Warranty  Deed,  No.  1449. 

Warranty  Deed — Arizona,  No.  1453. 

Warranty  Deed— Wyoming,  No.  1463. 

Warranty  Deed,  by  Attorney  in  Fact,  With  Usual  Covenants,  No.  1460 


WILLS. 

3887.  Will. 

3888.  Attestation  of  will,  signed  in  presence  of  witnesses. 

3889.  Attestation  of  will  wliere  testator's  name  is  written  by  person  at  MS 

request.  .        ,  ,      ,  • 

3890.  Attestation  of  will— Acknowledged  by  testator  to  be  signed  by  nun. 

3891.  V/ill. 

3892.  Will. 

3893.  Will.  ,  .^         .^. 

3894.  Will  making  a  general  disposition  of  property,  also  an  annuity,  wltb 

other  bequests. 

3895.  Clause  disposing  of  real  and  personal  estate  to  trustees,  witb  power 

to  sell. 

3896.  Clause  conferring  power  to  sell. 

3897.  Clause  directing  residue  of  personal  estate  to  be  invested  in  stock. 

3898.  Clause  devising  to  daughter  for  life,  remainder  to  trustees  to  support 

contingent  remainders,  etc. 

3899.  Clause  containing  proviso  binding  tbe  testator's  devisees  to  take  his 

surname. 

3900.  Clause  bequeathing  money  upon  trusts. 

3901.  Clause  containing  provision  for  indemnity  of  trustees. 

3902  Clause  providing  that,  in  case  a  legatee  shall  sue  or  molest  any  other 
legatee,  in  the  enjoyment  of  Ms  legacy,  etc.,  such  gift  to  such  per- 
son, etc.,  to  be  void. 

3903.  Clause  containing  proviso  for  appointing  new  trustees. 

3904.  Clause  containing  provision  for  appointment  of  trustees^Another 

form.  ,  ^.        ... 

3905.  Clause  whereby  testator  forgives  all  debts  due  from  relations  therein 

named.  ,  .    ,     ^^ 

3906.  Clause  whereby  testator  remits  a  debt  due  from  his  brother,  in  case 

he  does  not  molest  the  execution  of  his  will. 


Cowdery's  Form  Book.  1212 

3907.  Bequest  of  one  dollar  to  an  imprudent  son. 

3908.  Devise  or  gift  to  Stanford  University,  San  Mateo  county,  California, 

for  the  education  of  one  poor  scholar  forever. 

3909.  Devise  to  an  executor  in  consideration  of  friendship,  etc. 

3910.  Direction  to  trustees  to  pay  an  annuity. 

3911.  Peciiniary  legacies. 

3912.  Devise  of  a  sum  to  he  applied  in  releasing  poor  prisoners. 

3913.  Bequest  of  jewels,  furniture,  etc.,  to  the  wife  of  the  testator. 
£814.  Charitable  bequests. 

3915.  Bequest  of  an  annuity  to  a  v/ife  during  widowhood. 

3916.  Clause  preventing  an  annuitant  under  a  will  from  parting  with  his 

annuity. 

3917.  Bequest  of  the  residue  of  the  testator's  estate. 

3918.  Appointment  of  executors  and  sabs'dtutioiiary  executors. 

0919.     cfause  providing  that  if  trnstsas  and  e:s3cutors  differ  in  opinion,  the 
matter  in  difference  to  be  decided  by  the  majority. 

3920.  Codicil. 

3921.  Codicil,  olographic  or  -ndtnessed,  indorsed  upon  the  back  of  a  will. 
S922.     Codicil  rr^tifying  the  vvill. 

3923.  Codicil,  altering  the  will,  etc.,  with  proper  conclusion  and  attestation. 

3924.  Revocation  of  appointment  of  executor,  and  another  appointed  in  his 

stead,  by  a  codicil. 

3925.  General  form  of  a  codicil  v/hore  several  legacies  are  revoked. 

3926.  Nuncupative  will. 

3927.  Olographic  (or  holographic)  will. 

INTRODUCTORY  NOTE. 

Who  may  Make. — Every  person  over  the  age  of  eighteen  years, 
of  sound  mind,  may,  by  will,  dispose  of  all  his  estate. 

Duress,  Menace,  Fraud. — A  will  pi-ociired  by  duress,  menace, 
fraud  or  undue  influence  is  void;  and  a  revocation,  procured  by 
the  same  means,  is  void. 

By  Married  "Woman. — A  married  woman  may  dispose  of  all 
her  separate  estate  by  will,  without  the  consent  of  her  husband, 
and  may  alter  or  revoke  the  will  in  like  manner.  Her  will  must 
be  executed  and  proved  in  like  manner  as  other  wills. 

Who  ma.y  Take  Under. — A  testamentary  disposition  may  be 
made  to  any  person  capable  by  law  of  taking  the  property  so 
disposed  of,  except  corporations  other  than  those  formed  for 
scientific,  literary  or  solely  educational  purposes. 

Esecution. — Every  will,  other  than  a  nuncupative  will,  must 
be  in  writing;  and  every  will,  other  than  a  holographic  will  and 
a  nuncupative  will,  must  be  executed  and  attested  as  follov/s; 
1.  It  must  be  subscribed  at  the  end  thereof  by  the  testator  himself, 
or  some  person  in  his  presence  and  by  his  direction  must  subscribe 
his  name  thereto;  2.  The  subscription  must  be  made  in  the  pres- 
ence of  the  attesting  witnesses,  or  be  acknowledged  by  the  testa- 
tor to  them,  to  have  been  made  by  him  or  by  his  authority;  3.  The 


1243  Wills.  Form  ;5S37 

testator  must,  at  the  time  of  subscribing  or  acknowledging  the 
same,  declare  to  the  attesting  witnesses  that  the  instrument  is 
his  will;  and,  4.  There  must  be  two  attesting  witnesses,  each  of 
whom  must  sign  his  name  as  a  witness  at  the  end  of  the  will,  at  the 
testator's  request,  and  in  his  presence. 

Kolographic. — A  holographic  will  is  one  that  is  entirely  Avritten, 
dated  and  signed  by  the  hand  of  the  testator  himself.  It  is  sub- 
ject to  no  other  form,  and  may  be  made  in  or  out  of  this  state, 
and  need  not  be  witnessed. 

"Witness'  Residence. — A  witness  to  a  written  will  must  write, 
with  his  name,  his  place  of  residence ;  and  a  person  who  subscribes 
the  testator's  name,  by  his  direction,  must  write  his  own  name 
as  a  witness  to  the  will.  But  a  violation  of  this  does  not  affect  the 
validity  of  the  will. 

NOTE. — Alaska,  Comp.  Laws  1913,  sec.  563  et  seq.;  Arizona,  Rev.  Stats. 
(Civ.  Code  1913),  sec.  1204  et  seq.;  California,  Civ.  Code,  sec.  1270  et  seq.; 
Colorado,  Mill's  Ann.  Stats.  1912,  sec.  7867  et  seq.;  Hawaii,  Rev.  Code  1915, 
see.  3258  et  seq.;  Idaho,  Rev.  Codes  1907,  sec.  5725  et  seq.;  Kansas,  Gen. 
Stats.  1915,  sec.  11,752  et  seq.;  Montana,  Rov.  Codes  1907,  sec.  4723  et  seq.; 
Nebraska,  Rev.  Code  1913,  see.  1286  et  seq.;  Nevada,  Rev.  Laws  1912,  sec. 
6202  et  seq.;  New  Mexico,  Stats.  Ann.  1915,  sees.  5857-5894;  Kcrtii  Dakota, 
Comp.  Laws  1913,  sec.  5640  et  seq.;  Oklahoma,  Harris  &  Day's  Code  1910, 
see.  8338  et  seq.;  Oregon,  Lord's  Oregon  Laws,  sec.  7316  et  seq.;  South 
Dakota,  Comp.  Laws  1913,  sec.  3305  et  seq.;  Utah,  Comp.  Laws  1907,  sec. 
2731  et  eeq.;  Washington,  Rem.  Code,  sec.  1319  et  seq.;  Wyoming,  Comp. 
Stats.  1910,  sec.  5394  et  seq. 

No.  3887.    WiU. 

In  the  Name  of  God,  Amen.  I,  P.  C,  of  the  city  and  county  of 
Sacramento,  state  of  California,  of  the  age  of  fortv-five  years,  and 
being  of  sound  and  disposing  mind  and  memory,  and  not  acting  under 
duress,  menace,  fraud  or  undue  infiiience  of  any  person  v.'hatever,  do 
make,  publish  and  declare  this  my  last  will  and  testament,  in  manner 
foUov/ing,  that  is  to  say: 

First.     I  direct  that  my  body  be  cremated. 

Secondly.  I  direct  that  my  executors,  as  soon  as  they  have  sufficient 
funds  in  their  hands,  pay  my  funeral  expenses. 

Third.  I  give  my  son,  C.  C,  all  that  certain  lot,  piece,  or  parcel  of 
land,  situate,  lying  and  being  in  the  city  and  county  of  San  Francisco, 
etate  of  California,  bounded  and  described  as  follows  to  wit  [Descrip- 
tion] : 

Fourth.  I  give  and  devise  all  the  rest,  residue  and  remninder  of 
anj'  real  estate,  of  every  name  and  nature  whatsoever,  owned  by  me  at 
the  time  of  my  death,  to  my  said  wife,  J.  C,  and  my  said  daughter, 
E.  C,  to  be  divided  equally  bctv,'ecn  them,  share  and  share  alike. 


Forms  3888, 3889         Cowderys  Form  Book.  1244 

I  hereby  nominate  and  appoint  T,  M.  and  G.  B.,  of  said  city  and 
county  of  San  Francisco,  the  executors  of  this,  my  last  Will  and  Testa- 
ment, and  hereby  revoke  all  former  wills  by  me  made. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this  ninth 
day  of  April,  in  the  year  of  our  Lord  one  thousand  nine  hundred  and 
seventeen. 

[Signature.] 

[Attestation — See  following  forms.] 

No.  3888.    Attestation  of  Will,  Signed  in  Presence  of  Witnesses. 

The  foregoing  instrument,  consisting  of  five  pages,  including  the  page 
signed  by  the  testator,  was,  at  the  date  thereof,  by  J.  W.,  the  maker 
thereof,  signed  in  our  presence,  and  in  the  presence  of  each  of  us,  and 
at  the  time  of  his  subscribing  said  instrument  he  declared  that  it  was 
his  will,  and  at  his  request  and  in  his  presence  and  in  the  presence  of 
each  other  we  have  subscribed  our  names  as  witnesses  thereto. 

A.  B.— Residing  at  1103  Maple  Street,  in  the  city  and  county  of  San 
Francisco,  California. 

C.  D.— Residing  at  1727  Golden  Gate  Avenue,  in  said  city  and  county. 

No.  3889.  Attestation  of  Will  Where  Testator's  Name  is  Written  by 
Person  at  His  Request. 
The  foregoing  instrument,  consisting  of  five  pages,  including  the  page 
directed  to  be  signed  by  the  testator,  was  at  the  date  thereof  directed 
to  be  signed  by  J.  W.,  the  maker  thereof,  who  in  our  presence,  and  in 
the  presence  of  each  of  us,  directed  W.  N.,  to  subscribe  his,  said  J.  W.'a 
name  to  said  instrument,  which  he,  the  said  W.  N.  did  then  and  there 
do  in  our  presence  and  in  the  presence  of  each  of  us  and  in  the  pres- 
ence of  the  testator,  and  at  the  time  of  said  subscribing  he,  the  testator, 
declared  that  said  instrument  was  his  will,  and  at  his  request  and  in 
his  presence  and  in  the  presence  of  each  other  we  have  subscribed  our 
names  as  witnesses  thereto. 

A.  B.,  residing  at  . 

C.  D.,  residing  at  . 

NOTE. — A  name  signed  to  a  will,  deed  or  other  writing,  at  the  request  of 
another  is  the  act  of  the  person  who  makes  the  request:  California,  Civ.  Code, 
sec.  14;  Code  Civ.  Proc,  sec.  17.  The  same  sections  provide  that  "signature  or 
subscription  includes  mark,  when  the  person  cannot  write,  his  name  being 
written  near  it  by  a  person  who  writes  his  own  name  as  a  witness;  provided, 
that  when  a  signature  is  by  mark,  it  must,  in  order  that  the  same  may  be 
acknowledged,  or  may  serve  as  the  signature  to  any  sworn  statement,  be  wit- 
nessed by  two  persons  who  must  subscribe  their  own  names  as  witnesses  thereto." 

The  words  "when  a  person  cannot  write"  refer  to  any  disability  which  dis- 
ables the  person  from  "writing,"  "printing,"  or  "typewriting  his  name."  They 
include  a  person  who  never  learned  to  write  his  name  and  one  who  is  either  tem- 
porarily or  permanently  unable  to  write  his  name. 


1245  Wills.  Forms  3890, 3891 

No.  3890.    Attestation  of  Will— Acknowledged  by  Tt^tator  to  be  Signed 

by  Him. 

The    foregoing    instrument,   consisting    of    five    pages,    including   the 

page  acknowledged  to  have  been  signed  by  the  testator,  and  he,  J.  W., 

at  the  date  thereof,  in  our  presence  and  in  the  presence  of  each  of  us, 

acknowledged  to  us  that  his  signature  to  said  instrument  was  made  by 

him    (or  was  made  by  W.  N.,  by  his  autliority),  and  he  at  the  same 

time  in  our  presence  and  in  the  presence  of  each  of  us  declared  that 

.  said  instrument  was  his  will,  and  at  his  request  and  in  his  presence  and 

in  the  presence  of  each  other,  we  have  subscribed  our  names  as  witnesses 

thereto. 

A.  B.,  residing  at  . 

C.  D.,  residing  at  . 

No.  3891.    Will. 

I,  Claus  Spreckels,  a  citizen  of  the  state  of  California,  and  a  resident 
of  the  city  of  San  Francisco  in  said  state,  now  present  in  the  city,  county 
and  state  of  New  York,  being  of  sound  and  disposing  mind,  and  not 
under  restraint  or  undue  influence,  do  make,  publish  and  declare  tliis 
to  be  my  last  will  and  testament,  hereby  revoking  all  other  wills  by 
me  made. 

First:  I  declare  that  all  the  estate,  whereof  I  may  die  possessed,  is 
the  community  property  of  my  wife,  Anna  Christina  Spreckels  and 
myself. 

Second:  I  hereby  give,  devise  and  bequeath  unto  my  trustees  here- 
inafter named,  all  my  estate,  real,  personal  and  mixed,  of  every  nature, 
kind  and  description,  wherever  situate  and  however  held,  Avhich  is  or 
may  be  subject  to  my  testamentary  disposition  at  the  time  of  my  death, 
to  have  and  to  hold  the  same,  in  trust  nevertheless,  for  the  uses  and 
purposes,  with  the  powers  and  in  the  manner  hereinafter  mentioned, 
namely,  to  wit: 

(a)  To  pay  over  the  net  annual  income  thereof  to  my  wife  during 
the  term  of  her  natural  life. 

(b)  Upon  the  death  of  my  said  wife,  or  upon  my  death  if  she  be  not 
then  surviving,  to  divide  said  estate  into  three  equal  parts,  when  one 
of  said  parts  shall  be  forthwith  assigiied,  transferred,  set  over,  and 
delivered  by  my  said  trustees  to  my  son  Claus  A.  Spreckels,  and  the 
same  shall  be  and  become  his  absolutely  and  forever,  and  another  of 
said  equal  third  parts  shall  be  forthwith  assigned,  transferred,  set  over 
and  delivered  by  my  said  trustees  to  my  son  Rudolph  Spreckels,  and  tlie 
same  shall  be  and  become  his  absolutely  and  forever. 

(c)  To  pay  over  the  net  annual  income  derived  from  the  remahiing: 
equal  third  part  of  my  estate  to  my  daughter  Emma  C.  Ferris  of  Kmo-s- 
wood,  England,  wife  of  John  Ferris,  during  her  natural  life,  upon  her 
receipt  without  anticipation,  and  the  same  shall  not  be  liable  for  her 
debts. 


Form  3891  Cowdery's  Form  Book.  1246 

Upon  the  death  of  my  said  daughter  Emma,  to  pay  over  the  principal 
of  said  one-third  part  of  my  estate,  with  all  accum.iilations,  of  the 
income  therefrom,  to  her  children  then  living,  and  so  that  each  child 
shall  receive  an  equal  share  thereof,  and  the  same  shall  become  his  or 
hers  absolutely  and  forever. 

Children  of  her  deceased  children  shall,  however,  take  the  share  which 
the  parent  would  have  taken  had  he  or  she  survived  my  said  daughter, 
and  the  same  shall  be  divided  between  said  children  share  and  share 
alike.  Upon  the  death  of  my  said  daughter  without  child,  children  or 
grandchildren  her  surviving,  the  trustees  shall  pay  over  the  principal  of 
said  one-third  part  of  my  estate,  with  all  accumulations  of  income  there- 
from, to  my  said  sons  Ciaus  A.  Spreekels  and  Rudolph  Spreckels,  share 
and  share  alike,  and  the  same  shall  become  theirs  absolutely  and  forever. 

Third:  If  my  said  son  Claus  A.  Spreckels  shall  not  be  living  at  the 
time  of  my  death,  or  surviving  me  be  not  living  at  the  time  of  my 
wife's  death,  then  all  the  legacies  and  devises  given  to  him  by  this 
will  shall  go  to  his  issue,  to  him  in  lawful  wedlock  born,  share  and 
share  alike,  and  the  same  shall  be  and  become  theirs  absolutely  and 
forever.  If  my  said  son  Rudolph  Spreckels  shall  not  be  living  at  the 
time  of  my  death,  or  surviving  me  be  not  living  at  the  time  of  my 
wife's  death,  then  all  the  legacies  and  devises  given  to  him  by  this 
will  shall  go  to  his  issue,  to  him  in  lawful  wedlock  born,  share  and  share 
alike,  and  the  same  shall  be  and  become  theirs  absolutely  and  forever. 

Fourth :  I  make  no  provision  in  this  v.dll  for  my  sons  John  D.  Spreck- 
els and  Adolph  B.  Si)rGekcls  for  the  reason  that  I  have  already  given 
to  them  a  large  part  of  my  estate. 

Fifth:  I  hereby  authorize  and  empower  my  trustees  hereinafter 
named,  to  invest  and  reinvest  the  trust  funds  hereinbefore  provided 
for  in  any  securities  which  are  approved  by  my  said  wife  and  by  them 
during  her  lifetime,  in  case  she  survives  me,  and  after  her  death,  in 
any  securities  which  said  trustees  deem  best,  whether  the  same  are  or 
are  not  investments  to  which  executors  and  trustees  are  by  law  limited 
in  making  investments,  and  to  change  or  vary  investments  from  time 
to  time  as  they  may  deem  best.  I  authorize  and  empower  my  executors 
and  trustees  hereinafter  named,  to  hold  and  continue  in  their  discretion, 
any  security  in  which  any  of  my  property  may  be  found  invested  at 
the  time  of  my  death,  my  intent  being  that  they  shall  be  absolved  and 
discharged  from  the  absolute  legal  duty  of  converting  my  estate  into 
money,  and  that  they  shall  not  be  liable  for  any  shrinkage  in  value 
by  reason  of  the  exercise  of  the  discretion  hereby  reposed  in  them. 

Sixth:  I  authorize  and  empower  my  executors  and  trustees  herein- 
after named  in  their  discretion  to  sell  and  dispose  of  any  and  all  of 
my  propert}'^,  real  or  personal,  wherever  situate  and  hovvever  held,  either 
at  public  or  private  sale,  and  at  such  time  or  times  and  upon  such 
terms  as  may  seem  to  them  meet  and  advisable,  and  to  give  to  the 
purchaser  or  purchasers  of  any  of  my  said  property'  all  deeds,  bills  of 
sale  and  other  muniments  of  title  which  may  be  expedient  or  necessary. 


1247  Wills.  Form  3892 

Seventh:  I  nominate,  constitute  and  appoint  my  sons  Claus  A. 
Sprcckels  and  Rudolph  Spreckels  as  executors  of  this  my  last  will  and 
testament,  and  as  trustees  of  any  and  all  trusts  herein  created,  and  I 
direct  and  request  that  no  bond  or  other  security  be  required  of  thoui 
as  such  executors  or  trustees,  or  in  any  capacity  in  which  they  may 
act  under  this  will. 

In  witness  whereof,  I,  Claus  Spreckels,  the  testator  above  named, 
have  to  this  my  last  will  and  testament,  consisting  of  five  pages  of 
paper,  hereunto  subscribed  my  name  and  set  my  seal  this  eleventh  day 
of  May,  1907. 

Claus  Spreckels. 

The  foregoing  instrument,  consisting  of  five  pages  of  paper,  was  here 
now  at  the  date  thereof  signed,  sealed,  published  and  declared  by  Claus 
Spreckels,  the  above-named  testator,  as  and  for  his  last  will  and  testa- 
ment, in  the  presence  of  us,  wlio,  at  his  request,  and  in  his  presence  and 
in  the  presence  of  each  other,  have  hereunto  signed  our  names  as  sub- 
scribing witnesses. 

William  W.  Cook, 
327  W.  75th  St.,  New  York. 
Thomas  B.  Jones, 
471  Stealford  Road,  Brooklyn,  New  York. 
Richard   T.   Thojupson, 
147  Park  Avenue,  Brooklyn,  New  York. 

No.  3892.     Wm. 

Ij  ,  of  the  ,  do  hereby  make,  publish  and  declare  this  my 

last  will  and  testament,  in  maimer  and  form  following: 

First.  I  direct  that  all  my  just  debts  and  funeral  expenses  be  paid 
as  soon  after  my  decease  as  conveniently  can  be  done. 

Second.     I  give  and  bequeath  to  my  sister,  ,  ,  wife  of  , 

of ,  should  she  survive  me,  the  sum  of dollars. 

Third.     I  give  and  bequeath  to  each  and  every  of  my  nephews  and 

nieces  of  my  own  blood  me  surviving,  the  sum  of  dollars,  and  in 

the  event  that  any  of  such  nephews  or  nieces  shall  have  died  before  me, 
leaving  lawful  issue  him  or  her  surviving,  then  I  give  and  bequeath  a 

like  sum  of  dollars  to  the  surviving  lawful  issue  of  each  nephew 

or  niece  so  dying  before  me,  the  same  to  be  distributed  among  such 
issue  share  and  share  alike  per  stirpes  and  not  per  capita. 

Fourth.  All  the  rest,  residue  and  remainder  of  my  estate,  real,  per- 
sonal and  mixed,  wheresoever  situate,  of  Avhich  I  may  die  seised  or  pos- 
sessed, or  to  which  I  may  be  entitled  at  the  time  of  my  decease,  I  give, 

devise  and  bequeath  to  my  wife,  to  have  and  to  hold  the  same  to 

her  absolutely  and  forever. 

Fifth.  This  provision  for  my  wife  is  to  be  in  lieu  of  all  right  of 
dower  in  my  estate. 

Sixth.  I  authorize  and  empower  my  executors,  hereinafter  named, 
and  the  survivors  or  survivor  of  them,  to  sell  and  dispose  of  all  or  any 


Form  3892  Cowdery's  Form  Book.  1248 

of  the  real  estate  of  which  I  shall  die  seised  or  possessed  at  public  or 
private  sale,  at  such  times  and  on  such  terms  and  conditions  as  they, 
the  survivors  or  survivor  of  them  shall  deem  best  or  proper,  and  to  exe- 
cute, acknowledge  and  deliver  all  proper  writings,  deeds  of  conveyance 
and  transfers  therefor. 

Seventh,  Should  any  of  the  gifts  and  bequests  made  by  me  in  the 
second  and  third  paragraphs  of  this,  my  will,  lapse  or  fail  for  any  rea- 
son, I  direct  that  the  bequests  so  lapsing  or  failing  shall  go  to  and  form 
part  of  my  residuary  estate  and  be  disposed  of  under  and  in  accordance 
with  the  provisions  of  the  fourth  paragraph  of  this,  my  will. 

Eighth.     I  nominate,  constitute  and  appoint  my  wife,  ,  and 

,  the  si^rvivors  and  survivor  of  them  executrix  and  executors  of 

this,  my  last  will  and  testament. 

In  the  event  of  the  death,  refusal  or  inability  to  act  of  said  ,  I 

hereby  nominate  and  appoint  also  for  some  j'ears  past  in  my  em- 
ployment, as  executor  in  his  place  and  stead.  I  further  direct  that  none 
of  the  persons  above  named  as  executors  shall  be  required  to  give  any 
bond  or  security  for  the  proper  discharge  of  their  duties. 

Ninth.  I  hereby  authorize  and  direct  my  said  executors  to  rent  a 
suitable  office  for  the  transaction  of  the  business  of  my  estate  and  to 
employ  and  pay  out  of  the  funds  of  my  estate  all  the  clerks  and  book- 
keepers that  may  be  necessary  for  the  proper  care  and  management 
thereof. 

Tenth.  I  hereby  revoke  all  former  or  other  wills  and  testamentary 
disposition  by  me  at  any  time  heretofore  made. 

Eleventh.  Should  any  of  the  beneficiaries  under  this  my  will  other 
than  my  said  wife  object  to  the  probate  thereof  or  in  any  wise  directly 
or  indirectly  contest  or  aid  in  contesting  the  same  or  any  of  the  pro- 
visions thereof  or  the  distribution  of  my  estate  thereunder,  then  and 
in  that  event  I  annul  any  bequest  herein  made  to  such  beneficiary,  and 
it  is  my  will  that  such  beneficiary  shall  be  absolutely  barred  and  cut 
off  from  any  sliare  in  my  estate. 

In  'witness  whereof,  I  have  hereimto  subscribed  my  name  and  affixed 

my  seal  at  ,  this  day  of  ,  19 — ,  in  the  presence  of  , 

whom  I  have  requested  to  become  attesting  witnesses  hereto. 

(Seal) 

T!ie  foregoing  instrument  was  subscribed,  sealed,  published  and  de- 
clared by  as  and  for  his  last  will  and  testament  in  our  presence 

and  in  the  presence  of  each  of  us,  and  we  at  the  same  time  at  his  re- 
quest in  his  presence  and  in  the  presence  of  each  other  hereunto  sub- 
scribed our  names  and  residences  as  attesting  witnesses  this day  of 

• ,  Residing  at  No.  . 

,  Residing  at  No.  . 


1249  Wills.  Form  38 93 

No.  3893.    Will. 

In  the  Name  of  God,  Amen :  I, ,  of ,  do  hereby  make  this  my 

will,  revoking  all  former  wills  by  me  made. 

I.  I  give,  devise  and  bequeath  to  my  wife  one-third  of  all  my  prop- 
erty, real  and  personal,  the  same  to  be  in  lieu  of  all  dower  and  rights 
of  succession,  and  I  hereby  appoint  her  the  executor  of  this  will. 

II.  I  direct  that  my  said  executor  divide  the  remaining  two-thirds 
of  my  estate  into  four  equal  shares,  and  I  give,  devise  and  bequeath  said 
shares  to  her  to  be  held  by  her  in  trust  for  the  benefit  of  my  children, 
one  share  for  each  child,  to  pay  the  income  of  each  child's  share  to  that 
child  until  he  or  she  attains  the  age  of  thirty  years,  and  then  to  pay 
over  to  that  child  the  principal  of  such  share.  During  the  minority  of 
any  child  such  portion  of  the  income  of  that  child's  share  is  to  be  used 
by  my  executor  for  that  child's  support,  maintenance  and  education  as 
she  deems  best,  and  the  remainder  of  such  income  is  to  be  accumulated 
with  or  without  interest  until  majority,  and  my  said  executor  shall  not 
be  held  accountable  for  any  failure  to  obtain  interest  on  such  accumu- 
lations. 

III.  In  ease  of  the  death  of  any  one  of  said  children  before  attain- 
ing the  age  of  tliirty  years,  I  give  that  child's  share  to  that  child's  heirs, 
according  to  the  present  laws  of  the  state  of . 

IV.  I  appoint  my  wife  as  guardian  of  my  minor  children,  and  direct 
that  she  shall  not  be  required  to  give  any  security  as  such. 

V.  In  the  event  of  the  death  of  my  wife  before  all  the  trusts  herein 
are  executed,  I  appoint  my  said  four  children  or  the  survivors  of  them 
as  trustees  to  execute  the  trusts  then  unperformed,  and  also  I  appoint 
them  as  executors  in  her  place  in  the  event  of  her  death,  without  secur- 
ity either  as  executors  or  as  trustees,  and  I  direct  that  my  wife  shall 
not  be  required  to  give  security  either  as  executor  or  trustee. 

VI.  I  give  to  my  said  executor  and  trustee  and  to  her  said  successors 
as  executors  and  trustees  full  power  to  sell,  without  application  to  court, 
any  and  all  of  my  said  property,  whether  real  or  personal,  and  to  invest 
and  reinvest  the  proceeds  thereof  as  in  her  or  their  judgment  she  or 
they  may  deem  best. 

VII.  I  hereby  empower  any  child  during  the  life  of  the  trust  for 
that  child  to  dispose  by  Avill  of  the  share  so  left  in  trust  for  him  or  her. 

In  witness  whereof,  I  have  hereunto  set  my  hand  this  day  of 

. ,  19-. 

(Signed)  (Seal) 

Witnesses : 

(Signed)  -^— 


Form  Book — 79 


Form  3894  Cowdery's  Form  Book.  1250 

The  foregoing  instrument  was  subscribed  in  our  presence  by  the  tes- 
tator, this  day  of  ,  19 — ,  and  at  the  time  thereof  he  declared 

to  us,  being  all  together,  that  the  instrument  was  his  v/ill,  and  at  his 
request  and  in  his  presence  and  in  the  presence  of  each  other,  we  sub- 
scribed our  names  as  such  witnesses. 

,  Residing  at  . 

,  Residing  at  . 

,  Residing  at  . 

No.  3894.  Will  Making  a  General  Disposition  of  Property,  Also  an  An- 
nuity, Witli  Other  Bequests. 

I,  A.  B.,  of  C,  in  the  county  of  S.,  being  infirm,  and  sensible,  too,  of 
my  liablcness  to  sudden  death,  at  the  same  time  being,  as  I  think,  of 
sound  mind,  judge  it  best  to  make,  and  do  hereby  make,  this  my  last 
will  and  testament. 

It  is  my  will  that  ray  debts  and  the  charges  of  my  funeral  be  paid 
as  soon  as  conveniently  may  be  after  my  decease,  and  I  leave  the  charges 
of  my  funeral  to  the  direction  of  my  family. 

I  give  and  devise,  of  all  my  estate,  real  and  personal,  in  the  following 
manner: 

I  give  to  my  daughter  M.  E.  and  to  her  heirs  and  assigns  fifteen  hun- 
dred dollars,  which  with  what  I  heretofore  advanced  to  and  for  her, 
viz.,  before  her  intermarriage  with  Mr.  D.  M.,  I  judge  to  make  at  least 
twenty  thousand  dollars.  And  I  discharge  her  and  all  concerned  and 
that  may  be  concerned  with  and  for  her  and  them,  of  what  I  charged 
her  with  in  my  books. 

I  give  to  my  daughter  G.  L.  and  to  her  heirs  and  asr?igns,  twenty 
thousand  dollars. 

I  give  to  my  daughter  G.  E.  and  to  her  iieirs  and  assigns  twenty  thou- 
sand dollars,  to  be  paid  to  her  when  she  shall  arrive  at  the  nge  of 
twenty-one  years;  and  if  she  shall  leave  lawful  issue,  then  I  give  the 
same  sum  to  such  issue,  to  be  paid  to  such  issue,  in  equal  shares,  when 
and  as  each  of  them  arrive  at  twenty-one  years  of  age,  or  at  the  time 
of  his  or  her  marriage,  whichever  shall  first  happen.  And  in  the  mean- 
time it  is  my  will  that  the  same  sum  be  kept  at  interest  for  t}>c  benefit 
of  the  said  G.  E.,  and  such  issue,  and  I  empower  my  executors,  or  avIio- 
ever  sliall  have  the  care  of  the  said  twenty  thousand  dollars,  to  apply 
as  much  of  the  interest  and  income  of  tlie  same  as  they  sliall  judge  best 
for  her  and  their  support  and  education. 

I  give  to  Mr.  M.  F.,  on  the  day  and  at  the  time  of  my  decease,  five 
thousand  dollars,  provided  and  on  condition  he  shall  then  be  employed 
or  engaged  in  my  business  in  like  manner  as  he  now  is.  This  gift  I  so 
make  him  in  testimony  of  the  great  regard  I  have  for  him,  and  the  sense 
I  have  of  his  great  faithfulness  in  my  service. 

And  it  is  my  will  that  if  my  son  H.  dies  before  he  arrives  at  the  age 
of  twenty-one  years,  then  what  shall  remain  of  his  share  of  my  estate 


1251  Wills.  Form  3805 

shall  go  to  his  surviving  brethren  aforenamed,  in  equal  shnves.  But  if 
either  of  these  brethren  shall  happen  to  die  witliout  legal  issue  living, 
and  this  while  the  said  H.  shall  be  living,  then  I,  in  the  case  aforesaid, 
give  the  same  to  the  survivor  of  said  brethren  (namely,  E.  and  D.)  and 
the  heirs  of  such  survivor. 

The  remainder  of  my  estate  I  give  and  grant  to  my  sons  E.,  D.,  and  H. 
in  equal  shares,  and  so  to  their  respective  heirs  forever.  The  share  of 
my  son  H.  of  the  same  remainder,  to  be  paid  to  him  when  he  comes  to 
the  age  of  twenty-one  years,  but  until  then  the  same  siiare  to  remain 
in  the  hands  of  my  executors,  the  personal  estate  to  be  let  and  placed 
at  interest,  and  the  real  estate  improved  or  let  to  the  best  advantage, 
for  the  use  of  the  said  H.,  and  so  in  like  manner,  his  share  of  all  sur- 
plusage of  interest  and  income,  which  I  would  have  added  to  the  capital 
stock,  and  let  at  interest  for  his  benefit,  saving  neverth.eless,  that  the 
same  interest  and  income  may  be  used,  paid,  and  applied,  as  I  do  by 
this  will  grant,  allow,  order  and  provide.  And  as  my  executors  must 
necessarily  have  much  trouble,  and  employ  a  great  deal  of  time  in  exe- 
cuting this  my  will,  I  desire  and  empower  them  to  employ  Mr.  A.  R.  W., 
attorney  at  law,  San  Francisco,  California,  or  any  other  person  they 
shall  tliink  fit,  in  assisting  them  in  the  settlement  of  my  accounts  and 
affairs,  and  in  the  improvement  of  my  trading  stock,  and  that  they  agree 
to  give  and  pay  to  him  and  them  such  sums  of  money  out  of  my  estate 
therefor,  as  they,  my  said  executors,  shall  judge  reasonable. 

Signed  [etc.]. 

[Signature.] 

No.  3895.  Clause  Disposing  of  Heal  and  Personal  Estate  to  Trustees, 
With  Power  to  Sell. 

I  give  all  my  lands  and  tenements,  wheresoever  situated,  unto  the 
said  C,  D.  and  E.,  and  the  heirs  of  the  survivor  of  them,  to  have  and 
to  hold  the  same  to  the  uses  following,  to  wit,  to  the  use  of  them,  tlie 
said  C,  D.  and  E.  and  the  survivor  of  them,  and  his  heirs,  during  the 
life  of  F.  G.,  husband  of  my  daughter  H.  B.,  and  after  his  decease,  if 
my  said  daughter  survives  him,  to  her  use  and  the  use  of  her  heirs  and 
assigns  forever;  but  if  my  said  daughter  does  not  survive  him,  tlien, 
after  his  decease,  to  the  use  of  the  children  of  my  said  daughter,  and 
their  respective  heirs  forever,  as  tenants  in  common,  and  the  legal  rep- 
resentatives of  any  child  of  my  said  daughter,  Avho  may  have  deceased, 
to  be  entitled  to  the  same  share  as  his  or  her  parent  would  have  been, 
if  living. 

And  the  lands  and  tenements  which  I  have  devised  unto  the  said  C, 
D.  and  E.,  and  the  survivor  of  them,  for  and  during  the  life  of  the  said 
F.  G.,  is  upon  the  especial  trusts  following,  to  wit,  that  they  the  said 
C,  D.  and  E.,  and  the  survivor  of  them,  shall,  during  the  continuance 
of  the  said  estate,  receive  the  rents  and  profits  accruing  from  the  lands 
and  tenements  aforesaid,  and  therewith  make  all  necessary  repairs,  and 


Forms  3896, 3897         Cowdery's  Foem  Book.  1252 

pay  all  taxes  and  other  necessary  charges  and  expenses  in  and  about 
the  same;  and  after  all  such  payments  deducted,  shall  at  such  times  and 
places  annually,  and  in  such  proi^ortions  as  they  [or  the  survivors]  or 
the  survivor  of  them,  or  the  heirs  of  the  survivor  of  them  may  deem 
expedient,  pay  over  the  residue  of  such  rents  and  profits  to  my  said 
daughter  during  her  life,  to  her  sole  and  separate  use  and  benefit ;  and 
after  her  decease,  in  the  same  manner,  shall  appropriate  and  expend  the 
same  in  the  maintenance  and  education  of  her  children,  or  any  or  either 
of  them,  as  they,  the  said  C.  D.  and  E.,  or  the  survivors  or  sui'vivor  of 
tliem  may  deem  expedient. 

No.  3896.    Clause  Conferring  Power  to  Sell. 

And  I  do  hereby  authorize  and  empower  the  said  C,  D.  and  E.  and 

the  survivors  and  survivor  of  them,  during  the  life  of  the  said  F.  G.  if 
tliey  shall  judge  expedient  either  in  the  lifetime  of  my  said  daughter, 
for  her  sujiport  and  maintenance,  or  after  her  decease  in  the  lifetime  of 
the  said  F.  G.  for  the  maintenance  and  education  of  her  children,  or  any 
or  either  of  them,  to  sell  and  convey,  for  such  prices  as  they  deem 
proper,  all  or  any  part  of  my  lands  and  tenements  aforesaid,  and  the 
v/liole  proceeds  of  such  sale  or  sales,  or  any  part  thereof,  or  the  interest 
and  income  thereof,  from  time  to  time,  and  at  such  times  and  places,  in 
such  proportions  as  they  may  judge  expedient,  to  appropriate  to  all  or 
p.ny  of  the  purposes  aforesaid;  and  after  the  decease  of  the  said  G.,  to 
pay  the  whole  proceeds  of  such  sales  then  remaining  unto  my  said  daugh- 
ter, if  living,  for  her  own  use  forever;  otherwise,  to  distribute  the  same 
nmong  her  children,  to  their  respective  uses  forever,  as  tenants  in  com- 
mon; and  the  legal  representatives  of  any  cliild,  who  may  have  deceased, 
to  be  entitled  to  the  same  share  as  his  or  her  parent  would  have  been, 
if  then  living. 

No.  3897.  Clause  Directing  Residue  of  Personal  Estate  to  be  Invested 
in  Stock. 
And  I  do  further  authorize,  empower,  and  direct  the  said  C,  D.  and 
E.,  and  the  survivors  and  survivor  of  them,  after  payment  of  ray  just 
debts  and  incidental  charges  by  course  of  administration,  to  retain  and 
keep  in  their  own  hands,  during  the  life  of  the  said  F.  G.,  all  my  per- 
sonal estate  then  remaining,  and  the  same  to  invest  in  bank  or  other 
stock,  or  put  out  at  interest  on  good  security,  and  the  interest  and  in- 
come thereof,  annually,  at  such  times  and  places,  and  in  such  propor- 
tions as  they  shall  judge  expedient,  to  pay  to  my  said  daughter  during 
her  life,  for  her  sole  and  separate  use.  And  if  my  said  daughter  shall 
survive  the  said  F.  G.,  then,  on  his  decease,  to  pay  the  whole  of  said 
personal  estate  to  her,  to  her  own  use  forever;  but  if  she  shall  not  sur- 
vive the  said  F.  G.,  then  during  his  life,  after  her  decease,  to  appro- 
priate the  same  interest  and  income  thereof  to  the  maintenance  and 
education  of  her  children,  or  any  or  either  of  them,  as  they  shall  judge 


1253  Wills.  Forms  3898, 3899 

expedient,  and  after  the  death  of  the  said  F.  G.,  to  distribute  the  whole 
of  said  personal  estate  among  said  children,  to  their  respective  use  for- 
ever; and  legal  representatives  of  any  child,  who  may  have  died,  to  be 
entitled  to  the  same  share  as  his  or  her  parent  would  have  been,  if  then 
living.  And  I  do  further  authorize  the  said  C,  D.  and  E.,  and  the  sur- 
vivor of  them,  during  the  life  of  said  F.  G.,  in  case  that  they  shall  judge 
expedient,  to  appropriate  the  whole,  or  any  part  of  the  principal  of  my 
said  personal  estate  either  to  the  support  and  maintenance  of  my  said 
daughter  during  her  life,  or  after  her  death,  to  the  education  and  main- 
tenance of  all  or  any  of  her  children. 

No.  3898.  Clause  Devising  to  Da.ughter  for  Life,  Rsmainder  to  Trus- 
tees to  Support  Contingent  Remainders,  etc. 
And  as  to,  for,  and  concerning  my  said  house,  at  N.  aforesaid,  and 
the  said  pasture  and  all  coach-houses,  barns,  stables,  edifices,  buildings, 
courts,  yards,  orchards,  gardens,  and  pleasure  grounds,  to  the  said  cap- 
ital house  belonging  or  appertaining,  and  now  in  my  own  occupation, 
from  and  immediately  after  the  decease  of  my  said  wife  and  son,  and 
also  as  to,  for  and  concerning  all  the  said  tenements,  etc.,  hereinbefore 
given  or  limited  in  use  to  the  said  A.  and  B.,  their  executors,  etc.,  for 
the  said  term  of  twenty  years,  upon  the  trusts  aforesaid,  from  and  im- 
mediately after  the  end,  expiration,  or  other  sooner  determination  of 
the  said  term  of  twenty  years,  and,  in  the  meantime,  subject  thereto  and 
to  tlie  trusts  thereof,  to  the  use  of  my  daughter  H.  M.  H.,  wife  of  the 
said  M.  H.,  the  elder,  for  and  during  her  life;  and  from  and  al'ter  the 
end,  expiration,  or  other  sooner  determination  in  that  estate  by  for- 
feiture or  otherwise  in  her  lifetime,  to  the  use  of  the  said  C.  P.  and 
P.  W.,  and  their  heirs,  during  the  life  of  my  said  daugliter,  in  trust  to 
support  and  preserve  the  contingent  uses  and  estates,  hereinafter  given 
or  limited  from  being  defeated  or  destroyed,  and  for  that  purpose  to 
make  entries,  and  bring  actions,  as  occasion  shall  be  or  require,  l)ut 
nevertheless  to  suffer  my  said  daughter  or  lier  assigns,  to  receive  and 
take  the  rents  and  profits  of  the  said  lands,  etc.,  for  her  own  use,  dur- 
ing her  life;  and  from  and  immediately  after  the  decease  of  my  said 
daughter,  then  also  as  to,  for,  and  concerning  the  said  lands,  etc.,  wit'i 
their  respective  appurtenances,  to  the  use  of  my  grandson,  M.  H.,  the 
younger,  and  his  assigns,  for  and  during  his  life,  and  from  and  after 
the  determination  of  that  estate,  by  forfeiture  or  otherwise,  in  his  life- 
time, then  to  the  use  of  the  said  C.  P.  and  P.  W.  and  their  heirs,  during 
the  life  of  my  said  grandson,  M.  H.,  the  younger,  in  trust  to  support 
and  preserve  the  contingent  uses  and  estates  hereinafter  given  or  limited 
from  being  defeated  or  destroyed. 

No.  3899.     Clause  Containing  Proviso  Binding  the  Testator's  Devisees 
to  Take  Kis  Surname. 
Provided  always,  and  my  will  nevertheless  is,  that,  if  the  persons  to 
vrhose  use   the  said   lands   and   tenements   are  hereinbefore   devised   or 


Forms  3900, 3901         Cowdery's  Form  Book.  1254 

limited,  in  remainder  from  and  after  the  decease  of  my  said  daughter, 
H.  M.  H.,  do  not,  and  shall  not,  as  and  when  they  sliall  severally,  by 
virtue  of  the  devises  and  limitations  hereinbefore  contained,  become  and 
be  entitled  in  possession  to  the  said  premises,  respectively,  or  to  receive 
and  take  the  profits  thereof,  use,  assume  and  take  upon  themselves  re- 
Bl^ectively  the  surname  of  S.,  and  by  the  said  surname  of  S.  only,  and 
no  other,  from  thenceforth  forever,  thereafter  continue  to  name,  stj'le 
and  write  themselves,  in  all  deeds,  instruments  and  writings,  S.  only, 
or  shall  refuse,  decline  or  neglect  so  to  do,  for  the  space  of  six  months 
after  they  shall  severally  become  and  be  so  entitled  as  aforesaid,  and 
be  of  the  age  of  twenty-one  years  or  upward:  Then,  and  as  often  as 
the  case  shall  so  haj^pen,  the  estate  and  interest  of  him,  her,  or  them  so 
refusing,  declining  or  neglecting  as  aforesaid,  of  and  in  all  the  said 
premises  hereinbefore  given  and  devised,  shall  from  thenceforth  cease, 
determine  and  be  void,  in  such  and  the  same  manner  to  all  intents  and 
purposes  whatsoever  as  if  he,  she  or  they  so  refusing,  declining  or  neg^ 
lecting  as  aforesaid  was  or  were  actually  dead  without  issue,  anything 
hereijibefore  contained  to  the  contrary  thereof  notwithstanding. 

The  surname  aforesaid  to  be  always  spelled  with  the  same  letters  in 
the  same  sequence  as  in  this  instrument  used;  and  the  omission  or  dis- 
placement of  any  letter  or  letters,  or  the  addition  of  any  word  or  letter 
so  as  to  change  the  sound,  accent  or  meaning  of  said  surname  shall  work 
a  forfeiture  as  is  hereinabove  provided. 

No.  3900.    Clause  Bequeathing  Money  upon  Trusts. 

I  give  ten  thousand  dollars  to  the  said  C.  P.  and  P.  W.,  their,  etc., 
upon  and  for  the  trusts,  intents  and  purposes,  and  with  and  subject  to 
the  powers  and  provisos  hereinafter  mentioned  and  expressed  of  or  con- 
cerning the  same,  that  is  to  say,  upon  trust,  that  they,  the  said  C.  P. 
and  P.  W.,  and  the  survivor  of  them,  etc.,  shall  pay  the  interest  of  the 
said  sum  of  ten  thousand  dollars  to  my  said  daughter,  H.  M.  H.,  or 
otherwise  authorize  and  empower  her  to  receive  and  take  the  same  for 
her  own  use,  during  her  life,  and  shall,  after  her  decease,  stand  and  be 
possessed  of  the  said  sum  of  ten  thousand  dollars,  in  trust  for  all  and 
every  the  child  and  children  of  my  said  daughter,  H.  M.  H.,  lawfully 
begotten  or  to  be  begotten,  and  to  go  or  be  paid,  and  assigned  and  trans- 
ferred to  such  cliild  or  children,  at  such  time  or  times,  and  if  more  than 
one,  in  sueii  parts,  shares  and  proportions,  and  with,  under,  and  subject 
to  such  conditions  and  limitations  over,  as  my  said  daughter  shall,  by 
deed  or  writing,  or  by  her  last  will,  direct. 

No.  3901.    Clause  Containing  Provision  for  Indemnity  of  Trustees. 

And  I  do  hereby  declare  my  will  to  be,  that  it  shall  be  lawful  to  and 
for  my  said  trustees  and  executors,  and  their  respective  heirs,  executors 
and  administrators  (or  if  such  cannot  be,  hj  those  appointed  by  law 
in  their  stead),  by  and  out  of  all  or  any  of  the  moneys,  which,  by  virtue 


1255  Wills.  Forms  3902, 3903 

of  this  my  will,  or  any  trust  tlicrein  declared,  shall  come  to  tlieir,  or 
any  of  their,  liands,  to  deduct,  retain  to  and  reimburse  themselves  all 
such  reasonable  costs,  charges  and  expenses  as  tliey  respectively  sustain, 
expend,  or  be  put  unto,  in  or  about  the  execution  of  this  v.-ill,  and  also 
that  my  said  trustees  and  executors,  their  respective  heirs,  executors  and 
administrators  (with  the  limitation  aforesaid)  shall  be  charged  and 
chargeable  only,  every  of  tliem,  for  and  with  his  own  respective  receipts, 
payments,  acts  and  willful  defaults,  and  not  otlierwise,  and  shall  not  be 
cliarged  or  chargeable  with  or  for  any  sum  or  sums  of  money,  other 
tiian  such  as  shall  actually  and  respectively  come  to  his,  her  and  their 
hands  by  virtue  of  this  ray  will,  nor  with  or  for  any  loss  or  damages 
which  may  happen,  in  or  about  the  execution  of  all  or  any  of  the  trusts 
hereby  in  them  reposed,  without  his,  her  or  their  respective  willful 
default. 

No.  3902.  Clause  Providing  That,  in  Case  a  Legatee  shall  Sue  or  Molest 
Any  Other  Legatee,  in  the  Enjoyment  of  His  Legacy,  etc., 
Such  Gift  to  Such  Person,  etc.,  to  be  Void. 
And  further,  in  case  any  person  or  persons  to  whom  any  legacy  or 
benefit  out  of,  from  or  by  reason  of  this  my  will,  shall  come,  shall  com- 
mence any  suit  in  any  court  whatsoever,  or  by  any  Avays  or  means,  sue 
and  disturb,  or  cause  to  be  sued  and  disturbed,  my  executors  or  trus- 
tees herein  named,  or  any  other  person  or  persons  whatsoever,  to  whom 
anything  is  by  me  given  in  this  my  will,  from  the  recovering,  quiet  en- 
joying and  possessing,  of  what  is  by  me  herein  given  as  aforesaid,  and 
in  such  manner  as  is  therein  mentioned,  then  my  will  and  meaning  is, 
that  all  and  every  the  legacy  and  legacies,  herein  by  me  given  to  any 
such  person  or  persons  whatsoever,  who  shall  so  sue  and  disturb  as 
aforesaid,  shall  cease,  determine  and  be  utterly  void.  And  that  then 
and  from  thenceforth,  I  do  give  and  bequeath  all  and  every  the  legacies, 
v.'hich  I  had  in  this  my  will  given  to  such  person  or  persons,  or  in  trust 
for  such  person  or  persons,  unto  my  said  grandson,  A.  B.,  his  executors 
and  administrators. 

No.  3903.    Clause  Containing  Proviso  for  Appointing  New  Trustees. 

Provided  likewise,  and  I  direct,  that  in  case  any  or  either  of  tliera 
the  said  trustees  or  trustee,  or  any  future  trustee  or  trustees,  shall  die, 
or  be  desirous  to  be  discharged  from,  or  neglect  or  refuse  to  act  in,  the 
trusts  hereby  created,  at  any  time  or  times  before  the  same  trusts  shall 
be  finally  performed  or  otherwise  determined,  then  it  shall  and  may  be 
lawful  to  and  for  the  survivor  or  survivors  of  them,  by  any  writing  or 
writings,  under  his  or  their  hands,  and  be  attested  by  two  or  more 
credible  v/itnesscs,  from  time  to  time,  to  nominate  or  appoint  any  other 
person  or  persons  to  be  trustee  or  trustees,  in  the  stead  or  place  of  the 
trustee  or  trustees  so  dying  or  desiring  to  be  discharged,  or  refusing  or 
declining,  or  becoming  incapable  to  act  as  aforesaid,  and  that  wlien,  and 
so  often  as,  any  sucli  new  trustee  or  trustees  shall  be  nominated  and 


Form  3904  Cowdery's  Form  Book.  1256 

appointed  as  aforesaid,  all  the  trust  estates,  moneys  and  premises,  which 
shall  then  be  vested  in  the  trustee  or  trustees  so  dj'ing,  or  desiring  to 
be  discharged,  or  refusing  or  declining,  or  becoming  incapable  to  act  as 
aforesaid,  either  solely  or  jointly  with  the  other  trustee  or  trustees,  shall 
be  thereupon,  with  all  convenient  speed,  conveyed,  assigned  and  trans- 
ferred in  such  manner,  and  so  as  that  the  same  sliall  and  may  be  legally 
and  effectually,  vested  in  the  surviving  or  continuing  trustee  or  trus- 
tees, or  if  there  shall  be  no  continuing  or  surviving  trustee  or  trustees, 
then  in  such  new  trustees,  and  ujDon  the  said  trusts  as  are  hereinbefore 
declared  of  and  concerning  the  same  trust  estates,  moneys  and  premises 
respectively,  or  such  of  them  as  shall  and  may  be  subsisting  and  capable 
of  taking  effect;  and  that  any  such  new  trustee  or  trustees  shall,  in  all 
things,  act  and  assist  in  the  management,  carrying  on  and  execution  of 
the  trusts,  to  which  they  shall  be  so  appointed  in  conjunction  with  the 
other  surviving  or  continuing  trustee  or  trustees ;  and  if  there  shall  not 
then  be  any  such  surviving  trustee  or  trustees,  then  by  themselves,  as 
fully  and  effectually,  and  with  all  the  same  power  and  powers,  authority 
and  authorities,  of  consent,  approbation,  discretion,  calling  in,  laying  out 
and  investing,  compounding,  compromising,  giving  and  signing  effectual 
indemnifications  and  discharges  to  purchasers,  mortgagees,  or  others, 
and  all  other  powers  and  autliorities  whatsoever,  to  all  intents  and  pur- 
poses whatsoever,  as  if  he  or  they  had  been  originally,  in  and  by  this 
my  will  appointed  trustee  or  trustees,  for  the  purposes  for  which  such 
trustee  or  trustees,  in  or  to  whose  place  such  new  trustee  or  trustees 
shall  i-espeetively  come  or  succeed,  are  and  is  enabled  to  do.  or  could  or 
might  have  done,  under  and  by  virtue  of  this  my  will,  if  then  living,  or 
continuing  to  act  in  the  trusts  herebj'^  reposed  in  them;  and  I  particu- 
larly recommend  and  request  that  such  substitution  or  nomination  of  a 
new  trustee  may  be  made  on  the  death  or  resignation  of  anj'^  of  the  said 
trustees,  or  within  twelve  months  after  such  event  shall  take  place. 

No.  3904.  Clause  Containing  Provision  for  Appointment  of  Trustees— 
Another  Form. 
Provided,  always,  that  in  case  of  the  death  of  either  of  the  said  trus- 
tees, my  will  is,  that  the  survivor  of  them  do,  immediately  after  the 
death  of  eitlier  of  them,  the  said  trustees,  by  any  writing  under  his  hand 
and  seal,  to  be  attested  by  two  or  more  credible  witnesses,  appoint  some 
otlier  fit  person  or  persons  to  be  trustee  or  trustees  in  the  place  and 
stead  of  the  trustee  so  dying,  which  new  trustee  or  trustees  so  to  be  ap- 
pointed shall  have  the  same  power  touching  the  trust  premises  and  in 
the  execution  of  the  trusts  herein  contained  as  they,  the  said  C.  D.  and 
E.  F.,  or  either  of  them,  would  have  had  by  virtue  of  this  my  will,  or 
otherwise,  in  case  they  had  been  living.  And  lastly,  I  do  hereby  consti- 
tute the  said  C.  D.  and  E.  F.,  trustees  and  executors  of  this  my  last  will 
and  testament,  and  do  give  and  bequeath  to  each  of  them  the  sum  of 
five  thousand  dollars,  upon  condition  that  they  respectively  take  upon 
them  the  execution  of  the  trusts  hereby  in  them  reposed,  etc. 


1257  Wills.  Forms  3905-3908 

No.  3905.  Clan.se  Wh3rel)y  Testator  Forgives  All  Debts  Due  from  Re- 
lations Therein  Named. 
And  whereas,  there  are  considerable  sums  of  money  due  and  owing 
to  me  upon  bonds,  bills,  and  otherwise,  from  my  relations  licreinbefore 
named,  it  is  my  Avill,  and  I  do  lioreby  direct,  that  the  same  bonds,  bills, 
etc.,  immediately  after  my  death,  shall  be  canceled  and  destroyed  by  my 
said  executors.  And  I  do  hereby  discharge  my  aforenamed  relations, 
and  every  of  them,  their  and  every  of  their  heirs,  executors  and  adminis- 
trators, from  the  jjayment  of  every  debt  and  debts  due  and  owing  to  me, 
or  my  estate,  upon  any  account  whatsoever,  without  any  abatement  or 
deduction  from  or  out  of  their  legacies,  before  by  me  given  or  devised 
to  them  respectively,  in  and  by  tliis  my  last  will  and  testament. 

No.  3906.  Clause  Whereby  Testator  Remits  a  Debt  Due  from  His 
Brother,  in  Case  He  Does  not  Molest  the  Execution  of  His 

wm. 

And  whereas,  my  brother  W.  D.  stands  justly  and  duly  indebted  to 
me  in  several  sums  of  money,  which  I  have,  for  several  years  now  hist 
past,  paid,  lent  and  advanced  to  and  for  him  and  his  use,  amounting 
in  the  whole  to  the  sum  of  $10,000  and  upv^'ard;  my  will  therefore  is, 
that  in  case  he  gives  no  trouble  or  molestation  to  my  executors  in  the 
execution  and  performance  of  this  my  last  will  and  testament,  I  do  Iiere- 
after  remit  and  release  unto  him  the  said  debt  of  $10,000,  and  lie  shall 
not  be  answerable  to  my  executors  for  the  same.  But  in  case  he  gives 
trouble,  molestation  or  disturbance  to  them,  or  either  of  them,  for  or 
on  account  of  anything  in  this  my  will  contained,  then  I  give  the  said 
$10,000  to  my  executors,  upon  the  trusts,  intents  and  jDurposes  in  this 
my  last  will  mentioned,  and  in  aid  of  the  full  execution  and  perform- 
ance of  the  same. 

ITo.  3907.    Bequest  of  One  Dollar  to  an  Imprudent  Son. 

Whereas  my  eldest  son,  W.  H.,  hath  highly  offended  and  disobeyed 
me,  I  therefore  give  and  bequeatli  unto  my  said  son  W.  H.  one  dollar 
and  no  more. 

No.  3908.  Devise  or  Grift  to  Stanford  University,  San  Mateo  County, 
California,  for  the  Education  of  One  Poor  Scholar  For- 
ever. 

Item:  I  give,  etc.,  unto  the  said  S.  University  and  to  its  heirs  and 
assigns  forever,  all  that  block  of  laud  in  the  city  and  county  of  San 
Francisco,  state  of  California,  bounded  by  California,  Mason  and  Sacra- 
mento and  Taylor  Streets.  Upon  this  special  trust  and  confidence  never- 
theless, that  it  shall,  from  time  to  time,  and  at  all  times  hereafter,  per- 
mit and  suffer  the  directors  and  fellow's  of  S.  University  for  the  time 
being,  and  their  successors  forever,  to  receive  and  take  the  rents,  issues, 
and  profits  thereof,  Wiiicli  I  direct  and  appoint,  shall  from  time  to  time 


Forms  3909-3911         Cowdery's  Form  Book.  1258 

and  at  all  times  hereafter,  be  paid  and  allowed  for  and  toward  tlio 
maintenance  and  education  of  a  poor  scholar  of  the  said  college,  for  and 
during  and  until  such  scholar  shall  be  bachelor  of  arts;  and  then  to  an- 
other poor  scholar  to  be  elected  and  chosen,  which  scholar  shall,  from 
time  to  time,  be  nominated,  elected,  and  chosen  by  the  directors  and 
president  of  the  said  college. 

No.  3909.     Devise  to  an  Executor  in  Considera,tion  of  Friendship,  etc. 

Item:  In  consideration  of  the  love  and  friendship  which  I  have  and 
bear  for  and  toward  him,  the  said  J.  C.  R.,  and  also  in  consideration 
of  the  many  faithful  services  he  has  for  many  years  last  past  done  and 
perfonned  for  me  in  and  about  my  affairs,  and  likewise  in  recor.ipense 
for  the  great  care  and  pains  he  may  be  at  and  put  unto,  in  the  faithful 
execution  of  this  mj^  last  will  and  testament,  I  give  and  devise  unto  him, 
the  said  J.  C.  R.,  all  the  rest,  residue,  and  remainder  of  my  real  and  per- 
sonal estates  whatsoever,  goods  and  chattels,  lands,  tenements  and  her- 
editaments, both  in  possession  and  in  reversion,  that  I  shall  be  possessed 
of,  or  any  waj'^  entitled  unto,  at  the  time  of  my  decease  (after  all  my 
debts  and  legacies  are  first  paid  and  satisfied  thereout,  as  aforesaid),  to 
hold  and  enjoy  the  same  to  his  ov/n  proper  use  and  behoof,  and  to  his 
heirs  and  assigns  forever. 

No.  3910.    Direction  to  Trustees  to  Pay  an  Annuity. 

I  also  give  to  the  said  B.  six  hundred  dollars  a  year,  to  be  paid  him 
yearly  during  his  life;  which  payments  I  order  to  be  thus  made,  viz., 
that  the  trustees  to  the  estate  hereby  devised  to  the  children  of  my  sou 
Q.,  or  v/hosoever  shall  have  a  right  to  improve  or  possess  the  same,  by 
force  of  this  my  last  will  and  testament,  shall  pay  yearly  to  said  B., 
on  the  first  day  of  January  annually,  two  hundred  dollars;  on  the  first 
day  of  September  annually,  two  hundred  dollars;  and  on  the  first  day 
of  IVTay  annually,  two  hundred  dollars;  and  I  hereb^y  order  that  my 
executor  do  not  pay  any  part  of  the  said  annuity,  but  that  the  same  be 
paid  as  aforesaid. 

No.  S911.    Pecuniary  Legacies. 

And  I  give  the  following  legacies  (that  is  to  say)  to  my  said  v-ifo 
$10,000  for  her  immediate  occasions,  and  to  my  other  executors  ;uid 
trustees  above  named  $5,000  each,  as  a  small  acknowledgment  for  the 
trouble  they  will  have  in  the  execution  of  this  my  will.  And  I  give  to 
my  nephew  A.  B.  $5,000,  to  be  paid  to  him  at  his  age  of  twenty-one ;  to 
C.  D.  $5,000;  to  my  niece  E.  F.  $5,000  at,  and  wlien  she  shall  arrive  at 
her  age  of  twenty-one,  or  be  married;  to  my  nephew  G.  H.  $5,000  at  his 
age  of  twenty-one,  with  interest  in  the  meantime ;  unto  I.  J.  and  K.  J., 
children  of  my  niece  L.  J.,  $500  each;  all  the  said  legacies  to  be  paid 
to  the  respective  legatees  vi^ithin  twelve  months  after  my  decease  (save 


1259  Wills.  Form  3912 

and  except  tliose  given  to  my  said  wife,  my  said  tmstces  and  executors, 
and  my  employees,  which  are  to  be  paid  immediately  after  my  death). 
And  I  give  unto  the  said  S.  S.,  the  daughter  of  M.  S.,  the  sum  of  $5,000 
on  the  day  of  her  marriage;  vud  I  give  after  her  decease  th.e  said  sum 
of  $5,000  unto  such  child  or  children  of  the  said  S.  S.  as  shall  attain  the 
age  of  twenty-one  years,  to  be  divided  among  them  (if  more  than  one) 
in  equal  shares,  and  if  but  one,  the  whole  to  go  to  such  one  child  as  shall 
attain  the  said  age.  The  portion  or  portions  of  such  of  them  as  may 
attain  the  said  age  in  the  lifetime  of  the  said  S.  S.,  to  be  a  vested  in- 
terest or  vested  interests,  though  not  payable  till  after  her  death,  and 
the  interest  of  the  presumptive  portions  of  such  of  her  children  as  may 
be  under  the  said  age  at  the  time  of  her  death,  or  so  much  thereof  as 
shall  be  thought  necessary  to  be  applied  for  or  toward  the  maintenance 
and  education  of  such  infant  child  or  children,  until  he,  she  or  they  shall 
attain  the  said  age;  and  the  surplus  dividends  or  interest  which  may  not 
be  applied  for  that  purpose  to  accumulate  and  go  along  with  the  origi- 
nal share  or  shares;  or  in  case  there  shall  be  no  such  children  who  shall 
attain  the  said  age,  such  accumulations  to  fall,  togetlier  with  the  princi- 
pal sum,  into  my  residuary  personal  estate.  And  I  give  imto  N.  0., 
daughter  of  my  nephew  T.  0.,  $5,000,  but  the  same  not  to  be  vested  in, 
or  paid  to  her  till  she  shall  attain  the  age  of  tAventy-one  years,  and  not 
to  bear  interest  in  the  meantime.  I  give  after  the  decease  of  R.  S.  unto 
such  child  or  children  of  him  the  said  R.  S.,  born  in  his  lifetime  or  after 
his  decease,  as  shall  attain  the  age  of  twenty-one  years  $5,000,  the  same 
to  be  divided  among  them,  if  more  than  one,  in  equal  shares,  and  if  but 
one,  the  whole  to  go  to  such  one  child  as  shall  attain  the  said  age,  and 
not  to  bear  interest,  save  that  in  case  of  the  death  of  the  said  R.  S.  hav- 
ing a  child  or  children  under  the  age  of  twenty-one  years,  my  v/ill  is, 
that  my  said  trustees  or  trustee  for  the  time  being  shall  and  may  pay 
and  apply  any  sum  not  exceeding  the  sum  of  $1,000  per  annum,  by  eq^.a! 
quarterly  payments,  for  and  toward  the  maintenance  and  education  of 
such  infant  child  or  children,  until  he,  she  or  they  shall  attain  the  ago 
of  twenty-one  years.  And  I  will  that  the  portions  of  such  children  of 
the  said  R.  S.  as  shall  attain  the  age  of  twenty-one  years  in  her  lifetime 
shall  be  vested  interests,  though  not  payable  till  after  his  death. 

No.  3912.  Devise  of  a  Sum  to  be  Applied  in  Releasing  Poor  Prisoners. 
I  direct  that  my  executors  sliall,  within  twelve  months  after  my  de- 
cease, pay  out  and  expend  the  sum  of  $25,000  in  releasing  and  discharg- 
ing such  poor  prisoners  who  have  been  in  their  opinion  unjustly  con- 
victed, or  who  have  been  justly  convicted  but  unjustly  punished  or 
whose  conduct  has  been  industrious  and  virtuous  while  in  prison,  whose 
families  are  in  want,  and  whose  confinement  has  been  owing  to  losses 
and  misfortunes,  and  not  to  idleness,  drunkenness  or  debauciiery  or 
sporting. 


Forms  3913-3915         Cowdery's  Form  Book.  1260 

No.  3913.  Bequest  of  Jewels,  Furniture,  etc.,  to  the  Wife  of  the 
Testator. 
I  also  give  and  bequeath  to  my  said  wife  all  the  ornaments  of  her 
person  purchased  since  our  marriage,  and  all  my  jewels,  plate,  linen, 
china  and  all  our  household  goods  and  furniture  whatsoever  and  where- 
soever, and  all  our  books,  and  all  horses  and  other  cattle,  and  our  chaise, 
carts,  carriages  and  implements  of  husbandry,  and  also  all  our  stock 
of  wines  and  other  liquors  whatsoever,  to  hold  to  her  as  her  own  abso- 
lute property;  also  all  our  pictures,  prints,  and  drawings.  I  have 
already  mentioned  and  provided  for  all  our  children. 

No.  3914.     Charitable  Beauests. 

I  order  the  sum  of  $20,000  to  be  divided  as  my  wife  shall  think 
proper,  or,  in  case  of  her  death,  as  my  said  son  shall  think  proper,  among 
such  of  the  poor  persons  resident  in  S.,  where  I  now  live,  as  shall 
happen  to  be  upon  our  Christmas  list,  for  remembrance,  and  shall  have 
received  a  small  donation  by  my  order  at  the  Christmas  next  preceding 
my  death.  I  likewise  order  and  direct  the  sum  of  $30,000  to  be  divided 
or  given  as  my  wife  shall  think  proper,  to  or  amongst  any  poor  family 
or  families  of  the  aforesaid  S.  and  of  T.  which  shall  seem  to  her  to  be 
most  deserving  of  such  reward  or  assistance. 

I  give  to  the  said  J.  N.  the  sum  of  $50,000  upon  trust  to  place  out 
the  same  on  government  or  real  securities,  at  interest,  in  the  name  of 
such  persons  as  he,  his  executors  or  administrators,  shall  think  proper, 
with  liberty  to  the  trustees  or  trustee  thereof,  for  the  time  being,  of 
transposing  the  same,  to  the  intent  that  such  trustees  or  trustee  thereof 
do  apply  the  interest  or  dividends  arising  therefrom,  for  or  toward 
the  education  of  four  poor  boys,  at  or  in  the  said  school  at  G.  afore- 
said, to  be  from  time  to  time  nominated  by  such  trustee  or  trustees 
for  the  time  being. 

No.  3915.    Bequest  of  an  Annuity  to  a  Wife  During  Widowhood. 

I  give  and  bequeath  unto  my  wife  S.  T.,  over  and  above  the  estates 
which  are  already  settled  upon  her,  an  annuity  or  yearly  sum  of 
$10,000  for  and  during  the  term  of  her  natural  life,  in  case  she  shall 
so  long  continue  my  widow;  and  1  do  hereby  direct  that  the  same  shall 
be  charged  upon  the  interest  to  arise,  accrue,  or  be  paid,  as  hereinafter 
is  mentioned,  from  or  by  the  capital  to  be  employed  in  my  trade  or 
business,  which  is  to  be  carried  on  by  my  said  executors,  according  to 
the  direction  hereinafter  for  that  purpose  given  and  contained.  And 
that  the  said  annuity  or  yearly  sum  of  $10,000  shall  be  paid  to  her, 
my  said  wife,  by  four  equal  quarterly  payments  in  every  year  until  and 
unless  my  said  wife  shall  marry  again,  in  vrhich  case  said  annuity  of 
$10,000  hereinbefore  given  to  her  shall  from  thenceforth  cease  and 
determine,  etc. 


1261  Wills.  Forms  3916-3919 

No.  3916.  Clause  Preventing  an  Annuitant  Under  a  Will  from  Part- 
ing With  His  Annuity. 
And  my  will  further  is,  and  I  do  hereby  expressly  declare  and  direct, 
that  in  case  my  said  nephew  A.  B.  shall  alien,  sell,  assign,  encumber  or 
transfer,  or  in  any  manner  dispose  of  or  anticipate  the  said  annuity 
or  yearly  sum  of  $20,000  or  any  part  tlioreof,  then  and  in  such  case, 
and  from  and  immediately  after  sucli  alienation,  sale,  assig'ninent  or 
transfer,  the  said  bequest  so  made  thereof  as  aforesaid,  and  the  use 
and  estate  so  given  to  him  therein,  shall  cease  and  be  void,  to  all 
intents  and  purposes  as  if  the  same  had  not  been  mentioned  in  this 
my  will,  or  as  if  the  said  A.  B.  were  naturally  dead. 

No.  3917.    Bequest  of  the  Residue  of  the  Testator's  Estate. 

And  all  the  rest,  residue  and  remainder  of  my  estate  and  effects, 
whatsoever  and  wheresoever,  and  of  what  nature  and  kind  soever,  which 
at  the  time  of  my  decease  I,  or  any  person  or  persons  in  trust  for  me, 
am,  or  are  possessed  of,  or  entitled  unto,  and  not  hereinbefore  disposed 
of,  I  give,  devise,  and  bequeath  unto  the  said  A.  B.  and  C.  D.,  their 
heirs,  executors,  administrators  and  assigns,  according  to  the  nature  and 
quality  thereof  respectively,  to  and  for  their  own  separate  use  and 
benefit. 

No.  3918.    Appointment  of  Executors  and  Substitutionary  Executors. 

And  I  do  hereby  nominate,  constitute  and  appoint  my  said  wife,  to- 
gether with  the  said  trustees,  to  be  my  executrix  and  executors  of  this 
my  will,  and  in  the  case  of  the  death  of  any  two  or  more  of  them, 
before  the  trusts  of  this  my  will  shall  be  fully  executed  and  performed, 
then  I  do  nominate,  constitute,  and  appoint  my  two  oldest  sons,  for 
the  time  being,  when  they  shall  respectively  have  attained  the  age  of 
eighteen  years,  to  be  executors  of  this  my  will,  in  the  place  and  stead 
of  such  two  or  more  of  them,  my  said  wife  and  the  said  trustees,  as 
shall  so  die  before  the  trusts  of  my  said  will  shall  be  fully  executed 
and  performed,  and  with  all  the  same  power  and  powers,  autliority  and 
authorities,  to  all  intents  and  purposes  whatsoever,  as  such  executrix 
or  executors,  who  shall  so  happen  to  die,  had  or  might  have  under  and 
by  virtue  of  this  my  will,  at  the  time  of  his  or  her  death. 

No.  3919.     Clause  Providing  That  if  Trustees  and  Executors  Differ  in 

Opinion,  the  Matter  in  Difference  to  be  Decided  by  the 

Majority. 

And  I  do  hereby  will  and  direct  that  in  all  cases  where  my  trustees 

and   executors   for  the   time   being   shall   happen   to   differ  in   opinion, 

the  matter  of  difference  shall  be  decided  by  the  major  part  or  number 

of  them,  my  said  trustees  and  executors,  and  be  acted  upon  accordingly. 


Forms  3920-3922         Cowdeey's  Form  Book.  1262 

No.  3920.    Codicil. 

Whereas  I, ,  made  my  last  will  on ,  19—,  and  whereas  since 

that  date,  I  have  acquired  tliree  hundred  shares  of  stock  in  the  

Company,  now  I  do  hereby  declare  this  instrument  to  be  a  codicil  to 
my  said  will,  and  I  hereby  give  and  bequest  the  aforesaid  shares  of 
stock  to  my  sister  . 

In  witness  whereof  I  have  hereunto  subscribed  my  name  this  

day  of  ,  19—. 

The  foregoing  codicil  was,  at  the  date  thereof,  by  ,  the  maker 

thereof,  signed  in  our  presence  and  in  the  presence  of  each  of  us,  and 
at  the  time  when  he  subscribed  said  instrument  he  declared  to  us  that 
it  was  a  codicil  to  his  will,  and  at  his  request  and  in  his  presence  and 
in  the  presence  of  each  other,  we  have  hereunto  subscribed  our  names 
as  attesting  witnesses. 


No.  3921.  Codicil,  Olograpliic  or  Witnessed,  Indorsed  upon  the  Back 
of  a  Will. 
I,  the  within  named  J.  H.,  of  A.  B.,  do  make  this  present  codicil, 
which  I  order  and  direct  shall  be  taken  as  and  for  part  of  my  within 
written  last  will  and  testament,  and  which  will  as  to  all  and  every  the 
uses,  limitations,  trusts,  gifts,  conditions,  legacies,  bequests,  directions 
and  appointments,  therein  mentioned,  devised,  given  and  contained, 
of  and  concerning  my  real  and  personal  estates  therein  mentioned,  I 
do,  by  this  my  codicil,  establish,  ratify  and  confirm  (save  and  except 
such  devises,  uses,  dispositions,  and  bequests  therein  mentioned,  as  are 
by  me  hereinafter  revoked  and  made  void).  Whereas  since  the  making 
of  my  said  will,  my  eldest  son,  J.  H.,  is  dead,  having  left  issue  a  third 
son  named  R.  H.,  now  living,  and  within  named  W.  R.,  is  also  dead; 
Now,  I  hereby  give  and  devise  all,  etc.,  unto  my  said  grandson,  R.  H., 
etc. 

[Dated,  signed  and  witnessed.] 

No.  3922.    Codicil  Ratifying  the  WilL 

Whereas,  I,  A.  G.,  of  A.,  have  made,  published  and  declared  my 
last  will  and  testament  in  writing,  dated,  etc.  Now,  I,  the  said  A.  G., 
do  and  by  this  present  codicil  to  my  last  will  and  testament  annexed, 
confirm  and  ratify  my  said  last  will  and  testament,  and  every  clause, 
bequest,  and  devise  therein  contained,  etc. 

[Dated,  signed  and  witnessed.] 


12G3  Wills.  Forms  3923, 3921 

No.   3923.     Codicil,   Altering  the   WiU,   etc..   With  Proper   Conclusion 
and  Attestation. 

This  is  a  codicil  to  be  added  to  the  last  will  and  testament  of  me 
F.  G.,  of  A.,  which  will  bears  date  on  or  about,  etc.  First,  I  do  hereby 
raiii'y  and  confirm  my  said  will  in  all  respects,  save  so  far  as  any  part 
thereof  shall  be  revoked  or  altered  by  this  present  codicil,  and  in  par- 
ticular, save  so  far  as  the  same  relates  to  the  disposition  thereby  made 
of  my  residuary  personal  estate,  in  favor  of  my  eldest  son  T.  G..  as 
to  which  particular  I  do  hereby  revoke  and  alter  ray  said  will  and 
all  the  rest  and  residue  of  my  personal  estate  and  effects,  by  my  said 
will  given  and  bequeathed  unto  my  said  son  F.  G.,  I  do  hereby  give 
and  bequeath  unto,  etc.  And  I  give  and  bequeath  unto  my  brotlier 
J.  H.  the  sum  of,  etc. 

And  I  do  hereby  revoke  all  former  and  otlier  codicils  by  me  at  any 
time  heretofore  made.  In  v/itness  whereof,  to  this  present  writing, 
which  I  liereby  declare  to  be  a  codicil  to  my  last  will  and  testament, 
and  whicli  I  direct  to  be  added  thereto,  and  to  be  taken  as  part  thereof, 
I  have  set  my  hand  and  seal  this  third  day  of  June,  in  the  year  1917. 

F.  G.     [Seal] 

[Dated,  signed  and  witnessed.] 

No.  3924.  Revocation  of  Appointment  of  Executor,  and  Another  Ap- 
pointed in  His  Stead,  by  a  Codicil. 
Wliereas,  I,  M.  M.,  of  A.,  have  made  my  last  will  and  testament 
in  Avriting,  bearing  date,  etc.,  and  have  thereby  made,  ordained,  con- 
stituted and  appointed,  my  brother  in  law  N.  H.,  and  my  cousin  G.  L., 
executors  of  my  said  will :  Nov/,  I  do  by  this,  my  v>^riting  (which  I  declare 
to  be  a  codicil  to  my  said  will,  and  direct  to  be  taken  as  part  thereof), 
will  and  direct  that  my  said  brother  in  law  N.  H.,  shall  not  be  an 
executor  of  my  said  will,  and  do  hereby  revoke  my  appointment  of 
him  as  such;  but  that  in  his  room  and  stead  my  cousin  J.  B.,  of  A., 
shall  be  one  of  the  executors  of  my  said  will,  jointly  and  together  with 
my  said  cousin  G.  B.  And  I  do  hereby  accordingly  make,  ordain,  con- 
stitute and  appoint  them,  the  said  J.  B.  and  G.  B.,  joint  and  sole  execu- 
tors of  my  said  v\all,  as  fully  and  effectually,  to  all  intents  and  purposes, 
and  in  all  respects,  as  if  they  only,  and  no  other  person  or  persons, 
had  been  by  me  originally,  in  and  by  my  said  will,  constituted  and 
appointed  executors  thereof,  etc. 

In  witness    [etc.]. 

[Signature.] 

[Witnesses'  signatures,  etc.] 

[Dated,  signed  and  witnessed.] 


Forms  3925-3927         Cowdery's  Form  Book.  1264 

No.  3925.  General  Form  of  a  Codicil  Where  Several  Legacies  arc 
Revoked. 

Whereas,  I,  A.  B.,  of  A.,  have  by  my  last  will  and  testament  in 
writing,  duly  executed,  bearing  date,  etc.,  given  and  bequeathed  to, 
etc.:  Now,  I,  the  said  A.  B.,  being  desirous  of  altering  my  said  will 
in  respect  to  the  said  legacies,  do  therefore  make  this  present  writing, 
which  I  will  and  direct  to  be  annexed  as  a  codicil  to  my  said  will, 
and  taken  as  part  thereof;  and  I  do  hereby  revoke  the  said  legacies 
by  my  said  will  given  to  A.  B.,  and  I  do  give  to  each  of  them,  the  said 
A.  B.  and  C.  D.,  the  sum  of  $100  only;  and  I  give  unto.  etc.  And  I 
do  ratify  and  confirm  my  said  will  in  everything,  ©xcept  where  the 
same  is  hereby  revoked  and  altered  as  aforesaid. 

In  witness  [etc.]. 

[Dated,  signed  and  witnessed.] 

No.  3926.    Nuncupative  Will. 

In  the  Matter  of  the  Nuncupative  Will  of  J.  D.,  Deceased. 

On  the  first  day  of  January,  1917,  J.  D.,  being  at  that  time  doing 
duty  on  the  ship  "Mary  Perkins,"  at  sea,  and  in  peril  of  death,  and  in 
fear  of  death  [or  in  actual  military  service  in  the  field ;  or  in  expecta- 
tion of  immediate  death  from  an  injury  received  on  the  said  day],  in 
the  presence  of  the  subscribers,  did  declare  his  last  Avill  and  wishes 
concerning  the  disposition  of  his  property,  in  the  following  words,  viz. : 

"I  desire  that  one  tliousand  dollars,  now  in  The  California  Savings 
and  Loan  Society  bank,  at  San  Francisco,  California,  be  given  to  my 
sister,  M.  D.,  which  I  will  and  devise  to  her." 

At  the  time  the  said  J.  D.  stated  the  foregoing  as  his  will,  he  was 
of  sound  mind  and  memory,  and  not  under  any  restraint,  and  he  at 
that  time  desired  us  to  bear  witness  that  such  was  his  wish,  desire 
and  will. 

Reduced  to  writing  by  us,  this  fifth  day  of  January,  1917. 

R.  R. 
J.  S. 

NOTE — A  nuncupative  will  is  a  spoken  will,  and  must  be  made  under  one  or 
more  of  the  circumstances  described  in  the  form.  Not  over  one  thousand  dol- 
lars can  be  siven  away  bv  such  will.  There  must  also  be  two  witnesses.  The 
words  spoken  must  be  reduced  to  writing  within  thirty  days,  and  offeree,  for 
..robate  within  six  months,  and  not  before  fourteen  days  after  the  death  of 
the  maker:  Cal.  Civ.  Code,  sees.  1289,  1290. 

No.  3927.     Olographic  (or  Holographic)  Will. 

San  Francisco,  June  3,  1917. 
I,  J.  S.,  hereby  make  my  last  will.     I  give  all  the  property  of  which 
I  die  possessed  to  my  wife,  M.  E.  S.     I  appoint  my  wife  executrix  of 
this  will,  without  bonds.     I  give  her  power  to  sell   all  or  any  of  my 


1265 


WlLI.S — Pr.OBATE  AND   CONTEST  OF. 


estate,  witliout  an  cider  ol;  court;  and  I  revoke  all  the  Avills  by  me 
heretofore  made.  I  declare  that  this  will  is  entirely  written,  dated, 
and  signed  by  my  hand. 

J.  S. 

NOTE.— An  olographic  will  is  one  that  is  entirely  written,  dated  and  signed 
by  the  testator  himself.  It  is  subject  to  no  other  form,  and  may  be  made  in 
or  out  of  this  state,  and  need  not  be  witnessed.  The  only  difference  between  a 
witnessed  and  an  olograjjhic  will  is  as  above  stated,  therefore  all  forms  of  will 
are  simple  wills  when  not  written,  etc.,  by  the  testator.  If  written  by  the 
testator,  and  also  witnessed,  it  is  an  olographic  will  and  may  be  established 
either  by  the  witnesses  or  by  proof  of  the  handwriting  of  the  testator.  Every 
letter  word,  figure,  and  probably  punctuation  marks  and  crossing  of  "t's"  and 
dotting  of  "i's/'  if  the  sense  is  changed,  must  be  by  the  maker:  Cal.  Civ.  Code, 
see.  1227. 


WILLS— PEOBATE  AND  CONTEST  OF. 

3950.  Order  to  produce  will. 

3951.  Order  requiring  production  of  will. 

3952.  Warrant  of  commitment  on  failure  to  produce  wilL 

3953.  Petition  for  order  to  produce  concealed  will. 

3954.  Kenunciation  of 'right  to  letters  ty  executor. 

3955.  Petition  for  probate  of  will. 

3556.  Petition  for  probate  of  foreign  will. 

3957.  Petition  for  probate  of  foreign  will — ^Another  form. 

3958.  Petition  for  probate  of  lost  will. 

3959.  Petition  for  probate  of  will  not  in  possession  of  petitioner. 

3960.  Notice  of  time  and  place  for  proving  will. 

3961.  Affidavit  of  mailing  notice  of  probate  to  heirs. 

3962.  Affidavit  of  publication  of  notice  of  probate  of  will. 

3963.  Aftidavit  of  personal  service  on  heirs. 

3964.  Testimony  of  applicant  on  probate  of  will. 
3985.  Testim.cny  of  subscribing  witness. 

3966.  Testimony  of  -witness  on  prolate  of  will. 

3967.  Testimony  of  applicant  on  probate  of  \vill — Another  form. 

3968.  Certificate  of  proof  of  wiU. 

3969.  Certificate  of  proof  of  will  and  of  facts  found — Another  form. 

3970.  Certificate  of  proof  of  lost  will. 

3971.  Certificate  of  rejection  of  v/ill. 

3972.  Order  admitting  will  to  probate. 

3973.  Order  admitting  will  to  probate — Another  form, 

3974.  Order  admitting  will  to  probate— Another  form. 
S976.  Opposition  to  prohate  of  vnll. 

3977.  Answer  to  opposition  to  probate. 

3978.  Contest  of  mil  before  probate. 

3979.  Contest  and  opposition  to  probate  of  codicil. 

3980.  Petition  to  revoke  the  probate  of  a  will  on  discovery  of  later  will. 

3981.  Citation  on  application  to  revoke  probate. 

3982.  Order  revoking  probate  of  will. 

3983.  Contest  of  will  after  probate. 

3985.  Order  appointing  time  for  hearing  petition  for  probate  of  foreign  will. 

3CS6.  Order  admiitting  foreign  will  to  probate, 

3987.  Certificate  establishing  lost  or  d'stroycd  will. 

3988.  Petition  for  probate  of  nuncupative  will. 

Form  Book — 80 


Forms  3950-3953         Cowdeby's  Form  Book.  1266 

ITo.  3950.     Order  to  Produce  Will. 

[Title  of  Court  and  Estate.] 

It   appearing  that  J.   B.  has  in  his  possession   a  will  executed  by 

J.  G.  F.,  it  is  ordered  that  he,  the  said   J.   B.,  produce   the  same  in 

this  court  on  Monday,  May  12,  1917,  or  show  cause  then  and  there  why 

he  should  not  produce  it. 

Dated . 

,  Judge. 

NOTE.— In  California,  if  the  petition  alleges  that  a  will  is  in  the  possession 
of  a  person  not  joining  in  the  petition,  an  order  will  be  made  directing  him  to 
produce  it  at  a  time  stated  in  the  order:  California,  Code  Civ.  Proc,  sec.  1302; 
Arizona,  Eev.  Stats.  1913,  par.  740;  Idaho,  Rev.  Codes,  1907,  sec.  5300;  Mon- 
tana, Rev.  Codes  1907,  sec.  7389;  Washington,  Rem.  Codes,  see.  1293. 

No.  3951.     Order  RecLuiring  Production  of  WilL 
[Title  of  Court  and  Estate.] 

It   appearing  to  this  court  that  has   in  his  possession   a  will 

executed  by ,  deceased,  it  is  hereby  ordered  that  said  produce 

said  will  in  this   court  at  10  o'clock  A.  M.   on  ,  19—    or  show 

cause  then  and  there  why  he  should  not  produce  it;  and  it  is  further 

ordered  that  a  copy  hereof  be  served  on  said  not  less  than  

days  before  snid  time. 

Dated  ,  19—. 

^—,  Judge  of  Superior  Court. 

No.  3952.    Warrant  of  Commitment  on  Failure  to  Produce  Will. 
[Title  of  Court  and  Estate.] 

It  appearing  to  the  satisfaction  of  this  court  that  on  ,  19—,  an 

order  was  duly  made  requiring  to  produce  in  this  court  the  will 

of  ,  deceased,  or  to  show  cause  why  he  should  not  produce  it, 

and  that  such  order  was  duly  served  on  said  as  therein  directed, 

and  that  said  has  failed  and  refused,  and  now  fails  and  refuses, 

to    obey   said   order,   it   is   therefore   adjudged    and   decreed   that    said 

is  guilty  of  contempt  of  court  in  disobeying  said  order,   and  it 

is  further  adjudged  and  decreed  that  he  be  arrested  and  committed 
to  the  county  jail,  there  to  be  confined  until  he  obeys  the  said  order 
of  this  court. 

Dated ,  19—. 

,  Judge  of  Superior  Court. 

No.  3953.    Petition  for  Order  to  Produce  Concealed  Will. 

[Title  of  Court  and  Estate.] 

The  executor  of  the  estate  of  J.  G.  F.,  deceased,  complains  to  this 
court  by  this  petition,  and  states: 

That  on  January  29,  1917,  petitioner  filed  in  this  court  a  document 
purporting  to  be  the  last  will  of  said  deceased.     That  thereafter  such 


12G7  Wills — Probate  and  Contest  of.     Forms  3954,  3955 

proceedings  \vere  had  that  j'our  petitioner  was  duly  appointed  executor 
under  said  will,  and  he  is  now  the  qualified  and  acting  executor  thereof. 
That  since  his  said  appointment  and  qualification  as  aforesaid  peti- 
tioner has  been  informed  and  he  believes  that  the  will  aforesaid  was 
not  the  last  will  of  said  deceased.  That  the  last  will  of  said  deceased 
was  executed  subsequent  to  the  will  probated  as  aforesaid,  and  your 
petitioner  is  informed  and  believes  and  therefore  avers  that  the  last 
will  of  said  deceased  is  now  in  the  possession  of  one  L.  R.  L.,  a  resident 
of  said  county.  That  petitioner  has  demanded  said  will  of  said  L., 
but  he,  admitting  that  he  has  said  will  in  his  possession,  refuses  to 
deliver  it  to  petitioner,  or  to  file  it  in  this  or  any  other  court,  though 
by  petitioner  requested  so  to  do. 

Wherefore,  petitioner  prays  for  an  order  citing  said  L.  before  this 
court  to  make  answer  under  oath  respecting  said  will,  or  [state  the 
facts  relating  to  any  other  cause  of  complaint  permissible  under  the 
statutes  referred  to  in  the  notes  in  this  form]. 

Dated . 

Verified.  [Signature.] 

NOTE. — In  California,  if  any  person  interested  in  the  estate  complains  to 
the  superior  court,  on  oath,  that  a  person  is  suspected  to  have  concealed,  em- 
bezzled, smuggled,  conveyed  away  or  disposed  of  any  moneys  or  goods  of  the 
decedent,  or  has  in  his  possession  or  knowledge  any  deeds,  conveyances,  bonds, 
contracts  or  other  writings  which  contain  evidences  of,  or  tend  to  disclose  the 
interest,  or  claim  of  the  decedent  to  any  estate,  or  any  claim  or  demand,  or  any 
lost  will,  the  said  court  or  judge  may  cite  such  person  to  appear  before  such 
court  and  may  examine  him  on  oath  upon  the  matter  of  such  complaint:  Cali- 
fornia, Code  Civ.  Proc,  sec.  1459;  Alaska,  Comp.  Laws  1918,  sec.  1642;  Ari- 
zona, Rev.  Stats.  1913,  par.  862;  Idaho,  Rev.  Codes,  1907,  sec.  5432;  Montana, 
Rev.  Codes  1907,  sec.  7505. 

No.  3954.    Renunciation  of  Right  to  Letters  by  Executor. 

[Title  of  Court  and  Estate.] 

The  undersigned,  who  is  named  as  executor  in  the  last  will  of , 

deceased,  respectfully  renounces  liis  right  to  letters  testamentary  under 
said  Avill,  and  declines  to  act  as  executor  thereof. 

Dated  August  17,  1917. 

No.  3955.    Petition  for  Probate  of  WiU. 

[Title  of  Court  and  Estate.] 

To  the  Honorable,  the  Superior  Court  of  the  County  of  Sacramento, 
State  of  California: 

The  petition  of  T.  M.  and  G.  B.,  of  the  county  of  Sacramento,  state 
of  California,  respectfully  shows: 

That  P.  C.  died  on  or  about  the  eleventh  day  of  April,  1917,  at  the 
county  of  Sacramento. 


Form  3955  Cowdery's  Form  Book.  1268 

That  said  deceased,  at  the  time  of  his  death,  was  a  resident  of  the 
oonnty  of  Sacramento,  in  said  state  of  California,  and  left  estate  therein 
and  in  San  Francisco,  consisting  of  real  and  personal  property. 

That  the  probable  value  and  character  of  the  said  property  are  as 
follows,  to  wit:  The  real  estate  consists  of  a  lot  of  land  in  the  city 
and  county  of  San  Francisco,  of  the  value  of  fifty  thousand  dollars, 
or  thereabouts,  and  of  four  lots  in  the  city  of  Sacramento,  of  the  value 
of  twenty-five  thousand  dollars  or  thereabouts.  One  of  said  lots  in 
Sacramento  was  the  residence  and  homestead  of  said  P.  C.  at  the  time 
of  his  death.  All  of  said  real  estate  is  improved,  and  yields  rents 
and  income  of  one  thousand  dollars  per  month.  The  personal  proi:)erty 
consists  of  his  stock  in  trade,  of  the  value  of  twenty  thousand  dollars 
or  thereabouts,  and  of  houseliold  furniture,  of  the  value  of  ten  thou- 
sand dollars  or  thereabouts.  The  lot  of  land  in  San  Francisco  is  sepa- 
rate property,  the  same  having  been  owned  by  him  before  marriage. 
All  the  other  estate,  both  real  and  personal,  is  common  property,  the 
same  having  been  acquired  by  him  after  his  marriage. 

That  the  total  estate  of  said  deceased  does  not  exceed  in  value  tha 
sum  of  one  hundred  and  twenty-five  thousand  dollars. 

That  said  deceased  left  a  will  bearing  date  the  ninth  day  of  April, 
1917,  in  the  possession  of  his  widow,  J.  C,  which  your  petitioners  be- 
lieve and  therefore  allege  to  be  the  last  will  and  testament  of  said 
deceased,  and  which  is  herewith  presented  to  said  superior  court. 

That  your  petitioners,  T.  M.  and  G.  B.,  named  in  said  will  as  execu- 
tors thereof,  consent  to  act  as  such ;  and  J.  C,  aged  about  forty  years, 
residing  at  said  city  of  Sacramento,  widow  of  said  deceased,  C.  C, 
the  son  of  said  deceased,  aged  about  eighteen  years,  and  E.  C,  the 
daugliter  of  said  deceased,  aged  about  sixteen  years,  residing  also  at 
said  city  of  Sacramento,  are  named  therein  as  devisees. 

[Or,  the  said  will  was  entirely  written,  signed,  and  dated  by  said 
testator.] 

That  the  subscribing  witnesses  to  said  will  are  M.  K.,  residing  in 
the  said  city  of  Sacramento,  and  H.  W.,  also  residing  in  the  said  city 
of  Sacramento. 

That  the  next  of  kin  of  said  testator,  whom  your  petitioners  are 
advised  and  believe,  and  therefore  allege  to  be  the  heirs  at  law  of  said 
testator,  and  the  names,  ages,  and  residences  of  said  heirs  are  his  said 
surviving  wife,  J.  C,  aged  about  forty  years,  residing  at  said  city  of 
Sacramento,  and  his  said  children,  C.  C,  aged  about  eighteen  years 
and  E.  C,  aged  about  sixteen  years,  residing  at  said  city  of  Sacramento. 

That  at  the  time  said  will  was  executed,  to  wit,  on  the  said  ninth 
day  of  April,  1917,  the  said  testator  was  over  the  age  of  eighteen  years, 
to  v.'it,  of  the  age  of  forty-five  years  or  thereabouts,  and  was  of  sound 
and  disposing  mind,  and  not  acting  under  duress,  menace,  fraud,  or 
undue  influence,  and  was  in  every  respect  competent,  by  last  will,  to 
dispose  of  all  his  estate. 


1269  Wills — -Probate  and  Contest  of.  Form  3956 

[That  said  will  is  in  writing,  signed  by  the  said  testator,  and  attested 
by  said  subscribing  witnesses,  at  the  request  of  said  testator,  sub- 
scribing their  names  to  the  said  will  in  the  presence  of  the  said  testator, 
and  in  the  presence  of  each  other;  and  that,  as  your  petitioners  are 
advised,  and  therefore  allege,  said  witnesses,  at  the  time  of  attesting 
the  execution  of  said  will,  were,  and  are  now,  competent.] 

Wherefore,  your  petitioners  pray  that  the  said  Avill  may  be  admitted 
to  probate,  and  that  letters  testamentary  be  issued  to  your  petitioners, 
and  for  that  purpose  a  time  for  proving  said  will  be  appointed,  and 
tliat  all  persons  interested  be  notified  and  directed  to  appear  at  tlie 
time  appointed  for  proving  the  same;  and  that  all  other  necessary  and 
proper  orders  may  be  made  in  the  premises. 

Dated . 

,  Petitioner. 

NOTE. — In  California,  an  executor,  devisee  or  any  other  person  interested 
in  the  estate  may,  at  any  time,  petition  the  court  to  have  the  will  proved, 
whether  the  same  be  in  writing,  in  his  possession  or  not,  or  is  lost  or  destroyed, 
or  bevoud  the  jurisdiction  of  the  state,  or  a  nuncupative  will:  California,  Code 
Civ.  Proc,  sec.  1299. 

Such  petition  must  show:  1.  The  jurisdictional  facts;  2.  Whether  the  person 
named  as  executor  consents  to  act,  or  renounces  his  right  to  letters;  3.  The 
names,  ages,  and  residence  of  tlie  heirs  and  devisees,  so  far  as  known  to  the 
petitioner;  4.  The  probable  value  and  character  of  the  property;  5.  The  name 
of  the  person  for  whom  letters  are  prayed.  No  defect  of  form,  or  in  the  state- 
ment of  jurisdictional  facts  actually  existing,  voids  the  probate  of  a  will :  Cali- 
fornia, Code  Civ.  Proc,  sec.  1300. 

See,  generally,  Alaska,  Comp.  Laws  1913,  sec.  1604  et  seq.;  Arizona,  Rev. 
Stats.  (Civ.  Code  1913),  sec.  736  et  seq.;  California,  Code  Civ.  Proc,  see.  129S 
et  seq.;  Colorado,  Mill's  Ann.  Stats.  1912,  sec.  7867  et  seq.;  Hawaii.  Rev. 
Code  1915,  sec  2487;  Idaho,  Rev.  Codes  1907,  sec.  5298  et  seq.;  Kansas,  Gen. 
Stats.  1915,  sec.  11,7(J4  et  seq.;  Montana,  Rev.  Codes  1907,  sec  7387  et  seq.; 
Nebraska,  Rev.  Code  1913,  sec.  1303  et  seq.;  Nevada,  Rev.  Laws  1912,  see. 
5865  et  seq.;  New  Mexico,  Stats.  Ann.  1915,  sec.  5871  et  seq.;  North  Dakota 
Comp.  Lav,-s  1913,  sec  8635  ot  seq.;  Oklahoma,  Harris  &  Day's  Code  1910, 
sees.  6199-6232;  Oregon,  Lord's  Oregon  Laws,  sees.  1138-1176;  South  Dakota, 
Comp.  Laws  1913,  sec.  5659  et  seq.;  Utah,  Comp.  Laws  1907,  sec  3785  et  seq.; 
Washington,  Rem.  Code,  sec.  1287  et  seq.;  Wyoming,  Comp.  Stats.  1910,  sec. 
54G0  et  seq. 

No.  3956.    Petition  for  Probate  of  Poreign  WilL 
[Title  of  Court  and  Estate.] 

[The  same  as  in  a  petition  for  probate  of  a  domestic  will  (see  Form 
No.  3955),  then  continue:]  That  on  the  second  day  of  May,  1917,  in  the 
district  court  of  the  county  of  Ormsby,  in  the  state  of  Nevada,  such  pro- 
ceedings were  had  that  an  order  was  duly  made  admitting  said  will  to 
probate,  and  appointing  A  B  executor  thereof;  and  such  proceedings 
were  thereafter  had  that  the  said  A  B  qualified  as  executor,  and  he  is 
now  the  executor  of  said  will,  and  his  appointment  has  not  been  revoked. 

[Signature.] 

NOTE. — In  such  cases  the  proceedings  as  to  notice,  etc..  are  the  same  as 
is  provided  for  an  original  petition  for  the  probate  of  a  will:  California. 
Code  Civ.  Proc,  sec.  1323. 


FonrL3957  Cowdery's  Form  Book.  1270 

No.  3957.    Petition  for  Probate  of  Foreign  Will — Another  Form. 
[Title  of  Court  and  Estate.] 

The  petition  of respectfully  states: 

That died  on  or  about  the day  of ,  19 — ,  in  the  county 

of  ,  state  of ,  and  was  at  the  time  of  his  death  a  resident  of 

the  county  of  ,  in  the  state  of  ;  that  he  left  a  last  will  and 

testament,  Avhich  has  been  duly  admitted  to  probate  in  the  court 

of  the  county  of  ,  state  of ,  an  exemplified  copy  of  which  last 

will  and  testament,  and  of  the  order  of  said  court  admitting  it  to  pro- 
bate, is  presented  and  filed  herewith  and  made  a  part  hereof;  that  said 
court  at  the  time  of  making  said  order  was  a  court  of  comijctcnt  juris,- 
diction,  and  had  jurisdiction  of  the  subject  matter  and  of  all  parties 
interested  in  the  estate  of  said  decedent;  that  petitioner  is  interested  in 
said  estate. 

That  the  names,  ages  and  residences   of  the   devisees  and  legatees 

named  in  said  will  are  as  follows:  ,  his  widow,  aged  years, 

residing  in  ,  California;  ,  aged  years,  residing  in  , 

California;  ,  aged  years,  residing  in  ,  California. 

That  the  names,  ages  and  residences  of  the  heirs  of  said  decedent  are 
as  follows:  ,  his  widow,  aged  years,  residing  in  ,  Califor- 
nia;   ,  aged years,  residing  in ,  California;  and  aged 

years,  residing  in ,  California. 

That  the  probable  value  and  character  of  the  estate  of  said  decedent 
are  as  follows :  Personal  property  consisting  of  household  goods  and  fur- 
niture of  the  value  of  two  thousand  dollars;  real  property  consisting  of 

a  residence  in of  the  value  of  five  thousand  dollars,  and  a  farm  of 

one  hundred  acres  in  Sonoma  county  of  the  value  of  ten  thousand  dol- 
lars, and  a  hotel  in  San  Francisco  of  the  value  of  eight  thousand  dollars. 
All  of  said  estate  is  community  property,  with  the  exception  of  said 
hotel,  which  is  separate  property.  The  annual  rents  and  income  from 
said  real  property  amount  to  three  thousand  dollars. 

That  the  total  value  of  said  estate  does  not  exceed  twenty-six  thousand 
dollars. 

Wherefore  your  petitioner  prays  that  said  will  be  admitted  to  pro- 
bate, and  that  letters  testamentary  be  issued  to  your  petitioner;  that 
for  such  purpose  a  time  for  proving  said  will  be  appointed,  and  that  all 
persons  interested  be  notified  and  directed  to  appear  at  the  appointed 
time;  and  that  all  other  necessary  and  proper  orders  be  made  in  the 
premises. 

Dated ,  1917. 

,  Petitioner. 

• f  Attorney  for  Petitioner. 


1271  Wills — Probate  and  Contest  of.     Forms  3958,  3959 

No.  3958.    Petition  for  Probate  of  Lost  Will. 
[Title  of  Court  and  Estate.] 

[Commence  the  same  as  in  Petition  for  Probate  of  a  Will  Produced 
and  Filed,  Form  3955.     Then  allcj?e:] 

That  said  will  was  in  the  words  and  figures  following,  to  wit:  [Set 
out  will  in  full.]  That  said  will  was  in  the  possession  of  deceased  un- 
revoked at  the  time  of  his  death.  That  he  met  death  by  burning  on 
May  3,  1917,  at  the  city  of  B.,  and  said  will  was  accidentally  burned 
with  his  body. 

Wlierefore  petitioner  prays  that  said  will  may  be  admitted  to  probate 
as  tlie  last  Avill  of  said  deceased. 

Dated . 

[Signature.] 

NOTE. — In  California,  a  lost  or  destroyed  will  may  be  established  by 
proof,  notice  to  all  persons  intereste'l  being  first  given  as  prescribed  in 
regard  to  proofs  of  wills  in  other  cases.  All  the  testimony  must  be  reduced 
to  writing,  and  signed  by  the  witnesses:  California,  Code  Civ.  Proc,  sec. 
1338. 

No.  3959.    Petition  for  Probate  of  Will  not  in  Possesion  of  Petitioner. 
[Title  of  Court  and  Estate.] 

[Commence  as  in  Petition  to  Probate  Will  (Form  No.  3955),  and  then 
insert:] 

That  said  deceased  left  a  will  beajring  date  the  ninth  day  of  April, 
1917,  whicli  your  petitioners  believe  and  therefore  allege  to  be  the  last 
will  and  testament  of  oaid  deceased,  and  which  v/ill  is,  as  petitioner  is 
informed  and  believes,  and  therefore  alleges,  in  the  possession  of  J.  G., 
and  he,  the  said  J.  G.,  has  been  requested  to  file  said  will  in  the  court 
having  jurisdiction  of  this  estate,  but  he  has  refused,  and  still  does 
refuse,  to  either  file  said  will  or  deliver  the  same  to  this  petitioner,  or 
any  other  person. 

[Continue  as  in  said  form  down  to  the  last  paragraph,  and  then  con- 
clude:] 

Wherefore  your  petitioner  prays  for  an  order  directing  the  said  J.  G. 
to  produce  said  will  in  this  court  at  a  time  named  in  said  order;  and 
your  petitioners  p,ray  that  the  said  will  may  be  admitted  to  probate,  an  1 
that  letters  testamentary  be  issued  to  your  petitioner,  and  for  that  pur- 
pose a  time  for  proving  said  will  be  appointed,  and  that  all  persons 
interested  be  notified  and  directed  to  appear  at  the  time  appointed  for 
proving  the  same;  and  that  all  other  necessary  and  proper  orders  may 
be  made  in  the  premises. 

Dated  . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1302. 


Forms  39G0, 3961         Cowdery's  Form  Book.  1272 

No.  3960.    Notice  of  Time  and  Place  for  Proving  Will. 
[Title  of  Court  and  Estate.] 

Notice  is  hereby  given,  that  Monday,  the  fifth  day  of  May,  1917,  at 
10  o'clock  A.  M.  of  said  day,  and  the  covirtroom  of  said  court,  at  the 
City  Hall,  in  the  county  of  Sacramento,  state  of  California,  has  been 
appointed  as  the  time  and  place  for  proving  the  will  of  said  P.  C, 
deceased,  and  for  hearing  the  application  of  T.  M.  and  G.  B.,  for  the 
issuance  to  them  of  letters  testamentary  thereon. 

Dated . 

,  Clerk. 

NOTE. — In  California,  when  a  petition  for  probate  of  a  will  is  filed  and 

the  will  produeoJ,  the  clerk  sets  the  petiticn  for  hearing  upon  some  day  not  less 
than  ten  nor  more  than  thirty  days  from  the  production  of  the  will.  Notice  of 
the  hearing  is  given  by  the  clerk  by  publishing  in  a  newspaper  of  the  county; 
if  there  is  none,  then  by  three  written  or  printed  notices  posted  at  three  of 
the  most  public  places  in  the  county.  If  the  notice  is  published  in  a  weekly 
newspaper  it  must  appear  therein  on  at  least  three  different  days  of  publica- 
tion, and,  if  in  a  newspaper  published  oftener  than  once  a  week,  it  shall  be  so 
published  that  there  must  be  at  least  ten  days  from  the  first  to  the  last  day  of 
publication,  both  the  first  and  the  last  day  being  included.  If  the  notice  is  by 
posting,  it  must  be  given  at  least  ten  days  before  the  hearing:  California,  Code 
Civ.  Proc,  sees.  1303,  1304;  Alaska,  Comp.  Laws  1913,  sec.  1613;  Arizona,  Rev. 
Stats,  pars.  741,  742;  Idaho,  Eev.  Codes  1907,  sees.  5301,  5302;  Montana,  Eev. 
Codes  1907,  sees.  7390,  7391. 

No.  3961.    Affidavit  of  Mailing  Notice  of  Probate  to  Heirs. 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  ,  ss. 

,  of  said  county,  being  duly  sworn,   deposes  and  says  that  he 

is  over  eighteen  years  of  age,  and  competent  to  be  a  witness  in  said 
estate  proceedings;  that  on  January  17,  1918,  he  addressed  a  copy  of 
the  no! ice  of  the  time  and  place  appointed  for  the  hearing  of  the 
jietition  for  the  probate  of  the  will  of  said  deceased  to  each  of  the 
lieirs  of  said  deceased  at  their  respective  places  of  residence,  namely: 

To  ,  at  ,  California;  to  ,  at  ,  California;  to  ,  at 

Santa  Rosa,  California;  and  deposited  the  same  in  sealed  envelopes 
in  the  United  States  postoffice  at  Santa  Rosa,  California,  postage  pre- 
paid. 

A  copy  of  said  notice  is  hereto  attached  and  made  a  part  hereof. 

Subscribed  and  sworn  to  before  me  this day  of ,  19—. 

,  Deputy  County  Clerk. 

NOTE. — In  California,  copies  of  the  notice  of  the  time  appointed  for  the 
probate  of  the  will  must  be  addressed  to  the  heirs  of  the  testator  resident  in 
the  state,  at  their  places  of  residence,  if  known  to  the  petitioner,  and  deposited 
in  the  postoffice,  with  the  postage  thereon  prepaid,  at  least  ten  days  before  the 
hearing.  If  their  places  of  residence  be  not  known,  the  copies  of  notice  may 
be  addressed  to  them,  and  deposited  in  the  postoffice  at  the  county  seat  of  the 


1273  Wills— Probate  and  Contest  of.     Forms  3962,  8963 

county  where  the  proceedings  are  pending.  A  copy  of  the  same  notice  must  in 
like  manner  be  mailed  to  the  person  named  as  executor,  if  he  be  not  the  peti- 
tioner; also,  to  any  person  named  as  coexeeutor  not  petitioning,  if  their  places 
of  residence  be  known.  [Proof  of  mailing  the  copies  of  the  notice  must  be 
made  at  the  hearing.  Personal  service  of  copies  of  the  notice  at  least  ten  days 
before  the  day  of  hearing  is  equivalent  to  mailing.]  California,  Code  Civ. 
Proc,  sec.  1304;  Arizona,  Rev.  Stats.  1913,  pars.  741-742;  Idaho,  Eev.  Codes 
1907,  sec.  5302;  Montana,  Rev.  Codes  1907,  sec.  7390;  Washington,  Rem.  Codes, 
sees.  1281,  128S. 

No.  3962.    Affidavit  of  Publication  of  Notice  of  Probate  of  Will. 

[Title  of  Court  and  Estate.] 

State  of  California, 

County  of  ,  ss. 

,  of  said  county,  being  duly  sworn,  deposes  and  says  that  he  is 


over  eighteen  years  of  age;  that  he  is  not  interested  in  said  estate, 
nor  a  party  thereto ;  that  he  is  the  principal  clerk  of  the  printers  and 

publishers  of  the  ,  a  weekly  newspaper  published  in  said  county, 

and  as  such  clerk  he  has  charge  of  all  advertisements  in  said  news- 
paper; and  that  a  notice,  of  which  the  annexed  is  a  true  copy,  was  pub- 
lished in  said  newspaper  on  three  different  days  of  publication,  com- 
mencing on  January  17,  1918,  and  ending  on  January  31,  1918. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 

f  Notary  Public. 

No,  3963.    Affidavit  of  Personal  Service  on  Heirs. 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of ,  ss. 

,   of  said  county,  being  duly  sworn,  deposes  and  says  that  ho 

is  over  eighteen  years  of  age  and  competent  to  be  a  v.itness  in   said 

estate  proceedings;  that  on  ,  19 — ,  he  served  a  copy  of  the  notice 

of  the  time  and  place  appointed  for  the  hearing  of  the  petition  for 
the  probate  of  the  will  of  said  deceased,  by  personally  delivering  the 
same  to  each  of  the  heirs  of  said  deceased  at  their  respective  places 

of  residence,  namely:  To  ,  at  ,  California;  to  ,  at  , 

California;  to  ,  at  ,  California. 

A  copy  of  said  notice  is  hereto  attached  and  made  a  part  hereof. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 

,  Deputy  County  Clerk. 


Forms  3964, 3965         Cowdery's  Form  Book.  1274 

No.  3964.    Testimony  of  Applicant  on  Probate  of  WilL 
[Title  of  Court  and  Estate.] 

T.  M.,  being  dnly  sworn  in  open  court,  testifies  as  follows: 

I  am  one  of  the  persons  named  as  executors  in  the  document  now 
shown  to  me,  marked  as  filed  in  this  court  on  the  eighteenth  day  of 
April,  1916,  purporting  to  be  the  last  will  and  testament  of  P.  C. 

I  reside  in  the  city  of  Sacramento,  and  am  of  the  age  of  twenty-one 
years  and  upwards. 

I  knew  said  P.  C;  he  is  dead;  he  died  on  or  about  the  eleventh  day 
of  April,  1916,  at  his  residence,  in  the  city  of  Sacramento,  state  of 
California. 

At  the  time  of  his  death  he  was  a  resident  of  the  said  city  of  Sacra- 
mento, and  left  estate,  both  real  and  personal,  in  the  said  city  of 
Sacramento,  state  of  California,  and  in  the  city  and  county  of  San 
Francisco,  in  said  state. 

The  real  estate  is  of  the  value  of  seventy-five  thousand  dollars  or 
thereabouts,  and  the  annual  rents,  issues,  and  profits  of  said  real  estate 
amount  to  the  sum  of  twelve  thousand  dollars,  or  thereaboiits. 

The  personal  property  is  of  the  value  of  thirty  thousand  dollars,  or 
thereabouts. 

The  said  estate  and  effects,  for,  or  in  respect  of,  which  the  probate 
of  said  will  has  been  applied  for,  do  not  exceed  the  value  of  one  hun- 
dred and  twenty-five  thousand  dollars.  All  of  the  estate  of  said  de- 
ceased is  common  property,  the  same  having  been  acquired  after  his 
marriage,  except  the  real  estate  in  San  Francisco,  which  was  owned  by 
him  before  his  marriage. 

The  said  document  came  into  my  possession  as  follows,  to  wit:  The 
said  document  was  handed  to  me  by  J.  C,  the  widow  of  said  deceased, 
and  I  believe  the  same  to  be  his  last  will  and  testament. 

The  next  of  kin  of  said  deceased  are  said  J.  C,  his  widow,  and  C.  C. 
and  E.  C,  his  children,  aged  respectively,  forty,  eighteen  and  sixteen 
i-ears,  all  residing  in  tlie  city  of  Sacramento. 

On  the  ninth  day  of  April,  1916,  when  said  will  was  executed,  said 
deceased  was  over  the  age  of  eighteen  years,  being  of  the  age  of  forty- 
five  years,  or  thereabouts,  and  was  of  sound  and  disposin<i-  mind. 

[Signature.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE. — California,  Code  Civ.  Proc,  see.  1316. 

No.  3965.    Testimony  of  Subscribing  Witness. 
[Title  of  Court  and  Estate.] 

J.  G.,  being  duly  sworn  in  open  court,  testifies  as  follows:  T  reside 
in  the  city  and  county  of  San  Francisco,  state  of  California. 

I  knew'w.  G.  F.,  on  the  first  day  of  January,  1916,  the  date  of  the 
instrument   now   shown   to   me,   marked   as   filed  in   this   court   on   the 


1275  Wills — Probate  and  Contest  op.  Form  8966 

twenty-fourth  clay  of  February,  1916,  purporting  to  be  the  last  will  and 
testament  of  the  said  decedent; 

I  am  one  of  the  subscribin<?  witnesses  to  said  instrument.  I  also 
knew  at  the  said  date  of  said  instrument,  H.  B.  and  other  of  said 
subscribing  witnesses. 

The  said  instrument  was  signed  by  the  said  decedent  at  the  said 
city  and  county  of  Sau  Francisco,  on  the  first  day  of  January,  1916, 
the  day  it  bears  date,  in  the  presence  of  myself  and  of  said  H.  B., 
and  the  said  decedent  thereupon  published  the  said  instrument  as,  and 
declared  to  us  tlie  same  to  be,  his  last  will  and  testament,  and  requested 
us  in  attestation  thereof  to  sign  the  same  as  witnesses.  The  said  H.  B. 
and  I  then  and  there,  in  the  presence  of  the  said  decedent,  and  in  the 
presence  of  each  other,  subscribed  our  names  as  witnesses  to  the  said 
instrument. 

At  the  time  of  executing  the  said  instrument  the  said  decedent  was 
over  tlie  age  of  eighteen  years,  and  was  of  sound  and  disposing  mind, 
and  not  acting  under  duress,  menace,  fraud,  undue  influence  or  mis- 
representation. 

[Signatures.] 

Subscribed  and  sworn  to  [etc.]. 

NOTE. — In  California,  the  evidence  of  the  subscribing  witness  to  a  will  must 
be  reduced  to  writing:  California,  Code  Civ.  Proc,  sec.  1314;  Arizona,  Rev. 
Stats.  1913,  par.  750 j  Idaho,  Rev.  Codes  1907,  sec.  5310;  Montana,  Rev.  Codes 
1907,  sec.  7399. 

No.  3966.    Testimony  of  Witness  on  Probate  of  Will. 

[Title  of  Court  and  Estate.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

,  of  lawful  age,  and  a  competent  witness,  being  duly  sworn  in 

open  court,  testifies  as  follows: 

I  reside  in  the  ,  county  of  ,  state  of  California.     I  knew 

■ on  the  day  of  ,  191 — ,  the  date  of  the  instrument  now 

shown  to  me,  marked  as  filed  in  this  court  on  the  day  of  , 

191 — ,  purporting  to  be  the  last  will  and  testament  of  the  said 


I   am   one   of  the  subscribing  Avitnesses   to   said   instrument.     I   also 

knew  at  the   said   date   of  said   instrument  the   other —  of   said 

subscribing  Avitnesses. 

The  said  instrument  was  signed  and  sealed  by  the  said  at , 

in  the  county  of  ,  on  the  said  day  of ,  191 — ,  the  day  it 

bears  date,  in  the  presence  of  myself  and  of  said  ,  and  the  said 

thereiipon  published  the  said  instrument  as,  and  declared  to  us 

the  same  to  be, last  will  and  testament  and  requested  us  in  attesta- 
tion thereof  to  sign  the  same  as  witnesses.     The  said  and  I  then 

and  there  in  the  presence  of  the  said  and  in  the  presence  of  each 

other,  subscribed  our  names  as  witnesses  to  the  said  instrument. 


Form  3967  Cowdery's  Form  Book.  1276 

At  the  time  of  execiiting  the  said  instrument,  to  wit  the  day 

of ,  191 — ,  the  said was  over  the  age  of  eighteen  years,  to  wit, 

of  the  age  of  years  or  thereabouts,  and  was  of  sound  and  dis- 
posing mind,  and  not  acting  under  duress,  menace,  fraud  or  undue 
influence . 


Subscribed  and  sworn  to  in  open  court  before  me,  this  day 

of  ,  191—. 

,  Deputy  County  Clerk. 

No.  3967.    Testimony  of  Applicant  on  Probate  of  Will — ^Another  Form. 

[Title  of  Court  and  Estate.] 

State  of  California, 

City  and  County  of  San  Francisco, — ss. 

■ ,  being  duly  sworn  in  open  court,  testifies  as  follows: 

I  am the  person —  named  as  execu —  in  the  document  now 

shown  to  me,  marked  as  filed  in  this  court  on  the  day  of  , 

191 — ;  purporting  to  be  the  last  will  and  testament  of  . 

I  reside  in  the county  of ,  and  am  of  the  age  of  twenty-one 

years  and  upward. 

I  knew  said ;  he  is  dead; he  died  on  or  about  the day 

of ,  191 — ,  at in  the  county  of ,  state  of  California. 

At  the  time  of  death,  he  was  a  resident  of  the  , 

county  of  ,  and  left  an  estate  in  the  county  of  , 

state  of  California, 

The  real  estate  is  of  the  value  of  $ ,  or  thereabouts,   and  the 

annual  rents,  issues  and  profits  of  said  real  estate  amount  to  the  sum 
of ,  or  thereabouts. 

The  personal  property  is  of  the  value  of  $ ,  or  thereabouts. 

The  said  estate  and  effects,  for  or  in  respect  of  which  the  probate 

of  said  will  has  been  applied  for  does  not  exceed  the  value  of  $ 

of  the  estate  of  said  deceased  is  property,  the  same  having  been 

acquired  marriage. 

The  said  document  came  into  my  possession  as  follows,  to  wit;  , 

and  I  believe  the  same  to  be last  Avill  and  testament . 

The  next  of  kin  of  said  deceased  are  . 

On  the  day  of  ,  191 — ,  when  said  will  was  executed,  said 

deceased   was   over   the   age   of  eighteen   years,   being  of  the   age   of 
years  or  thereabouts,  and  was  of  sound  and  disposing  mind. 


Subscribed  and  sworn  to  in  open  court,  before  me,  this  day  of 

— ,  191—. 

,  Deputy  County  Clerk. 


1277  Wills — Probate  and  Contest  of.     Forms  3966,  3969 

No.  3968.     Certificate  of  Proof  of  WilL 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  Sacramento, — ss. 

I,  R.  C.  C,  judge  of  the  said  superior  court,  do  hereby  certify,  that 
on  the  second  day  of  May,  1916,  the  annexed  instrument  was  admitted 
to  probate  as  the  last  will  and  testament  of  P.  C,  deceased,  and,  from 
the  proofs  taken  and  the  examinations  had  therein,  the  said  court  finds 
as  follows: 

That  said  P.  C.  died  on  or  about  the  eleventh  day  of  April,  1916, 
in  the  county  of  Sacramento,  state  of  California;  that  at  the  time  of 
his  death  he  was  a  resident  of  the  county  of  Sacramento,  aforesaid 
[or  that  he  left  estate  in  said  county],  state  of  California;  that  the 
said  annexed  will  was  duly  executed  by  the  said  decedent,  in  the  countj 
of  Sacramento  aforesaid,  state  of  California,  and  signed  by  the  said 
testator  in  the  presence  of  M.  K.  and  H.  W.,  the  subscribing  witnesses 
thereto,  also  that  he  acknowledged  the  execution  of  the  same  in  theii 
presence,  and  declared  the  same  to  be  his  last  will  and  testament,  and 
the  said  witnesses  attested  the  same  at  his  request  in  his  presence  and 
in  the  presence  of  each  other;  that  the  said  decedent,  at  the  time  of 
executing  said  will,  was  of  the  age  of  eighteen  years  and  upwards,  was 
of  sound  and  disposing  mind,  and  not  under  duress,  menace,  fraud,  or 
undue  influence,  nor  in  any  respect  incompetent  to  devise  and  bequeath 
his  estate. 

In  witness  whereof,  I  have  signed  this  certificate,  and  caused  the 
same  to  be  attested  by  the  clerk  of  said  court,  under  the  seal  thereof, 
this  second  day  of  May,  1916. 

[Signature.] 

NOTE. — In  California,  if  the  court  is  satisfied,  upon  the  proof  taken  of 
from  the  facts  found  by  the  jury,  that  the  will  was  duly  executed  and  that  th» 
testator  was,  at  the  time  of  its  execution,  of  sound  mind  and  not  acting  unde? 
duress,  menace,  fraud  or  undue  influence;  a  certificate  of  the  proof,  and  the 
facts  found,  signed  by  the  judge  and  attested  by  the  seal  of  the  court,  must  he 
attached  to  the  will:  California,  Code  Civ.  Proc,  sec.  1317;  Arizona,  Rev.  Stats. 
1913,  par.  745;  Idaho,  E^v.  Codes  1907,  sec.  5313;  Montana,  Eev.  Codes  1907, 
sec.  7394.' 

No.  3969.    Certificate  of  Proof  of  WiU  and  of  Facts  Found— Another 
Form. 

[Title  of  Court  and  Estate.] 

State  of  California, 

City  and  County  of  San  Franeisco,^ — ss. 

I^ ,  judge  of  the  superior  court  of  said  county,  do  hereby  certify: 

That  on  the  day  of  ,  191 — ,  the  annexed  instrument  was 

admitted  to  probate  as  the  last  will  and  testament  of  ,  deceased; 


Form  3970  Cowdery  's  Form  Book.  1278 

that  the  testimony  taken  on  the  probate  of  said  will,  rodaccd  to  writing? 
and  signed  by  the  witnesses  respectiA^ely,  is  filed  in  this  court,  and 
from  the  proofs  taken  and  the  examinations  had  tlierein,  the  said  court 

finds  as  follows:  That  said died  on  or  about  the daj^  of  , 

191 — ,  in  the  county  of  ,  state  of  ;  that  at  the  time  of  

death  was  a  resident  of  tlie  said  city  and  county  of  San  Fran- 
cisco, state  of  California;  that  the  said  annexed  Avill  was  duly  executed 

by  the  said  decedent  in  lifetime,  in  the  county  of ,  state 

of  ,  and  signed  by  the  testat —  in  the  presence  of  and 

the    subscribing   witnesses,   thereto;    also   that acknowledged   the 

execution  of  the  same  in  their  presence,  and  declared  the  same  to  be 

last  will  and  testament,  and  the  said  witnesses  attested  the  same 

at request,  in presence  and  in  the  presence  of  each  other,  that 

the  said  decedent,  at  the  time  of  executing  said  will,  was  of  the  age 
of  eigliteen  years  and  upward,  was  of  sound  and  disposing  mind,  and 
not    acting   under   duress,    menace,    fraud   or   undue    influence,   nor   in 

any  respect  incompetent  to  devise  and  bequeath estate. 

In  witness  whereof,  I  have  signed  this  certificate  and  caused  the 
same  to  be  attested  by  the  clerk  of  said  court,  under  the  seal  thereof, 

this  day  of  ,  191 — . 

,  Judge  of  the  Superior  Court. 

Attest:     ,  Clerk. 

By  ,  Deputy  Clerk. 

No.  3970.    Certificate  of  Proof  of  Lost  Will. 

[Title  of  Court  and  Estate.] 

I,  J.  V.  C,  judge  of  the  superior  court  of  the  state  of  California  in 
and  for  said  city  and  county,  do  hereby  certify:  That  on  May  9,  1916, 
H.  M.  F.  died  in  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, and  at  the  time  of  his  death  was  a  resident  of  said  city  and 
county.  That  on  the  third  day  of  January,  1916,  the  said  decedent, 
in  the  city  and  county  of  San  Francisco,  state  of  California,  in  the 
presence  of  H.  C.  and  G.  W.  J.,  as  subscribing  witnesses,  executed  his 
last  will  and  testament.  Also,  that  he  acknowledged  the  execution  of 
the  same  in  their  presence,  and  declared  the  same  to  be  his  last  will 
and  testament,  and  the  said  witnesses  attested  the  same  at  his  re- 
quest, in  his  presence,  and  in  the  presence  of  each  other.  That  the  said 
decedent,  at  the  time  of  executing  said  will,  as  aforesaid,  was  of  the 
age  of  eighteen  years  and  upward;  was  of  sound  and  disposing  mind, 
and  not  under  restraint,  undue  influence,  menace,  fraud,  duress,  or 
fraudulent  misrepresentations,  or  in  any  respect  incompetent  to  devise 
and  bequeath  his  estate.  That  said  will  was  in  existence  at  the  time 
of  said  testator's  death,  and  it  had  not  been  annulled  or  revoked.  That 
said  will  has  since  been  by  accident  destroyed.  That  said  will  was 
in  the  words  and  figures  following,  to  wit:  [Here  state  the  contents.] 
It  is  therefore  ordered  that  this  instrument  be  filed  and  recorded  as 


1279  Wills — Probate  and  Contest  of.     Forms  3971,  8972 

the  last  will  and  testament  of  said  H.  M.  F.,  deceased,  and  that  letters 
testamentary  be  issued  to  the  executors  named  in  said  will. 

In  witness  whereof,  I  have  signed  this  certificate  and  caused  tlie 
same  to  be  attested  by  the  clerk  of  this  coiu-t  under  the  seal  thereof, 
this  tenth  day  of  May,  A.  D.  1916. 

[Signature.] 

NOTE. — In  California,  when  a  lost  will  is  established,  the  provisions  thereof 
must  be  distinctly  stated  and  certified  by  the  judge  under  bis  hand  and  the 
seal  of  the  court,  and  the  certificate  must  be  filed  and  recorded  as  other  wills 
are  filed  and  recorded  and  letters  testamentary  or  of  administration  with  the 
will  annexed  must  be  issued  thereon  in  the  same  manner  as  upon  wills  pro- 
duced, and  duly  proved:  California,  Code  Civ.  Proc,  sec.  1340;  Arizona,  Eev. 
Stats.  1913,  par.  768;  Idaho,  Rev.  Codes  1907,  sec.  5327;  Montana,  Rev.  Codes 
1907,  sec.  7416;  Washington,  Rem.  Codes,  sec.  1315. 

No.  3971.    Certificate  of  Rejection  of  WilL 

[Title  of  Court  and  Estate.] 

State  of  California, 
County  of  ,  ss. 

I,  M. ,  judge  of  the  said  superior  court,  do  hereby  certify  that  on 

the  fifth  day  of  February,  1918,  the  annexed  instrument  was  filed  in 

the   above-named    court,   together   with   the   petition   of  ,   praying 

that  the  same  be  admitted  to  probate  as  the  last  will  and  testament 

of  ,   deceased;   and  said  matter  coming  on  regularly  for  hearing 

before  said  court  on  the  day  of  ,  191 — ,  and  the  matter  tlieu 

being  submitted  for  decision,  said  court  entered  its  judgment  rejecting 
said  will,  and  ordered  that  the  same  be  not  admitted  to  probate. 

In  witness  whereof  I  hereunto  set  my  hand  this  day  of  , 

191—. 

,  Judge  of  Superior  Court. 

No.  3972.     Order  Admitting  WiU  to  Probate. 
[Title  of  Court  and  Estate.] 

The  petition  of  D.  B.  heretofore  filed  in  the  above-entitled  matter 
praying  for  the  admission  to  probate  of  a  certain  document  filed  lierein, 
purporting  to  be  the  last  will  and  testament  of  H.  H.  M.,  deceased, 
and  also  praying  to  be  appointed  executor  thereof,  coming  on  this 
day  to  be  heard;  and  said  matter  having  been  submitted,  it  is  ordered 
that  said  document  be  admitted  to  probate  as  the  last  will  and  testa- 
ment of  said  deceased,  that  said  D.  B.  be,  and  he  is  hereby,  appointed 
executor  thereof,  and  that  letters  testamentary  thereon  issue  to  said 
petitioner  upon  taking  the  oath  required  by  law. 

Dated . 

[Signature.] 

NOTE. — In  California,  if  no  person  appears  to  contest  the  probate  of  a  will, 
the  court  may  admit  it  to  probate  on  the  testimony  of  one  of  the  subscribing 


Forms  3973, 3974         Cowdery's  Form  Book.  1280 

■witnesses  only,  if  he  testifies  that  the  will  was  executed  in  all  particulars  as 
required  by  law,  and  that  the  testator  was  of  sound  mind  at  the  time  of  its 
execution:   California,  Code  Civ.  Froc,  sec.  1388. 

This  form  is  drawn  in  the  spirit  of  the  liberal  language  of  section  1704  of 
the  Code  of  Civil  Procedure,  providing  "that  orders  and  decrees  made  by  the 
court,  or  a  judge  thereon,  in  probate  proceedings,  need  not  recite  the  existence 
of  facts,  or  the  performance  of  acts  upon  which  the  jurisdiction  of  the  court 
or  judge  may  depend,  but  it  shall  only  be  necessary  that  they  contain  the 
matters  ordered  or  adjudged,  except  as  otherwise  provided."  It  may  be  used 
in  California:  California,  Code  Civ.  Proc.,  sec.  1704;  Alaska,  Comp.  Laws  1913, 
sees.  1604-1632;  Arizona,  Rev.  Stats.  1913,  pars.  807,  1073;  Idaho,  Eev.  Codes, 
1907,  sec.  5655;  Montana,  Eev.  Codes  1907,  sees.  7452,  7701;  Washington,  Rem. 
Codes,  sec.  1297. 

No.  3973.    Order  Admitting  Will  to  Probate— Another  rorm. 
[Title  of  Court  and  Estate.] 

The    petition   of praying   for   the    admission   to   probate    of   a 

certain  document  filed  in  this  court,  purporting  to  be  the  last  will  and 

testament  of  ,  deceased,  and  that  letters  testamentary  be  issued 

to  said  petitioner  this  day  coming  on  regularly  to  be  heard,  and 

due  proof  being  made  to  the  satisfaction  of  this  court  that  notice  had 
been  given  according  to  law  of  the  time  and  place  of  hearing  said 
petition,  and  after  examining  the  said  petitioner^  and  ,  the  sub- 
scribing witnesses  to  the  will,  produced  in  belialf  of  said  petitioner — ; 

and  it  duly  appearing  to  said  court  that  said  died  on  the  

day  of  ■ ,  191—,  resident  of  the  county  of . 

it   is   ordered   that  the   said    document   heretofore   filed,   purporting 

to  be  the  last  will  and  testament  of  said  ,  deceased,  be  admitted 

to   probate   as  the    last  will    and    testament   of    said  ,   deceased; 

tliat   said   be,   and   — he   hereby    appointed   ,    and    that 

letters  issued  to  said  petitioner —  upon  giving  the  bond  required 

by  law  for  the  faithful  execution  of  the  duties  of  the  trust  as  such 

in  the  sum  of dollars,  with  sufficient  sureties,  to  be  approved 

by  tlie  superior  court  judge,  and  upon  taking  the  oath  as  required 
by  law. 

No.  3974.    Order  Admitting  Will  to  Probate— Another  Foiin. 

[Title  of  Court  and  Estate.] 

The  petition  of  T.  M.  and  G.  B.,  heretofore  filed  in  the  above-entitled 
matter,  praying  for  the  admission  to  probate  of  a  certain  document 
filed  herein,  purporting  to  be  the  last  will  and  testament  of  P.  C, 
deceased,  and  to  be  appointed  executor  thereof,  and  that  letters  testa- 
mentary be  granted  to  said  petitioner,  tliis  day  regularly  coming  on 
to  be  heard,  and  due  proof  being  made  that  notice  has  been  duly  given 
of  the  time  appointed  for  proving  said  will,  and  for  hearing  said  peti- 
tion, according  to  law,  to  all  parties  interested;  and,  after  examining 
the  said  petitioner  and  M.  K.  and  H.  W.,  the  subscribing  witnesses 
to  said  will,  from  which  it  appears  that  said  document  is  the  last  will 
and  testament  of  said  P.  C,  deceased;  that  it  was  executed  in  all  par- 


1281  Wills — Probate  and  Contest  of.     Forms  3976,  3977 

ticulars  as  required  by  law,  and  that  the  said  testator,  at  the  time  of 
the  execution  of  the  same,  was  of  sound  and  disposing  mind,  and  not 
acting  under  undue  influence,  menace,  fraud,  or  duress,  and  that  said 
testator  died  on  the  eleventh  day  of  April,  1917 ;  that  he  was  a  resident 
of  the  county  of  Sacramento,  in  the  state  of  California,  at  the  time 
of  his  death ;  that  the  value  of  said  estate  is  estimated  at  one  hundred 
and  twcnt^^-five  thousand  dollars: 

It  is  ordered  that  the  said  document  heretofore  filed,  purporting  to 
be  the  last  v\-ill  and  testament  of  said  P.  C,  deceased,  be  admitted  to 
probate  as  the  last  will  and  testament  of  said  deceased;  that  said 
T.  M.  and  G.  B.  be,  and  they  are  hereby,  appointed  executors  thereof, 
and  that  letters  testamentary  thereon  issue  to  said  petitioners  upon 
taking  the  oath  required  by  law,  it  being  expressly  provided  in  said 
will  tliat  no  bond  shall  be  required  of  the  executor. 

Dated . 

,  Judge. 

No.  3976.     Opposition  to  Probate  of  Will. 

[Title  of  Court  and  Estate.] 

Now  comes  ,  who  says  that  he  is  a  son  and  heir  of  said  de- 
ceased, and  who  opposes  the  probate  of  the  instrument  filed  in  this 
court  purporting  to  be  the  last  will  of  said  deceased,  and  for  ground 
of  opposition  alleges : 

First.  That  said  decedent  was  not,  at  the  time  of  the  execution  of 
said  instrument,  competent  to  make  a  will,  in  this,  that  for  over  five 
years  prior  to  said  time  he  had  been  so  addicted  to  the  excessive 
use  of  intoxicating  liquors  that  at  said  time  his  reason  was  dethroned 
and  he  was  not  of  sound  and  disposing  mind. 

Second.  That  said  instrument  was  not  attested  and  executed  as  a 
will,  in  this,  that  said  deceased  did  not  sign  said  instrument  in  tlie 
presence  of  the  alleged  witnesses,  nor  did  he  acknowledge  to  said 
witnesses  that  the  signature  to  said  instrument  was  his,  or  that  it  was 
made  by  his  authority;  nor  did  said  witnesses  sign  said  instrument  as 
witnesses  in  the  presence  of  the  testator  or  in  the  presence  of  eaeli 
other. 

Wherefore  contestant  prays  that  said  instrument  be  denied  probate. 

f  Contestant. 

,  Attorney  for  Contestant. 

No.  3977.    Answer  to  Opposition  to  Probate. 
[Title  of  Court  and  Estate.] 

Now  comes  ,  proponent  of  the  will  of  said  deceased,  and  for 

answer  to  the   opposition   to  the   probate  of  said  will  filed   herein  by 
denies  and  avers  as  follows: 

Form  Book — 81 


Form  3978  Cowdery's  Form  Book.  1282 

Denies  that  said is  a  person  interested  in  said  estate,  and  denies 

that  he  is  an  heir  or  son  of  said  deceased. 

Avers  that  said  decedent  was,  for  over  five  years  prior  to  the  execu- 
tion of  his  will  filed  herein,  addicted  to  the  excessive  use  of  intoxicating 
liquor,  but  denies  that  his  reason  was  dethroned  at  the  time  of  the 
execution  of  said  will,  and  denies  that  he  was  not  of  sound  and  dis- 
posing mind  at  said  time. 

Denies  that  said  will  was  not  signed  by  said  decedent  in  the  pres- 
ence of  the  alleged  witnesses,  and  denies  that  said  witnesses  did  not 
sign  said  will  in  the  presence  of  said  decedent  and  in  the  presence  of 
each  other. 

Wherefore  proponent  prays  that  said  opposition  be  dismissed,  and 
that  said  will  be  admitted  to  probate  as  the  last  will  and  testament  of 
said  deceased,  and  for  costs  herein. 

,  Attorney  for  Proponent. 


No.  3978.    Contest  of  Will  Before  Probate. 
[Title  of  Court  and  Estate.] 

Now  comes  H.  F.  W.  F.,  son  and  heir  of  said  H.  M.  F.,  the  said 
deceased,  and  contesting  the  will  filed  in  the  court  purporting  to  be 
the  last  will  of  said  deceased,  for  ground  of  contest  states: 

[If  the  contest  is  on  the  ground  of  incompetency:]  The  said  H.  M.  F. 
was  not,  when  said  alleged  will  was  executed,  of  sound  and  disposing 
mind.  In  this:  The  said  H,  M.  F.  was  under  the  influence  of  alcoholic 
drink,  and  other  intoxicants  to  such  dcgiee  that  he  did  not  know  what 
he  was  doing  when  he  executed  said  will. 

[If  on  the  ground  of  duress  state:]  The  said  H.  M.  F.  was,  when 
said  alleged  will  was  executed,  acting  under  the  undue  influence  of 
W.  J.  In  this:  The  said  deceased  was  a  Protestant  and,  when  said 
alleged  will  was  executed,  a  member  of  the  Methodist  Church.  That 
he  had  an  antipathy  to  Unitarians,  and  all  those  not  believing  in  the 
divinity  of  Jesus  Christ  that  approached  monomania.  That  he  had 
frequently  said  that  a  person  not  believing  in  the  divinity  of  Jesus 
Christ  liad  no  right  to  the  possession  or  enjoyment  of  property  (the 
foundation  of  all  property  being  in  God  and  given  by  His  Son  Jesus 
to  man  on  condition  that  mankind  would  believe  in  Him). 

That  the  said  W.  J.  was  with  said  deceased,  when  said  alleged  will 
was  executed;  that  for  many  years  he,  the  said  W.  J.,  had  been  and 
then  was  a  constant  companion  and  warm  friend  of  deceased,  and 
deceased  had  absolute  confidence  in  everything  said  W.  J.  said.  That 
on  the  day  said  alleged  will  was  executed  the  said  W.  J.  said  to  de- 
ceased that  this  contestant  was  a  Unitarian,  and  to  his,  W.  J. 's,  own 
knowledge,  did  not  believe  in  the  divinity  of  Jesus  Christ.  That  de- 
ceased then  and  there,  and  acting  under  the  information  so  obtained, 
did  not  provide  for  contestant  in  his  alleged  will;  and  contestant  alleges 


1283  "Wills — Probate  and  Contest  of.  Form  3979 

that  at  the  time  said  will  was  made  he  did  believe  in  the  divinity  of 
Jesus  Christ,  and  lie  does  now  believe  in  His  divinity.  That  if  said 
W.  J.  had  not  made  the  statements  aforesaid  deceased  would  have 
provided  for  contestant  in  his  last  will. 

[If  on  the  ground  that  it  was  not  properly  executed:]  That  said 
alleged  will  was  not  properly  attested  and  not  properly  executed  in 
this :  The  said  deceased  did  not  sign  said  will  in  the  presence  of  alleged 
witnesses,  nor  did  he  acknowledge  to  said  witnesses  that  the  signature 
to  said  will  was  his,  or  that  it  was  made  by  his  authority.  Nor  did 
said  witnesses  sign  said  will  as  witnesses  in  the  presence  of  the  testator 
nor  in  the  presence  of  each  other. 

[If  the  will  purports  to  be  holographic,  then:]  That  said  alleged 
will  was  not  entirely  written,  dated,  and  signed  by  the  hand  of  the 
testator  himself.  In  this:  The  figures  in  the  last  line  "1915"  are  in 
print  and  the  word  "and"  in  the  third  line  from  the  top  was  not 
written  by  deceased. 

Wherefore  contestant  prays  that  said  alleged  will  be  denied  probate. 

[Signature.] 

NOTE. — In  California,  a  will  may  be  contested  on  any  of  the  following 
grounds:  1.  The  competency  of  tlie  decedent  to  make  a  last  will;  2.  The  free- 
dom of  the  decedent  at  the  time  of  its  execution  from  duress,  menace,  fraud, 
or  undue  influence;  3.  The  due  execution  of  it  and  attestation  by  the  decedent 
or  subscribing  witnesses;  or  4.  Any  other  questions  substantially  affecting  the 
validity  of  the  will.  The  questions  at  issue  must,  on  request  of  either  party 
in  writing  (filed  three  days  prior  to  the  day  set  for  the  hearing),  be  tried  by 
a  jury.  If  no  jury  is  demanded,  the  court  must  try  and  determine  the  issues 
joined.  On  the  trial,  the  contestant  is  plaintiff,  and  the  petitioner  is  defend- 
ant: California,  Code  Civ.  Proc,  see.  1312. 

See,  generally,  Arizona,  Eev.  Stats.  (Civ.  Code  1913),  see.  745;  California, 
Code  Civ.  Proc,  sec.  1312  et  seq.;  Colorado.  Mill's  Ann.  Stats.  1912,  sec.  7894: 
Idaho,  Rev.  Codes  1907,  sec.  530o  et  seq.;  Kansas,  Gen.  Stats.  1915,  sec.  11,765 
et  seq.;  Montana.  Rev.  Codes  1907,  sec.  7397  et  soq.;  Nebraska,  Rev.  Code 
1913,  sec.  1303;  Nevada,  Rev.  Laws  1912,  see.  5S72  et  seq.;  New  Mexico, 
Stats.  Ann.  1915,  sec.  5881  et  seq.;  North  Dakota,  Comp.  Laws  1913,  sec. 
8638;  Oklahoma,  Harris  &  Day's  Code  1910,  sec.  6210  et  seq.;  Oregon,  Lord's 
Oregon  Laws,  sees.  1143,  7334;  South  Dakota,  Comp.  Laws  1913,  sec.  5671 
et  seq.;  Utah,  Comp.  Laws  1907,  sec.  3791  et  seq.;  Washington,  Rem.  Code, 
sec.  1307  et  seq.;  "Wyoming,  Comp.  Stats.  1910,  sec.  5439  et  seq. 

No.  3979.     Contest  and  Opposition  to  Probate  of  Codicil. 
[Title  of  Court  and  Estate.] 

Now  come  M.  G.  S.  and  M.  T.  Company  of  San  Francisco,  a  cor- 
poration duly  organized  and  existing  under  the  laws  of  the  state  of 
California,  as  the  executors  of  the  last  will  and  testament  of  H.  W.  D., 
deceased,  by  C.  P.,  their  attorney,  and  file  this  their  opposition  and  con- 
test to  the  probate  of  the  alleged  and  pretended  codicil  to  the  will  of 
said  deceased,  which  alleged  and  pretended  codicil  is  dated  the  seven- 
teenth day  of  March,  1914,  and  the  probate  whereof  has  been  peti- 


Form  3979  Co  wdery's  Form  Book.  128  ^ 

tioned  for  by  J.  C.  R.,  by  his  petition  filed  herein  on  the  tenth  day  of 
September,  1914,  and  for  gi'ound  of  opposition  and  contest  say: 

I.  That  the  said  S.  D.  died  on  the  fifth  day  of  April,  A.  D.  1914,  in 
the  city  and  county  of  San  Francisco,  state  of  California,  and  was 
at  the  time  of  his  death  a  resident  of  said  city  and  county,  and  left 
an  estate  tlierein  consisting  of  real  and  personal  property;  that  said 
deceased  at  the  time  of  his  death  was  of  the  age  of  seventy-eight  years. 

That  said  deceased  had  never  been  married  and  left  no  descendants 
Iiim  surviving,  and  that  his  father  and  mother  and  each  and  all  of  his 
brothers  and  sisters,  except  his  sister  J.  D.,  had  died  prior  to  the  said 
fifth  day  of  April,  1914. 

That  at  the  time  of  the  death  of  said  deceased  he  left  him  surviving 
as  his  only  heirs  at  law  the  following  persons,  whose  names,  ages,  resi- 
dences and  relationship  to  said  deceased  are  and  were  as  follows,  to  wit: 
[Describe  them.] 

That  the  said  J.  D.,  M.  G.  and  H.  W,  are  the  only  heirs  at  law  of 
said  deceased. 

That  the  said  H.  W.  died  on  the  sixth  day  of  May,  A.  D.  1914,  at 
Cliurchville,  in  the  county  of  Monroe,  state  of  New  York,  and  at  the 
tii>ie  of  his  death  was  a  resident  of  said  county  and  state,  and  left 
an  estate  in  the  state  of  California,  situated  partly  in  the  city  and 
county  of  San  Francisco,  and  partly  in  other  counties  in  said  state, 
consisting  of  real  and  personal  property;  that  the  estate  of  said  H.  W. 
situated  in  the  state  of  California  consists  of  an  undivided  one-quarter 
interest  in  all  and  singular  the  property  comprising  the  estate  of  the 
said  S.  D.,  deceased. 

That  said  H.  W.,  at  the  time  of  his  death,  left  a  last  will  and  testa- 
ment, bearing  date  the  sixth  day  of  May,  1914,  in  which  the  M.  T. 
Company  of  San  Francisco  was  named,  nominated  and  appointed  as 
the  executor  thereof  in  respect  to  the  estate  of  said  H.  W.,  deceased, 
situated  in  the  state  of  California. 

That  the  said  M.  T.  Com])any  of  San  Francisco  is  and  at  all  times 
herein  mentioned  has  been  a  corporation  duly  organized  and  existing 
under  the  laws  of  the  state  of  California,  and  doing  business  therein, 
and  having  its  principal  place  of  business  in  the  city  and  county  of 
San  Francisco,  in  said  state,  and  as  such  corporation  has  been  and  is 
now  autliorized,  under  and  by  virtue  of  its  articles  of  incorporation, 
and  under  and  by  virtue  of  the  provisions  of  the  act  of  the  legislature 
of  the  state  of  California,  entitled  "An  act  authorizing  certain  corpora- 
tions to  act  as  executor,  and  in  other  capacities,  and  to  provide  for 
and  regulate  the  administration  of  trusts  by  sucli  corporal  ions,"  ap- 
proved April  6,  1891,  to  act  as  executor  of  the  last  will  and  testament 
of  deceased  persons. 

That  on  the  fourteenth  day  of  June,  1914,  the  superior  court  of  the 
city  and  county  of  San  Francisco,  state  of  California,  in  a  proceeding 
then  pending  therein  entitled,  "In  the  Matter  of  the  Estate  of  H.  W., 


1285  Wills — Probate  and  Contest  op.  Form  3979 

Deceased,"  duly  made  and  rendered  its  order  admitting  to  probate  the 
aforesaid  last  -will  and  testament  of  the  said  H.  W.,  deceased,  and  direct- 
ing the  issuance  of  letters  testamentary  thereon  to  the  said  M.  T.  Com- 
pany of  San  Francisco ;  that  thereafter,  and  on  the  said  fourteenth  day 
of  June,  1914,  the  said  M.  T.  Company  of  San  Francisco  duly  qualified 
as  the  executor  of  the  said  last  will  and  testament  of  the  said  H.  W., 
deceased,  and  letters  testamentary  thereon  were  duly  issued  to  it,  and 
ever  since  has  been,  and  now  is,  the  duly  appointed,  qualified  and  act- 
ing executor  of  the  last  will  and  testament  of  said  H.  W.,  deceased. 

II.  That  the  said  S.  D.,  at  the  time  of  his  death,  left  an  olographic 
last  will  and  testament  bearing  date  the  twenty-first  day  of  February, 
A.  D.  1898,  and  which  was  entirely  written,  dated  and  signed  by  the 
hand  of  the  said  S.  D.  himself,  and  which  said  last  will  and  testament 
is  in  the  words  and  figures  as  follows,  to  wit: 

"San  Francisco,  Feb.  21st,  1898. 

"In  the  Name  of  God,  Amen — I,  S.  D.,  of  the  city  and  county  of  San 
Francisco,  state  of  California,  United  States  of  America,  born  in  the 
village  of  Gallway,  county  of  Saratoga,  state  of  New  York,  on  the  9th 
day  of  March,  1826,  being  of  sound  mind  and  memory,  do  make,  publish 
and  declare  this  to  be  my  last  will  and  testament. 

"1st.  I  make,  constitute  and  appoint  J.  C.  of  the  city  and  county  of 
San  Francisco,  whose  office  is  at  408  California  street.  Room  2,  my 
executor,  of  this  my  last  will  and  testament,  to  act  without  giving  any 
bond,  undertaking  or  security  of  any  kind.  In  case  of  the  inability  of 
the  said  J.  C.  from  any  cause  whatever  to  act,  I  make,  constitute  and 
appoint  the  U.  T.  Company  of  San  Francisco,  whose  place  of  business 
is  on  the  northeast  corner  of  Montgomery  and  Market  streets,  to  act  as 
executor  in  his  stead. 

"I  hereby  revoke  all  former  wills  made  by  me. 

"S.  D., 
"408  California  Street." 

That  the  aforesaid  document  constitutes  and  is  the  entire  and  only 
last  will  and  testament  of  the  said  S.  D.,  deceased. 

That  on  the  thirteenth  day  of  May,  1914,  the  superior  court  of  the 
city  and  county  of  San  Francisco,  state  of  California,  in  a  proceeding 
then  pending  therein,  entitled  "In  the  matter  of  the  Estate  of  S.  D., 
Deceased,"  duly  gave  and  made  its  order  admitting  to  probate  the 
aforesaid  document  dated  the  twenty-first  day  of  February,  A.  D.  1898, 
as  and  for  the  last  will  and  testament  of  the  said  S.  D.,  deceased,  and 
directing  the  issuance  of  letters  testamentary  thereon  to  the  said  J.  C. ; 
tliat  thereafter,  and  on  the  said  thirteenth  day  of  May,  1914,  the  said 
J.  C.  duly  qualified  as  the  executor  of  the  said  last  will  and  testament 
of  the  said  S.  D.,  deceased,  and  letters  testamentary  thereon  were  duly 
issued  to  him,  and  ever  since  tlie  said  J.  C.  has  been,  and  now  is,  tlie 
duly  appointed,  qualified  and  acting  executor  of  the  aforesaid  last  will 
and  testament  of  said  S.  D.,  deceased. 


Form  3980  Cowdery  's  Form  Book.  1286 

III.  That  a  document  in  writing  bearing  date  the  seventeenth  day  of 
March,  1914,  and  purporting  to  be  an  olographic  codicil  to  the  afore- 
said last  will  and  testament  of  S.  D.,  deceased,  and  to  be  entirely  writ- 
ten, dated  and  signed  by  the  hand  of  the  said  S.  D.,  has  been  heretofore 
presented  to  the  above-entitled  court  for  probate,  as  and  for  a  part  of 
the  last  will  and  testament  of  said  S.  D.,  deceased;  that  J.  C,  who  is 
named  in  the  aforesaid  last  will  and  testament  of  S.  D.,  deceased,  as  the 
executor  thereof,  by  his  petition  filed  herein  on  the  tenth  day  of  Sep- 
tember, 1914,  has  i:)etitioned  said  court  that  said  document  be  admitted 
to  probate  as  a  codicil  to  and  as  a  part  of  the  last  will  and  testament 
of  the  said  S.  D.,  deceased. 

IV.  That  said  document  bearing  date  the  seventeenth  day  of  March, 
1914,  and  purporting  to  be  a  codicil  to  the  aforesaid  last  will  and  testa- 
ment of  said  S.  D.,  deceased,  was  not,  nor  was  any  part  thereof,  writ- 
ten, dated  and  signed,  or  written,  or  dated,  or  signed,  by  the  hand  of  the 
said  S.  D. 

Wherefore,  these  contestants  pray  the  judgment  and  decree  of  this 
court  that  the  said  alleged  and  pretended  codicil  bearing  date  tlie  seven- 
teenth day  of  March,  1914,  is  not  a  codicil  to,  nor  any  part  of,  the  last 
will  and  testament  of  the  said  S.  D.,  deceased,  and  that  the  same  is  null 
and  void,  and  that  probate  thereof  be  denied,  and  that  contestants  be 
given  judgment  for  their  costs. 

Dated . 

[Signature.] 

NOTE.— California,  Code  Civ.  Proc,  sec.  1312;  Arizona,  Rev.  Stats.  1913, 
par.  748;  Idaho,  Eev.  Codes  1907,  sec.  5308;  Montana,  Rev.  Codes,  1907,  sec. 
7397. 

No.  3980.    Petition  to  Revoke  the  Probate  of  a  Will  on  Discovery  of 

Later  Will. 
[Title  of  Court  and  Estate.] 

The  petition  of  A.  B.  respectfully  alleges  that  on  the  third  day  of 
June,  1917,  an  order  of  the  court  was  made  admitting  to  probate  a  writ- 
ing purporting  to  be  the  last  will  of  C.  D.,  deceased,  and  at  the  same 
time  the  court  made  an  order  appointing  E.  F.  executor  of  said  will  and 
also  made  its  certificate  of  the  proof  and  the  facts  found,  and  such  pro- 
ceedings Avere  then  had  that  the  said  E.  F.  qualified  as  executor,  and  he 
is  now  the  executor  of  said  will. 

Your  petitioner  further  states  that  the  will  admitted  to  probate  as 
aforesaid  was  not  the  last  will  of  said  deceased.  That  petitioner  has 
in. his  possession  an  olographic  will  of  said  deceased  made  by  him  after 
he  signed  the  paper  admitted  to  probate  as  aforesaid.  Wl:erefore  peti- 
tioner prays  that  the  order  admitting  to  probate  the  paper  dated  Janu- 
ary 3,  1917,  as  the  last  will  of  said  deceased  be  revoked. 

bated  . 

[Signature.] 


1287  Wills — Probate  and  Contest  op.     Forms  3981-3983 

NOTE. — Under  the  circunistanees  stated  in  the  above  form,  a  petition  in 
writing  may  be  filed  within  one  year  in  the  court  in  which  the  will  was  pro- 
bated, containing  allegations  against  the  validity  of  the  will  and  praying  that 
the  probate  be  revoked.  The  same  action  may  be  taken  if  it  is  shown  that  the 
proofs  of  the  execution  of  the  will  were  insufficient:  California,  Code  Civ. 
Proc,  sec.  1327. 

It  is  thought  to  be  good  practice,  when  the  petitioner  is  sure  of  his  "facts" 
to  tile  a  petition  for  the  proljate  of  the  true  will  the  same  as  if  no  will  had 
been  admitted  to  probate,  and  so  manage  the  affair  that  the  petition  to  revoke 
and  the  petition  to  probate  will  be  heard,  the  first  by  a  jury  and  the  second  by 
the  court  on  the  same  day:  Alaska,  Comp.  Laws  1913,  sees.  1604-1632;  Arizona, 
Rev.  Stats.  1913,  par.  758;  Idaho,  Rev.  Codes  1907,  sec.  5318;  Montana,  Rev. 
Codes,  1907,  sees.  7407-7413;  Washington,  Rem.  Codes,  sec.  1307. 

No.  3981.     Citation  on  Application  to  Revoke  Probate. 
[Title  of  Court  and  Estate.] 

To ,  Executor  of  tlie  Will  of ,  Deceased,  and  to , ,  and 

,  Legatees,  Devisees  and  Heirs  of  Said  Deceased: 

You  and  each  of  you  are  hereby  notified  that  a  petition  has  been  filed 

in  the  above-entitled  court  to  revoke  the  probate  of  the  will  of  , 

deceased,  and  you  are  cited  to  appear  in  said  court,  at  the  courthouse 

in  said  county,  on  the  day  of  ■ .  19—,  at  the  hour  of  10  o'clock 

A.  M.  of  that  day,  and  show  cause,  if  any  you  ean,  why  the  probate  of 
said  will  should  not  be  revoked. 

Dated ,  19—. 

,  Clerk. 

,  Deputy  Clerk. 

No.  3982.    Order  Revoking  Probate  of  Will. 

[Title  of  Court  and  Estate.] 

It  is  ordered  that  the  order  made  May  9,  1917,  admitting  to  probate 
a  doci;ment  purporting  to  be  the  last  will  of  H.  M.  F.,  deceased,  be,  and 
the  same  is  herebj',  annulled  and  revoked. 

NOTE.— In  California,  when  a  will  is  contested  after  probate  and  the  will 
held  to  be  invalid  an  order  is  made  annulling  and  revoking  the  order  admitting 
it  to  probate:  California,  Code  Civ.  Proc,  sec.  1330;  Arizona,  Rev.  Stats.  1913, 
par.  760;  Idaho  Rev.  Codes  1907,  see.  5321:  Montana,  Rer.  Codes.  1907.  sec. 
7409.  '  ' 


No.  3983.    Contest  of  Will  After  Probate. 

[Title  of  Court  and  Estate.] 

To  the  Honorable  Superior  Court  Aforesaid: 

The  petition  of respectfully  represents  that  he  is  a  son  and  heir 

of ,  who  died  in county,  California,  on  or  about ,  19 — . 

That  on  the day  of ,  19 — ,  an  order  of  this  court  was  made 

admitting  to  probate  a  writing  purporting  to  be  the  last  will  of  said 
deceased,  and  at  the  same  time  the  court  made  an  order  appointino- 
■ executor  of  said  will,  and  also  made  its  certificate  of  the  proof  and 


Forms  3985, 3986         Cowdery's  Form  Book.  1288 

the  facts  found,  and  such  proceedings  were  then  had  that  the  said 

qualified  as  executor,  and  he  is  now  the  executor  of  said  will. 

That  your  petitioner  is  informed  and  believes,  and  therefore  alleges, 
that  said  writing  is  not  the  last  will  of  said  deceased,  but  that  said  writ- 
ing is  a  forged  instrument  drawn  by  one  after  the  death  of  said 

decedent. 

Wherefore  your  petitioner  prays  that  the  order  admitting  to  probate 
said  pretended  will  be  set  aside;  that  the  letters  testamentary  hereto- 
fore issued  to  said  be  revoked;  and  that  letters  of  administration 

be  granted  to  your  petitioner. 

Dated ,  19—. 

,  Petitioner. 

,  Attorney  for  Petitioner. 

No.  3985.    Order  Appointing  Time  for  Hearing  Petition  for  Probate  of 

Foreign  Will. 
[Title  of  Court  and  Estate.] 

A  petition  by having  been  filed  in  this  court  for  the  probate  of 

the  last  will  of ,  deceased,  which  petition  alleges  that  said  will  has 

been  duly  admitted  to  probate  in  the  district  court  of county,  Mon- 
tana; and  a  duly  authenticated  copy  of  said  will  and  of  said  foreign 
probate  having  been  produced  and  filed  in  this  court,  it  is  ordered  that 

. ^  the  day  of  ,  19 — ,  at  10  o'clock  A.  M.  of  that  day,  be 

and  the  same  is  hereby  appointed  as  the  time  for  hearing  said  petition ; 
and  the  clerk  of  this  court  is  hereby  directed  to  give  due  notice  thereof 
as  required  by  law. 

Dated ,  19—. 

— — ,  Judge  of  Superior  Court. 

No.  3986.    Order  Admitting  Foreign  Will  to  Probate. 

[Title  of  Court  and  Estate.] 

The  petition  of ,  asking  that  a  document  filed  therewith,  purport- 
ing to  be  the  last  will  and  testament  of ,  deceased,  be  admitted  to 

probate,  and  that  ,  who  is  named  therein  as  executor,  be  appointed 

as  such,  and  that  letters  testamentary  be  issued  to  said  ,  coming  on 

regularly  this  day  to  be  heard,  and  due  proof  being  made  that  notice 
has  been  duly  given  of  the  time  appointed  by  this  court  for  proving  said 
will  and  hearing  said  petition;  that  said  order  has  been  duly  served 
upon  all  parties  interested  in  said  estate  according  to  law;  that  said 
died  testate,  at ,  on  the day  of ,  19—;  and  it  appear- 
ing by  the  duly  authenticated  copy  of  said  will  and  the  probate  thereof 
that  said  will  has  been  proved,  allowed,  and  admitted  to  probate  in  an- 
other of  the  United  States,  to  wit, [or  in  a  foreign  country,  to  wit, 

]  ;  and  it  furtlier  appearing  that  said  will  was  duly  executed  accord- 
ing to  the  law  of  said  state ;  and  it  appearing  that  the  personal  property 
of  said  estate  situated  in  this  state  is  of  the  value  of  five  thousand  dol- 


1289  Wills — Probate  and  Contest  of.  Form  ;3987 

lars,  and  that  the  annual  rents  and  profits  of  tlie  realt}'  belonging  tliercto 
situated  in  this  state  amount  to  one  tliousand  dollars; 

It  is  therefore  ordered  that  said  will  be  and  the  same  is  hereby  ad- 
mitted to  probate,  and  that  letters  testamentary  be  issued  thereon  to 

,  the  person  named  in  said  will  as  executor,  ujjon  his  givin<^  bonds  in 

the  sum  of  twelve  thousand  dollars,  to  be  approved  by  the  judge  of  this 
court  (or  in  case  the  will  requests  that  he  be  appointed  without  bonds, 

the  order  may  be  that  letters  testamentary  issue  to  ,  tlie  person 

named  in  said  will,  without  bonds,  the  testator  having  so  directed  in  his 
will). 

No.  3987.    Certificate  Establishing  Lost  or  Destroyed  Will. 

[Title  of  Court  and  Estate.] 

Now,  on  this  day  of ,  19 — ,  the  petition  of to  establish 

as  the  last  will  and  testament  of  ,  deceased,  a  certain  lost  (or  de- 
stroyed) will  of  said  decedent,  and  it  appearing  that  said  died  on 

or  about  the  day  of  — — -,  19 — ,  at  the  county  of  ,  state 

of ,  and  was  at  the  time  of  his  death  a  resident  of  the county 

of  ,  state  of  ; 

That  in  his  lifetime  said  deceased  made  a  Avill,  which  was  in  exist- 
ence and  had  not  been  revoked  at  the  time  of  his  death  (or  was  fraudu- 
lently destroyed  in  his  lifetime)  by  one  ,  under  the  following  cir- 
cumstances (state  fully  as  can  be  done  all  facts  and  circumstances  of 
fraud  connected  with  such  destruction)  ;  that  said  petitioner is  in- 
terested in  the  estate  of  said  decedent,  being  a  legatee  under  said  lost 
(or  destroyed)  will ; 

That  the  provisions  of  said  will  were  clearly  and  distinctly  proved  by 
two  credible  witnesses,  to  wit,  • ■  and  ,  whose  testimony  was  re- 
duced to  writing,  signed  by  said  witnesses  respectively,  and  filed  herein ; 

Tliat  the  provisions  of  said  will  as  proved  by  said  witnesses  are  as 
follows : 

1.  Said  decedent  gave  and  bequeathed  all  of  the  community  property 
of  which  by  law  he  could  make  testamentary  disposition  to  his  two  cliil- 

dren,  and  ,  share  and  share  alike,  and  provided  in  said  will 

that  his  wife, ,  should  have  that  portion  of  the  community  property 

to  which  she  was  entitled  by  law,  to  wit,  one-half,  and  that  he  deemed 
that  said  half  of  said  community  property  would  be  a  sufficient  provi- 
sion for  her;  that  all  the  property  possessed  by  him  Avas  and  is  the 
community  property  of  himself  and  his  said  wife,  ; 

2.  He  appointed  his  said  wife  executrix  of  his  said  last  will  and 
testament ; 

That  said  will  was,  on  or  about  the day  of ,  19 — ,  duly  exe- 
cuted by  said ,  deceased,  in  his  lifetime,  in  the county  of , 

state  of  ,  in  the  presence  of  and  ,  the  subscribing  wit- 
nesses thereto;  that  decedent  acknowledijed  the  execution  of  the  same 
in  their  presence,  and  declared  it  to  be  his  last  will  and  testament,  and 


Fonu3988  Cowdeby's  Form  Book.  1290 

the  said  witnesses  attested  the  same  thing  at  his  request  and  in  his  pres- 
ence, by  subscribing  their  names  as  witnesses  thereto; 

That  said  decedent  at  the  time  of  executing  said  will  was  over  the 
age  of  eighteen  years,  was  of  sound  mind,  and  not  under  duress,  menace, 
or  undue  influence,  or  in  any  respect  incompetent  to  devise  and  bequeatli 
his  estate. 

In  witness  whereof,  I  have  granted  this  certificate  under  my  hand  and 

the  seal  of  the  court  this  day  of ,  19 — ,  and  have  caused  the 

same  to  be  attested  by  tlie  clerk  of  this  court. 

,  Judge  of  the  Court. 

[Seal]  Attest:     ,  Clerk. 

No.  3988.    Petition  for  Probate  of  Nuncupative  WilL 
[Title  of  Court.] 

In  the  Matter  of  the  Nuncupative  Will  of ,  Deceased. 

To  the  Honorable  Court  Aforesaid: 

The  petition  of ,  of  said  county  and  state,  respectfully  represents: 

Tliat  died  on  or  about  the  day  of  ,  19 — ,  and  that  at 

the  time  of  his  death  he  was  a  resident  of county,  California,  and 

left  therein  an  estate  of  personal  property. 

That  said  deceased  left  a  nuncupative  will;  that  more  than  ten  days 
have  elapsed  since  the  death  of  said  decedent;  that  six  months  have  not 
elapsed  since  the  testamentary  words  were  spoken  by  the  decedent;  that 
said  words,  or  the  substance  of  them,  were  reduced  to  writing  within 
eighteen  days  after  they  were  spoken,  which  writing  is  filed  herewith, 
and  that  the  estate  bequeathed  by  said  will  does  not  exceed  one  thousand 
dollars  in  value. 

That  said  will  was  made  while  said  decedent  was  doing  duty  on  board 

the  ship in  the  Pacific  Ocean,  and  while  he  was  in  actual  fear  and 

contemplation  of  immediate  death  from  sunstroke. 

That  your  petitioner  is  named  executrix  in  said  will,  and  consents  to 
act  as  such. 

That  the  names,  ages,  and  residences  of  the  heirs  of  said  decedent 
are  as  follows :  ,  his  widow,  aged years ;  and ,  his  daugh- 
ter, aged  years,  both  residing  at  ,  California.     That  the  only 

legatee  or  devisee  named  in  said  will  is  the  aforesaid  . 

That  the  only  estate  left  by  said  decedent  consists  of  . 

Wherefore  your  petitioner  praj's  that  said  will  be  admitted  to  pro- 
bate, and  that  letters  testamentary  thereon  be  issued  to  her. 

,  Petitioner. 

,  Attorney  for  Petitioner. 


WITHHOLD  NOTICE. 

Withhold  Notice,  No.  2505. 


1291  Writs.  Forms  iOOO,  40U1 


WRITS. 

4000.  Order  for  writ  of  assistance. 

4001.  Writ  of  assistance. 

4002.  Writ  of  restitution. 

4003.  Writ  of  possession. 

4004.  Writ  of  restitution — Nevada. 

CKOSS-REFERENCES. 

Peremptory  Writ  of  Mandamus,  No.   2590. 

"Writ"  of  Arrest  in  .Justice's  Court— Oregon,  No.  451, 

Writ  of  Attachment — Arizona,  No.  577. 

Writ  of  Attachment — California,  No.  575. 

Writ  of  Attachment — Hawaii,  No.  578. 

Writ  of  Attachment — Justice's  Court,  No.  576. 

Writ  of  Attachment — New  Mexico,  No.  579. 

Writ  of  Attachment — Oregon  and  Alaska,  No.  580. 

Writ  of  Attachment — Washington,  No.  581. 

Writ  of  Certiorari,  No.  860. 

Writ  of  Execution  on  Money  Judgment,  No.  1641, 

Writ  of  Garnishment — New' Mexico,  No.  607. 

■\Vrit  of  Habeas  Corpus,  No.  2043. 

Writ  of  Replevin — New  Mexico,  No.  905. 

No.  4000.     Order  for  Writ  of  Assistance. 
[Title  of  Court  and  Cause.] 

On  reading  and  filing  the  affidavit  of  ,  setting  forth  that  he  was 

the  purchaser  of  the  premises  described  in  the  complaint  herein;  tliat 
he  has  presented  to  the  defendant, ,  the  sheriff's  deed  for  said  prop- 
erty, and  demanded  possession  thereof,  and  that  said  defendant  has 
refused  to  deliver  to  him  possession  of  said  premises;  and  it  appearing 

that  due  notice  has  been  given  of  this  motion  to  ,  the  attorneys  of 

said  defendant : 

Now,  on  motion  of  ,  attorneys  of  said  ,  it  is  ordered  that  a 

writ  of  assistance  issue  to  the  sheriff  of  county,  to  put  the  said 

in  possession  of  the   said   premises,   and   him   in   the   possession 

thereof  from  time  to  time  to  maintain  and  defend. 

Dated  ,  19—. 

,  Judge. 

No.  4001.    Writ  of  Assistance. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of ,  to  the  Sheriff  of  the  County  of , 

Greeting. 
Whereas,  by  a  judgment  and  decree  of  this  court,  it  was,  among  other 
things,  adjudged  and  decreed  that  the  purchaser  at  the  sheriff's  sale  of 

the  premises  in  said  decree  described  as  follows,  to  wit,  ,  should, 

on  the  production  of  the  sheriff's  deed,  be  forthwith  put  into  possession 
of  the  above-described  premises; 


Form  4002  Cowdery  's  Form  Book.  1292 

And  whereas  said  sheriff  has  issued  to  the  purchaser  at  such  sale,  viz. 

,  his,  said  sheriff's,  deed  therefor,  which  said  land  and  premises 

are  now  in  possession  and  occupation  of  said  ; 

And  whereas,  by  an  order  of  this  court,  made  in  the  said  action  on 

the  day  of  ,  19—,  it  was  ordered  that  a  writ  of  assistance 

sliould  issue  to  you,  the  said  sheriff,  to  put  the  said  in  possession 

of  the  said  piece  or  parcel  of  land,  and  him  in  possession  thereof  from 
time  to  time  to  maintain  and  defend : 

Therefore  we  command  you  that  immediately  after  receiving  this  writ 
you  go  to,  and  enter  upon,  the  said  piece  or  parcel  of  land,  and  that  you 
eject  and  remove  therefrom  all  and  every  person  or  persons  holding  or 

detaining  the  same,  or  any  part  thereof,  against  the  said ,  and  that 

you  deliver  to  the  said  ,  or  his  assigns,  the  possession  of  the  said 

piece  or  parcel  of  land  without  delay;  and  him,  the  said  ,  in  such 

possession  thereof,  from  time  to  time,  maintain,  keep  and  defend,  or 
cause  to  be  kept,  maintained  and  defended,  according  to  the  tenor  and 
true  intent  of  the  said  decree  and  order  of  the  said  court. 

Witness  the  Honorable  ,  judge  of  the  court,  at  the  court- 

liouse,  in  the  county  of ,  and  the  seal  of  said court,  this  • 

day  of ,  19—. 

[Seal]  ,  Clerk  of  said  Court. 

NOTE.— The  petition  for  the  writ  should,  after  stating  the  facts  as  to 
the  issue  of  execution,  and  as  to  the  sale  thereon,  set  out  that  at  the  time 
of  said  sale  "the  defendant  was,  and  still  is,  in  possession  of  the  premises; 

that  on  the day  of  ,  19 — ,  and  at  divers  times  since,  the  petitioner 

exhibited  to  the  said  defendant  the  said  deed  of  conveyance,  and  demanded 
of  him  the  possession  of  said  premises;  but  that  the  said  defendant  has 
hitherto  refused,  and  does  still  absolutely  refuse,  to  deliver  the  same  to  your 
petitioner.  Wherefore  petitioner  prays,"  etc.  And  good  practice  requires 
that  notice  of  the  application  for  the  writ  should  be  given  in  all  cases. 

No.  4002.    Writ  of  Restitution. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California,  to  the  Sheriff  of  the  City  and 
County  of  San  Francisco,  Greeting: 
Whereas,  on  the  eleventh  day  of  January,  1916,  T.  J.,  plaintiff,  re- 
covered a  judgment  in  the  said  superior  court  of  the  city  and  county 
of  San  Francisco,  against  P.  McC.  for  the  restitution  of  certain  prem- 
ises in  said  judgment  and  hereinafter  described,  and  also  for  the  sum 
of  two  hundred  and  forty  dollars,  treble  rents  for  the  detention  of  said 
premises,  one  hundred  dollars  damages,  and  sixteen  dollars  costs  of  suit, 
as  appears  to  us  of  record,  and  which  judgment  was  docketed  in  the 
clerk's  office  of  said  court  on  the  twelfth  day  of  January,  1916  [or  that 
"a  transcript  of  the  docket  of  said  judgment  was  filed  in  the  office  of 
the  county  recorder  of  the  county  of  Alameda,  on  the  fourteenth  day 
of  January,  1916"]: 


1293  Writs.  Form  4003 

Now,  therefore,  you  the  said  sheriff,  are  hereby  commauded  to  deliver 
to  the  said  T.  J.  the  possession  of  the  lands  and  premises  in  said  judg- 
ment, described  as  follows:   [Description.] 

And  wliereas,  the  sum  of  two  hundred  and  forty  dollars  treble  rents, 
one  hundred  dollars  damages,  and  sixteen  dollars  costs,  are  now,  at  the 
date  of  this  writ,  due  on  said  judgment,  you  the  said  sheriff,  are  hereby 
further  required  to  satisfy  said  judgment,  and  all  accruing  costs,  out 
of  the  personal  property  of  said  judgment  debtor,  P.  McC. ;  or,  if  suffi- 
cient personal  property  of  said  debtor  cannot  be  found,  then  out  of  the 
real  property  in  your  coimty  belonging  to  him  on  tlie  day  whereon  said 
judgment  was  docketed  in  the  aforesaid  city  and  county,  or  at  an^'  time 
thereafter;  and  make  return  of  this  writ  within  twenty-five  days  after 
your  receipt  hereof,  with  what  you  have  done  indorsed  hereon. 

Witness  the  Honorable  ,  Judge  of  the  court,  at  the  court- 
house in  the  county  of and  the  seal  of  said  court,  this  

day  of ,  19 — . 

[Seal]  ,  Clerk  of  said  Court. 

NOTE. — In  California,  if  the  judgment  be  for  the  delivery  of  the  posses- 
sion of  real  or  personal  property,  it  must  require  the  sheriff  to  deliver  the 
possession  of  the  same,  describing  it,  to  the  party  entitled  thereto,  and  may. 
at  the  same  time,  require  the  sheriff  to  satisfy  any  costs,  damages,  rents 
or  profits,  recovered  by  the  same  judgment,  out  of  the  personal  property  of 
the  person  against  whom  it  was  rendered,  and  the  value  of  the  property 
for  which  the  judgment  was  rendered  to  be  specified  therein  if  a  delivery 
thereof  cannot  be  had;  and  if  sufficient  personal  property  cannot  be  found, 
then  out  of  the  real  property,  as  provided  in  the  first  subdivision  of  this 
section:  California,  Code  Civ.  Proc,  sec.  682,  subd.  5. 

No.  4003.    Writ  of  Possession. 
[Title  of  Court  and  Cause.] 

The  People  of  the  State  of  California  to  the  Sheriff  of  the  County  of 
Marin,  Greeting: 

Whereas,  on  the  twenty-fifth  day  of  April,  1916,  J.  D.,  as  plaintiff, 
recovered  a  judgment  and  decree  in  the  said  superior  court  of  the  county 
of  Marin,  state  of  California,  against  R.  R.  as  defendant,  for  the  pos- 
session of  certain  premises  in  said  judgment  and  decree,  and  hereinafter 
more  particularly  described,  and  also  for  the  sum  of  $540  damages  for 
the  detention  of  said  premises,  besides  the  sum  of  $76.25  costs  of  suit, 
as  aj^pears  to  us  of  record ; 

And  whereas,  the  judgment-roll  in  the  action  in  wliieh  said  judgment 
was  entered  is  filed  in  the  clerk's  office  of  said  court,  in  the  county  of 
Marin,  and  the  said  judgment  was  docketed  in  said  clerk's  office,  in  the 
said  county,  on  the  day  and  year  first  above  v/ritten: 

Now,  therefore,  you,  the  said  sheriff,  are  hereby  commanded  and  re- 
quired to  deliver  to  the  said  plaintiff  J.  D.  the  possession  of  the  lands 
and  premises  in  said  judgment  and  decree  described,  as  follows,  to  wit: 
[Description.] 


Form  4004  Cowdery's  Form  Book.  1294 

And  whereas,  the  sums  of  $540  damages  and  $76.25  costs  are  now  (at 
the  date  of  this  writ)  actually  due  on  said  judgment: 

You,  the  said  sheriff,  are  hereby  further  required  to  make  the  said 
sums  due  on  the  said  judgment,  for  damages  and  costs,  and  all  accruing 
costs,  to  satisfy  the  said  judgment,  out  of  the  personal  property  of  said 
judgment  debtor;  or,  if  sufficient  personal  property  of  said  debtor  can- 
not be  found,  then  out  of  the  real  property  in  your  county,  belonging 
to  him  on  the  day  whereon  said  judgment  was  docketed,  in  the  said 
county,  or  at  any  time  thereafter;  and  make  return  of  this  writ  within 
thirty  days  after  your  receipt  thereof,  with  what  you  have  done  indorsed 
hereon. 

Witness  the  Honorable  ,  judge  of  the  court  at  the  court- 
house in  the  county  of ,  and  the  seal  of  said  court  this  

day  of ,  19—. 

[Seal]  >  Clerk  of  said  Court. 

NOTE.— California,  Code  Civ.  Proc,  oec.  380. 

No.  4004.    Writ  of  Restitution— Nevada. 

[Title  of  Court  and  Cause.] 

The  State  of  to  the  Sheriff  or  Constable  of  the  County  of  , 

Greeting. 

Whereas ,  of  the  county  of ,  at  a  court  of  inquiry  of  an  un- 
lawful holding  over  of  lands,  tenements,  and  other  possessions,  held  at 

my  office,  at ,  in  the  county  aforesaid,  on  the day  of ,  19 — , 

before  me,  a  justice  of  the  peace  for  the  county  aforesaid,  by  the  con- 
sideration of  the  court,  has  recovered  judgment  against  to  have 

restitution  of  : 

You  are  therefore  commanded  that,  taking  with  you  the  force  of  the 

county  if  necessary,  you  cause  the  said to  be  immediately  removed 

from  the  aforesaid  premises,  and  the  said to  have  peaceable  resti- 
tution of  the  same ;  and  you  are  also  commanded  that  of  the  goods  and 

chattels  of  the  said ,  within  said  county,  you  cause  to  be  made  the 

g^jn  of  dollars   ($- )   for  the  said  plaintiif,  together  vnth  the 

costs  of  suit  indorsed  hereon,  and  make  return  hereof  within  thirty  days 
from  this  date. 

Given  under  my  hand  this  day  of  ,  19 — . 

,  Justice  of  the  Peace. 

NOTE. — See  Nev.  Eev.  Laws  1912,  lec.  5fi05. 


INDEX. 

(1295) 


INDEX. 


ABANDONMENT. 

Abaudoiiineiit   of  homestead,  No.   2077, 

ABSENTEES.     See  Agent  for  Absentees. 

ABSTRACT. 

Abbtraet  of  judgment,  and  certificate — Justice's  court,  No.  2258. 

ACCORD  AND  SATISFACTION. 

Answer — Setting  up  accord  and  satisfaction  by  note,   No.   1. 
Answer — Setting  up  accord  and  satisiaction  by  deed,  No.  2. 

ACCOUNT.     See  Goods  Sold. 

Account  of  agent  for  absent  person  made  one  year  after  his  appoint- 
ment,   No.    291. 

Account  of  sale  of  real  estate  by  auctioneer — Eeturn  schedule  "D," 
No.  3097. 

Account  of  trustee  in  bankruptcy,  No.  687. 

ACCOUNTS  OF  EXE'CUTOES  AND  ADMINISTRATORS.     See   Executors 

and  Administrators. 
Account  and  report  of  administration — Another  form,  No.  19. 
Affidavit  to  account,  No.  16. 
Decree  of  seltlement  of  account,    No.    27. 

Decree  of  settlement  of  account   and   final   distribution,   No.   29. 
Decree  of  settlement  of  final  account,    No.    28. 
Executor's  or  administrator's  first  account,  No.  15. 
Notice  of  settlement  of  administratrix's  account,  No.  21. 
Objections  to  account,  No.  24. 
Order    adjudging     administrator    guilty    of    contempt   for    disobeying 

order  to   render   account,   No.   34. 
Ori]:r  aJlowing  debt  irregularly  paid,  No.  37. 
Order  appointing  referee  to  settle  account.  No.  25. 
Order  directing  further  notice  upon  soitlement  of  account,  No.  23. 
Order  directing  notice  of  settlement  of  account  to  be  given.  No.  22. 
Order  for  attachment  against  administrator  for  not  rendering  account. 

No.  33. 
Order  for   citation   to   administrator  requiring   him   to   render   exhibit. 

No.  14. 
Order  of  clerk  fixing  time  and  place  for  hearing  application  to  settle 

first  and  final  account  and  petition  for  final  distribution,  No.  20. 

Form  Book— 82  (1297) 


1298  Index. 

ACCOUNTS  OF  EXECUTORS  AND  ADMINISTRATORS  (Continued). 

Order  removing  administrator  after  contest  of  account,  No.  36. 

Order  revoking  letters  of  administrator  after  commitment  for  con- 
tempt for  failure  to  account,  No.  35. 

Petition  by  creditor  for  citation  to  administrator  to  account.  No.  30, 

Petition  for  order  requiring  administrator  to  render  exhibit,  No.  13. 

Petition  of  administrator  with  the  will  annexed  for  citation  ordering 
former  executor  to  account,  No.  32. 

Petition  that  court  may  order  administrator  to  render  an  account, 
No.  31. 

Report  of  administratrix  accompanying  account,  No.  18. 

Report  of  executor  accompanying  annual  account,  No.  17. 

Report  of  referee  of  account,  No.  26. 

ACCOUNT    STATED. 

Answer  setting  up  an  af count  stated,  No.  49. 
Complaint  on  account  stated,  No.  48. 

ACKNOWLEDGMENTS. 

Acknowledgment  before  United  States  consul,  No.  240. 

Acknowledgment  by  deputy  sheriff.  No.  1709. 

Acknowledgment  of  tenancy,  No.  2377. 

Alabama — Acknowledgment  by  wife  in  conveyance  of  husband's 
homestead,  No,  64. 

Alabama — General  form  of  acknowledgment,  No.  61. 

Alabama — Acknowledgment  by  corporation,  No.  62. 

Alabama — Proof  by  subscribing  witness.  No.  63. 

Alaska — Acknowledgment — General  form.  No.  64a. 

Arizona — Ordinary   acknowledgment.   No.   65. 

Arkansas — General  form  of  acknowledgment,  No.  66, 

Arkansas — Proof  of  deed  by  subscribing  witness.  No,  67. 

Arkansas — Proof  of  handwriting  of  grantor  and  subscribing  witness, 
No.  68. 

California — Acknowledgment  before  county  clerk  by  attorney  in  fact, 
No.  77. 

California — Acknowledgment  before  county  clerk  by  subscribing  wit- 
ness. No.  78. 

California — Acknowledgment  before  county  clerk — General,    No,    76. 

California — Acknowledgment  before  county  recorder — General,   No.    79. 

California — Acknowledgment  before  county  recorder  by  subscribing 
witness.  No.   80. 

California — Acknowledgment  before  county  recorder  by  attorney  in 
fact,  No.  81, 

California — Acknowledgment  before  justice  of  the  peace  by  attorney 
in   fact.   No,   86. 

California — Acknowledgment  before  justice  of  the  peace  by  subscrib- 
ing witness,  No,  85. 


Index.  1299 

ACKNOWLEDGMENTS  (Continued).  ^      v     v     -i 

California-Acknowledgment   before   justice   of   the  peace   by   husband 

and   wife,   No.   82. 
California— Acknowledgment    before    justice    of    the     peace— Uenerai, 

No.  83. 

California— Acknowledgment  by  a  trnstee,  No.  92. 

California— Acknowledgment  by  an  administrator,    No.    90. 

California— Acknowledgment  by  an  executor,   No.    91. 

California— Acknowledgment  by  attorney    in    fact,    No.    96. 

California— Acknowledgment  by    corporation,    No.    70. 

California— Acknowledgment  by  husband  and  wife,   No.    72. 

California— Acknowledgment  by  husband  and  wife   on   proof,  No.  73. 

California— Acknowledgment  by   wife.   No.   71. 

California— Acknowledgment  by  pri/soner    confined    in    state    peniten- 
tiary, No.  97. 

California— Acknowledgment  by  subscribing  witness,  No.  74. 

California— Acknowledgment  by   two   individuals,   No.   88. 

California-Acknowledgment  by  two  individuals,  one    known    and    one 

not  known  to  the  officer,  No.  89. 
California— Acknowledgment— General  form,  No.   69. 
Calilornia— Acknowledgment  when    party    proven,    No.    75. 
California— Proof  of  execution  by  subscribing  witness.  No.   93. 
California— Proof  of  execution  of   an  instrument  when  ail  the  parties 

and  subscribing  witnesses  are  dead.  No.  84. 
California— Proof  of  execution  of  instrument  by  handwriting  of  maker 

and  subscribing  witness  where   parties   are   nonresident,  No.   87. 
California— Proof  of  execution  of    an    instrument    when    the   place    of 

the.  residence  of  the  parties  is  unknown,  No.  94. 
Certificate  of  officer's  authority.  No.  241. 

Colorado— Acknowledgment— General    form.    No.    98.  _ 

Colorado-Acknowledgment    by    married   woman    when    homestead    in- 
volved, No.  99. 
Colorado— Acknowledgment  of  chattel  mortgage.  No.  100. 
Colorado-Proof   of   the    execution   of   instrument   by    subscribing   wit- 
ness where  witness  is  known  to  officer.  No.  101. 
Colorado— Proof    of    execution    of    instrument   by    subscribing    witness 

(acknowledgment  to  witness).   No.   102. 
Colorado— Proof   of  execution  of    instrument  by    subscribing    witness 

(witness  proved  to  be  a  subscribing  witness).  No.  103. 
Connecticut— Acknowledgment— General  form.   No.   104. 
Connecticut— Acknowledgment  by  corporation,  No.   lOo. 
Delaware— Acknowledgment  by   corporation,   No.   108. 
Delaware— Acknowledgment  by  husband  and  wife,  No.  107. 
Delaware— Acknowledgment  by  single   person,    No.    106. 
District  of  Columbia— Acknowledgment  by  husband  and  wife,  No.  110. 
District    of    Columbia— Acknowledgment-General    form    of    certificate, 
No.  109. 


1300  Index. 

ACKNOWLEDGMENTS  (Continued). 

Florida — Acknowledgment — General   form,   No.   111. 

Florida — Acknowledgment  by  husband  and  wile  to   deed  relinquishing 

dower,  taken  out  of  state,  No.  112. 
Florida — Acknowledgment — Proof   by  subscribing  witness,   No.   114. 
Florida — Acknowledgment  to  wife's  separate  deed,  relinquishing  dower, 

taken   out   of  Florida,   No.   113. 
Georgia — Acknowledgment,   No.    115. 
Georgia — Acknowledgment  of  married  woman,  No.  116. 
Georgia — Proof  of  subscribing  witness.  No.  117. 
Hawaii — Acknowledgment — General  form.  No.  118. 
Hawaii — Acknowledgment  by  attorney  in  fact,  No.   121. 
Hawaii — Acknowledgment   by    corporation    or   joint    stock     association 

having  no  corporate  seal,  No.  119. 
Hawaii — Acknowledgment    by    corporation    or   joint   stock    association, 

No.  120. 
Idaho — Acknowledgment — Ordinary  form,  No.  122. 
Idaho — Acknowledgment  by  attorney  in  fact.  No.   123. 
Idaho — Acknowledgment  by  corporation.  No.  125. 
Idaho — Acknowledgment  by  married  woman,  No.  124. 
Illinois — Acknowledgment  by  corporation,   No.   128. 
Illinois — Acknowledgment  by  husband   and   wife.    No.    127. 
Illinois — Acknowledgment  by  single   person,   No.  126. 
Illinois — ^Proof  by  subscribing  witness,  No.  129. 
Illinois — Proof   when    the   grantor   and   subscribing   witness   are   dead, 

or  cannot  be  produced,  No.  130. 
Indiana — Acknowledgment — General    form.    No.    131. 
Iowa — Acknowledgment — General  form.  No.   132. 

Iowa — Acknowledgment  by  attorney  in  fact,  or  corporation,  No.  133. 
Kansas — Acknowledgment  by  husband  and  wife.  No.  134. 
Kentucky — Acknowledgment  by  husband  and  wife.  No.  136. 
Kentucky — Certificate   of   acknowledgment   by   corporation,    No.    137. 
Kentucky — Form  of  acknowledgment  out  of  the  state,  No.  135. 
Kentucky — Proof  by  subscribing  witnesses,  No.   138. 
Louisiana — Usual  form  of  aeknowledgment.  No.  139. 
Maine — Acknowledgment — General  form  for  use  out  of  state.  No.  140. 
Maine — Acknowledgment  by  attorney  in  fact.  No.  141. 
Maryland — Acknowledgment  by  a  corporation.  No.   145. 
Marylan.l — Acknowledgment  taken  out  of  the  state,  No.  144. 
Maryland — Acknowledgment  within  the  state,  No.    142. 
Maryland — Acknowledgment  within  the  state    of    husband    and     wife. 

No.  143. 
Massachusetts — Acknowledgment — General   form,   No.   146. 
Massachusetts — Acknowledgment  by  attorney  in  fact.  No.   147. 
Massachusetts — Acknowledgment  by  corporation    or    joint    stock    com 

pany,  No.  148. 
Michigan — Acknowledgment — General  form,  No.  149. 


Index.  1301 


ACKXOWI.'FTIGMENTS  (Continued). 

Michigan-Acknowlc.lgment   by   corporation,   No.   15U. 
Minnesota— Acknowledgment  by  attorney  in  fact,  No.  152 
Minnesota-Acknowledgment  by  corporation  or  joint  stock  companies, 

MinnTsotl-Acknowledgment    by     single    person    or    by     husband   and 

wife,  No.  151. 
Mississippi— Acknowledgment— General   form,   No.   154. 

Mississippi— Proof  by  subscribing  witness,  No.  loo. 
Missouri— Acknowledgment— General  form,  No.  156. 
Montana-Acknowledgment-General  form.  No.   15  <. 
Montana— Acknowledgment  by  attorney  in  fact,  No.  159. 
Montana-Acknowledgment  by  corporation,    No.    lo8. 
Nebraska-Acknowledgment  by  husband   and   wife,   No.    IbO. 
Nebraska— Acknowledgment  by  single   person.   No.   161. 
Nebraska— Proof  of  subscribing  witness.  No.  162. 
Nevada— Acknowledgment— General  form.   No.  163. 
Nevada— Acknowledgment  by  attorney  in  fact,  No.  167. 
Nevada— Acknowledgment  by  a  corporation,  No.  164. 
Nevada— Acknowledgment  by  husband  and  wife.   No.   165. 
Nevada-Acknowledgment  by  subscribing  witness.  No.  169. 
Nevada-Acknowledgment  when    grantor    is    unknown    to    officer,    No. 

168. 
Nevada— Proof  of  instruments,  No.  166. 
New  Hampshire-Acknowledgment-General  form,  No-   170 
New  Hampshire-Acknowledgment  by  husband  and  wife,  No.  171. 
New  Jersev— Acknowledgment— General  form.  No.   1/2. 
New  Jersey— Proof  by  subscribing  witness.  No.  173. 
New  Jersey— Proof  of  deed  by  corporation,  No.  174. 

New   Mexico— Acknowledgment-General   form.   No.   175. 

Now  Mexico-Acknowledgment  by  attorney  in  fact,  No.  176. 

New  Mexico-Acknowledgment  by  corporation  or  association.  No.  1/7. 

New  York— Acknowledgment  by  attorney  in  fact,  No.  181. 

New  York— Acknowledgment  by  corporation,  No.  178. 

Ne^v  York— Acknowledgment- General  form,  No.  179. 

New  York— Proof  by  subscribing  witness.  No.  182. 

New  York-Proof  of  deed  of  a  corporation  by  its  president  or  other 
oflacer,  No.  180. 

North  Carolina-Acknowledgment   by  grantor,   No.   184. 

North  Carolina-Acknowledgment  by   husband   and  wite,  No.   183^ 

North  Carolina-Proof    of    conveyance    by    a   corporation   execu  ed    by 
president   or   trustee    and   mo    other   members   of   the    corporation, 

No.  185. 
North  Dakota— Acknowledgment— General  form,  No.   186. 
North  Dakota-Acknowledgment  by  corporation,  No.  l^^. 
North  Dakota— Acknowledgment  by  attorney  in  fact,  No.  188. 
Ohio— Acknowledgment— General  form,  No.   189. 


1302  Index. 

ACKNOWLEDGMENTS  (Continued). 

Ohio — Acknowledgment  by  attorney  in  fact,  No.  191. 

Ohio — Acknowledgment  by  corporation,  No.   ISO. 

Oklahoma — Acknowledgment — General  form,  No.  192. 

Oklahoma — Acknowledgment  by  corporation.  No.  193. 

Oregon — Acknowledgm^-nt   by    attorney   in    fact   before   justice    of    the 

peace,  No.  195. 
Oregon— Acknowledgment  by  justice  of  the  peace— General  form,  No. 

194. 
Pennsylvania — Acknowledgment  by  husband  and  wife,  No.  197. 
Pennsylvania — Acknowledgment  of  corporation  by  attorney,  No.  200. 
Pennsylvania— Acknowledgment  of  individuals  (single  or  married),  No. 

196. 
Pennsylvania — Proof  by  subscribing  witness.   No.   199. 
Pennsylvania — Proof  of  deed  by  corporation,  No.  198. 
Rhode  Island — General  form,  No.  201. 
South  Carolina— Certificate  of  proof  by  subscribing  witness  to  deed  by 

a  corporation.  No.  204. 
South  Carolina — Proof  of  subscribing  witness.  No.  202. 
South  Carolina — Wife's   renunciation    of   dower.   No.   203. 
South  Dakota — Acknowledgment — General   form.   No.   205. 
South  Dakota— Acknowledgment  by  attorney  in  fact.  No.  207. 
South  Dakota — Acknowledgment  by  corporation,  No.  206. 
Tennessee — Acknowledgment  by  corporation.  No.  211. 
Tennessee — Acknowledgment  by  husband  and  wife.  No.  209. 
Tennessee — Acknowledgment  by  one  person,  married  or  single,  No.  208. 
Tennessee — Proof  by  subscribing  witness,  No.  210. 
Texas — Acknowledgment  by  corporation,  No.  216. 
Texas — Acknowledgment  by  husband  and  wite.   No.  214. 
Texas — Acknowledgment  of  married  woman.  No.  213. 
Texas — Acknowledgment — Ordinary   form,   No.   212. 
Texas — Certificate   of  proof  by  witness,  No.  215. 
Texas — Proof  by  subscribing  witness,  No.  217. 
Utah — Acknowledgment— General  form,  No.  218. 
Utah — Acknowledgment  by  corporation.  No.  220. 
Utah — Proof  by  subscribing  witness,  No.  219. 
Vermont — Acknowledgment — General  form,   No.   221. 
Vermont— Certificate    of     acknowledgment    of     deed    of   a     corporation, 

No.  222. 
Virginia — Acknowledgment — General   form,   No.    224. 
Virginia — Acknowledgment  by  commissioner.   No.    225, 
Virginia — Acknowledgment  by  corporation.   No.   226. 
Washington — Acknowledgment — General   form.   No.    227. 
Washington — Acknowledgment  by  corporation,  No.  228. 
West  Virginia — Acknowledgment — General  form.  No.  230. 
West  Virginia — Acknowledgment  by  corporation,  No.  233. 
West  Virginia — Acknowledgment  by  husband  and  wife.  No.   231. 


Fndex.  1303 

ACKNOWLEDGMENTS  (Continued). 

West  Virginia — Acknowledgmeut  by  wife  subsequent  to  husband, 
No.  232. 

Wisconsin — Arkuowledginent  by  corporation,    No.    235. 

Wisconsin — Acknowledgment  by  husband  and  wife,  No.  229. 

Wisconsin — AcknowLdgment  by  single   person,   No.  234. 

Wisconsin — Certificate  of  acknowleiigment  before  notary  public  by 
husband   and   wife,  No.   236. 

Wyoming— Acknowledgment — General  form,   No.   237. 

Wyoming — Acknowledgment  by  married  woman  where  right  of  home- 
stead ia  involved,  No.  239. 

Wyoming — Acknowledgment,  when  releasing  homestead,  No.  238. 

ADJUDICATION. 

Adjudication  of  bankruptcy,  No.  671. 
Adjudication  that  debtor  is  not  bankrupt,  No.  670. 

ADMINISTRATORS.     See  Executors  and  Administratora. 
Administrator's  deed,  No.  1467. 
Administrator's  lease,  No.  3023. 
Administrator's  mortgage.     See  Probate  Mortgage. 

ADMISSION. 

Admission  of  service  of  order  to  show  cause  on  sale  of  real  estate,  No. 
3079. 

ADMISSION  TO   PRACTICE'. 

Application  for  admission,  No.  245. 

Certificate  of  qualifications  after  examination,  No.  248. 

Certificate   of  qualification — Oath  of  attorney,  No.  247. 

Oath  of  attorney  at  law — Colorado,  No.  248. 

Oath  of  attorney  at  law — South  Dakota,  No.  249. 

ADOPTION. 

Agreement  to  adopt.  No.  253. 

Consent  to  adoption,  No.  251. 

Consent  to  adoption — Wyoming,  No.  252. 

Decree  of  adoption,  No.  255. 

Order  of  adoption,  No.  254. 

Petition  for  leave  to  adopt  minor.  No.  250. 

ADVERSE  CLAIMS.     See  Quiet  Title. 

Adverse  claim  on  application  for  mining  patent,  No.  2644., 

AFFIDAVITS. 

Affidavit — General,  No.  266. 

Affidavit,  annual,  by  corporation,  No.  1319. 


1304  Index. 

AFFIDAVITS  (Continued). 

Affidavit  by  attorney  of  service  by  mail.  No.  282. 

Affidavit  by  redemptioner.   No.   279. 

Affidavit  by  third  person  of  service  by  mail,  No.  283. 

Affidavit  constituting  articles  of  incorporation  of  church  or  society- 
Utah,    No.    1342. 

Affidavit  for  attachment,   No.   563. 

Affidavit  for  attachment  against  nonresident.  No.  564. 

Affidavit  for  attachment — Justice's   ccuri — New   Mcxieo,   No.   567. 

Affidavit  for  attachment — New   Mexico,   No.   5G6. 

Affidavit  for  attachment  when  plaintiff  has  lieu  upon  logs  and  timber 
for  labor  performed,  No.   2512. 

Affidavit  for  change  of  place  of  trial  on  ground  of  interest,  prejudice 
or  bias — Justice's  court,  No.  866d. 

Affidavit  for  change  of  place  of  trial  on  account  of  bias  or  prejudice  of 
citizens — Justice's  court,  No.  866b. 

Affidavit  for  change  of  place  of  trial  because  of  justice  being  a  wit- 
ness— Justice's  court,  No.  866c. 

Affidavit  of  merits  on  motion  for  cliangc  of  venue,  No.  866. 

Affidavit  for  continuance,   No.   1154. 

Affidavit  for  garnishmeni.   No.   601. 

Affidavit  for  order  for  nonresident  witness  to  attend.  No.  3436. 

Affidavit  for  order  of  arrest — Departing  to  defraud  cieuit  rs,  No.  434. 

Affidavit  for  order  of  arrest — Money  received  in  a  fiduciary  capacity, 
No.  435. 

Affidavit  for  order  of  arrest — Personal  proj^erty  unjustly  d.-taiued, 
No.  436. 

Affidavit  for  order  of  arrest — Fraud   in   contracting  debt,   No.   437. 

Affidavit  for  order  of  arrest  for  fraudulent  conceaha-nt  of  property, 
No.   438. 

Affidavit  for  order  shortening  time  for  examinatijn  of  wi(ne:3, 
No.   1540. 

Affidavit  for  publication  where  defendant  resides  out  of  Ihj  slate, 
No.  3574. 

Affidavit  for  relief  from  default,  No.  1502. 

Aflidavit  for  removal   of   executors   lor   mismanagement.   No.   1811. 

Affidavit  for  substitution  of  party,  No.  3500. 

Aflidavit  for  transfer  of   securities,  deposits,  etc..  No.   2] 30. 

Aflidavit  in  support  of  motion  for  new  trial  on  ground  of  abuse  of  dis- 
cretion by  court.  No.  2761. 

Aflidavit  to  account.  No.  16. 

Affidavit  of  administrator  to  inventory  and  appraisement,  No.   2197. 

Affidavit  of  American  manufacture   of   copyright  book.  No.   1259. 

Affidavit  of  annual   work   and   improvements.   No.   2624. 

Affidavit  of  appraisers  to  inventory  and  appraisement,  No.   2198. 

Affidavit  of  apprai^er8  to  their  bill  for  services.  No.  2200. 

Affidavit  of  auctioneer  on  return  of  sale  of  personal  estate.  No.  3109. 


Index,  1305 

AFFIDAVITS   (Continued). 

AflSdavit  of  auctioneer  on  return  of  sale  of  personal  property,  No.  3110. 
Affidavit   of   chairman   as  to   incorporation   of  joint   stock   company   or 

association — ^Colorado,  No.   1341. 
Affidavit  of  chairman  as  to  incorporation  of  society,  church  or  congre- 
gation— Colorado,  No.  1324. 
Affidavit    of    contempt    by    attorney   in   willfully    neglecting    his    duty, 

No.   1120. 
Affidavit  of  contempt  by  clerk  in  neglecting  to  enter  default,  No.  1115. 
Affidavit  of  contempt  by  disobedience  of  subpoena,  No.  1103. 
Affidavit    of    contempt    by   dissuading   witness    from    attending    court, 

No.   1119. 
Affidavit  of  contempt  by  member  of  jury  in  conversing  about  merits  of 

action.  No.  1105. 
Affidavit    of    contempt    by    person    assuming    to    be    attorney    without 

authority,  No.  1111. 
Affidavit   of   contempt   by   person  summoned   as  juror,   improperly   con- 
versing about  merits  of  action,  No.  1106. 
Affidavit  of  contempt  by  re-entry  into   real  property  after   ejectment. 

No.  1118. 
Affidavit  of  contempt  by  referee  in  neglecting  to  take  testimony,  No. 

1109. 
Affidavit  of  contempt  by  unlawful  interference  with  the  proceedings  of 

a  court,  No.  1107. 
Affidavit  of  contempt  for  refusing  permission  to  take  copy  of  account, 

No.  1110. 
Affidavit  of  contempt  in  abusing  process  of  court.  No.  1112. 
Affidavit   of  contempt  in   applying  for   order   after   refusal   thereof  by 

another  judge  of  same  court,  No.  1113. 
Affidavit  of  contempt  in  disobeying  mandate  of  court,  No.  1114. 
Affidavit  of  contempt  in  refusing  to  obey  order  of  court,  No.   1117. 
Affidavit  of  contempt  in  rescuing  a  person  in  the  custody  of  an  officer, 

No.   1108. 
Affidavit  of  contempt  in  unlawfully    detaining   witness,    No.    1104. 
Affidavit   of   contempt   in   willfully   neglecting   to   serve   subpoena.   No. 

1116. 
Affidavit  of  defendant  on  motion  for  alimony.  No.  1581. 
Affidavit  of  finder  of  lost  property.  No.  2556. 
Affidavit  of  five  hundred  dollars  improvements.  No.  2631. 
Affidavit  of  inability  to   give  security   for  costs — Kansas,   No.    1361. 
Affidavit  of  location  of  lode   claim — Idaho,  No.   2623. 
Affidavit  of  lo:-t  bill,  or  note  in  bankruptcy.  No.  704. 
Affidavit  of  mailing  copy   of   summons.   No.   3579. 
Affidavit  of  mailing  notice  of  probate  to  heirs.  No.  3961. 
Affidavit  of  mailing  notice  to  creditors,  No.  551. 
Affidavit  of  merits,   No.   280. 
<i,ffidavit  of  merits  on  motion  for  change  of  venue.  No.  866. 


1306  Index. 

AFFIDAVITS  (Continued). 

Affidavit  of  owner  to  notice  of  completion,  No.  2507. 

Affidavit  of  personal  service  on  heirs,  No.  3963. 

Affidavit  of  posting  any  notice,  No.  268. 

Affidavit  of  posting  notice  of  aj plication  for  letters  of  administration, 

No.  1752. 
Affidavit  of  posting  notice  of  sale  of  real  estate — Return  sehedule  "A," 

No.  3094. 
Affidavit  of  posting  notice  of  settlemi  nt  of  account,  No.  269. 
Affidavit  of  posting  xirobate  notice,   No.  267. 
Affidavit  of  publication,    No.   3580. 

AtRdavit  of  publication  of  notice  of  sale  of  personal  estate,  No.  3108. 
Affidavit  of  publication  of  notice  of  sale  of  real  estate — Return  sched- 
ule "B,"  No.  3095. 
Affidavit  of  publication  of  notice  of  probate  of  will,  No.  3962. 
Affidavit  of  publication  of  notice  to  creditors,  No.  2802. 
Affidavit  of  publication  of  notice  to  creditors  by  assignee.  No.  550. 
Affidavit  of  redemptioner,  No.  1954. 
Affidavit  of  residence  and  of  merits  for  change  of  place  of  trial.  No. 

864. 
Affidavit   of  sale   of   real   estate   at   public   sale — return    schedule   "C," 

No.  3096. 
Affidavit  of  service  of  notice  or  paper,  by  mail,  upon  attorney  whore 

office  address  is  known  but  whose  residence  is  unknown,  No.  274. 
Affidavit  of  service  of  notice  or  paper,  by  mail,  upon  attorney  whose 

office  address  is  unknown  but  whose  residence  is  known,  No.   275. 
Affidavit    of    service    of    notice    or    paper    upon    attorney,    absent    from 

office,  by  leaving  it  with  clerk  or  person  in  charge.  No.  271. 
Affidavit  of  service  of  notice  or  paper  upon  attorney,  neither  his  office 

address   nor  residence  being   known,   No.   276. 
Affidavit    of   servi:e   of   notice    or   paper   upon   attorney   or   party,    by 

delivery.    No.    270. 
Affidavit  of  service  of  notice  or  paper  upon   attorney  whose  office  is 

open  but  no  one  in.  No.  272. 
Affidavit  of  service   of  notice  or  paper  upon  attorney  whose   office  is 

not   open,   but    whose    residence   is   in    same    county   with   office, 

No.   273. 
Affidavit  of  service  of  notice  or  paper  upon  party  whose  residenco  is 

known.  No.   277. 
Affidavit  of  service  of  notice  or  paper  upon  party  whose  residence  is 

not   known.   No.    278. 
Affidavit  of  service  of  subpoena  in  civil  proceeding.  No.  3447. 
Affidnvit  of  service  of  subpoena  in  criminal  action,  No.  3448. 
Affidavit  of  service  of  summons.  No.  3552. 

Affidavit  of  sureties  on  bail  bond  in  San  Francisco,  No.  2288. 
Affidavit  of  sureties  on  official   bond.    No.   22S9. 
Affidavit  on  behalf  of  owner  to  notice  of  completion.  No.  2508. 


Index.  1307 

AFFIDAVITS  (Continued). 

Affidavit  on  claim  and  delivery  of  personal  property,  No.  884. 

Affidavit  on  motion  for  continuance  on  ground  of  surprise  by  forgod 
written  evidence,  No.  1155. 

Affidavit  on  motion  for  leave  to  file  supplemental  complaint,  No.  281. 

Affidavit  on  motion  to  modify  or  correct  an  award,  No.  407. 

Affidavit  on  motion  to  open  default,  No.  1501. 

Affidavit  on  motion  to  vacate  judgment  on  award.  No.  401. 

Atifi('avit  required  of  sole  trader.  No.  3373. 

Affidavit  that  arbitrators  have  not  made  their  award,  No.  416. 

Affidavit  that  defendant  is  concealing  himself  to  avoid  se  vice,  No. 
3578. 

Affidavit  that  guardian  refuses  to  properly  support  ward,  No.  2013. 

Affidavit  that  infant  is  imperiled,  with  request  that  guardian  be  ap- 
pointed. No.  2000. 

Affidavit  that  notice  of  filing  award  has  been  served.  No.  400. 

Affidavit  to  chattel  mortgage  on  behalf  of  corporation,  No.  2716. 

Affidavit  to  claim — Oregon,   No.   2520. 

Affidavit  to  claim  for   mechanic's  lien — Washington,   No.   2510. 

Atlidavit  to  claim  of  lien — Fishing  industry — Oregon,  No.  2517. 

Affidavit  to  claim  of  lien  for  propagating  animals.  No.  2515. 

Affidavit  to  claim  of  property  by  third  person,  No.  894. 

Affidavit  to  complaint  for  forcible  entry  and  detainer — New  Mexico, 
No.  1904. 

Affidavit  to  creditor's  claim,  No.  1386. 

Affidavit  to  creditor's  claim  by  person  representative  of  claimant.  No. 
1395. 

Affidavit  to  creditor's  claim  of  corporation  or  partnership,  No.  1387. 

Affidavit  to  inventory  of  assignor  for  benefit  of  creditors.  No.  546. 

Affidavit  to  obtain  order  for  examination  of  judgment  debtor  in  supple- 
mentary proceedings.  No.  3610. 

Affidavit  to  obtain  order  for  examination  of  debtor  of  judgment  debtor, 
or  of  his  bailee.  No.  3612. 

Affidavit  to  take  deposition  of  witness  within  state,  No.  1537. 

Affidavit  to  take  deposition  of  witness  out  of  state,  No,  1545. 

Affidavit  where  creditor  had  no  notice  by  reatou  of  absence  from  the 
state,  No.  1388. 

AGENT   FOE   ABSENTE'ES. 

Account  of  agent  for  absent  person  made  one  year  after  his  appoint- 
ment, No.  291. 
Bond  of  agent  for  absent  distributees.  No.  292. 
Certificate  entitling  claimant  to  money.  No.  297. 
Order   appointing  agent  to   take  possession   of  real   estate   for  benefit 

of  nonresident  distributee.  No.  290. 
Order  for  sale  of  personal  property,  No.  294. 
Order  to  sell  upon  the  settlement  of  account,  No.  295. 


1308  Index. 

AGENT  FOE  ABSENTE-ES  (Continued). 

Petition  by  agent  to  sell  property,  No.  293. 

Petition    of    claimant  for   money    depo::ited   in    the   state   treasury   by 
agent,  No.  296. 

AGREED  CASE. 

Submission  of  controversy  without  action,  No.  302. 

AGEEEMENT.     See  Contracts. 

Agreement  as  to  party  wall,  No.  2900. 

Agreement  for  conditional  sale  of  personal  property,  pric;^  payable  in 

installments,  No.  1198. 
Agreement  for  reference  of  claim.  No.  1389. 
Agreement  for  sale  of  real  property,  price  payable  in  installments,  No. 

1199. 
Agreement  of  publisher.  No.  2633. 

Agreement  of  special  submission  to  arbitration,  No.  391. 
Agreement  to  adopt,  No.  253. 
Agreement  to  arbitrate,  No.  393. 
Agreement  to  sell  and  buy  land,  No.  1189. 
Agreement  to  submit  controversy  to  arbitration  in  pending  action,  Nos. 

420,  421. 
Agreement  with  agent  or  broker  to  sell  land,  No.  1191. 
Agreement  with  agent  to  sell,  No.  1190. 

ALIAS   SUMMONS.     See  Summons. 

Alias  summons  in   action  to  foreclose  liens  on   chattels  or  trespassing 

animals — Justice's  court — North  Dakota,  No.  3554. 
Alias  summons — Justice's  court.  No.  3544. 

ALIENATION  OF  AFFECTIONS. 

Complaint  for  alienation  of  affections.  No.  313. 

ANIMALS. 

Complaint  for  injuries  caused  by  vicious  dog,  No.  SI."). 
Complaint  for  injuries  caused  by  trespassing  animals,  No.  316. 

ANSWER. 

Answer — Another  action  pending.  No.  336. 

Answer — Compromise  of  claim,  No.  337. 

Answer — Death  of  defendant.  No.  338. 

Answer — Denial  of  knowledge  to  form  belief.  No.  324. 

Answer — Former  judgment,  No.  327. 

Answer — Infancy  of  defendant.  No.   326. 

Answer — Infancy  of  plaintiif,  No.  325. 

Answer — Nonjoinder  of  coadministrator,  No.  329. 

Answer — Nonjoinder  of  owners  in  action  between  tenants.  No.  330 


LVDEX.  ^3(>9 

ANSWE"R  (Continued). 

Answer— Statute  of  frauds— Marriage,  No.  332. 

Answer— Statute  of  frauds— No  note  or  memorandum,  etc.,  No.  3.n. 

Answer— Statute  of  frauds— No  performance  within  a  year,  No.  333. 

Answer— Statute  of  limitations— In  general,  No.  334. 

Answer— Statute  of  limitations— Specific  section.  No.  :  35. 

Answer— Want  of  capacity— Plaintiff  an  alien  enemy,  No.  328. 

Answer  alleging  fraud  in  obtaining  judgment,  No.  2253. 

Answer  alleging  lien  on  goods  as  manufacturer,  etc..  No.  2522. 

Answer  alleging  lien  upon  goods  for  storage,  No.  2523. 

Answer  alleging  marriage  of  plaintiff,  No.  2602. 

Answer  alleging  marriage  of  defendant,  No.  2603. 

Answer  alleging  marriage  of  defendant,  No.  2C04. 

Answer  alleging  partnership  agreement,  No.  2889. 

Answer  alleging  payment,  No.  '-960. 

Answer  alleging  payment  by  bill,  No.  2961. 

Answer  alleging  payment  before  indorsement,  No.  2962. 

Answer  alleging  payment  by  note,  No.  2963. 

Answer  alleging  payment  in  services,  No.  2964. 

Answer  alleging  payment  and  tender  of  balance,  No.  2965. 

Answer  alleging  release  of  claim,  No.  3265. 

Answer  and  demurrer  to.  citation  to  savings  bank,  No.  871. 

Answer  denying  assignment  of  judgment,  No.  2252. 

Answer  denying  breach  of  covenant,  No.  1475. 

Answer  denying  execution  of  mortgage  by  codefendant,  No.  2724. 

Answer  denying  offer  to  perform  charter-party,  No.  1202. 

Answer  denying  siibscription  for  stock,  No.  1344. 

Answer  in  ejectment  alleging  title  in  stranger,  No.  1604. 

Answer   in    ejectment-Denial    that   plaintiff   has   been    damaged,    No. 

1605. 
Answer  in  quo  warranto,  No.  3201. 

Answer  justifying  arrest  on  criminal   process,   No.   2583. 
Answer  justifying  arrest  on  suspicion.  No.  2582. 
Answer— Justifying  trespass,  No.  3672. 
Answer  of  arbitration  and  award,  No.  418. 

Answer  of  justification  of  publication  of  libel-Truth,  No.  24S5. 
Answer  of  justification  of  publication  of  libel  and  mitigating  C'-.um- 

stances,  No.  2486. 
Answer  of  justification  of  publication  of  libel,  No.  2187. 
Answer  of  pavment  of  note  in  services.  No.  3143. 
Answer  setting  up  accord  and  satisfaction  by  note,  No.  1. 
Answer  setting  up  accord  and  satisfaction  by  deed,   No.   2. 
Answer  setting  up  an  account  stated.  No.  49. 
Answer  setting  up  satisfaction  by  codefendant,  No.  3266. 
Answer  that  note  was  procured  by  fraud,  No.  3144. 
Answer  that  notice  of  dishonor  was  not  given.  No.  3145. 
Answer  to  complaint  in  claim  and  delivery.  No.  883. 


1310  Index. 

ANSWER  (Continued). 

Answer  to  complaint  in  forcible  entry,  No.  1908. 

Answer  to  formal  complaint  before  railroad  commission,  No.  3207. 

Answer  to  opposition  to  probate,  No.  3977. 

Counterclaim,  No.  339. 

APPEAL. 

Appeal  bond — ^Justice's  court — Colorado,  No.  367. 

Bond  for  costs  on  appeal.  No.  358. 

Bond  on  appeal  from  judgment  directing  delivery  of  documents  or  per- 
sonal property.  No.  356. 

Bond  on  appeal  from  judgment  for  the  recovery  of  real  property,  No. 
357. 

Bond  on  appeal  from  money  judgment,  No.  355. 

Notice  by  clerk  of  filing  transcript  on  appeal,  No.  354. 

Notice  of  appeal — Alternative  method.  No.  352. 

Notice   of  appeal  by  defendant — Small  claims   court — Oregon,  No.  374. 

Notice  of  appeal  from  justice's  court  to  superior  court,  No.  359. 

Notice  of  appeal  to  district  court  of  appeal,  No.  351. 

Notice  of  appeal  to  supreme  court.  No.  350. 

Notice  to  county  clerk  to  prepare  papers  on  appeal,  No.  353. 

Undertaking  for  costs  on  appeal — ^Justice's  court  to  superior  court,  No. 
360. 

Undertaking  on  appeal  concerning  real  property  and  money  damages, 
No.  372. 

Undertaking  on  Appeal  from  judgment  appointing  a  receiver.  No.  370. 

Undertaking  on  appeal  from  judgment  directing  delivery  of  possession 
of  real  property — Justice's  court  to  superior  court.  No.  363. 

Undertaking  on  appeal  from  judgment  directing  sale  of  personal  prop- 
erty upon  foreclosure  of  mortgage  thereon,  No.  371. 

Undertaking  on  appeal  from  judgment  for  recovery  of,  or  to  foreclose 
a  lien  on,  specific  personal  property — Justice's  court  to  superior 
court,  No.  362. 

Undertaking  on  appeal  from  judgment  for  sale  of  mo.tgag  'd  premises 
and  payment  of  deficiency.  No.  373. 

Undertaking  on  appeal  from  judgment  of  fine  and  imprisonm;  nt — Jus- 
tice's court  to  superior  court.  No.  364. 

Undertaking  on  appeal  from  judgment  of  imprisonment — Justice's  court 
to  superior  court.  No.  365. 

Undertaking  on  appeal  from  justice's  court  in  criminal  case — Wyoming, 
No.  368. 

Undertaking  on  appeal  from  money  judgment — Justice's  court  to  su- 
perior court,  No.  361. 

Undertaking  on  appeal — Unlawful  detainer — Justice's  court  to  superior 

court,  No.  366. 
Waiver  of  appeal  and  motion  for  new  trial,  No.  369. 


Index.  1311 

appeaeance. 

Notice  of  appearance,  "No.  "80. 

APPLICATION.     See  Complamt;  Petition, 

Application  by  a  corpjiation  for  registration   of  trademark,  No.   3643. 

Application  by  a  firm  for  registration  of  tradeniark,  No.  3642. 

Application  for  appointment  as  guardian  ad  litem,  No.  2011. 

Application  for  appraisers  on  execution  against  homestead,  No.  208ii. 

Application  for  change  of  name,  Nos.  1300,  1301. 

Application  for  confirir.ation  of  composition.  No.  714. 

Application  for  copyright  by  citizen  or  resident  of  the  United  States, 
No.  1258. 

Application  for  mining  patent,  No.  2628. 

Application  for  registratio:i  of  trademark,  No.  3641. 

Application  for  subpoena  to  compel  a  subscribing  witness  to  attend  be- 
fore an  officer  to  prove  the  execution  of  a  conreyance,  No.  3452. 

Application  for  writ  of  certiorari,  No.  858. 

Application  of  creditors  for  executor  to  recover  property.  No.  1850. 

Application  of  husband  of  insane  wife  to  sell  homestead,  No.  2092. 

Application  to  United  States  survey  oi -general  for  survey  of  mining 
claim.  No.  2625. 

APPRAISEMENT.     See  Inventory  and  Appraisement. 

Appointment,  oath  and  report  of  appraisers,  No.  672. 
Appointment  of  trustee  by  creditors,  No.  682. 
Appointment  of  trustee  by  referee,  No.  683. 
Appraisement  of  lost  property.  No.  2557. 

ARBITRATION  AND  AWARD. 

Affidavit  on  motion  to  modify  or  correct  an  award.  No.  407. 

Affidavit  on  motion  to  vacate  judgii:ent  on  award,  No.  401. 

Affidavit  that  arbitrators  have  not  made  their  award,  Nu.  416. 

Affidavit  that  notice  of  filing  award  Las  been  served.  No.  400. 

Agreement,  by  partners,  to  arbitiate.  No.  390. 

Agreement  of  special  submission  to  arbitration.  No.  391. 

Agreement  to  arbitrate,  No.  393. 

Agreement  to  submit  controversy  to  arbitration  in  pending  action.  No. 

420. 
Agreement  to  submit  controversy  to  arbitration  in  pending  action,  No. 

421. 
Amendment  to  submission  to  arbitration  in  pending  action,  No.  423. 
Answer  of  arbitration  and  award,  No.  418. 
Arbitrator's  oath.  No.  396. 
Award,  No.  408. 
Award,  No.  409. 
Bond  on  arbitration,  No.  410. 


1312  Index. 

ARBTTEATION  AND  AWARD  (Continued). 

Complaint  in  action   to  recover  damages  for  revocation   of  submission 

to  arbitration,  No.  417. 
Condition  of  bond  on  special  submission.  No.  411. 
Notice  to  arbitrators  of  revocation  by  both  parties,  No.  412. 
Notice  to  arbitrators  of  their  appointment,  No.  394. 
Notice  of  filing  award  to  be  served  on  adverse  party,  No.  399. 
Notice  of  hearing  of  arbitration,  No.  395. 
Notice  of  motion  to  correct  award.  No.  402. 
Notice  of  motion  to  vacate  award.  No.  405. 
Notice  to  party  of  revocation,  No.  413. 
Oath  of  witness  before  arbitrators,  No.  397. 
Order  amending  award,  No.  404. 

Order  staying  entry  of  judgment  on  award,  No.  403. 
Order  vacating  award  and  ordering  a  rehearing.  No.  406. 
Release  made  in  pursuance  of  award,  No.  419. 
Report    as    to    disagreement    of    arbitrators    in    arbitration   in   pending 

action,  No.  422. 
Revocation  of  submission  by  one  party.  No.  415. 
Stipulation  revoking  submission.  No.  414. 
Submission  clause  in  contract.  No.  392. 
Subpoena  on  arbitration.  No  398. 

ARCHITECT'S  LIEN.     See  Lien. 

ARREST  AND  BAIL  IN  CIVIL  ACTIONS. 

Affidavit  for  order  of  arrest — Departing  to  defraud  creditors.  No.  434. 
Affidavit  for  order   of  arrest   for  fraudulent   concealment   of   property, 

No.  438. 
Affidavit  for  order  of  arrest — Fraud  in  contracting  debt,  No.  437. 
Affidavit  for  order  of  arrest — Money  received  in   a  fiduciary   capacity, 

No.  435. 
Affidavit  for  order  of  arrest — Personal  property  unjustly  detained,  No. 

436. 
Command  by  sureties  to  arrest  defendant.  No.  444. 
Indorsement  of  order  of  arrest — Justice's  court,  No.  442. 
judgment  by  justice  of  the  peace  when  defendant  is  subject  to  arrest 

No.  448. 
Notice  of  application  for  discharge  from  imprisonment,  No.  447. 
Notice  to  plaintiff  of  arrest — Justice's  court.  No.  445. 
Order  for  arrest.  No.  441. 
Eefurn    and   certificate    of    service    of    summons,    order    of    arrest,    and 

notice  to  plaintiff — Justice's  court.  No.  446. 
Return  of  summons  on  arrest,  No.  453. 

Undertaking  for  arrest  in  justice's  court — Oregon,  No.  449. 
Undertaking  for  arrest  in  justice's  court— Washington,  No.   450. 
Undertaking  for  order  of  arrest.  No.  440. 


Index.  Vil'3 

AEEEST  AND  BAIL  IN  CIVIL  ACTIONS  (Contiiiuod). 
Undertaking  on  part  of  defendant,  No.  443. 
"Warrant"  of  arrest  in  justice's  court— Washington,  No.  452. 
"Writ"  of  arrest  in  justice's  court — Oregon,  No.  451. 

AKREST  AND  BAIL  IN  CRIMINAL  ACTIONS. 
Bail  before  indictment  or  information,  No.  477. 
Bail  bond  on  indictment,  No.  483. 

Bail  upon  appeal— Undertaking— Oregon  and  Alaska,  No.  487. 
County  clerk's  certificate  as  to  official  character  of  magistrate^,  No.  46<3. 
Discharge  from  arrest  made  without  warrant— Oregcn,  No.  472. 
Forfeit  of  bail,  No.  486. 

Indorsement  of  service  on  warrant  of  arrest,  No.  468. 
Indorsement  on  warrant   of  arrest   for  service  in  another   county.  No. 

465. 
Order  for  defendant's  discharge  after  bail  given,  No.  484. 
Order   for   defendant's    discharge    after   bail   given   on    appeal— Oiegon 

and  Alaska,  No.  488. 
Order  forfeiting  bail  money,  No.  482. 

Order  of  discharge  after  bail  given— Alaska  and  Oregon,  No.  474. 
Order  of  discharge— To  be  indorsed  on  depositions  and  statement,  No. 

471. 
Order  to  answer  for  bailable  offense,  No.  475. 
Order  to  answer  when  bail  has  been  taken— To  be  indorsed  on  "com 

plaint,"  No.  473. 
Order  to  answer,  where  offense  is  not  bailable,  No.  476. 
Proof  of  magistrate's  handwriting,  No.  467. 
Undertaking   and   "security"    for   j,ppeara:ice   of   material   witness,   No. 

479. 
Undertaking  hy  material  witness  to  appear,  No.  478. 
Undertaking  on  admission  to  bail— Justice's  court,  No.  480. 
Undertaking  on  admission  to  bail- Justice's  court— Ala.ska  and  Oregon, 

No.  481. 
Undertaking  of  bail  upon  recommitment,  No.  485. 
Warrant  of  arrest.  No.  463. 
Warrant  of  arrest— Hawaii,  No.  464. 
Warrant  of  arrest— Justice's  court,  No.  469. 
Warrant  of  arrest— Justice's  court— Washington,  No.  470. 

ARTICLES. 

Articles  of  copartnership.  No.  2880. 

Articles  of  copartnership  between  merchants.  No.  2881. 
Articles  of  incorporation,  No.  1292. 
Articles  of  incorporation  of  church,  Nos.  1294,  1?28. 
Articles  of  incorporation  of  railroad  company,  No.  1293. 
Form  Book — 83 


1314  Index. 

ASSAULT. 

Complaint — Assault  by  means  and  force  likely  to  produce  great  bodily 

iujury — Justice's  court,  No.  1049. 
Complaint — Assault  to  murder,  No.  1037. 
Complaint — Assault  with  a  deadly  weapon,  No.  1035. 
Complaint — Assault  with  a  deadly  weapon — Justice's  court,  No.  1048. 
Complaint — Assault  with  attempt  to   commit  robbery — Justice's   court, 

No.  1051. 
Complaint — Assault  with  intent  to  commit  murder — Justice's  court,  No. 

1050. 
Complaint — Simple  assault — Justice's  court,  No.  1001. 
Information  for  assault  with  a  deadly  weapon,  No.  2120. 
Indictment  for  assault  with  intent  to  kill — Oregon,  No.  2119. 

ASSESSMENT. 

Assessment  notice,  No.  1313. 

ASSIGNMENT. 

Assignment  annexed  to  instrument.  No.  499. 

Assignment  by  corporation.  No.  525. 

Afisignment  indorsed  on  mortgage.  No.  519. 

Assignment  indorsed  upon  an  instrument — Short  form,  No.  500. 

Assignment  of  account,  No.  510. 

Assignment  of  account  indorsed  thereon.  No.  511. 

Assignment  of  a  patent — Long  form.  No.  2939. 

Assignment  of  bond.  No.  501. 

Assignment  of  bond  and  mortgage,  No.  520. 

Assignment  of  contract  for  sale  of  land.  No.  526. 

Assignment  of  contract  for  sale  of  real  estate,  No.  515. 

Assignment  of  copyright  to  book.  No.  1260. 

Assignment  of  debt.  No.  503. 

Assignment  of  entire  interest  in  an  invention  before  the  issue  of  let- 
ters patent.  No.  2933. 

Assignment  of  entire  interest  in  letters  patent,  No.  2934. 

Assignment  of  goodwill  and  book  debts  of  business  upon  sale  thereof. 
No.  523. 

Assignment  of  judgment,  No.  521. 

Assignment  of  judgment — Another   form,   No.   522. 

Assigument  of  judgment — Justice's  court.  No.  528. 

Assignment  of  lease,  No.  513. 

Assignment  of  lease  by  indorsement.  No.  514. 

Assignment  of  mortgage,  No.  516. 

Assignm.ent  of  mortgage  as  collateral  security,  No.  527. 

Assignment  of  mortgage  (Statutory) — South  Dakota,  No.  517. 

Assignment  of  mortgage  with  covenant  of  ownership,  No.  518. 

Assignment  of  partnership  property  and  debts  by  one  party  to  another 
on  dissolution,  No.  2884. 


Ikdex.  1315 

ASSIGNMENT  (Continuod). 

Assignment  of  partnerhhip  property  to  one  partner  on  dissolution,  No. 

502. 
Assignment  of  personal  property — In  general,  No.  507. 
Assignment  of  policy  of  insurance,  No.  512. 
Assignment  of  seaman's  wages,  No.  50G. 
Assignment  of  stock,  No.  508. 
Assignment  of  stock — Another  form.  No.  509. 
Assignment  of  undivided  fractional  interest  in  an  invention  before  the 

issue  of  letters  patent.  No.  2940. 
Assignment    of    undivided    interest    in    letters    patent    and    estension 

thereof,  No.  2935. 
Complaint  by  assignee.  No.  529. 

Notice  by  assignee  of  assignment  of  debt.  No.  505. 
Notice  by  creditor  of  assignment  of  debt,  No.  504. 
Notice  of  assignment  of  legacy,  No.  524. 

ASSIGNMENTS  TOR  BENEFIT  OP  CREDITORS. 
Affidavit  of  mailing  notice  to  creditors.  No.  551. 
Affidavit  of  publication  of  notice  to  creditors.  No.  550. 
Affidavit  to  inventory  of  assignor  for  benefit  of  creditors,  No.  54^, 
Assignee's  bond,  No.  547. 
Assignee's  notice  to  creditors,  No.  549. 
Assignment  to  sheriff  for  benefit  of  creditors,  No.  541. 
Assignment  to  trustee  for  benefit  of  creditors.  No.  540. 
Complaint  by  assignee  for  benefit  of  creditors.  No.  552. 
Condition  of  assignee's  bond — Kansas,  No.  548. 

Inventory  to  bo  made  by  assignor  for  benefit  of  creditors.  No.  545. 
Notice  to  creditors,  by  sheriff,  to  meet  for  purpose  of  electing  assignee. 

No.  543. 
Published  notice  to  creditors  by  sheriff,  No.  544. 
Transfer  by  sheriff  to  assignee,  No.  542. 

ASSUMPSIT.     See  Services  Rendered. 

ATTACHMENT.     See  Execution. 

Affidavit  for  attar-hment,  No.  563. 

Affidavit  for  attachment  against  nonresident,  No.  564. 

Affidavit  for  attachment — Justice's  court — New  Mexico,  No.  567. 

Affidavit  for  attachment — New  Mexico,  No.  566. 

Affidavit  for  garnishment,  No.  601. 

Attachment — Affidavit  for,  against  nonresident  for  injury  to  property, 

No.  565. 
Attachment — Certificate  to  be  attached  to  writ  of,  where  served  out  of 

county,  No.  582. 
Attachment  for  defaulting  witness,  No.  1125. 
Attachment — Instructions  to  officer.  No.  585. 


1316  Index. 

ATTACHMENT  (Continued). 

Attachment — Officer's  return  of  lery  on  shares  in  corporation,  No.  591. 

Attachment — Officer's  return  of  levy  on  moneys  and  other  personal 
property,  No.  590. 

Bond  for  attachment — Arizona,  No.  572. 

Bond  for  attachment — Justice's  court— New  Mexico,  No.  574. 

Bond  for  attachment — New  Mexico,  No.  573. 

Bond  for  release  of  attached  property,  No.  593. 

Bond  in  garnishment,  No.  602. 

Bond  on  release  of  attachment — Colorado,  No.  595. 

Bond  on  release  of  attachment — Justice's  court — Nevada,  No.  598. 

Bond  to  prevent  levy  of  attachment — Nevada,  No.  oSi. 

Certificate  of  levy  of  attachment — Colorado,  No.  592. 

Complaint  by  sheriff  in  aid  of  attachment.  No.  618. 

Complaint  on  undertaking  on  attachment.  No.  619. 

Garnishment — Affidavit,  by  garnishee,  denying  liability,  No.  612. 

Garnishment — Affidavit,  by  garnishee,  for  discontinuance  as  to  him,  No. 
613. 

Garnishment — Certificate  by  garnishee,  No.  611. 

Garnishment — Citation  to  garnishee.  No.  610. 

Garnishment — Interrogatories,  answer  and  oath.  No.  614. 

Garnishment  summons — Colorado,  No.  603. 

Garnishment  summons — Justice's  court — North  Dakota,  No.  604. 

Garnishment  summons — ^Justice  of  the  peace- — Washington,  No.  606. 

Garnishment  summons — North  Dakota,  No.  605. 

Instructions  to  sheriff  to  release.  No.  621. 

Notice  of  attachment,  No.  586. 

Notice  of  attachment  by  publication — Wyoming,  No.  589. 

Notice  of  attachment  of  stocks  or  shares.  No.  587. 

Notice  to  sheriff  of  release  of  attachment.  No,  620. 

Release  of  real  property  from  attachment,  No.  600. 

Keturn  of  attachment  or  execution  showing  levy  on  credits,  etc. — Jus- 
tice's court.  No.  616. 

Return  on  attacliment  of  personalty — Justice's  court.  No.  615. 

Return  on  attachment,  or  execution  showing  levy  on  shares  in  corpo- 
ration— Justice's  court,  No.  617. 

Undertaking  for  attachment — Oregon,  No.  570. 

Undertaking  for  attacliment — Washington,  No.  571. 

Undertaking  for  release  or  discharge  of  attachment — Or-gnyi,  No.  598. 

Undertaking  for  release  or  discharge  of  attachment — Washingiou,  No. 
599. 

Undertaking  on  attachment — Cnlifornia,  No.   568. 

Undertaking  on  attachment — Justice's  court.   No.  569. 

Undertaking  on  release  of  attachment — Justice's  court.  No.  597. 

Undertaking  to  stay  levy  of  attachment,  No.  583. 

Writ  of  attachment — Arizona,  No.  577. 

Writ  of  attachment — California,  No.  575. 


Index.  13J7 

ATTACHMEXT  (Continued). 

Writ  of  attacliment — Hawaii,  No.  578. 

Writ  of  atlacliment — Justice's  court,  No.  576. 

Writ  of  attachment — New  Mexico,  No.  579. 

Writ  of  attachment — Oregon  and  Alaska,  No.  580. 

Writ  of  attachment — Washington,  No.  581. 

Writ  of  garnishment — Justice  of  the  peace — Washington.  No.  609. 

Writ  of  garnishment — New  Mexico,  No.  607. 

Writ  of  garnishment — Superior  court — Washington,  No.  608. 

ATTESTATION. 

Attestation   of  will — Acknowledged  by  testator  to  be  signed  by  him, 

No.  3890. 
Attestation  of  will,  signed  in  presence  of  witnesses,  No.  3888. 
Attestation  of  will  where  testator's  name  is  written  by  person  at  his 

request,  No.  38S9. 

ATTORNEY  AT  LAW.     See  Admission  to  Practice;  Powers  of  Attorney. 

AWARD.     See  Arbitration  and  Award. 
Award,  Nos.  408,  409. 


BAIL.     See  Arrest  and  Bail  in  Civil  Actions;  Arrest  and  Bail  in  Criminal 
Actions. 
Bail  bond  before  indictment,  No.  477. 
Bail  bond — U.  S.  Commissioner,  No.  801. 

BANKRUPTCY. 

Account  of  trustee.  No.  687. 

Adjudication  of  bankruptcy,  No.  671. 

Adjudication  that  debtor  is  not  bankrupt,  No.  670. 

Afladavit  of  lost  bill  or  note,  No.  704. 

Application  for  confirmation  of  composition,  No.  714. 

Appointment,  oath  and  report  of  appraisers,  No.  672. 

Appointment  of  trustee  by  creditors,  No.  682. 

Appointment  of  trustee  by  referee.  No.  683. 

Bankrupt's  petition  for  discbarge.  No.  717. 

Bond  of  petitioning  creditor,  No.  638. 

Bond  of  referee,  No.  675. 

Bond  of  trustee.  No.  684. 

Bond  to  marshal.  No.  639, 

Certificate  by  referee  to  judge.  No.  G78. 

Creditor's  petition,  No.  633. 

Debtor's  petition,  No.  631. 

Discharge  of  bankrupt.  No.  719. 

Examination  of  bankrupt  or  witness,  No.  697. 


1318  Index. 

BANKRUPTCY  (Continued). 

General  letter  of  attorney  in  fact  when  creditor  is  not  represented  by 

attorney  at  law.  No.  680. 
List   of  claims  and  dividends  to  be  recorded  by  referee  and  by  him 

delivered  to  trustee,  No.  694. 
List  of  debts  proved  at  first  meeting,  No.  679. 
Notice  of  dividend  in  bankruptcy,  No.  695. 
Notice  of  first  meeting  of  creditors,  No.  677. 
Notice  of  petition  for  removal  of  trustee,  No.  691, 
Notice  of  trustee  of  bis  appointment.  No.  685. 
Oath  to  final  account  of  trustee.  No.  688. 
Order  allowing  account  and  discharging  trustee,  No.  689. 
Order  confirming  composition.  No.  715. 
Order  expunging  claim,  No.  706. 
Order  for  choice  of  new  trustee,  No.  693. 
Order  for  examination  of  bankrupt.  No.  696. 
Order  for  jury  trial,  No.  636. 
Order  for  removal  of  trustee.  No.  692. 
Order  of  distribution  on  composition.  No.  716. 
Order  of  reference,  No,  673. 
Order  of  refeience  in  judge's  absence,  No.  674. 
Order  reducing  claim.  No.  705. 
Order  that  no  trustee  be  appointed.  No.  686. 
Order  to  show  cause  upon  creditor's  petition.  No.  634. 
Partnership's  petition.  No.  632. 
Petition  and  order  for  private  sale.  No.  711. 

Petition  and  order  for  redemption  of  property  from  lien,  No.  709. 
Petition  and  order  for  sale  by  auction  of  real  estate.  No.  708. 
Petition  and  order  for  sale  subject  to  lien.  No.  710. 
Petition  and  order  for  sale  of  perishable  property.  No.  712. 
Petition  for  meeting  to  consider  composition.  No.  713. 
Petition  for  removal  of  trustee.  No.  690. 
Proof  of  debt  by  agent  or  attorney,  No.  702. 
Proof  cf  debt  due  corporation,  No.  701. 
Proof  of  secured  debt,  No.  700. 
Proof  of  secured  debt  by  agent.  No.  703. 
Proof  of  unsecured  debt.  No.  699. 
Referee's  oath  of  office.  No.  676. 
Special  letter  of  attorney  in  fact,  No.  681. 
Special  warrant  to  marshal.  No.  637. 

Specification  of  grounds  of  opposition  to  bankrupt's  discharge.  No.  713. 
Subpoena  to  alleged  bankrupt.  No.  635. 
Summons  to  witness  in  bankruptcy.  No.  698. 
Trustee's  report  of  exempted  property,  No.  707. 

BATTERY. 

Complaint — Battery — .Justice's  court,  No.  985. 


Index.  1319 

BENCH  WARRANT.     See  Warrant. 

Bench  warrant  on  indictment  or  information,  No.  3850. 

BEQUEST.  See  Wills. 

Bequest  of  an  annuity  to  a  wife  during  widowhood,  No.  391.5. 

Bequest  of  jewels,  furniture,  etc.,  to  the  wife  of  the  testator,  No.  30 j 3. 

Bequest  of  one  dollar  to  an  imprudent  son,  No.  3907. 

Bequest  of  the  residue  of  the  testator's  estate.  No.  3917. 

BILLS.     See  Pledge;  Promissory  Note;  Protest. 
A  set  of  bills  of  exchange,  No.  73L 
Bank  chock.  No.  732. 
Bill  of  exchange,  No.  730. 

Complaint  by  acceptor,  without  funds,  against  drawer,  No.  735. 
Complaint  by  payee  against  drawer  of  bill  of  exchange.  No.  734. 
Draft,  No.  733. 

BILLS  OF  SALE. 

Bill  of  sale.  No.  746. 

Bill  of  sale  and  power  of  attorney  to  transfer  stock,  No.  751. 

Bill  of  sale — Another  form.  No.  748. 

Bill  of  sale— Simple  form.  No.  747. 

Bill  of  sale  of  ship  or  steamboat,  No.  750. 

Bill  of  sale,  with  warranty  of  title.  No.  749. 

BLUE  SKY  LAW. 

Appointment  of  commissioner  of  corporations  as  attorney  in  fact  upon 
whom  process  against  foreign  corporations  may  be  served,  No.  757. 
Broker's  agent's   application,   No.   755. 
Broker's  application — California  corporation.  No.  754. 
Broker's  application — Individual,  No.  753. 
Certificate  of  corporate  authority,  No.  756. 
Petition  for  leave  to  issue  securities,  No.  752. 

BONDS.     See  Official  Bonds. 

BONDS  AND  UNDERTAKINGS.     See  Undertakings. 
Bail  bond — United  States  commissioner,  No.  801. 
"Bail"  for  stay  of  execution — Wyoming,  No.  1676. 
Blasting  bond.  No.  804. 
Bond — Common  form.  No.   762. 
Bond  conditioned  if  interest  not  paid  within  a  certain  time  whole  sum 

due,  No.  764. 
Bond  for  attachment — Arizona,  No.  572. 

Bond  for  attachment — Justice's  Court — New  Mexico,  No.   574. 
Bond  for  attachment — New  Mexico,  No.  573. 
Bond  for  costs  by  nonresident — Colorado,  No.  1360. 


1320  Index. 

BONDS  AND  UNDERTAKINGS  (Continued). 

Bond  for  costs — Justice's   court — Oklahoma,   No.   1363. 

Bond  for  costs  on  appeal,  No.  358. 

Bond  for  deed,  No.  766. 

Bond  for  deed  of  mining  property,  No.  767. 

Bond  for  lost   instrunaent.   No.   805. 

Bond  for  payment  of  money,  No.  765. 

Bond  for  performance  of  covenants.  No.  780. 

Bond  for  performance — To  be  indorsed  on  contract,  No.  781. 

Bond  for  release  of  attached  property.  No.  593. 

Bond  for  stay  of  execution — Washington,   No.  1677. 

Bond  from  several  persons  for  several  sums.  No.  779. 

Bond  in  garnishment,  No.  602. 

Bond  of  administrator,  No.  1757. 

Bond  of  administrator  on  sale  of  real  estate,  No.  3087. 

Bond  of  counter-indemnity.  No.  802. 

Bond  of  guardian  on  qualifying.   No.   2008. 

Bond  of  guardian  on  sale  of  real  estate,  No.  2020. 

Bond  of  indemnity  for  loss  of  original  bill  of  lading,  No.  770. 

Bond  of  indemnity — Lost  stock.  No.  798. 

Bond  of  indemnity  to  surety,  No.  782. 

Bond  of  indemnity  to  surety — Another  form,  No.  783. 

Bond  of  indemnity  to  surety  on  appeal  bond.  No.  787. 

Bond  of  justice  of  the  peace — Washington,  No.  820. 

Bond  of   master    of    ship    to    deliver   up    ship   to    owners    on    demand, 

No.   791. 
Bond  of  petitioning  creditor,  No.  638. 
Bond  of  public  officer — Hawaii,  No.  822. 
Bond  of  referee.  No.  675. 
Bond  of  special  administrator.  No.  1746. 
Bond  of  treasurer  or  trustee.  No.  774. 
Bond  of  trustee,  No.  684. 

Bond  on  appeal  from  money  judgment,  No.  355. 

Bond  on  appeal  from  judgment  directing  delivery  of  documents  or  per- 
sonal property.  No.  356. 
Bond  on  appeal    from   judgment    for    the    recovery    of    real    property, 

No.  357. 
Bond  on  arbitration,  No.  410. 
Bond  on  injunction,  No.  2142. 

Bond  on  release  of  attachment — Colorado,  No.  595. 
Bond  on  release  of  attachment — Justice's   court — Nevada,   No.   596. 
Bond  that    person    will    convey    land    on    reaching    age    of    majority, 

No.  788. 
Bond  to  administrator  and  interested  person  upon  sale  of  contract  for 

purchase  of  lands.  No.  3088. 
Bond  to   convey   estate   at   future  time   free   from   encumbrances    and 
that  obligee  in  meantime  shall  receive  profits.  No.   792. 


Index.  1321 

BONDS  AND  UNDERTAKINGS  (Continued). 

Bond  to  indemnify  indorser  of  promissory  note,  No.  786. 

Bond  to  indemnify  person  against  damage  from  carrying  on  business 

in  his  name,  No.  789. 
Bond  to   keep   person   during  life,   No.   794. 
Bond  to  marshal.  No.  639. 

Bond  to  prevent  levy  of  attachment — Nevada,  No.  584. 
Bond  to  replace  stock  loaned,  No.  784. 
Bond  to   save   harmless   from   paying  rent   where   title   is   in   question, 

No.  785. 
Bond  to  third  person,  on  wife's  behalf,  by  husband,  that  he  will   not 

interfere  with  business  of  wife,  who  lives  separate  and  apart  from 

him,  No.  790. 
Bond  with  option  to  mature  in  case  of  default.  No.  763. 
Bond  with  warrant  of  attorney  to   confess  judgment.  No.   793. 
Bottomry  bond,  No.  775. 

Common  carrier's  general  indemnity  bond.  No.  807. 
Common-law  completion  bond — Public  work.  No.  797. 
Complaint  by  surety  against  principal,  No.  809. 
Condition  of  county  clerk's  bond — Kansas,  No.   814. 
Condition  of  county  treasurer's  bond — Colorado,  No.  812. 
Condition  of  oflScial  bond — Wyoming,  No.   819. 
Condition  of  sheriff's  bond — Colorado,  No.  813. 
Contractor's  bond — Public  works  of  United  States,  No.  795. 
County  treasurer's  oflScial  undertaking — Oregon,  No.  818. 
Fidelity  bond.  No.  772. 
Fidelity  bond— Clerk,  No.  771. 
Indemnity  bond  on  claim  and  delivery.  No.   800. 
Justification  of  sureties  on  official  bond — Hawaii,  No.  823. 
.Justification  of  sureties  on  state  or  county  bonds.  No.  811. 
Legatee's  bond.  No.   776. 

Material  and  labor  bond  on  public  work,  No.  790. 
Notary's  bond.  No.  773. 
Notice  by  surety  to  his  guarantors  to  defend  action  on  a  bond  signed 

by  surety  and  guarantor.  No.  808. 
Official  bond.  No.  768. 

Official  bond — Corporate  security.  No.  769. 
Official  bond  of  city  and  county  officers  of  Honolulu,  No.  821. 
Official  bond  of  county  treasurer,  No.  810. 
Official  undertaking   of   constable — Oregon,   No.    815. 
Official  undertaking  of  justice  of  the  peace — Oregon,  No.  816. 
Plumber's  bond — San  Francisco,  No.  799. 
Real  estate  broker's  bond,  No.  803. 
Reciprocal  demurrage  bond,  No.  806. 
Sheriff's  indemnity  bond  on  attachment,  No.  777. 
Sheriff's  indemnity  bond  on  execution.  No.  778. 
Sheriff's  official  undertaking — Oregon,  No.   817. 


1322  Index. 

BOTTOMRY. 

Bottomry  bond,  No.  775. 

BEEACH  OF  PROMISE. 

Complaint  for  breach  of  promise  of  marriage,  No.  824, 
Complaint  for  refusal  to  marry,  No.  825. 

BRIBEHY. 

Information  for  bribery,  No.  2108. 

BUILDER'S  CONTRACT. 

Builder's  contract.  No.  1184. 
Building  contract,  No.  1185. 
Building  contract,  No.  1186. 

BURGLARY. 

Complaint — Attempt  to  commit  burglary — Justice's  court,  No.  1047. 
Complaint — Burglary  in  the  first  degree.  No.  1039. 
Indictment  for  burglary,  No.  2122. 

BY-LAWS. 

By-laws  of  corporation,  No.  1322. 


CERTIFICATES.     See  Return. 

Certificate  as  to  amendment  of  articles — Washington,  No.  1327. 

Certificate  as  to  copy  of  docket  entry — Justice's  court,  Xo.  15&1. 

Certificate  as  to  official  character  of  magistrate.  No.  466. 

Certificate  by  garnishee,  No.  611. 

Certificate  of  agreement  of  association — Washington,  No.   1325. 

Certificate  of  authentication  by  clerk  of  court,  No.   844. 

Certificate  of  authority  of  notary  or  other  officer,  No.  841. 

Certificate  of  change   of   individual    doing   business    under    a    fictitious 

name,  No.  1880. 
Certificate  of  clerk  to  copy  of  minute  order,  No.  842. 
Certificate  of  clerk  to  paper  on  file,  No.  843. 
Certificate  of  conviction— Justice's  court— Washington,  No.  2233. 
Certificate  of  copartnership.  No.  2883a. 
Certificate  of  copartnership  transacting  business  under  fictitious  name. 

No.  1882. 
Certificate  of  county  clerk  that  person  issuing  writ  of  attachment  is 

a  justice  of  the  peace.  No.  856. 
Certificate  of  discharge  of  mortgage  or  deed  of  trust  release  (statutory) 

—Wyoming,  No.  3262. 
Certificate  of  election.  No.  848. 
Certificate  of  identity  of  claim,  No.  2627. 
Certificate  of  inheritance  tax  appraiser.  No.  2132. 


Index.  ^323 

CETITTFICATES  (Continuea). 

Certificate  of  legal  organization— Washington,  No.  1326, 

Certificate  of  levy  of  attachment— Colorado,  No.  592. 

Certificate  of  levy  of  execution— Colorado,  No.  1678. 

Certificate  of  marriage,  No.  850. 

Certificate  of  marriage — Another  form,   No.   851. 

Certificate  of  officer's  authority,  No.  241. 

Certificate  of  copartnership  transacting  business  under  fictitious  name. 

No.  1882. 
Certificate  of  person     transacting     business     under     fictitious     name, 

No.  1881. 
Certificate  of  posting  notice  of  application  for  mining  patent,  No.  2642. 
Certificate  of  presentation  of  creditor's  claim  by  notary  public,  No.  1392. 
Certificate  of  proof  of  lost  will.  No.  3970. 
Certificate  of  proof   of  will.  No.  39G8. 
Certificate  of    proof    of    will     and     of    facts     found— Another     form, 

No.  3969. 
Certificate  of  qualification  of  attorney  after  examination,  No.  246. 
Certificate  of  redemption,  Nos.  1712,   1961, 
Certificate  of  rejection  of  will.  No.  3971. 
Certificate  of  residence  of  partnership,  No.  2885. 
Certificate  of  residence  of  partnership,  No.  847. 
Certificate   of   sale   of   corporate    stock    ordered  by   court   to   be   sold. 

No.  1710. 
Certificate  of  sale  of  personal  property  on  execution,  No.  1708. 

Certificate  of  sale  of  real  property  on  execution.  No.  1707. 

Certificate  of  sale  on  foreclosure  by  commissioner  or  sheriff,  No.  1960. 

Certificate  of  secretary  on  application  for  dissolution.  No.  1334. 

Certificate  of  service  of  jurors.  No.  854. 

Certificate  of  service  of  subpoena  in  civil  proceeding.  No.  3449. 

Certificate  of  service  of  subpoena  in  criminal  action.  No.  3450. 

Certificate  on  motion  to  dismiss  appeal,  No.  855. 

Certificate  that  copy  of  judgment  is  correct.  No.  2227. 

Certificate  to  be  attached  to  summons  to  be  served  out  of  the  county- 
Justice's  court,  No.  3553. 

Certificate  to  be  attached  to  writ  of  attachment  where  served  out  of 
county — Justice's  court,  No.  582. 

Certificate  to  copy  of  decree.  No.  845. 

Certificate  to  copy  of  judgment.  No.  2223. 

Certificate  to  copy  of  judgment,  and  as  to  papers  constituting  judgment- 
roll.  No.  2224. 

Certificate    to    copy    of    judgment    of    imprisonment— Justice's    court, 

No.  2229. 
Certificate  to  copy  of  maritime  protest.  No.  3159. 
Certificate  to  judgment-roll.  No.  853. 
Certificate  to  papers  on  transfer  from  justice's  court  to  higher  court, 

No.  857. 


1324  Index, 

CETITIFICATES  (Continued). 

Certificate  to  signature  and  form  of  instrument,  No.  840. 
Certificate  to  signature,  No.  849, 
Certificate  to  transcript  on  appeal,  No.  852. 

CEETIORARI. 

Application  for  writ  of  certiorari,  No.  858. 
Order  for  writ  of  certiorari  to  issue.  No.  859. 
Writ  of  certiorari,  No.  860. 

CHANGE  OF  NAME.     See  Corporations;  Fictitious  Names. 

Order  to  show  cause  on  application  for  change  of  name.  No.  860a. 

CHANGE  OF  PLACE  OF  TRIAL. 

Affidavit  for  change  of  place  of  trial  because  of  justice  being  a  wit- 
ness— Justice's  court,  No.  866c. 

Affidavit  for  change  of  place  of  trial  on  account  of  bias  or  prejudice 
of  citizens — Justice's  court.  No.  866b. 

Affidavit  for  change  of  place  of  trial  on  ground  of  interest,  prejudice 
or  bias — Justice's  court,  No.  866d. 

Affidavit  for  change  of  venue.  No.  865. 

Affidavit  of  merits,  No.  866. 

Affidavit  of  residence  and  of  merits  for  change  of  place  of  trial,  No.  864. 

Demand  for  change  of  place  of  trial,  No.  863. 

Motion  for  change  of  place  of  trial,  No.  862. 

Notice  of  motion  for  change  of  place  of  trial.  No.  861, 

Notice  of  transfer,  and  of  time  and  place  of  trial,  No.  866i. 

Order  transferring  cause — Justice's  court,  No.  866h. 

Order  transferring  proceedings  back  to  original  court.  No.  866g. 

Order  transferring  proceedings  on  account  of  disqualification  of  judge, 
No.  866e. 

Petition  for  retransfer  of  proceedings,  No.  866f. 

Stipulation  transferring  case.  No.  866a. 

CHARITABLE  BEQUESTS.     See  Willa. 
Charitable  bequests,  No.  3914. 

CHARTER-PARTY. 

Charter  of  vessel  for  term,  No.  1200. 
Charter  of  vessel  for  voyage,  No.  1201. 

CHATTEL  MORTGAGE.     See  Foreclosure  of  Mortgages;  Mortgages. 
Chattel  mortgage — General  form.  No.  2715. 
Chattel  mortgage — North    Dakota,   Oklahoma    and   South    Dakota,  No. 

2721. 
Chattel  mortgage — Statutory  form — California,  No.  2717. 
Chattel  mortgage  to  secure  performance  of  lease.  No.  2719. 


Index.  1325 

CITATIONS. 

Answer  and  demurrer  to  citation  to  savings  bank,  No.  871. 

Citation  to  administrator  on  application  for  partial  distribution,  No.  1584. 

Citation  to  administrator  to  shov/  cause  why  he  should  not  give  further 
security,  No.  1792, 

Citation  to  administrator  to  show  cause  why  letters  should  not  be  re- 
voked, No.  1818. 

Citation  to  banker  to  appear  and  answer  as  to  unclaimed  deposit.  No. 
870. 

Citation  to  executor  on  petition  of  heir  for  partial  distribution,  No.  869, 

Citation  to  garnishee,  No.  610. 

Citation  to  show  cause,  No.  868. 

Citation  on  application  to  revoke  probate,  No.  3981. 

Order  for  citation  to  administrator  to  account,  No.  867. 

CLAIM.     See  Bankruptcy;   Creditors'   Claims. 

Claim   against  bond  given  on.  contract  for   public   work — Washington, 

No.  2511. 
Claim  for  mechanic's  lien — Washington,  No.  2509. 
Claim  of  lien.     See  Liens. 
Creditor's  claim — Contingent,  No.  1396. 
Laborer's  claim,  No.  2364. 
Statement  denying  claim  for  labor,  No.  2365. 
Statement  of  claims  presented,  No.  1393. 

CLAIM  AND  DELIVERY,     See  Replevin. 

AfSdavit  on  claim  and  delivery  of  personal  property.  No.  884. 

Affidavit   to   claim   of  property  by  third  person,   No.   894. 

Answer  to  complaint  in  claim  and  delivery.  No.  883, 

Complaint  in  claim  and  delivery.  No.  882. 

Complaint  on  undertaking  in  claim  and  delivery.  No.  908. 

Execution  for  the  delivery  of  property — Oregon,  No.  900. 

Judgment  for  damages  in  lieu  of  return  of  property,  Nos.  899,  2238. 

Judgment  for  possession  of  personal  property  and  damages,  No.  896. 

Judgment  for  return  of  property  to  defendant,  Nos.  898,  2237. 

Judgment  for  value  of  personal  property,  Nos.  897,  2236, 

Notice  of  exception  to  sufficiency  of  sureties.  No,  889. 

Officer's  return  of  property  delivered  to  plaintiff,  No.  890. 

Officer's  return  of  property  to  defendant.  No.  893. 

Order  for  delivery  of  property  to  plaintiff — Oregon,  No.  888. 

Requisition   to   return   property   to   defendant.   No.   891. 

Requisition  to  take  property  from  defendant,  No.  887. 

Replevin — Affidavit  before   clerk   of   district   court — New   Mexico,   No. 

902, 
Replevin — Affidavit  before  justice  of  the  peace — New  Mexico,  No.  901. 
Replevin — Bond  of  plaintiff  to  defendant — New  Mexico,  No.  903. 
Replevin — Bond  of  plaintiff  to  office — New  Mexico,  No.   904. 
Replevin — Order  for  delivery  of  property — Washington,  No.  907. 


1326  Index. 

CLAIM  AND  DELIVERY  (Continued). 

Eeplevin — Undertaking   for    delivery   of  property   to    plaintiff — Wash- 
ington, No.  906. 
Undertaking  for  delivery  of  property  to  plaintiff — Oregon,  No.  886. 
Undertaking  for  return  of  property  to  defendant,  No.  892. 
Undertaking  on  claim  and  delivery,  No.  885. 

Undertaking  to  indemnify  officer  against  claim  of  tMrd  person,  No.  895. 
Writ  of  replevin — New  Mexico,  No.  905. 

CODICILS.     See  Wills. 
Codicil,  No.  3920. 
Codicil  altering  the  will,  etc.,  with  proper  conclusion  and  attestation, 

No.  3923. 
Codicil — General  form  where  several  legacies  are  revoked,  No.  3925. 
Codicil,  holographic  or  witnessed,  indorsed  upon  the  back  of  a  will, 

No.  3921. 
Codicil  ratifying  the  will.  No,  3928, 

COMMISSIONER'S  DEED. 

Commissioner's  deed  on  foreclosure.  No.  1963. 

COMMISSIONS.     See  Depositions. 

Commission — Shorter  form,  No.  1548. 

Commission  to  take  testimony.  No.  1547. 

Order  for  commission  to  take  testimony.  No.  1546'. 

COMMITMENT. 

Commitment  for  examination — To  be  indorsed  on  warrant  of  arrest, 
No.  924. 

Commitment  for  examination — To  be  indorsed  on  warrant  of  arrest, 
No.  925. 

Commitment  on  order  holding  to  answer — ^Justice's  court.  No.  922. 

Commitment  to  answer,  No.  926. 

Commitment  to  answer — Arizona,  No.  927. 

Commitment  to   answer — Justice's   court — Oregon,  No.   929. 

Commitment  to  county  jail.  No.  923. 

Commitment  to  keep  the  peace — Oregon,  No.   920.  - 

Commitment  to  keep  the  peace — Oregon,  No.  2353. 

Commitment  to  prison — General,  No.  919. 

Commitment  to  prison,  No.  921. 

Commitment  where  justice,  on  the  trial,  finds  that  he  has  no  jurisdic- 
tion— Justice's   court — ^Washington,   No.   930. 

Mittimus — Hawaii,  No.  928. 

Warrant  of  commitment  on  failure  to  produce  will,  No.  395S. 

COMMON  CARRIER. 

General  indemnity  bond,  No.  807. 


Index. 


1327 


COMMON  BRUNKAED. 

Complaint-Common  drunkard-Justice's  court,  No.  986. 

COMPLAINTS— CIVIL. 

Complaint  against  a  county,  No.  955. 

Complaint  against  administrator  or  executor,  No.  184^ 

Complaint  against  borrower  for  money  loaned,  ^o.  2b80. 

Complaint  against  builder  for  special   damages  from  loss  of   rent.  No. 


1195. 


Complaint  against  carrier  to  replevin  goods.  No.  32S0. 

Complaint  against  corporation.  No.  1330.  ttroueh 

Complaint  against  municipal  corporation  for  damages  ansiBg  through 

negligent  control  of  water  supply,  No.  2741. 
Complaint  against  partners.  No.  2SS7. 
Complaint  against  sheriff  for  false  return,  No    3350. 
Complaint  against  sheriff  for  moneys  collected.  No.  3351 
Complaint -against  sheriff  for  neglecting  to  return  executxon.  No.  3oo-. 
Complaint  against  sheriff  for  not  executing  process.  No.  -ooo. 
Complaint  against   sole  trader.  No.   3374. 
clpl-"t     Against  telegraph  con,pany  for  negligence  rn  tra„s„„...ng 

C„n,pTar:gS:,t' wtter  company  for  negligence  in  permitting  water 

to  escape.  No.  2743. 
Complaint  against  witness  for  disobeying  subpoena.  No.  34ol. 
Complaint  and  notice-Justice's  court-Washrng_ton,  No.  3549. 
Complaint  before  railroad  commission.  No.  320o. 
Complaint  by  accepter,  without  funds,  against  drawer.  No.  735. 
Complaint  by  administrator,  No.  1848. 
Complaint  by  administrators  on  promissory  note,  No.  3138. 
Complaint  by  assignee,  No.  529. 

Complaint  by  assignee  for  benefit  of  creditors,  No.  552. 
ComplZt  by  buy?^  against  seller  for  not  delivering  merchandise.  No. 

Comjlafnt  by  contractor  for  extra  worlc  done  under  contract  modified. 

No.  1196. 
Complaint  by  corporation.  No.  1329. 
rnmnlaint  bv  corporation  for   subscription,  No.   16^6. 
CompSnt  by   creditor    against   stockholder   on   stockholder's   liabihtv, 


ComplL;  by  executor  for  citation  to  person  alleged  to  have  concealed 

or  embezzled  property.  No.  1812. 
Complaint  by  holder  against  indorser  and  -^l^^'  J^^'/Jf  " 
Complaint  by  infant,  suing  by  general  ^-;^?-;  ^^  2^^/25 
Complaint  by  infant,  suing  by  guardian  ad  litem,  No.  2025 
Complaint  by  payee  against  drawer  of  bill  of  exchange,  No.  734. 
Complaint  by  receiver  appointed  P^^^mg  suit.  No.  952. 
Complaint  by  seller  against  purchaser.  No.  l^W. 


1328  Index. 

COMPLAINTS— ;rVIL    Continued). 

Complaint  by  sheriff  in  aid  of  attachment,  No.  618. 

Complaint  by  surety   against  principal,   No.   809. 

Complaint  by  surviving  partner,  No.  2888. 

Complaint  by  tenant    against    third   person    for    destroying    pasturage, 

No.  3670. 
Complaint  containing  several  counts,  No.  951. 
Complaint  for  breach  of  contract  to  employ.  No.  1203. 
Complaint  for  breach  of  contract  to  manufacture,  No.  1204. 
Complaint  for  breach  of  contract  to  serve,  No.  1205. 
Complaint  for  breach  of  covenant  against  encumbrances,  No.  1473. 
Complaint  for  breach  of  covenant  of  quiet  enjoyment,   No.  2448. 
Complaint  for  breach  of  covenant  of  warranty.  No.  1474. 
Complaint  for  breach  of  promise  of  marriage,  No.  824. 
Complaint  for  breach  of  warranty  of  title,  No.  1476. 
Complaint  for  condemnation  of  land  by  corporation.   No.   1617. 
Complaint  for  conversion  of  personal  property,  No.  1247. 
Complaint  for  damages  for  erecting  a  nuisance,  No.  2S20. 
Complaint  for  damages   for   false  imprisonment.  No.   1862. 
Complaint  for  damages  for  injuries  received  on  an  elevator.  No.  2740. 
Complaint  for  damages  for  loss  of  pledge,  No.  2973. 
Complaint  for  damages  for  misrepresentations   as  to   mining  property, 

No.  1863. 
Complaint  for  divorce — Desertion,  No.  1577. 
Complaint  for  divorce — Habitual  intoxication,  No.  1578. 
Complaint  for  forcible  detainer,  No.  1900. 
Complaint  for  forcible  entry,  No.  1S98. 
Complaint  for  forcible  entry  and  detainer.  No.  1899. 
Complaint  for  forcible  entry  and  detainer — New  Mexico,  No.  1903. 
Complaint  for  fraudulent  representations  in  procuring  credit.  No.  1864. 
Complaint  for  goods  sold.  No.  1987. 
Complaint  for  hire  of  furniture.  No.  2449. 

Complaint  for  holding  over  after  expiration  of  term,  No.  3711. 
Complaint  for  holding  over  after  rent  due.  No.  3710. 
Complaint  for  injunction,  No.  2138. 
Complaint  for  injunction  to  restrain  defendants  from  flowing  water  on 

plaintiff's  land.   No.   2139. 
Complaint  for  libel  charging  crime,  words  not  libelous   on  their   face. 

No.   2481. 
Complaint  for  libel    charging   plaintiff   with    violating   trust    as   agent. 

No.   2480. 
Complaint  for  libel  indirectly  charging  perjury.  No.   2482. 
Complaint  for  libel  for  words  not  libelous  in  themselves,  No.  2483. 
Complaint  for  libel  for  words  spo'ccn  in  foreign  language,  No.  2484. 
Complaint  for  malicious  arrest.  No.  2581. 


Index. 


1329 


COMPLAINTS— CIVIL  (Continued). 

Complaint  for  malicious  prosecution— Opening  flume,  No.  2580. 

Complaint  for  money  had   and   received,  No.   2G66. 

Complaint  for  money  had  and  received,  No.  2667. 

Complaint  for  money  lent  by  plaintiff's  testator.  No.  2681. 

Complaint  for  money   paid  out,  No.   2693. 

Complaint  for  money  paid  to  third  party,  No.  2691. 

Complaint  for  negligence  leaving  pile  of  earth  in  highway,  No.  2742. 

Complaint  for  partition  of  land  held  in  common  with  estate,  No.  2861. 

Complaint  for  partition  of  real  property,  No.  2860. 

Complaint  for  refusal  to  marry.  No.  825. 

Complaint  for  rent  of  land— Justice's   court.  No.  2450. 

Complaint  for  repayment  of  deposit.  No.  1206. 

Complaint  for  repayment  of  money  paid  where  judgment  reversed.  No. 

2692 

Complaint  for  replevin  of  goods  in  the  hands  of  officer  levying  execu- 
tion, No.  3281. 

Complaint  for  search-warrant.  No,  3330. 

Complaint  for  services  of  minor  son,  No.  3?.42. 

Complaint  for  services  rendered  at  fixed  price.  No.  3341. 

Complaint  for  trespassing  cattle.  No.  3671. 

Complaint  for  work  done  and  materials  furnished.  No.  3340. 

Complaint  in  action  to  have  a  deed  absolute  declared  a  mortgage,  No. 

2722 
Complaint  in  action  to  recover  damages  for  revocation  of  submission 

to  arbitration.  No.  417. 
Complaint  in  claim  and  delivery,  No.  882. 
Complaint  in  ejectment  by  tenants  in  common  against  strangers,  No. 

1603. 
Complaint  in  ejectment— Fee  simple,  No.  1600. 
Complaint  in  ejectment— Prior  possession,  No.  1601. 
Complaint  in  intervention,  No.  2185. 
Complaint  in  quo  warranto.  No.   3200. 
Complaint  on  account   for   goods   sold,  No.   1986. 

Complaint  on  account  stated,  No.  48.  .  ,     f 

Complaint  on  bond  for  government  work  to  recover  for  materials  fur- 
nished to  the  contractor.  No.  1197. 

Complaint  on  bond  to  convey  land,  No.  1207. 

Complaint  on  endowment  policy,  No.  2169. 

Complaint  on  express  promise  to  pay  precedent  debt.  No.  956. 

Complaint  on  fire  insurance  policy,  No.   2170. 

Complaint  on  fire  insurance  policy  by  transferee  of  property,  No.  21.  o. 

Complaint  on  foreign   judgment,   Nos.   2251,   2255. 

Complaint  on  insurance  policy  for  cargo  lost  by  fire.  No.   2174. 

Complaint  on  judgment,  No.   2257. 

Complaint  on  life  insurance  policy.  No.   2172. 
Form  Book — 84 


1330  Index. 

COMPLAINTS— CIVIL  (Continued). 

Comjilaint  on  life  insurance  policy  by  wife,  partner  or  creditor,  No. 

2173. 
Complaint  on  lost  note.  No.  3142. 
Complaint  on  partnership  note,  No.  3141. 
Complaint  on  promise  of  third  person,  No.  953, 
Complaint  on  promise   to   pay  in   consideration   of   surrender   of   lease. 

No.  2447. 
Complaint  on  promissory  note,  Nos.  3136,  3140. 
Complaint  on  promissory  note — Justice's  court,  No.  3139. 
Complaint  on  undertaking  on  attachment.  No.  619. 
Complaint  to  cancel  deed  and  correct  mortgage,  No.  2723. 
Complaint    to    determine    conflicting    claims    to    real    property    North 

Dakota,  No.  3184. 
Complaint  to  foreclose  chattel  mortgage.  No.  1956. 
Complaint  to  foreclose  mechanic's  lien,  No.  1929. 
Complaint  to  foreclose  mechanic's  lien — Short  form.  No.  1930. 
Complaint  to  foreclose  mortgage  on  land,  No.  1953. 
Complaint  to  quiet  title,  Nos.   3180,  3182. 
Complaint  to  quiet  title  to  mining  claim,  No.  3181. 
Complaint  to  recover  penalty  for  violation  of  ordinance.  No.  957. 
Complaint  to  recover  subscription  for  public  object,  No.  1210. 
Complaint  to  recover  statutory  penalty,  No.  954. 

COMPLAINTS— CRIMINAL. 

Complaint — Allowing  rubbish  to  accumulate  on  street — Justice's  court, 

No.  1011. 
Complaint — Assault  by  moans  and  force  likely  to  produce  great  bodily 

injury — Justice's   court.  No.   1049. 
Complaint — Assault  to   murder,  No.   1037. 
Complaint — Assault  with  a  deadly  weapon,  No.  1035. 
Complaint — Assault  with  a  deadly  weapon — Justice's  court.  No.  1048. 
Complaint — Assault  with  intent  to  commit  murder — Justice's  court,  No. 

1050. 
Complaint — Assault   with   attempt  to   commit   robbery — Justice's   court. 

No.  1051. 
Complaint — Attempt  to  commit  burglary — Justice's  court,  No.  1047. 
Complaint — Battery — Justice's  court.  No.  985. 
Complaint — Burglary  in  the  first  degree.  No.  1039. 
Complaint — Carrying  a  concealed  weapon — Justice's  court,  No.  1012. 
Complaint — "Cubic-air"  law — Letting  a  room  in  violation  of — Justice's 

court.  No.   1002, 
Complaint — "Cubic-air"   law — Using   a  room    in    violation    of — Justice's 

court.  No.  1003. 
Complaint — Common  drunkard — Justice's  court,   No.   986. 
Complaint — Depositing  rubbish  in  street — Justice's  court,  No.  1013. 


Index.  1331 

COMPLAINTS— CRIMINAL   (Continued). 

Complaint — Discharging    firearms    within    city    limits — Justice's    court, 

No.  1014. 
Complaint — Disturbing  the  peace — Justice's  court,  No.  989. 
Complaint — Doing  business  without  a  license — Justice's  court,  No.  990. 
Complaint — Drawing  and  exhibiting  a  deadly  weapon — Justice's  court, 

No.  991. 
Complaint — Employing    a    minor    in    exhibition — Justice's    court,    No. 

1015. 
Complaint  for  crime — Justice's  court,  No.  983. 
Complaint  for  crime — Justice's  court — North  Dakota,  No.   984. 
Complaint  for  cruelty  to  animals — Justice's  court,  No.  988. 
Complaint — Forgery — Justice's  court.  No.  1036. 
Complaint — Gaming — In  general — Justice's  court,  No.  992. 
Complaint — Grand  larceny,  No.  1046. 
Complaint — Having  a  lottery  ticket  in  possession — Justice's  court,  No. 

1016. 
Complaint — Having    possession    of   gambling    tools — Justice    court,    No. 

1017. 
Complaint — Keeping  a  disorderly  house — Justice's  court.  No.  993. 
Complaint — Keeping    a    minor    in    a    house    of    prostitution — Justice's 

court.  No.   1018. 
Complaint — Keeping  house  of  ill  fame — Justice's  court.  No.  1004. 
Complaint — Keeping   office    open   for   sale    of   lottery   tickets — Justice's 

court,  No.  lOOS. 
Complaint — Keeping  opium  resort — Justice's   court,  No.   1006. 
Complaint — Maintaining  a   public   nuisance — .Justice's   court.   No.   994. 
Complaint — Maintaining  lottery — Justice's  court.  No.  1009. 
Complaint — Making  or  passing  fictitious  instrument — Justice's  court,  No. 

1045. 
Complaint — Malicious  mischief — Justice's  court.  No.  995. 
Complaint — Misdemeanor     embezzlement     by     agent— Justice's     court, 

No.  996. 
Complaint — Obstructing  a  railroad — Justice's  court.  No.  1019. 
Complaint — Obstructing  a  sidewalk — Justice's  court.  No.  1020. 
Complaint — Obstructing  a  street — Justice's  court,  No.  1021. 
Complaint — Obtaining    goods    or    money    by    false    pretenses — Justice's 

court,  No.  1043. 
Complaint — Obtaining  money,  personal  property  or  labor  by  false  pre- 
tenses— Justice's  court.  No.  998. 
Complaint — Omitting  to  provide   for   minor   child — Justice's   court,   No. 

1044. 
Complaint  or  information  that  public  offense  has  been  committed,  No. 

982. 
Complaint — Peddling  without  a  license — Justice's  court.  No.  1022. 
Complaint — Petit  larceny — Justice's  court,  No.  999. 
Complaint — Petit  larceny  with   previous   conviction,  No.   1042. 


1332  Index. 

COlVrPLATNTS— CRIMINAL  (Continued) . 

Complaint — Receiving  stolen  goods,  No.  1038. 

Complaint — Receiving  stolen  property — .Justice's  court,  No.  1041. 

Complaint — Refusing  to  "move  on  and  disperse" — Justice's  court,  No. 
1023. 

Complaint — Residing  in  a  house  of  ill  fame — Justice's  court.  No.  1005. 

Complaint — Robbery,  No.   1034. 

Complaint — Selling  lottery  tickets — Justice's  court.  No.  1010. 

Complaint — ^Simple  assault — Justice's  court.  No.  1001. 

Complaint — Uttering  fictitious  check,  etc. — ^Justice's  court.  No.  1040. 

Complaint — Vagrancy — Justice's  court,  No.  987. 

Complaint — Violation  of  fire  ordinance — Justice's  court.  No.  1024. 

Complaint — Violation  of  hack  ordinance — Disobedience  of  police  direc- 
tions— Justice's  court.  No.  1025. 

Complaint — Violation  of  hack  ordinance — Soliciting  business — Jus- 
tice's court.  No.  1026. 

Complaint — Violation  of  health  ordinance — Leaving  stagnant  water, 
etc.,  upon  premises — Justice's  court.  No.   1027. 

Complaint — Violation  of  health  ordinance — Wrongful  placing  of  vault — 
Justice's  court,  No.  1028. 

Complaint — Violation  of  water  ordinance — Justice's  court.  No.  1029. 

Complaint — Visiting  a  gambling-house — Justice's  court.  No.  1030. 

Complaint — Visiting  a  house  of  ill  fame — Justice's  court,  No.  1031. 

Complaint — Visiting   gambling-house — Justice's   court,   No.   1032. 

Complaint — Visiting  place  where  opium  is  used — Justice's  court,  No. 
1007. 

Complaint — Vulgar  language — Justice's  court,  No.  1033. 

Selling  intoxicating  liquors  to  common  drunkards  or  to  Indians — Jus- 
tice's court,  No.  1000. 

COMPOSITION. 

Composition  agreement  between  debtor  and  creditors.  No.  1082. 

COMPROMISE. 

Answer  alleging  compromise,  No.  337. 

Complaint  to  recover  amount  of  compromise.  No.  1090. 

CONCEALED  WEAPON. 

Complaint — Carrying  a  concealed  weapon — Justice's  court,  No.  1012. 
Indictment  for  carrying  concealed  weapon,  No.  2121. 

CONDITIONS. 

Condition  of  assignee's  bond — Kansas,  No.  548. 
Condition  of  bond  on  special  submission.  No.  411. 
Condition  of  county  clerk's  bond — Kansas,  No.  814. 
Condition  of  county  treasurer's  bond — Colorado,  No.  812. 
Condition  of  guardian's  bond — ^Washington,  No.  2009. 
Condition  of  official  bond — Wyoming,  No.  819. 
Condition  of  sheriff's  bond — Colorado,  No.  813. 


Index.  1333 

CONFESSION  OF  JUDGMENT. 

Bond  with  warrant  of  attorney  to  confess  judgment,  No.  793. 

Confession  of  judgment,  No.  1093. 

Confession  of  judgment — Power  of  attorney  to   confess  judgment,   No. 

2985. 
Entry  of  confession  of  judgment,  No.  1094. 

CONSENT. 

Consent  of  stockholders  to  change  principal  place  of  business,  No.  1297. 

Consent  to  adoption,  No.  251. 

Consent  to  adoption — Wyoming,  No.  252. 

CONSPIRACY. 

Information  for  conspiracy,  No.  2118. 

CONTEMPT. 

Affidavit — Contempt  by  attorney  in  willfully  neglecting  his  duty. 
No.  1120. 

Affidavit — Contempt  by  member  of  jury  in  conversing  about  merits  of 
action,  No.  1105. 

Affidavit — Contempt  by  person  summoned  as  juror,  improperly  convers- 
ing about  merits  of  action.  No.  1106. 

Affidavit — Contempt  in  rescuing  a  person  in  the  custody  of  an  officer, 
No.  1108. 

Affidavit — Unlawful  interference  with  the  proceedings  of  a  court — 
Contempt,  No.  1107. 

Affidavit  of  contempt  by  clerk,  in  neglecting  to  enter  default,  No.  1115. 

Affidavit  of  contempt  by  disobedience  of  subpoena,  No.  1103. 

Affidavit  of  contempt  by  dissuading  witness  from  attending  court, 
No.  1119. 

Affidavit  of  contempt  by  person  assuming  to  be  attorney  without  au- 
thority. No.  1111. 

Affidavit  of  contempt  by  referee,  in  neglecting  to  take  testimony, 
No.  1109. 

Affidavit  of  contempt  for  refusing  permission  to  take  copy  of  account, 
No.  1110. 

Affidavit  of  contempt  by  re-entry  into  real  property  after  ejectment. 
No.  1118. 

Affidavit  of  contempt  in  abusing  process  of  court.  No.  1112. 

Affidavit  of  contempt  in  applying  for  order  after  refusal  thereof  by 
another  judge  of  same  court.  No.  1113. 

Affidavit  of  contempt  in  disobeying  mandate  of  court,  No.  1114. 

Affidavit  of  contempt  in  refusing  to  obey  order  of  court.  No.  1117. 

Affidavit  of  contempt  in  unlawfully  detaining  witness,  No.  1104. 

Affidavit  of  contempt  in  willfully  neglecting  to  serve  subpoena.  No. 
1116. 

Attacliment  for  defaulting  witness,  No.   1125. 


1334  Index. 

CONTEMPT    (Continued). 

Judgment  for  contempt — Justice's  court — "Washington,  No.  1133. 

Judgment  of  conviction  for  contempt  in  presence  of  the  court,  No.  1127. 

Judgment  of  conviction  of  contempt  in  view  of  judge,  No.  1126. 

Order  committing  administrator  for  contempt  for  disobeying  order  of 
court,  No.  1129. 

Order  convicting  of  contempt  after  order  to  show  cause,  No.  1124. 

Order  directing  attachment  against  administrator  for  contempt  in  not 
rendering  account,  No.  1128. 

Order  for  defaulting  juror  to  show  cause,  No.  1121. 

Order  purging  of  contempt,  No.  1123. 

Order  revoking  letters  after  commitment  for  contempt,  No.   1130. 

Order  to  show  cause  why  party  should  not  be  punished  for  contempt, 
No.  1122. 

Warrant  of  commitment  for  contempt  in  using  disrespectful  and  con- 
temptuous language.  No.  1131. 

Warrant  for  contempt — Justice's  court — Washington,  No.  1132. 

CONTEST  OF  WILLS.     See  Wills,  Contest  of. 

Contest  and  opposition  to  probate  of  codicil,  No.  3979. 
Contest  of  will  after  probate,  No.  3983. 
Contest  of  will  before  probate,  No.  3978. 

CONTINUANCE. 

AflGdavit  for  continuance.  No.  1154. 

Affidavit  on  motion  for  continuance  on   ground  of  surprise  by  forged 

written  evidence,  No.  1155. 
Undertaking  on  adjournment  for  more  than  ten  days — Justice's  court, 

No.  1156. 

CONTEACTOR'S  BOND. 

United  States  public  work,  No.  795. 

CONTRACTS.     See  Agreements;  Bonds;  Covenants. 

Agreement  for  conditional  sale  of  personal  property,  price  payable  in 

installments.  No.  1198. 
Agreement  for   sale   of    real   property,  price  payable   in   installments, 

No.  1199. 
Authority  to,  and  agreement  with,  agent  to  sell,  No.  1190. 
Agreement  to  sell  and  buy  land,  No.  1189. 
Agreement  with  agent  or  broker  to  sell  land.  No.  1191. 
Answer  denying  offer  to  perform  charter-party,  No.  1202. 
Bond  for  deed.  No.  766. 
Builder's  contract.  No.  1184. 
Building  contract.  No.  1185. 
Building  contract,  No.  1186. 
Broker's  contract  of  sale.  No.  1192. 
Charter  of  vessel  for  term,  No.  1200. 


Index.  1335 

CONTEACTS  (Continued). 

Charter  of  vessel  for  voyage,  No.  1201. 

Complaint    against    builder   for    special    damages   from   loss    of     rent, 
No.  1195. 

Complaint  by  contractor  for  extra  work  done  under  contract  modified, 
No.  1196. 

Complaint  by    buyer    against    seller    for    not    delivering     merchandise, 
No.  1208. 

Complaint  by  seller  against  purchaser,  No.  1209. 

Complaint  for  breach  of  contract  to  employ,  No.  1203. 

Complaint  for  breach  of  contract  to  manufacture.   No.   1204. 

Complaint  for  breach  of  contract  to  serve,   No.   1205. 

Complaint  for  repayment  of  deposit,  No.  1206. 

Complaint  on  bond  for  government  work  to  recover  for  materials  fur- 
nished to  the  contractor.  No.  1197. 

Complaint  on  bond  to  convey  land.  No.  1207. 

Complaint  to  recover  subscription  for  public  object,  No.  1210. 

Contract  and  specifications  to  construct  flume,  ditch,  etc.,  No.  1181. 

Contract  by  landlord,  No.  2454. 

Contract  by  tenant.  No.  2455. 

Contract  forming  copartnership,  No.  2880. 

Contract  for  sale  of  real  estate,  No.  1188. 

Contract — General  form.  No.  1182. 

Contract  of  surety  for  payment  of  rent,  No.  2446. 

Contract  to  cultivate  land  on  shares.  No.  1194. 

Contract  to  dissolve  partnership,  No.  2883. 

Contract  to  renew  partnership,  No.  2882. 

Contract  with  a  mason,  No.  1187. 

Contracts.     See  Party-wall. 

Covenant  not  to  sue.  No.  1193. 

General   form    of    agreement   or    contract   with   proviso   for   liquidated 
damages,  No.  1183. 

Subscription  for  charitable  purposes.   No.   1178. 

Subscription   for  the   accomplishment   of   an   obiect   of   interest   to   all, 
No.  1177. 

Subscription  to  secure  right  of  way.  No.  1180. 

Subscription  toward  building  railroad.  No.  1179. 

CONTRIBUTION. 

Order  for   contribution  by  legatee   to   devisee   whose   devise  has  been 
sold  to  pay  debts.  No.  1236. 

CONVERSION. 

Complaint  for  conversion  of  personal  property.  No.  1247. 

CONVEYANCE.     See  Bills  of  Sale;  Deeds. 

COPARTNERSHIP.     Sec  Fictitious  Names;  Partnership. 


1336  Index. 

COPTEIGHT.     See  Trademark. 

Application  for  copyright  by  citizen  or  resident  of  the  United  States, 

No.  1258. 
Affidavit  of  American  manufacture  of  copyright  book,  No.  1259. 
Assignment  of  copyright  to  book,  No.  1260. 

CORONERS. 

Coroner's  certificate  as  to  value  of  phj'sician's  services,  No.  1280. 

Coroner's  certificate  of  death,  No.  1271. 

Coroner's  demand  for  body.  No.  1273. 

Coroner's  subpoena.  No.  1272. 

Coroner's  subpoena  for  experts,  No.  1278. 

Coroner's  summons  of  juror,  No.  1276. 

Coroner's  warrant  of  arrest,  No.  1279. 

Inquisition  by  coroner's  jury,  No.  1277. 

Oath  of  witness  before  coroner's  inquest,  No.  1275. 

Oath  to  coroner's  jury,  No.  127  I. 

Return  or    verdict  of  coroner's  jury.   No.  1281. 

CORPORATIONS.     See  Blue  Sky  Law. 

Affidavit  constituting  articles  of  incorporation  of  church  or  society — 
Utah,  No.  1342. 

Affidavit  of  chairman  as  to  incorporation  of  society,  church  or  con- 
gregation— Colorado,  No.  1324. 

Affidavit  of  chairman  as  to  incorporation  of  joint  stock  company  or 
association — Colorado,  No.  1341. 

Annual  affidavit  by  corporation,  No.  1319. 

Answer  denying  subscription  for  stock,  No.  1344. 

Application  for  change  of  name.  No.  1300. 

Application  for  change  of  name — Another  form,  No.  1301. 

Articles  of  incorporation.  No.  1292. 

Articles  of  incorporation  of  church,  No.   1294. 

Articles  of  incorporation  of  church,  No.  1328. 

Articles  of  incorporation  of  railroad  company,  No.  1293. 

Assessment  notice,  No.  1313. 

By-laws  of  corporation,  No.  1322. 

Certificate  as  to  amendment  of  articles — "Washington,  No.  1327. 

Certificate  of  agreement  of  association — Washington,  No.  1325. 

Certificate  of  legal  organization — Washington,  No.  1326. 

Certificate  of  secretary  on  application  for  dissolution,  No.  1334. 

Change  of  name — Order  to  show  cause,  and  for  publication  thereof, 
No.  1302. 

Complaint  against  corporation.  No.  1330. 

Complaint  by  corporation,  No.  1329. 

Complaint  of  corporation  for  subscription,  No.  1343. 

Consent  of  stockholders  to  change  principal  place  of  business,  No.  1297. 

Corporations — Organization  minutes.  No.  1295. 


Index.  1337 

CORPOEATIOXS  (Continued). 

Corporations — Power  of  attorney  to  transfer  stock,  No.  2987. 

Decree  of  dissolution,  No.  1335. 

Deed  by  corporation,  No.  1444. 

Final   resolution   of    board    of    directors    changing   place    of    business. 

No.  1299. 
Grant  of  franchise  by  state  to  be  a  corporation — Oklahoma,  No.  1320. 
Notice  of  annual  meeting.  No.  1305. 
Notice  of  annual  meeting,  No.  1306. 

Notice  of  annual  meeting  of  railroad  company,  No.  1338. 
Notice  of  application  to  disincorporate,  No.  1337. 
Notice  of  change  of  place  of  business,  No.  1298. 
Notice  of  delinquent  sale.  No.  1315. 
Notice  of  directors'  regular  meeting.  No.  1307. 
Notice  of  directors'  special  meeting.  No.  1308, 
Notice  of  special  meeting  of  stockholders  to  create  bonded  indebtedness, 

No.  1340. 
Notice  of  stockholders'  meeting  to  increase  capital,  No.  1339. 
Objections  to  application  for  dissolution,  No.  1333. 
Objections  to  change  of  name  of  corporation.  No.  1303. 
Order  changing  name,  No.  1304. 
Order  fixing  time  and  place  of  hearing,  and  for  publication  of  notice 

of  application  for  dissolution.  No.  1336. 
Petition  for  dissolution  of  corporation,  No.  1332. 
Protest  of  a  director  of  a  corporation  against  dividend  to  be  spread 

on  the  minutes,  No.   1318. 
Proxy — Accompanied  by  ballot.  No.  1310. 
Proxy  to  vote.  No.  1317. 
Proxy  to  vote  at  annual  election,  No.  1309. 
Eesolution  extending  time  of  delinquent  sale,  No.  1321. 
Kesolution   of  religious,   educational   or   benevolent  society   to   become 

incorporate — Montana,  No.  1323. 
Eesolution  rescinding  assessment.  No.  1314. 
Eesolution  to  change  principal  place  of  business,  No.  1296. 
Eesolution    waiving    further    proceeding    and     sale    under     assessment, 

No.  1316. 
Subscription  agreement  of  corporation  to  be  formed — Several  counter- 
parts. No.  1311. 
Subscription  to  take  stock  in  corporation  to  be  formed,  No.  1312. 
Summons  to  corporation   (criminal  case),  No.   1331. 

COSTS. 

Affidavit  of  inability  to  give  security  for  costs — Kansas,  No.  1361. 
Bond  for  costs — Justice's  court — Oklahoma,  No.   1363. 
Bond  for  costs  by  nonresident — Colorado,  No.  1360. 
Cost  bill  in  justice's  court,  No.  1359. 
Memorandum  of  costs.  No.  1358. 


1338  Index. 

COSTS  (Continnod). 

Nonresident's    cost    bond     or     undertaking — Justice's    court — Colorado, 

No.  1362. 
Nonresident's  cost  bond   or   undertaking — Justice's   court — Oregon,  No. 

1364. 

COUNTE'ECLAIM. 

Counterclaim,  No.  339. 

Judgment  for  defendant  on  counterclaim — Justice's  court,  No.  2240. 

COVENANTS.     See  Leases. 

Covenant  as  to  encroaching  building,  No.  1470. 

Covenant  as  to  holding  over,  No.  2414. 

Covenant  excepting  right  of  way.  No.  2415. 

Covenant  excepting  timber,  etc.,  on  premises.  No.  2416. 

Covenant  excepting  waterway.  No.  2417. 

Covenant  for  private  alley  in  deed  to  undivided  half,  No.  1471. 

Covenant  for  quiet  enjoyment.  No.  2433. 

Covenant  not  to  assign,  underlet,  alter  or  improve  without  license  from 

lessor.  No.  2420. 
Covenant  not  to  carry  on  noxious  or  offensive  trade,  nor  permit  it  to 

be  done.  No.  2422. 
Covenant  not  to  lop  trees,  etc..  No.  2421. 
Covenant  not  to  obstruct  view.  No.  1472. 
Covenant  not  to  sue.  No.  1193. 

Covenant  that  landlord  may  enter  to  inspect  premises,  etc..  No.  2424. 
Covenant  that  landlord  may  enter  to  make  inventory,  etc.,  No.  2425. 
Covenant  that  lessee  may  deduct  taxes  and  charges  of  repairs  out   of 

rent.  No.  2418. 
Covenant  that  lessee  may  quit,  No.  2434. 
Covenant  to  deliver  possession.  No.  2426. 
Covenant  to  erect  brick  buildings.  No.   2427. 

Covenant  to  expend  a  stated  sum,  in  a  given  time,  for  repairs.  No.  2423. 
Covenant  to  insure.  No.  2428. 
Covenant  to  occupy  premises.  No.  2429. 
Covenant  to  pay  rent,  No.  2411. 
Covenant  to  pay  taxes.  No.  2412. 
Covenant  to  renew  lease.  No.  2419. 
Covenant  to  repair,  No.  2413. 
Covenant  to  repair  after  notice,  No.  2430. 
Covenant  to  repair,  lessor  finding  materials.  No.  2431. 
Covenant  to  restore  personal  property,  No.  2432. 
Covenant  to  sell  inheritance  to  lessee  upon  request,  No.  2435, 

CREDITOKS'  CLAIMS. 

Affidavit  to  creditor's  claim,  No.  1386. 

Affidavit  to  creditor's  claim  by  person  representative  of  claimant,  No. 
1395. 


Index.  1339 

CEEPITORS'  CLAUrS  (Continued). 

Affidavit  to  creditor's  claim  of  corporation  or  partnersTiip,  No.  1387. 
Affidavit  where  creditor  had  no  noiice  by  reason  of  absence  from  the 

state,  No.  1388. 
Agreement  for  reference  of  claim,  No.  1389. 
Creditor's  claim — Appointment  of  attorney  to  defend  action  by  executor, 

No.  1398. 
Creditor's  claim  by  executor,  No.  1397. 
Creditor's  claim — Contingent,  No.  1396. 

Creditor's  claim — Demand  for  vouchers  by  executor,  No.  1403. 
Creditor's  claim — Not  due.  No.  1399. 
Creditor's  claim  on  judgment,  No.  1401. 
Creditor's  claim  on  lost  promissory  note.  No.  1402. 
Creditor's  claim  on  mortgage,  No,  1385. 
Creditor's  claim  where  action  pending,  No.  1400'. 
Notary's  certificate  of  presentation  of  creditor's  claim,  No.  1392. 
Order  allowing  presentation  of  creditor's  claim.  No.  1394. 
Order  for  deposit  where  claimant  cannot  be  found.  No.  1404. 
Order  referring  claim  to  referee.  No.  1390. 
Report  of  referee  on  creditor's  claim.  No.  1391. 
Statement  of  claims  presented.  No.  1393. 

CREDITORS.     See  Assignment  for  Benefit  of  Creditors. 

CRIMINAL  ACTIONS.     See  Arrest  and  Bail. 

CRIMINAL.     See  Complaints — Criminal;  Commitment;  Indictment  and  In- 
formation. 

CROP  MORTGAGE. 

Crop  mortgage.  No.  2718. 

CRUELTY  TO  ANIMALS. 

Complaint  for  cruelty  to  animals — Justice's  court,  No.  988. 

CUSTOM-HOUSE  POWER  OF  ATTORNEY. 
Custom-house  power  of  attorney,  No.  2981. 

"CUBIC-AIR"  LAW. 

Complaint  for  letting  room  in  violation  of.  No.  1002. 
Complaint  for  using  room  in  violation  of.  No.  1003. 

DEADLY  WEAPON. 

Drawing  and  exhibiting — Complaint,  JNo.  991. 

DEATH. 

Notice  of  death  of  party,  No.  2781. 


13-10  Index. 

DECISTON.     See  Findings. 

DECLARATION. 

Declaration  of  homestead — By  hnsband,  No.  2071. 

Declaration  of  homestead  by  husband  on  vdfe's  separate  property,  No. 

2074. 
Declaration  of  homestead — By  unmarried  head  of  family,  No.  2075. 
Declaration  of  homestead  by  person  not  head  of  family,  No.  2076. 
Declaration  of  homestead  by  wife  on  her  separate  property,  No.  2073. 
Declaration  of  marriage  where  there  is  no  record,  No.  2601. 
Declaration  of  trademark,  No.   3640. 

DECREE.     See  Divorce;  Judgments;  Orders. 

Decree  appointing  guardians,  Nos.  2003,  2006,  2007. 

Decree  determining  heirship  of  intestate,  No.  2059. 

Decree  empowering  married  woman  to  become  sole  trader,  No.  3372. 

Decree  establishing  heirship  of  testate,  No.  2060. 

Decree  establishing  notice  to  creditors,  No.  2S03. 

Decree  for  family  allowance.  No.  1876. 

Decree  of  adoption.  No.  255. 

Decree  of  dissolution,  No.  1335. 

Decree  of  distribution  to  foreign  executor,  No.  1574. 

Decree  of  final  discharge.  No.  1847. 

Decree  of  final  distribution.  No.  1573. 

Decree  of  foreclosure  of  mortgage,  No.  1957. 

Decree  of  partial  distribution,  No.  1566. 

Decree  of  partition,  No.  2366. 

Decree  of  settlement  of  account,  No.  27. 

Decree  of  settlement  of  account  and  final  distribution,  No.  29. 

Decree  of  settlement  of  final  account,  No.  28. 

Decree  setting  apart  homestead.  No.  2992. 

Decree  showing  termination  of  life  estate.  No.  3631. 

Final  decree  of  divorce,  No.  1585. 

DEEDS. 

Answer  denying  breach  of  covenant,  No.  1475. 
Code  deed  or  "grant"  deed,  No.  1435. 

Complaint  for  breach  of  covenant  against    encumbrances.    No.    1473. 
Complaint  for  breach  of  covenant  of  warranty,   No.    1474. 
Complaint  for  breach  of  warranty  of  title  to  real  property    No.  1476. 
Covenant  as  to  encroaching  building,  No.  1470. 
Covenant  for  private  alley  in  deed  to  undivided  half.  No.  1471. 
Covenant  not  to  obstruct  view,  No.  1472. 
Deed — Bargain  and  sale,  No.  1437. 
Deed  by  corporation,    No.    1444. 
Deed  by  corporation — Another  form,  No.  1445. 
Deed  by  grantor  whose  name  has  been  changed,  No.  1480. 
Deed  by  trustees  of   a  corporation   which  has  forfeited   its  charter,   No. 
1479a. 


Index.  1341 

DEEDS  (Continued). 

Deed  from  husband  to  wife,  No.  1438. 

Deed  for  conveyance  of  real  property— Colorado,  No.  1481. 

Deed  of  administratrix,  No.   1467. 

Deed  of  conveyance — Arizona,  No.  1451. 

Deed  of  gift,  No.  1439. 

Deed  of  guardian,  No.  1440. 

Deed  of  mining  claim,  No.  1441, 

Deed  of  right  of  way,   No.  1446. 

Deed  of  surface  rights  to  mining  property,  No.   1479. 

Deed  of  trust  to  corporation    as   trustee.    No.    1456. 

Deed  of  tnist  to  secure  note  issue.  No.  1478. 

Deed  of  trust — Three  parties — Single  individual   trustee,   No.   1457. 

Deed  of  trust — Wyoming,   No.   1458. 

Deed  to  incorporate  a  mining   company,    No.    1442. 

Deed  with  building  restrictions,  No.  1477. 

Deed  with  warranty  against  acts  of  grantor.   No.   1450. 

Grant   deed— South  Dakota,   No.    1455. 

Notice  of  trustee's  sale  of  real  estate  at  public  auction,  No  1482. 

Notice  of  trustee's  sale  under  deed  of  trust,  No.  1459. 

Quitclaim,  deed.  No.   1447. 

Quitclaim  deed — Another  form,   No.   1448. 

Quitclaim  deed — Arizona,  No.  1452. 

Quitclaim  deed — ^Utah,  No.  1454. 

Quitclaim  deed — Washington,  No.  1464. 

Quitclaim  deed — Wyoming,  No.  1465. 

Reconveyance  of  trust  premises.  No.  1460. 

Sheriff's  deed  on  execution.  No.   1468. 

Sheriff's  deed  on  foreclosure,  Nos.  1469,  1962. 

Statutory  deed— Washington,  No.  1443. 

Tax  deed.  No.  1436. 

Trustee's  deed — Wyoming,  No.  1461. 

Warranty  deed,  No.  1449. 

Warranty  deed — Arizona,  No.  1453. 

Warranty  deed,  by  attorney  in  fact,  with  usual  covenants.  No.  1466. 

Warranty  deed — Oklahoma,   No.    1461b. 

Warranty  deed' — Utah,   No.    1461c. 

Warranty  deed — Washington,  No.  1462. 

Warranty  deed,  with  usual  common-law  covenants,  No.   1461a, 

Warranty  deed — Wyoming,    No.    1463. 

DEEDS  OF  TRUST.     See  Deeds. 

DEFAULT.     See  Judgments  and  Decrees. 

Affidavit  for  relief  from  default.  No.  1502. 
Affidavit  on  motion  to  open  default,  No.  1501. 
Clerk's  entry  of  default,  No.  1499. 


1342  Index. 

DEFAULT  (Continucrl). 

Entry  of  judgment  by  default,  by  clerk,  No.  1504. 
Judgment  by  default  by  clerk.  No.  2220. 
Judgment  by  default   by  court,  Nos.  1505,  2221. 
Notice  of  motion  to  set  aside  default,  No.   1500. 
Order  opening  default,  No.  1503. 

DEFEASANCE. 

Mortgage — Deed  with  defeasance — Arizona,  No.  2708. 
Mortgage — Grant  with  defeasance,  No.  2709. 

DEMAND. 

Demand  for  change  of  place  of  trial,  No.  863. 
Demand  for  surrender  of  premises.  No.  1510. 

DEMURRER. 

Demurrer  for  defect  of  parties  plaintiff.  No.  1517. 
Demurrer  for  misjoinder  of  causes  of  action,  No.   1518. 
Demurrer  for  misjoinder  of  parties,  No.  1519. 
Demurrer  for  uncertainty.    No.    1520. 
Demurrer  for  want  of  jurisdiction,  No.  1521. 
Demurrer — -General,  No.  1516. 
Demurrer — Statute  of  limitations,  No.  1522. 
Demurrer  to  answer  for  not  stating  defense,  No.  1523. 
Notice  of  sustaining  demurrer,  No.  2782. 

DEPOSITIONS. 

Affidavit  for  order  shortening  time  for  examination  of  witness.  No    1540. 

Affidavit  to  take  deposition  of  witness  out  of  state,  No.  1545. 

Affidavit  to  take   deposition  of  witness  within  state.  No.   1537, 

Commission — Shorter  form,   No.   1548. 

Commission  to  take  testimony,  No.  1547. 

Deposition,  No.  1543. 

Instructions  to   commissioners,   No.   1549. 

Notice  of  motion  for  commission  to  examine  witness  out  of  state,  No.  1544. 

Notice  of  taking  depositions,  No.  1536. 

Notice  of  taking  deposition  after  time  shortened,  No.  1542. 

Order  for  commission  to  take  testimony,  No.  1546. 

Order  shortening  time  for  examination  of  witness,  No.  1541. 

Stipulation  to  take  deposition  of  witness,    No.    1538. 

Stipulation  to  take  deposition  without  notice  or  commission.  No.  1539. 

DEVISE.     See  Wills. 

Devise  of  a  sum  to  be  applied  in  releasing  poor  prisoners,  No.  3912. 
Devise  or  gift  to  Stanford  University,  San  Mateo  County,  California,  for 

the  education  of  one  poor  scholar  forever.  No.  3908. 
Devise  to  an  executor  in  consideration  of  friendship,  etc.  No.  3909. 


DISCHARGE. 

Of  bankrupt,  No.  719. 

DISORDERLY   HOUSE. 

Complaint — Keeping  a   disorderly  house — .Tnstice's   conrt.   No.   993. 

DISSOLUTION. 

Dissolution  of  partnership.     See    Partnership. 

Dissolution  of  partnership  to  be  indorsed  in  the  original  articles,  No.  2883 

DISTRIBUTION. 

Citation  to  administrator  on  application  for  partial  distribution,  No.  1564. 

Decree  of  distribution  to  foreign  executor,  No.  1574. 

Decree  of  final  distribution.  No.  1573. 

Decree  of  partial  distribution,  No.  1566. 

Notice  of  hearing  of  tbe  first  and  final  account  of  administratrix  and 

petition   for   final   distribution,   No.   1572. 
Objections  to  partial  distribution.  No.  1565. 
Order    appointing   commissioners   to   make   partition   on    distribution,    No. 

1576. 
Order  directing  notice  of  application  for  partition  on  final  distribution  to 

be  given,  No.  1575, 
Order  requiring  distributee  to  refund.  No.  1568. 
Order  to  show  cause  on  petition  for  distribution,  No.  1570. 
Petition  by  heir  far  partial  distribution — Another  form,  No.  1561. 
Petition  by  legatee  for  partial  distribution.  No.   1563. 
Petition  for  distribution,  No.  1569. 

Petition  for  final  distribution — Another  form.  No.  1571. 
Petition  for  order  requiring  distributee  co  refund,  No.  i567. 
Petition  of  assignee  of  heir  at  law  for  distribution  of  assignor's  share  to 

him.  No.  1562. 
Petition  of  heir  at  law  for  partial  distribution,  No.  1560. 

DISTURBING   THE   PEACE. 

Complaint— Disturbing  the  peace — Justice's  court,  No.  989. 

DIVORCE.     See  Marriage. 

Affidavit  of  defendant  on  motion  for  alimony,  No.  1581. 

Complaint  for  divorce — Desertion,  No.  1577. 

Complaint  for  divorce — Habitual  intoxication,  No.  1578. 

Final  decree  of  divorce,  No.  1585. 

Findings  in  divorce,  No.  1583. 

Interlocutory  decree  of  divorce.  No.  1584. 

Notice  of  motion  for  alimony — Costs  and  counsel  fees,  No.  1580. 

Order  assigning  homestead  to  innocent  party,  Nos.  2078,  2079. 

Order  for  alimony  pendente  lite,  costs  and  counsel  fees,  No.  1582, 

Order  for  equal  division  of  homestead  on  divorce,  No.  2080. 

Order  for  sale  of  real  estate  and  division  of  proceeds,  No.  2081. 

Summons  in  divorce.  No.  1579. 


1344  Index. 

DOCKET  OF  JUSTICE  OF  THE  PEACE. 

Certificate  as  to  copy  of  docket  entry — Justice's  court,  No.  1591. 
Certified  copy  of  justice's  docket  on  transfer  to  superior  court,  No.  1592. 
Docket  of  justice  of  the  peace,  No.  1590. 
Docket  order  allowing  amendment  to  pleadings — Justice's  court,  No.  1593. 

DEAFTS.     See  Bills. 
Draft,  No.  733. 
Protest  of  draft  payable  at  sight,  No.   3156. 


EJECTMENT. 

Answer  in  ejectment  alleging  title  in  stranger.  No.  1604. 

Answer  in  ejectment — Denial  that  plaintiif  has  been   damaged.  No.  1605. 

Complaint  in  ejectment  by  tenants  in  common  against  strangers,  No.  1603. 

Complaint  in  ejectment — Fee  simple,  No.  1600. 

Complaint  in  ejectment — Prior  possession,  No.  1601. 

Notice  of  pendency  of  action  of   ejectment.   No.    1602. 

EMBEZZLETMENT. 

Complaint — Embezzlement  by  agent — Justice's  court,  No.  &97. 

EMINENT  DOMAIN. 

Complaint  for  condemnation  of  land  by  corporation^  No.  1617. 
Summons  in  eminent  domain,  No.  1616. 

ESTATES  NOT  EXCEEDING  FIFTEEN  HUNDRED  DOLLARS. 
Order  assigning  estate  of  fifteen  hundred  dollars,  No.  1630. 
Order  to  show  cause  why  entire  estate  should  not  be  set  over  to  widow, 

No.  1629. 
Petition  to   set  apart  estate  not  exceeding  fifteen   hundred  dollars   in 

value,  No.  1628. 

EXAMINATION.     See  Supplementary  Proceedings. 

Examination  and  justification  of  sureties,  No.  2295. 
Examination  of  bankrupt  or  witness.  No.  697. 

EXECUTION.     See  Attachment;  Execution  Sales. 

"Bail"  for  stay  of  execution — Wyoming,  No.   1676. 

Bond  for  stay  of  execution — Washington,  No.  1677. 

Certificate  of  levy — Colorado,   No.  1678. 

Debtor's  claim  of  exemption,  No.  1670. 

Execution — Instructions  to  officer  to  levy  on  real  estate — Justice's  court, 

No.  1661. 
Execution — Justice's  court,  No.  1645. 
Execution — Third  party  claim.  No.  1666. 
Execution — Where    judgment    is   a   lien   on    realty,    No.   1649. 


Index. 


1345 


EXECUTION  (Continued). 

Execution  against  administrator  upon  decree,  for  payment  of  debts,  No. 

1651. 
Execution  against  debtor  and  surety— Washiu-ton,  No.  lObU. 
Execution  against  homestead.     See  Homestead. 
Execution  against  property— Colorado,  No.  1652. 
Execution  against  property— Hawaii,   No.  1653. 
Execution  against  property— Oregon,  No.   1654. 
Execution  against  property— Washington,   No.    1655. 
Execution  against  the  body— California,    No.    1656. 
Execution  against  the  body— Oregon,  No.  1657. 
Execution  against  the  body— Washington,   No.   1658. 

Execution  against  plaintiff  for   cost^Justice's   court-Kansas  and   Okla- 
homa, No.  1646.  , 
Execution  against  principal  or  judgment  debtor,  and  his  surety,  after  ex- 
piration of  stay— Oklahoma,  No.   1659. 
Execution  for  costs— Justice's  court.  No.  1647. 

Execution  for  deficiency  after  sale  on  foreclosure  of  mortgage,  No.  164_. 
Execution  for  deUvery    of   possession   of   real   or   personal   property.    No. 

1650. 
Execution  for  deUvery  of  property-Oregon,  No.  900. 
Execution  for  fine  and  costs-Justice's  eourt-Washmgton,  No.  164S 
Execution  on  juflgment  for  restitution.  No.  1679. 

Instructions  by   judgment   debtor  to  officer-Justice's  court,  No.   166.. 
Instructions  to  officer  to  garnish-Justice's  court,  No.  1663. 
Notice  of  levy  on  real  property,  No.  1675. 
Order  of  sale,  No.  1644. 
Order  recalling  execution,  No.  1664. 

Order  to  release  levy.  No.  1674.  ^  ,    ^t      ir;.o 

Renewal  of  execution  by  Indorsement— Justice's  court,  No.  1643. 

Eetiirn  of  execution-No  property  found— Justice's  court,  No.  1673. 

Return  of  execution  satisfied.  No.  1671. 

Return  of  execution  satisfied-Another  form.  No.  1672. 

Undertaking  by    claimant,    other   than    judgment    debtor,    for    release    of 
property.  No.  1669. 

Undertaking  to  indemnify  constabl<^-Washington,  No.   1668. 

Undertaking  to  indemnify  sheriff— Oregon,    No.   1667. 

Writ   of  execution  on  money  judgment.  No.   1641. 

EXECUTION  SALES. 

Acknowledgment  by  deputy  sheriff,  No.  1709. 

Certificate  of  redemption,  No.  1712. 

Certificate  of  sale  of  real  property  on  execution,  No.  "07. 

Certificate  of  sale  of  personal  property  on  execution,  No    1708. 

Certificate  of  sale  of  corporate  stock  ordered  by  court  to  be  sold,  No. 

1710. 
Complaint  by  purchaser  at  sheriff's  sale.  No.  1713. 
Deed  to  purchaser  in  OaUfomia,  No.  1711. 

Form  Book — 85 


1346  Index. 

EXECUTION  SALES  (Continued). 

Notice  of  constable's  sale,  No.  1700. 

Notice  of  postponement  of  sale,  No.  1702. 

Notice  of  sale — Montana  and  Utah,  No.  1701. 

Notice  of  sale  of   personal   property,  and  of   postponement   of  sale,   No. 

1703. 
Notice  of  sheriff's  sale  of  real  property,  No.   1699. 
Return  of  levy  on  and  sale  of  personal  property.  No.  1706. 
Return  of  levy  on  and  sale  of  real  property,  No.  1704. 
Return  of  sale  of  real  estate,  No.  1705. 
EXECUTORS  AND  ADMINISTRATORS.     See  Accounts  of  Executors  and 
Administrators;  Estates;  Notice  to  Creditors;  Probate  Lease;   Pro- 
bate Mortgage;  Probate  Homestead;  Wills;  Wills,  Contest  of;  Wills, 
Probate  of. 
Affidavit  for  removal  of  executors  for  mismanagement.  No.  1811. 
Affidavit  of   posting  notice   of  application   for   letters  of  administration, 

No.  1752. 
Affidavit  that  executor's  bond  is  insufficient,  No.  1788. 
Application  of  creditors  for  executor  to  recover  property,  No.  1850. 
Bond  of  administrator,  No.  1757. 

Bond  of  executor  with  more  than  tvro  sureties,  No.  1787. 
Bond  of  special  administrator,  No.  1746. 
Citation  to  administrator  on  application  for  partial   distribution,  No. 

1564. 
Citation  to  administrator  on  release  of  surety,  No.  1797. 
Citation  to  administrator  to  show  cause  why  he  should  not  give  further 

security.  No.  1792. 
Citation  to  administrator  to  show  cause  why  letters  should  not  be  re- 
voked. No.  1818. 
Clause  in  order  for  payment  of  debts  that  claim  disputed  or  contingent 

not  due  be  paid  into  court.  No.  1830. 
Complaint  against  administrator  or  executor,  Xo.  1849. 
Complaint  against  administrator  with  will  annexed,  No.  1852. 
Complaint  by  administrator,  No.  1848. 
Complaint  by  executor  for  citation  to  person  alleged  to  have  concealed 

or  embezzled  property.  No.  1812. 
Decree  of  final  discharge,  No.  1847. 
Executors  acting  one  for  the  other.  No.  1801. 
Executors   and   administrators — Special   notice    of   probate    proceedings, 

No.  2790. 
Executor's  contract  to  pay  debt  of  estate,  No.  1803. 
Executor's  or  administrator's  first  account,  No.  15. 
Letters  of  administration — Statutory  form— Nevada,  No.  1759. 
Letters  of  administration — Statutory  form— North  Dakota,  No.  1760. 
Letters  of  administration — Statutory  form — Oklahoma  and  South  Dakota, 

No.  1761. 
Letters  of  administration— Statutory  form— Oregon,  No.  1762. 
Letters  of  admimstratiou — Statutory  form — Utah,  No.   1763. 
Letters  of  administration— Statutory  form— Washington,  No.  1764. 


Index.  1347 

EXECUTORS  AND  ADMimSTEATORS  (Continued). 

Letters  of  administration — Statutory  form — Wyoming,  No.   1765. 

Letters  of  administration  with  oath  of  administrator,  No.  1758. 

Letters  of  administration  with  the  will  annexed,  will  not  appointing  ex- 
ecutor, No.  1778. 

Letters  of  administration  with  the  will  annexed,  executor  dying  after 
qualifying.  No.  1779. 

Letters  of  administration  with  will  annexed — Statutory  form — California, 
No.   1780. 

Letters  of  adiministration  with  the  will  annexed — Statutory  form — Nevada, 
No.  1781. 

Letters  of  administration  with  will  annexed — ^Statutory  form — Oklahoma 
and  South  Dakota,  No.  1783. 

Letters  of  administration  with  will  annexed — Statutory  form — Utah, 
No.  1784. 

Letters  of  administration  with  will  annexed — Statutory  form — Washing- 
ton, No.  1785. 

Letters  of  administration  with  the  will  annexed — Statutory  form — Wyom- 
ing, No.  1786. 

Letters  testamentary — Statutory  form — Nevada,   No.    1768. 

Letters  of  testamentary  administration — Statutory  form — North  Dakota, 
No.  1782. 

Letters  testamentary — ^Statutory  form — North  Dakota,  No.  1770. 

Letters  testamentary — Statutory  form — Oregon,   No.    1769. 

Letters  testamentary — Statutory  form — Oklahoma  and  South  Dakota,  No. 
1771. 

Letters  testamentary — Statutory  form — Utah,   No.   1772. 

Letters  testamentary — Statutory  form — Washington,  No.   1773. 

Letters  testamentary — Statutory  form — Wyoming,    No.    1774. 

Letters  testamentary,  No.  1767. 

Notice  of  application  for  letters  of  administration.  No.   1751. 

Notice  of  hearing  of  petition  to  invest  funds,  No.  1833. 

Notice  of  suspension  of  executor,  No.  1806. 

Objections  to  appointment  of  executor,  No.  1766. 

Objections  to  petition  for  order  directing  administrator  to  convey  land. 
No.  1838. 

Opposition  to  appointment  of  administrator,  No.  1753. 

Opposition  to  appointment  of  administrator — Another  form,  No.  1754. 

Order  accepting  resignation  of  testamentary  trustee,  No.  1822. 

Order  adjudging  that  person  named  in  will  as  executor  has  right  to  letters. 
No.  1800. 

Order  appointing  administrator,  No.  1755. 

Order  appointing  administrator  with  the  will  annexed  when  executor's 
right  to  appointment  is  forfeited,  No.  1777. 

Order  appointing  as  administrator  guardian  of  person  entitled  to  letters 
of  administration^  No.  1756. 

Order  appointing  executor  in  place  of  executor  removed  because  of  con- 
tempt of  court.  No.  1854. 

Order  appointing  special  administrator.  No.  1745. 


1318  Index. 

EXECUTOES  AND  ADMINISTEATORS  (Continued). 

Order  appointing  time  for  hearing  petition  for  order  directing  con- 
veyance of  land,  No.  1837. 

Order  appointing  trustee  under  will,  No.  1823. 

Order  approving  an  administrator's  agreement  to  compound  with  a 
debtor,  No.  1846. 

Order  approving  of  administrator's  payment  of  debt  without  creditor's 
affidavit,  No.  1826. 

Order  confirming  sale  of  contract  to  purchase  land,  No.  1835. 

Order  denying  petition  for  an  order  directing  administrator  to  convey 
land,  No.  1840. 

Order  directing  administrator  to  execute  conveyance  and  surrender  pos- 
session. No.  1842. 

Order  directing  administrator  to  recover  property,  No.  1851. 

Order  directing  citation  to  banker  et  al.  in  proceedings  to  recover  un- 
claimed deposits,  No.  1825. 

Order  directing  administrator  to  show  cause  why  he  should  not  be  re- 
moved for  omitting  to  cause  after-discovered  property  to  be  ap- 
praised, No.  1815. 

Order  directing  execution  of  deed.  No.  1841. 

Order  directing  executor  to  file  statement,  No.  1814. 

Order  directing  executor  to  invest  moneys  in  bonds,  No.  1834. 

tJrder  directing  executor  to  show  cause  why  his  letters  should  not  be 
revoked  for  failure  to  return  account  of  sale.  No.  1808. 

Order  directing  notice  of  proceedings  for  removal  of  executor  to  be  given 
by  publication  and  mail,  No.  1809. 

Order  directing  notice  to  suspend  executor,  No.  1805. 

Order  directing  publication  notice  of  application  for  order  directing 
executor  to  invest  moneys  of  an  estate.  No.  1832. 

Order  directing  surviving  partner  to  render  an  account,  No.  1S28. 

Order  dismissing  without  prejudice  petition  for  order  to  convey  land, 
No.  1839. 

Order  establishing  the  fact  that  one  of  two  executors  is  absent  from  the 
state.  No.  1802. 

Order  for  administrator  to  give  further  security,  No.  1793. 

Order  for  citation  on  petition  for  release  of  surety,  No.  1796. 

Order  for  the  payment  of  debts  of  insolvent  estate.  No.  1829. 

Order  reinstating  suspended  administrator.  No.  1807. 

Order  releasing  surety.  No.  1798. 

Order  removing  administrator  after  contest  of  his  account,  No.  1813. 

Order  removing  administrator  for  failure  to  give  notice  to  creditors, 
No.  1810. 

Order  revoking  letters  and  issuing  others  to  person  having  prior  right, 
No.  1S19. 

Order  revoking  letters  for  failure  to  file  new  bond.  No.  1794. 

Order  suspending  executor.  No.  1804. 

Order  suspending  the  powers  of  administrator  until  it  can  be  determined 
if  he  has  wasted  estate.  No.  1816. 


Index.  1349 

EXECrTORS  AWD  ADMTNTSTEATORS  (Continwd). 

Order  that  application  for  letters  of  administration  and  contest  for 
letters  will  be  heard  together,  No.  1853. 

Order  that  executor  give  bond  where  will  requires  none,  No.  1799. 

Order  to  compromise  debt,  No.  1845. 

Petition  and  complaint  asking  for  a  citation  to  show  cause  why  a  bank 
should  not  pay  a  deposit  to  administrator  or  depositor,  No.  lS'2i. 

Petition  for  an  order  directing  executor  to  convey  land  under  a  con- 
tract with  deceased.  No.  1836. 

Petition  for  an  order  directing  executor  to  invest  funds  of  an  estate, 
No.  1831. 

Petition  for  appointment  of  special  administrator,   No.   1744. 

Petition  for  authority  to  compromise  claim,  No.  1844. 

Petition  for  continuation  of  administration.  No.  1843. 

Petition  for  letters  of  administration.  No.  1748. 

Petition  for  letters  of  administration — Another  form,  No.   1749. 

Petition  for  letters  of  administration  with  will  annexed  on  death  of  ex- 
ecutor. No.  1776. 

Petition  for  letters  of  administration  with  the  will  annexed  on  renuncia- 
tion by  executor,  No.  1775. 

Petition  for  order  directing  surviving  partner  to  render  account,  No. 
1827. 

Petition  for  order  requiring  administrator  to  .give  new  bond,  No.  1789. 

Petition  for  order  requiring  administrator  to  give  new  bond — Another 
form.  No.  1790. 

Petition  of  surety  to  be  released  from  bond  of  administrator,  No.  1795. 

Petition  to  require  administrator  who  is  wasting  estate  to  give  further 
security,  No.  1791. 

Petition  to  revoke  letters  of  administration  and  to  grant  them  to  a  per- 
son claiming  under  prior  right.  No.  1817. 

Petition  to  revoke  letters  testamentary  and  appoint  petitioner  where 
executor  has  removed  from  state,  No.  1820. 

Petition  to  revoke  letters  testamentary  and  appoint  petitioner  where 
executor  is  nonresident  and  was  when  appointed,  No.  1821. 

E-equest  for  appointment  of  administrator,  No.  1750. 

Special   letters  of  administration.   No.   1747. 

EXEMPTION. 

Debtor's  claim  of  exemption,  No.  1670. 

EXTRADITION. 

Requisition  upon  another  governor  or  foreign  government,  No.  1858. 
"V^'arxant  of  arrest  on  extradition,  No.  185&. 


1350  Index. 

FALSE  IMPEISONMEjSTT. 

Complaint  for  damages  for  false  imprisonment,  No.  1862. 

FALSE  PRETENSES. 

Complaint — Obtaining  money,  personal  property,  or  labor  by  false  pre- 
tenses— Justice's  court,  No.  998. 

Complaint — Obtaining  goods  or  money  by  false  pretenses— Justice's 
court,  No.  1043. 

FALSE  REPRESENTATIONS. 

Complaint  for  damages  for  misrepresentations  as  to  mining  property, 

No.  1863. 
Complaint  for  fraudulent  representations  in  procuring  credit.  No.  1864. 

FAMILY  ALLOWANCE. 

Order  for  family  allowance  and  setting  apart  personal  property,  No.  1876. 
Order  for  support  of  family  until  inventory  returned.  No.  1874. 
Petition  for  order  setting  apart  personalty  and  for  family  allowance, 

No.  1875. 
Petition  for  provision  for  support  of  family  pending  return  of  inventory, 

No.  1873. 

FELONY. 

Information  for  compounding  a  felony,  No.  2117. 

FICTITIOUS  INSTRUMENT. 

Complaint — Making  or  passing  fictitious  instrument — Justice's  court,  No. 
1045. 

FICTITIOUS  NAMES. 

Certificate  of  change  of  individual  doing  business  under  a  fictitious  name, 

No.  1880. 
Certificate  of  copartnership  transacting  business  under  fictitious  name, 

No.  1882. 
Certificate  of  person  transacting  business  under  fictitious  name,  No.  188L 

FIDELITY  BOND. 

Fidelity  bond,  Nos.  771,  772. 

FINDINGS. 

Decision  of  court,  No.  1887. 

FIREARMS. 

Complaint — Discharging  firearms  within  city  limits — Justice's  court,  No. 
1014. 

FIRE  ORDINANCE. 

Complaint — Violation  of  fire  ordinance — Justice's  court,  No.  1024. 


Index.  1351 

FORCIBLE  ENTRY.     See  Unlawful  Detainer. 

FORCIBLE  ENTRY  AND  DETAINER.     See  Unlawful  Detainer. 

Affidavit  to  complaint  for  forcible  entry  and  detainer — New  Mexico,  No. 

1904. 
Answer  to  complaint  in  forcible  entry,  No.  1908. 
Complaint  for  forcible  detainer,  No.  1900. 
Complaint  for  forcible  entry,  No.  1898. 
Complaint  for  forcible  entry  and  detainer,  No.  1899. 
Complaint  for  forcible  entry  and  detainer — New  Mexico,  No.  1903. 
Summons  in  forcible  entry  and  detainer,  No.  1905. 
Summons  in  forcible  entry  and  detainer — Nevada,  No.  1906. 
Summons  in  forcible  entry  and  detainer — New  Mexico,  No.  1907. 

FORECLOSURE  OF  MECHANIC'S  LIEN. 

Complaint  to  foreclose  mechanic's  lien,  No.  1929. 

Complaint  to  foreclose  mechanic's  lien — Short  form,  No.  1930. 

Notice  of  sale  on  foreclosure  of  lien.  No.  1932. 

Order  of  sale  on  foreclosure  of  mechanic's  lien.  No.  1931. 

FORECLOSURE  OF  MORTGAGES. 

Affidavit  of  redemptioner.  No.  1954. 

Certificate  of  redemption  from  foreclosure,  No.  1961. 

Certificate  of  sale  on  foreclosure,  by  commissioner  or  sheriff.  No.  1960. 

Commissioner's  deed  on  foreclosure.  No.  1963. 

Complaint  to  foreclose  chattel  mortgage,  No.  1956. 

Complaint  to  foreclose  mortgage  on  land.  No.  1953. 

Decree  of  foreclosure  of  mortgage.  No.  1957. 

Notice  of  foreclosure,  by  advertisement — North  Dakota,  No.  1964. 

Notice  of  pendency  of  action  to  foreclose  mortgage.  No.  1955. 

Notice  of  sheriff's  sale  on  foreclosure  of  mortgage,  No.  1959. 

Order  of  sale  on  foreclosure  of  mortgage,  No.  1958. 

Sheriff's  deed  on  foreclosure.  No.  1962. 

FOREIGN  WILL. 

Order  appointing  time  for  hearing  petition  for  probate  of  foreign  will. 
No.  3985. 

FORGEHY. 

Complaint — Forgery — Justice's  court.  No.  1036. 

Indictment  for  forgery  of  bill  of  sale.  No.  2113. 

Indictment  for  forgery  of  instrument  in  foreign  language,  No.  2114. 

FRAUD.     See  Statute  of. 


1352  Index 

GAMBLING. 

Complaint — Gaming — In  general — Justice's  court,  No.  992. 

GAMBLING-HOUSE. 

Complaint — Visiting  gambling-liouse — Justice's  court,  No.  1032. 
Complaint — Visiting  a  gambling-house — Justice's  court.  No.   1030. 
Complaint — Having  possession  of  gambling  tools — Justice's  court,   No. 
1017. 

GARNISHMENT.     See  Attachment. 

Garnishment  summons — Colorado,  No.  603. 

Garnishment  summons — Justice  of  the  peace — Washington,  No.  606. 

Garnishment  summons — Justice's  court — North  Dakota,  No.  604. 

Garnishment  summons — North  Dakota,  No.  605. 

Writ  of  garnishment — Justice  of  the  peace — Washington,  No.  609. 

Writ  of  garnishment — Superior  Court — Washington,  No.  608. 

GOODS  SOLD. 

Complaint  for  goods  sold,  No.  1987. 
Complaint  on  account  for  goods  sold.  No.  1986. 

GEAND  LARCENY. 

Complaint — Grand  larceny,  No.  1046. 

GRANT.     See  Deeds. 

Grant  deed — South  Dakota,  No.  1455. 

Grant  of  additional  term,  No.  2443. 

Grant  of  franchise  by  state  to  be  a  corporation — Oklahoma,  No.  1320. 

GUARANTY. 

Contract  guaranteeing  payment  of  rent.  No.  1995. 

GUARDIAN  AD  LITEM.     See  Guardianship. 
GUARDIAN'S  SALES.     See  Guardianship. 

GUARDIANSHIP. 

AflSdavit  that  guardian  refuses  to  properly  support  ward,  No.  2013. 
AflSdavit  that  infant   is  imperiled   with   request  that  guardian   be   ap- 
pointed. No.  2000. 
Application  for  appointment  as  guardian  ad  litem,  No.  2011, 
Bond  of  guardian  on  qualifying.  No.  200S. 
Bond  of  guardian  on  sale  of  real  estate.  No.  2020. 
Complaint  by  infant,  suing  by  general  guardian,  No.  2024. 
Complaint  by  infant,  suing  by  guardian  ad  litem.  No.  2025. 
Condition  of  guardian's  bond — Washington,  No.  2009. 
Consent  of  all  persons  to  sale  by  guardian.  No.  2018. 


Index.  1353 

GUARDIANSHIP  (Continued). 
Deed  of  guardian^  No.  1440. 

Inventory  and  appraisement  of  estate  of  ward,  No.  2014. 
Letters  of  guardianship,  No.  2010. 
Nomination  of  guardian  by  minor,  No.  2002. 
Order  appointing  day  for  hearing  application  for  letters  of  guardianship 

of  incompetent  person,  No.  2004. 
Order  appointing  guardian  ad  litem,  No.  2012. 
Order  appointing  guardian  of  incompetent  person.  No.  2006. 
Order  appointing  guardian  of  insane  person  where  first  appointee  failed 

to  qualify,  No.  2007. 
Order  appointing  guardian  of  minors.  No.  2005. 
Order  for  allowance  out  of  income  of  minor.  No.  2032. 
Order  for  custody  pending  guardianship  proceedings.  No.  2001. 
Order  granting  to   nonresident   guardian  leave  to  remove  ward's  prop- 
erty from  state.  No.  2023. 
Order  of  publication  of  order  to  show  cause  on  guardian's  application  for 

order  of  sale  of  real  estate,  No.  2016. 
Order  of  sale  of  real  estate  by  guardian,  No.  2019. 
Order  prescribing  notice   of   application   for   appointment   of   guardian, 

No.  2003. 
Petition  by  guardian  for  order  to  mortgage  real  estate,  No.  2021. 
Petition  for  allowance  out  of  income  of  minor  to  defray  expenses,  No. 

2031. 
Petition  for  appointment  of  guardian  of  incompetent  person,  No.  1099. 
Petition  for  appointment  of  guardian  of  minor,  No.  1998. 
Petition  of  guardian  for  order  of  sale  of  real  estate.  No.  2015. 
Petition  of  guardian  for  order  of  sale  of  real  estate  in  order  to  reinvest 

proceeds,  No.  2017. 
Petition  of  guardian  that  he  may  assent  to  partition  of  land,  No.  2022. 
Eelease  to  a  guardian,  No.  3253. 
Eelease  to  guardian.  No.  2030. 

HABEAS  COEPUS. 

Order  for  writ  of  habeas  corpus  to  issue,  No.  2042. 

Petition  for  writ — Habeas  corpus.  No.  2041. 

Eeturn  to  be  indorsed  on  or  annexed  to  writ  of  habeas  corpus,  No.  2044. 

Undertaking  when  admitted  to  bail  by  habeas  corpus,  No.  2045. 

Writ  of  habeas  corpus,  No.  2043. 

HACK  ORDINANCE. 

Complaint — Violation  of  hack  ordinance — Disobedience  of  police  direc- 
tions— Justice's  court,  No.  1025. 

Complaint — Violation  of  hack  ordinance — Soliciting  business — Justice's 
court,  No.  1026. 


1354  Index. 

HEALTH  ORDIlSrANCE. 

Complaint — Violation  of  health  ordinance — Wrongful  placing  of  vault — 

Justice's  court.  No.  1028. 
Complaint — Violation  of  health  ordinance — Leaving  stagnant  water,  etc., 

upon  premises — Justice's  court,  No.  1027. 

HEIESHIP— PEOCEEDINGS  TO  DETERMINE. 

Decree  determining  heirship  of  intestate,  No.  2059. 

Decree  establishing  heirship  of  testate.  No.  2060, 

Order  and  citation  on  the  petition  to  determine  heirship,  No.  2057. 

Order  establishing  service  of  notice  on  petition  to  determine  heirship, 

No.  2058. 
Petition  for  determination  of  heirship,  No.  2056. 

HOMESTEAD.     See  Probate  Homestead. 
Abandonment  of  homestead,  No.  2077. 

Application  for  appraisers  on  execution  against  homestead,  No.  2082. 
Application  of  husband  of  insane  wife  to  sell  homestead,  No.  2092. 
Declaration  of  homestead — By  husband,  No.  2071. 
Declaration  of  homestead  by  husband — Wife's    separate    property,    No. 

2074. 
Declaration  of  homestead  by  person  not  head  of  family,  No.  2076. 
Declaration  of  homestead  by  unmarried  head  of  family,  No.  2075. 
Declaration  of  homestead  by  wife,  No.  2072. 

Declaration  of  homestead  by  wife  on  her  separate  property,  No.  2073. 
Divorce — Order  assigning  homestead  to  the  innocent  party,  No.  2078. 
Divorce — ^Order  assigning  homestead  to  the  innocent  party,  No.  2079. 
Divorce — Order  for  equal  division  of  homestead,  No.  2080. 
Divorce — Order  for  sale    of    homestead   and    division   of   proceeds,    No. 

2081. 
Notice  of  time  and  place  of  hearing  on   application   for  appraisers  of 

homestead.  No.  2083. 
Same — Order  appointing  appraisers  on  execution  against  homestead,  No. 

2084. 
Same — Oath  of  appraisers  on  execution  against  homestead,  No.  2085. 
Order  directing  division  of  homestead  land,  No.  2089. 
Same — Order  setting  apart  homestead  and  permitting  execution  against 

surplus,  No.  2090. 
Same — Order   fixing   compensation    of   appraisers    on    execution    against 

homestead,  No.  2091. 
Order  directing  homestead  be  sold,  and  surplus  above  five  thousand  dol- 
lars applied  on  execution,  No.  2088. 
Petition  for  decree  vesting  homestead  in  surviving  wife,  No.  2096. 
Report  of  appraisers  favoring  division  of  land,  No.  2087. 
Report  of  appraisers  opposing  division  of  land,  No.  2086. 


Index.  1355 


ILL  FAME. 

Complaint — Keeping  house  of  ill  fame — Justice's  court,  TTo.  1004. 
Complaint — Residing  in  a  house  of  ill  fame — Justic-e's  court,  Xo.  1005. 
Complaint — Visiting  house  of  ill  fame — Justice's  court,  No.  1031. 

INDEMNITY. 

Bond  of  counter-indemnity,  No.  802. 

Bond  of  indemnity  to  surety — Another  form,  No.  783. 

INDICTMENT  AND  INFOEMATION. 
Indictment,  No.  2106. 

Indictment  for  assault  with  intent  to  kill — Oregon,  No.  2119. 
Indictment  for  burglary,  No.  2122. 

Indictment  for  carrying  a  concealed  weapon.  No.  2121. 
Indictment  for  compounding  felony,  No.  2117. 
Indictment  for  conducting  tan  game,  No.  2115. 
Indictment  for  forgery  of  bill  of  sale,  No.  2113. 

Indictment  for  forgery  of  instrument  in  foreign  language,  No.  2114. 
Indictment  for  murder  with  instrument  unknown,  No.  2112. 
Indictment  for  removing  body,  No.  2116. 
Indictment  for  robbery,  No.  2109. 
Information,  No.  2107. 
Information  for  bribery,  No.  2108. 

Information  for  assault  with  a  deadly  weapon.  No.  2120. 
Information  for  conspiracy.  No.  2118. 
Information  for  murder  and  shooting,  No.  2110. 
Information  for  threatened  offense.  No.  2350. 

INDORSEMENT. 

Indorsement  of  order  of  arrest — Justice's  court.  No.  442. 

Indorsement  of  service  of  warrant,  No.  3851. 

Indorsement  of  service  on  warrant  of  arrest.  No.  468. 

Indorsement  on  venire — Justice's  court,  No.  3783. 

Indorsement  on  warrant  of  arrest  for  service  in  another  county,  No.  465. 

INFANCY. 

Infancy  of  defendant — Answer,  No.  326. 
Infancy  of  plaintiff — Answer,  No.  325. 

INFOEMATION.     See  Indictment  and  Information. 

Complaint  or  information  that  public  offeuso  has  been  committed,  No. 
&82. 

INHERITANCE  TAX. 

Affidavit  for  transfer  of  securities,  deposits,  etc..  No.  2130. 
Certificate  of  inheritance  tax  appraiser,  No.  2132. 
Report  of  inheritance  tax  appraiser,  No.  2131. 


1356  Index. 

INJUNCTION. 

Bond  on  injunction,  No.  2142. 

Complaint  for  an  injunction,  No.  2138. 

Complaint  for  injunction  to  restrain  defendants  from  flowing  water  on 

plaintiff's  land.  No.  2139. 
Injunction  from  interfering  with  interstate  commerce.  No.  2144. 
Injunction  to  restrain  disposition  of  property  of  partnership.  No.  2145. 
Injunction,  No,  2140. 
Permanent  injunction   to   restrain  interference  with   watercourse,   No. 

2143. 
Restraining  order,  No.  2146. 
Writ  of  injunction,  No.  2141. 

INNKEEPERS. 

Notice — Regulations  for  innkeepers.  No.  2150. 

INQUISITION. 

Inquisition  by  coroner's  jury.  No.  1277. 

INSPECTION  OF  PAPERS. 

Inspection,  request  for — Justice's  court,  No.  2156. 
Order  for  inspection,  No.  2157. 

INSTRUCTIONS. 

Instructions  by  judgment  debtor  to  officer— Justice's  court,  No.  1662. 

Instructions  to  commissioners.  No.  1549. 

Instructions  to  officer.  No.  585. 

Instructions  to  officer  to  garnish — Justice's  court,  No.  1663. 

Instructions  to  sheriff  to  release,  No.  621. 

INSURANCE. 

Complaint  on  endowment  policy,  No.  2169. 
Complaint  on  fire  insurance  policy.  No.  2170. 

Complaint  on  fire  insurance  policy  by  transferee  of  property,  No.  2175. 
Complaint  on  insurance  policy  for  cargo  lost  by  fire,  No.  2174. 
Complaint  on  life  insurance  policy,  No.  2172. 

Complaint  on  life  insurance  policy    by    wife,   partner    or   creditor,   No. 
2173. 

INTERLOCUTORY  DECREE. 

Interlocutory  decree  of  divorce.  No.  1584. 

INTERROGATORIES. 

Garnishment — Interrogatories,  answer  and  oath,  No.  614. 
Interrogatories  as  to  special  issues  submitted.  No.  3810. 


Index.  1357 

ENTEEVENTION". 

Complaint  in  intervention,  No.  2185. 
Order  allowing  intervention,  No.  2186. 

INTOXICATING  LIQUORS. 

Selling  intoxicating  liquors  to   common  drunkards  or   to  Indians — Jus- 
tice's court,  No.  1000. 

INVENTORY  AND  APPRAISEMENT. 

Affidavit  of  administrator  to  inventory  and  apprai«!ement,  No.  2197. 

Affidavit  of  appraisers  to  inventory  and  appraisement,  No.  2198. 

Affidavit  of  appraisers  to  their  bill  for  services,  No.  2200. 

Appraisement  of  real  estate  after  sale.  No.  2202. 

Inventory  and  appraisement,  No.  2196. 

Inventory  and  appraisement — Bill  of  appraisers,  No.  219&. 

Inventory  and  appraisement — Money  only,  No.  2201. 

Inventory  and  appraisement  of  property  discovered  after  first  inventory, 

No.  2203. 
Inventory  to  be  attached  to  or  written  on  back  of  search-warrant,  and 

affidavit,  No.  3334. 
Inventory  to  be  made  by  assignor  for  benefit  of  creditors.  No.  545. 
Supplemental  inventory  and  appraisement,  No.  2204. 

JUDGMENTS    AND    DECREES.     See    Confession    of    Judgment;    Decree; 

Order. 
Abstract  of  judgment  and  certificate — Justice's  court.  No.  2256. 
Answer  alleging  fraud  in  obtaining  judgment.  No.  2253. 
Answer  denying  assignment  of  judgment.  No.  2252. 
Certificate  of  con^^ction — Justice's  court — \^'ashington.  No.  2233. 
Certificate  that  copy  of  judgment  is  correct,  No.  2227. 
Certificate  to  copy  of  judgment  of  imprisonment — Justice's  court.   No. 

2229. 
Clerk's  certificate  to  copy  of  judgment,  No.  2223. 
Clerk's  certificate  to  copy  of  judgment,  and  as  to  papers   constituting 

judgment-roll,  No.  2224. 
Complaint  on  foreign  judgment.  No.  2251. 
Complaint  on  foreign  judgment,  No.  2255. 
Complaint  on  judgment.  No.  2257. 

Decree  directing  conveyance  of  trust  property.  No.  2246. 
Judgment,  No.  2245. 

Judgment  after  trial — Justice's  court — Oregon,  No.  2249. 
Judgment  against  defendant   (fiduciary  capacity) — Justice's  court,   No. 

2241. 
Judgment  by  court,  No.  2219. 
Judgment  by  default  by  clerk.  No.  2220. 
Judgment  by  default  by  court.  No.  2221. 
Judgment  by  justice  of  the  peace  when  defendant  is  subject  to  arrest, 

No.  448. 


1358  Index. 

JUDGMENTS  AND  DECKEES  (Continued). 
Judgment  confession  of,  No.  1093. 

Judgment,  conviction  for  contempt  in  presence  of  the  court.  No.  1127. 
Judgment,  conviction  of  contempt  in  view  of  judge,  No.  1126. 
Judgment,  damages  in  lieu  of  return  of  property,  No.  899, 
Judgment,  default,  by  court,  No.  1505. 
.Judgment,  entry  of  confession  of,  No.  1094. 
Judgment  for  contempt — Justice's  court — Washington,  No.  1133. 
Judgment  for  damages  in  lieu  of  return — Justice's  court,  No.  2238. 
Judgment  for  defendant — Justice's  court.  No.  2239. 
Judgment  for  defendant  on  counterclaim — Justice's  court.  No.  2240. 
Judgment  for  plaintiff — Money  demand — Justice's  court,  No.  2234. 
Judgment  for  possession  of  personal  property — Justice's  court.  No.  2235. 
Judgment  for  possession  personal  property  and  damages.  No.  896. 
Judgment  for  return  of  personal  property — Justice's  court,  No.  2237. 
Judgment  for  return  of  property  to  defendant.  No.  898. 
Judgment  for  value  of  personal  property.  No.  897. 
Judgment  for  value  of  personal  property — Justice's  court.  No.  2236. 
Judgment  for  want  of  answer — Justice's  court — Oregon,  No.  2248. 
Judgment  in  action  to  annul  contract  of  municipality  for  waterworks, 

No.  2247. 
Judgment    of    conviction    (of    imprisonment    and    that    defendant    pay 

costs),  after  trial  by  court — ^Justice's  court.  No.  2230. 
Judgment  of  dismissal  with  record  of  compromise,  No.  2243. 
Judgment  of  fine  after  trial  by  court — Justice's  court,  No.  2231. 
Judgment  of  fine  and  imprisonment.  No.  2226. 
Judgment  of  imprisonment,   No.   2225. 

Judgment  of  imprisonment  after  trial  by  court — Justice's  court,  No.  2228. 
Judgment  of  imprisonment  and  fine  after  trial  by  court — ^Justice's  court, 

No.  2232. 
Judgment  of  nonsuit  upon  opening  statement  of  counsel,  No.  2244. 
Judgment  of  restoration  to  competency.  No.  3301. 
Judgment  on  verdict.  No.  2222. 

Judgment  on  verdict — Justice's  court — Criminal  court,  No.  2242. 
Judgment — Satisfaction  of.  No.  3258. 
Judgment  where    defendant   is   subject   to  '  arrest — Justice's   court.   No. 

2250. 
Notice  of  entry  of  judgment.  No.  2258. 
Notice  of  motion  to  vacate  judgment  and  enter  a  different  judgment. 

No.  2259. 
Order  vacating  judgment,  No.  2260. 
Satisfaction  of  judgment.  No.  3258. 

JUSTICE  OF  THE  PEACE.     See  Justices'  Courts. 

JUSTICES'  COURTS.     See  Complaint;  Decree;  Judgment;  Notice;  Eeturn; 
Subpoena;  Summons;  Undertaking;  Verdict;  Warrant. 

Abstract. 

Abstract  of  judgment,  and  certificate — ^Justice's  court,  No.  2256. 


Index.  1359 

JUSTICES'  COURTS   (Continued). 

Aflidavits. 

Affidavit  for  attachment — Justice's  court — New  Mexico,  No.  567. 

Affidavit  for  change  of  place  of  trial  on  aceount  of  bias  or  prejudice 
of  citizens — Justice's  court,  No.  8C6b. 

Affidavit  for  change  of  place  of  trial  on  ground  of  interest,  preju- 
dice or  bias — Justice's  court,  No.  866d. 

Affidavit  of  change  of  place  of  trial  because  of  justice  being  a  wit- 
ness— Justice's  court,  No.  866c. 

Alias  Summons. 

Alias  summons  in  action  to  foreclose  liens  on  chattels  or  trespassing 

animals — Justice's  court— North  Dakota,  No.  3554. 
Alias  summons — Justice's  court,  No.  3544. 

Appeal. 

Appeal  bond — Justice's  court — Colorado,  No.  367. 

Notice  of  appeal  by  defendant — Small  claims  court — Oregon,  No.  374. 

Notice  of  appeal  from  justice's  court  to  superior  court,  No.  359. 

Undertaking  on  appeal  from  judgment  directing  delivery  of  pos- 
session of  real  property — Justice's  court.  No.  363. 

Undertaking  on  appeal  from  judgment  of  imprisonment — Justice's 
court  to  superior  court,  No.  365. 

Undertaking  on  appeal  from  justice's  court  in  criminal  case — Wyo- 
ming,  No.  368. 

Undertaking  on  appeal  from  money  judgment — Justice's  court  to 
superior  court,  No.  361. 

Undertaking  on  appeal — Unlawful  detainer — Justice's  court  to  superior 
court.  No.  366. 

Arrest  and  Bail  in  Civil  Actions. 

Indorsement  of  order  of  arrest — Justice's  court.  No.  442. 

Notice  to  plaintiff  of  arrest — Justice's  court.  No.  445. 

Eeturn  and  certificate  of  service  of  summons,   order  of  arrest,  and 

notice  to   plaintiff — Justice's  court.   No.  446. 
Undertaking  for  arrest  in  justice's  court — Oregon,  No.  449. 
Undertaking  for  arrest  in  justice's   court — Washington,   No.   450. 
"Warrant"  of  arrest  in  justice's  court — Washington,  No.  452. 
"Writ"  of  arrest  in  justice's  court — Oregon,  No.  451. 

Arrest  and  Bail  in  Criminal  Actions. 

Undertaking  on  admission  to  bail — Justice's  court.  No.  480. 
Undertaking  on  admission  to  bail — Justice's  court — Alaska  and  Ore- 
gon, No.   481. 
Warrant  of  arrest — Justice's  court,  No.  469. 
Warrant  of  arrest — Justice's  court — Washington,  No.  470. 

attachment. 

Affidavit  for  attachment — Justice's  court — New  Mexico,  No.  567. 
Bond  for  attachment — Justice's   court — New  Mexico,   No.   574. 
Bond  on  release  of  attachment — Justice's  court — Nevada    No.  596. 


1360  Index. 

JUSTICES'  COITRTS  (Continued). 

Garnishment  summons — Justice's  court — North  Dakota,  No.  604. 

Garnishment  summons — Justice  of  the  peace — ^Washington,  No.  606. 

Return  of  attachment  or  execution  showing  levy  on  credits,  etc. — 
Justice's  court.  No.  616. 

Eeturn  on  attachment  of  personalty — Justice's  court.  No.  615. 

Eeturn  on  attachment,  or  execution  showing  levy  on  shares  in  cor- 
poration— Justice's  court.  No.   617. 

Undertaking  on  attachment — Justice's  court.  No.  569. 

Undertaking  on  release  of  attachment — Justice's  court,  No.  597. 

Writ  of  attachment' — Justice's   court.   No.   576. 

Writ  of  garnishment — Justice  of  the  peace — Washington,  No.  609. 

Bonds  and  Undertakings. 

Bond  for  attachment — Justice's  court — New  Mexico,  No.  574. 

Bond  for  costs — Justice's  court — Oklahoma.  No.  1363. 

Bond  on  release  of  attachment — Justice's  court — Nevada,  No.  596. 

Certificates. 

Certificate  as  to  copy  of  docket  entry — Justice's  court,  No.  1591. 
Certificate  of  conviction — Justice's   court — Washington,   No.    2233. 
Certificate  of  county  clerk  that  person  issuing  writ  of  attachment  is 
a  justice  of  the  peace,  No.  856. 

Change  of  Place  of  Trial. 

Affidavit  for  change  of  place  of  trial  because  of  justice  being  a  wit- 
ness— Justice's  court,  No.  866c. 
Affidavit  for  change  of  place  of  trial  on  account  of  bias  or  prejudice 

of  citizens — Justice's  court.  No.  866b. 
Affidavit  for  change  of  place  of  trial  on  ground  of  interest    preju- 
dice or  bias — Justice's  court.  No.  866d. 
Order  transferring  cause — Justice's  court,  No.  866h. 

Commitment. 

Commitment  on  order  holding  to  answer — Justice's  court,  No.  923. 
Commitment  to  answer — Justice's  court — Oregon,  No.  929. 
Commitment  where  justice,  on  the  trial,  finds  that  he  has  no  juris- 
diction— Justice's  court — Washington,  No.   930. 

CompUiints — Civil. 

Complaint  and  notice — Justice's  court — Washington,  No.  3549. 

Co  mp  lad7its — Criminal. 

Complaint — Allowing  rubbish  to  accumulate  on  street — Justice's  court, 

No.  1011. 
Complaint — Assault    by    means    and    force    likely    to    produce    great 

bodily  injury — Justice's  court,  No.  1049. 
Complaint — Assault  with  a  deadly  weapon — Justice's  court.  No.  1048. 
Complaint — Assault   with   intent   to   commit   murder — Justice's   court. 

No.  1050. 
Complaint — Assault  with  attempt  to  commit  robbery — Justice's  court, 

No.  1051. 


Index.  1361 

JUSTICES'  COURTS   (Continued). 

Complaint— Attempt  to  commit  burglary— Justice's  court,  No.  1047. 
Complaint— Battery— Justice's  court,  No.  98.5. 

Complaint— "Cubic-air"    law— Letting   a   room   in   violation    of— Jus- 
tice's court,  No.  1002. 
Complaint— "Cubic-air"  law^Using  a  room  in  ^-iolation  of— Justice's 

court.  No.  1003. 
Complaint— Common  drunkard— Justice's  court,  No.  986. 
Complaint— Depositing  rubbish  in  street— Justice's  court,  No.  101.3. 
Complaint— Discharging   firearms   within   city   limits— Justice's   court, 

No.   1014. 
Complaint— Disturbing  the  peace— Justice's  court.  No.  989. 
Complaint— Doing  business  without  a  license— Justice's  court,  No.  990. 
Complaint— Drawing  and  exhibiting  a  deadly  weapon— Justice's  court. 

No.  991. 
Comphiint— Employing    a    minor   in    exhibition— Justice's    court,    No. 

1015. 
Complaint— Forgery— Justice's    court,    No.    1036. 
Complaint— Gaming—In  general— Justice's  court,  No.   993. 
Complaint — Grand  larceny,  No.  1046. 
Complaint- Having  a  lottery  ticket  in  possession— Justice's  court.  No. 

1016. 
Complaint— Having     possession    cf     gambUng    tools— Justice    court, 

No.  1017. 
Complaint— Keeping  a  disorderly  house— Justice's  court,  No.  993. 
Complaint— Keeping  a  minor   in  a  house   of    prostitution— Justice's 

court,  No.  1018. 
Complaint- Keeping  house  of  ill-fame— Justice's  court.  No.  1004. 
Complaint— Keeping  opium  resort— Justice's  court,  No.  lOOG. 
Complaint— Keeping  office  open  for  sale  of  lottery  tickets-Justice's 

court,  No.  1008. 
Complaint— Maintaining  a  public  nuisance— Justice's  court.   No.  994. 
Complaint— Maintaining  lottery— Justice's  court.  No.  1009. 
Complaint— Making  or  passing  fictitious   instrument— Justice's  court. 

No.  1045. 
Complaint— Malicious  mischief— Justice's  court,  No.  995. 
Complaint— Misdemeanor     embezzlement     by    agent— Justice's    court, 

No.   996. 
Complaint— Obstructing  a  railroad— Justice's  court,   No.   1019. 
C-omplaint— Obstructing  a  sidewalk— Justice's  court,  No.   1020. 
Complaint— Obstructing  a  street— Justice's  court,  No.  1021. 
Complaint— Obtaining  goods  or  money  by  false  pretenses— Justice's 

court,  No.  1043. 
Complaint— Obtaining   money,    personal    property    or    labor   by    false 

pretenses — Justice's  court.  No.  998. 
Complaint— Omitting    to    provide    for    minor    child— Justice's    court, 

No.  1044. 
Form  Book — 86 


1362  Index. 

JUSTICE'S'  COURTS  (Continued). 

Complaint — Peddling  without  a  license — Justice's  court,  No.  1022. 

Complaint — Petit  larceny — Justice's  court,  No.  999. 

Complaint — Receiving  stolen  goods,  No.  1038. 

Complaint — Receiving  stolen   property — Justice's  court,   No.   1041. 

Complaint — Refusing    to    "move    on    and    disperse" — Justice's    court, 

No.  1023. 
Complaint — Residing  in  a  house  of  ill-fame — Justice's  court,  No.  1005. 
Complaint — Selling  lottery  tickets — Justice's  court,  No.   1010. 
Complaint — Simple  assault — Justice's  court.  No.   1001. 
Complaint — Vagrancy — Justice's  court,  No.  987. 
Complaint — Violation  of  fire  ordinance — Justice's  court,  No.  1024. 
Complaint — Violation    of     hack    ordinance  —  Disobedience    of     police 

directions — Justice's  court.  No.  1025. 
Complaint — Violation    of    hack    ordinance — Soliciting    business — Jus- 
tice's court.  No.  1026. 
Complaint — Violation  of  health   ordinance — Leaving   stagnant   water, 

etc.  upon  premises — Justice's  court,  No.  1027, 
Complaint  —  Violation    of    health    ordinance  —  Wrongful   placing    of 

vault — Justice's   court.  No.   1028. 
Complaint — Violation  of  water  ordinance — Justice's  court,  No.  1029. 
Complaint — Visiting  a  gambling-house — Justice's  court.  No.  1030. 
Complaint — Visiting  a  house  of  ill-fame — Justice's  court.  No.  1031. 
Complaint — Visiting   gambling-house — Justice's   court.   No.    1032. 
Complaint — Visiting  place  where  opium  is  used — Justice's  court,  No. 

1007. 
Complaint — Vulgar  language — Justice's  court.  No.  1033. 
Complaint — Uttering  fictitious  check,  etc. — Justice's  court.  No.  1040. 
Complaint  for  crime — Justice's  court.  No.  983. 
Complaint  for  crime — Justice's  court — North  Dakota,  No.  984. 
Complaint  for  cruelty  to  animals — ^Justice's  court.   No.   988. 
Selling   intoxicating   liquors   to    common   drunkards   or   to   Indians — 

Justice's  court.  No.  1000. 

Contempt. 

Warrant  for  contempt — Justice's  court — Washington,  No.  1132. 

Continuance. 

Undertaking  on  adjournment  for  more  than  ten  days — Justice's  court. 
No.  1156. 

Execution. 

Execution — Justice's  court.  No.  1645. 

Gamisliment. 

Garnishment  summons — ^Justice  of  the  peace — ^Washington,  No.  606, 
Garnishment  summons — Justice's  court — North   Dakota,   No.   604. 
Writ  of  garnishment — Justice  of  the  peace — Washington,  No.  609, 

Indorsement. 

Indorsement  of  order  of  arrest — Justice's  court,  No,  442. 
Indorsement  of  venire — Justice's  court.  No.  3783, 


Index.  1363 

JUSTICES'  COURTS  (Continued). 

Inspection  of  Papers. 

Inspection,  request  for — Justice's  court,  No.  2156. 

iTistructions. 

Instructions  by  judgment  debtor  to  ofiBcer — Justice's  court,  No.  1662. 
Instructions  to  officer  to  garnish — Justice's  court.  No.  1663. 

Judgments  and  Decrees. 

Certificate  of  conriction — Justice's  court — Washington,  No.  2233. 
Certificate    to   copy   of   judgment   of   imprisonment — Justice's    court, 

No.  2229. 
Judgment  after  trial — Justice's  court — Oregon,  No.   2249, 
Judgment  against    defendant     (fiduciary    capacity) — ^Justice's    court, 

No.   2241. 
Judgment  by  justice  of  the  peace  when  defendant  is  subject  to  arrest, 

No.  448. 
Judgment  for  damages  in  lieu  of  return — Justice's  court.  No.  2238. 
Judgment  for  defendant — Justice's  court,  No.  2239. 
Judgment  for  defendant  on  counterclaim — Justice's  court,  No.  2240. 
Judgment  for  plaintiff — Money  demand — Justice's  court.  No.  2234. 
Judgment  for  possession   of   personal   property — -Justice's    court.    No. 

2235. 
Judgment  for  possession  of  personal  property  and  damages.  No.  896. 
Judgment  for  return  of  personal  property — Justice's  court,  No.  2237. 
Judgment  for  value  of  personal  property — Justice's  court.  No.  2236. 
Judgment  for  want  of  answer — Justice's  court — Oregon,  No.  2248. 
Judgment  of  conviction    (of   imprisonment   and   that    defendant   pay 

costs),  after  trial  by  court — Justice's  court,  No.  2230. 
Judgment  of  fine  after  trial  by  court' — Justice's  court,  No.  2231. 
Judgment  of  imprisonment  after  trial  by  court — Justice's  court.  No. 

2228. 
Judgment  of   imprisonment   and   fine   after  trial   by   court — Justice's 

court,  No.  2232. 
Judgment  on  verdict — Justice's   court — ^Criminal   court.   No.   2242. 
Judgment  where  defendant  is  subject  to  arrest — Justice's  court,  No. 

2250. 

Notices. 

Notice  of  appeal  from  justice's  court  to  superior  court.  No.  359. 

Notice  of  hearing — Justice's  court,  No.  2784. 

Notice  of  justification  of  sureties — Justice's  court,  No.  2294. 

Notice  of  setting  transferred  case  for  trial — Justice's  court,  No.  2786. 

Notice  that  case  is  set  for  trial — Justice's  court.  No.  2785. 

Notice  that  defendant  excepts  to  sufficiency  of  sureties  on  attach- 
ment or  appeal  bond — Justice's  court.  No.  2291. 

Notice  to  defendant  that  his  sureties  must  justify — Justice's  court, 
No.  2292. 

Notice  to  plaintiff  of  arrest — Justice's  court,  No.  445. 


1364  Index. 

JUSTICES'  COURTS  (Continued). 

Orders. 

Order  of  substitution — Justice's  court,  No.  3503. 
Order  transferring  cause — Justice's  court,  No.  866h. 

lieturn. 

Eefurn  and  certificate  of  service  by  officer — Justice's  court,  No.  3551. 
Return  and  certificate  of  service    of    summons,    order   of   arrest,    and 

notice  to  plaintiff — Justice's  court,  No.  446. 
Return  of  service  of   notice  of   setting   case   for   trial  or   hearing  of 

demurrer — Justice's  court,  No.  2787. 
Return  on  attacbment  of  personalty — ^Justice's  court,  No.  615. 

Bvibstitution  of  parties. 

Conditional  order  of  substitution  of  party — Justice's  court,  No.  3502. 
Notice  to  plaintiff   of  application   for  substitution  of  party   defend- 
ant— Justice's  court.  No.  3501. 
Order  of  substitution — Justice's  court,  No.  3503. 

Bummons. 

Alias  summons  in  action  to  foreclose  liens  on  chattels  or  trespassing 

animals — Justice's   court — North   Dakota,   No.   3554. 
Alias  summons — Justice's  court.  No.  3544. 
Certificate  to  be  attached  to  summons  to  be  served  out  of  the  county 

— Justice's  court,  No.  3553. 
Complaint  and  notice — Justice's  court — Washington,  No.  3549. 
Return  and  certificate  of  service,  by  officer — Justice's  court,  No.  3551. 
Summons — Alaska — Justice  of  the  peace,  No.  3584. 
Summons — Justice's  court.  No.   3543. 
Summons — Justice's  court — Colorado,   No.   3545. 
Summons — Justice's  court — Oregon,   No.   3546. 
Summons — Justice's  court — Utah,   No.   3547. 
Summons — Justice's  court — Washington,  No.  3548. 
Summons  out  of  municipal  court — ^Utah,  No.  3542. 
Summons    to   corporation    for   violation    of    city    ordinance — Justice's 

court— Utah,   No.   3582. 
Summons  to  corporation — Justice's  court.   No.   3581. 

•    Trial. 

Trial — Notice  of — Justice's  court.  No.  2785. 

Vndertahings. 

Undertaking  for  arrest  in  justice's  court — Oregon,  No.  449. 

Undertaking  for  arrest  in  justice's  court — Washington,   No.  450. 

Undertaking  for  costs  on  appeal — Justice's  court  to  superior  court, 
No.  360. 

Undertaking  on  adjournment  for  more  than  ten  days — Justice's  court, 
No.  1156. 

Undertaking  on  admission  to  bail — Justice's   court,    No.    480. 

Undertaking  on  admission  to  bail — Justice's  court — Alaska  and  Ore- 
gon, No.  481. 


Index.  1365 

JUSTICES'  COUETS  (Continued). 

Undertaking  on  appeal  from  judgment  directing  delivery  of  posses- 
sion of  real  property— Justice's  court  to  superior  court,  No.  36r.. 

Undertaking  on  appeal  from  jud,gment  for  recovery  of,  or  to  fore- 
close a  lien  on,  specific  personal  property— Justice's  court  to 
superior  court,  No.  362. 

Undertaking  on  appeal  from  judgment  of  fine  and  imprisonment — 
Justice's  court  to  superior  court,  No.  364. 

Undertaking  on  appeal  from  judgment  of  imprisonment  —  Justice's 
court  to  superior  court,  No.  365. 

Undertaking  on  appeal  from  justice's  court  in  criminal  case— W/oa 
ming,  No.  868. 

Undertaking   on   appeal    from   money    judgment  —  Justice's   court   to 
superior  court.  No.  361. 
Undertaking  on  appeal— Unlawful  detainer— Justice's  court  to  superior 
court,  No.  366. 

Undertaking  on  attachment — Justice's   court,   No.   569. 

Undertaking  on  release  of  attachment — Justice's  court,  No.  597. 

Venire. 

Indorsement  on  venire — Justice's  court,  No.  3783. 
Venire — Justice's  court,  No.  3782. 

Warrant. 

Warrant  of  arrest — Justice's  court,  No.  469. 
Warrant  of  arrest— Justice's  court.  No.  3852. 
Warrant  of  arrest — Justice's  court— Washington,  No.  470. 

Writs. 

"Writ"  of  arrest  in  justice's  court — Oregon,  No.  451. 

JUSTIFICATION  OF  SURETIES. 

Affida\^t  of  sureties  on  bail  bond,  in  San  Francisco,  No.  2288. 
Affidavit  of  sureties  on  official  bond.  No.  2289. 
Examination  and  justification  of  sureties.  No.  2295. 
Justification  of  sureties  in  civil  eases,  No.  2285. 
Justification  of  sureties  in  criminal  cases,  No.  2287. 
Justification  of  sureties  on  official  bond — Hawaii,  No.  823. 
Justification  of  sureties  on  state  or  county  bonds,  No.   811. 
Justification  of  sureties    on   undertaking   or   bond   where   more    than    two 

sureties,  No.  2286. 
Notice   of   exception  to   sufficiency   of   sureties  on  undertaking   on   claim 

and  delivery.  No.  2290. 
Notice  of  justification  of  sureties.  No.  2293. 
Notice  that   defendant  excepts  to  sufficiency   of  sureties   on   attachment 

or  appeal  bond — Justice's  court.  No.  2291. 
Notice   to   defendant   that  his  sureties  must  justify— Justice's  court,   No. 
2292. 


1366  Index. 

juvenile  ooubt  law. 

Afla.davit  of  posting  notice  of  hearing,  No.  2311. 

Bench  warrant,  No.  2305. 

Certification  to  juvenile  court,  No.  2303. 

Citation,  No.  2307. 

Commitment  to  private  institution,  No.  2316. 

Commitment  to  probation  officer,  No.  2314. 

Commitment  to  reputable  person.  No.  2315. 

Commitment  to  state  school.  No.  2317. 

Contributory  complaint.  No.  2302. 

Decree,  No.  2313. 

Idaho — Clerk's  certificate  to  be  attached  to  commitment.  No.  2319. 

Idaho — Commitment  to  industrial  training  school.  No.  2318. 

Notice  of  hearing  petition,  No.  2310, 

Petition,  No.   2300. 

Petition  under  section  1,  subdivision  13,  Juvenile  Court  Law,   1915,  No. 

230L 
Subpoena,  No.  2312. 

Utah — Notice  of  hearing  as  to  delinquent,  No.  2320. 
Waiver  of  service  of  citation.  No.  2308. 
Waiver  of  service  of  citation  and  consent  to  adjudication  as  ward  of  the 

juvenile  court.  No.  2309. 
Warrant,  No.  2304. 
Warrant  for  arrest  of  person  having  control  of  delinquent  or  dependent 

child,  No.  2306. 


KEEPING  THE  PEACE. 

Commitment  to  keep  the  peace — Oregon,  No.  2353. 

Information  for  threatened  offense.  No.  2350. 

Undertaking,  or  peace  bond.  No.  2352. 

Warrant  of  arrest  for  threatened  offense — Washington,  No.  2351. 


LABOE.     See  Liens;  Mining. 

LABORERS'  CLAIMS. 

Notice  to  assignee  of  preferred  claim  for  labor  done,  No.  2366. 

Notice  to  claimant  that  claim  is  disputed,  No.  2371. 

Notice  to  creditor  or  defendant  of  laborer's  claim,  No.  2368. 

Notice  to  officer  of  laborer's  claim.  No.  2367. 

Notice  to  officer  that  laborer's  claim  is  disputed  by  creditor,  No.  2369. 

Notice  to  officer  that  laborer's  claim  is  disputed  by  defendant.  No.  2370. 

Verified  statement  of  laborer's  claim,  No.  2364. 

Verified  statement  denying  claim  for  labor,  No.  2365. 

LANDLORD  AND  TENANT. 

Acknowledgment  of  tenancy,  No.  2377. 
Notice  of  change  of  terms  of  lease,  No.  2380. 


Index.  1367 

LANDLOED  AND  TENANT  (Contimiod). 

Notice  of  interest  by  one  in  possession,   No.   2381. 
Notice  of  quitting  premises  by  tenant,  No.  2378. 
Notice  of  termination  of  tenancy  at  will,  No.  2382. 
Notice  terminating  tenancy,  No.  2386. 
Notice  to  deliver  possession  at  end  of  term,  No.  2385. 
Notice  to  pay  rent  or  surrender  possession,   No.   2385. 
Notice  to  perform  covenants  of  lease,  No.  2384. 
Notice  to  quit  by  landlord,  No.  2379. 

LEASES, 

Chattel  mortgage  to  secure  performance  of  lease,  No.  2719. 

Common  form  of  lease,  No.  2400. 

Complaint  for  breach  of  covenant  of  quiet  enjoyment,  No.  2448. 

Complaint  for  hire  of  furniture.  No.  2449. 

Complaint  for  rent  of  land — Justice's  court,  No.  2450. 

Complaint  on  promise  to  pay  in  consideration  of  surrender  of  lease,  No. 

2447. 
Contract  by  landlord..  No.  2454. 
Contract  by  tenant,  No.  2455. 

Contract  of  surety  for  payment  of  rent.  No.  2446. 
Covenant  as  to  holding  over.  No.  2414. 

Covenant  excepting  leasehold  in  case  of  execution  or  bankruptcy,  No.  2452. 
Covenant  excepting  right  of  way,  No.  2415. 
Covenant  excepting  timber,  etc.,  on  premises,  No.  2416. 
Covenant  excepting  waterway,   No.   2417. 
Covenant  for  quiet  enjoyment.  No.  2433. 
Covenant  not  to  assign,   underlet,   alter  or  improve  without   license   from 

lessor.   No.   2420. 
Covenant  not  to  carry  on  noxious  or  offensive  trade,  nor  permit  it  to  be 

done,  No.  2422. 
Covenant  not  to  lop  trees,  etc.,  No.  2421. 

Covenant  that  landlord  may  enter  to  inspect  premises,  etc..  No.  2424. 
Covenant  that  landlord  may  enter  to  make  inventory,  etc.,  No.  2425. 
Covenant  that  lessee  may  deduct  taxes  and  charges  of  repairs  out  of 

rent.  No.  2418. 
Covenant  that  lessee  may  quit.  No.   2434. 
Covenant  to  deliver  possession,  No.  2426. 
Covenant  to  erect  brick  building,  No.  2427. 

Covenant  to  expend  a  stated  sum,  in  a  given  time,  for  repairs,  No.  2423. 
Covenant  to  occupy  premises.  No.  2429. 
Covenant  to  insure,  No.  2428. 
Covenant  to  pay  rent,  No.   2411. 
Covenant  to  pay  taxes.  No.  2412. 
Covenant  to  renew  lease.  No.  2419. 
Covenant  to  repair.  No.  2413. 
Covenant  to  repair,  after  notice,  No.  2430. 
Covenant  to  repair,   lessor  finding  materials,  No.   2431. 
Covenant  to  restore  personal  property,  No.  2432. 


1368  Index. 

LEASES  (Contimiea). 

Covenant  to  sell  inheritance  to  lessee  upon  request,  No.  2435. 

Farm  lease  on  shares,  No.  2402. 

Grant  of  additional  term.  No.  2443. 

Lease,  by  state  to  individual,  of  mineral  land — "Washington,  No.  2408. 

Lease  for  time  certain,  with  privilege  of  extension  terminable  on  notice, 

No.  2401a. 
Lease  of  furniture,  No.   2444. 
Lease  of  goods,  No.  2445. 
Lease  of  mining  claim,  No.  2409. 
Lease  of  oil  land,  No.  2410. 

Lease  with  covenants  as  to  underletting,  waste  and  repairs,  No.  2401. 
Lease,  with  covenant  by  lessee  to  build.  No.  2403. 
Lease  with  covenant  by  lessor  to  build.  No.  2404. 
Lease  with  provision  for  holding  over.  No.  2405. 
Notice  to  perform  covenants  of  lease,  No.  2453. 
Proviso  for  lease  to  be  void  upon  death  of  lessee,  No.  2436. 
Proviso  that  either  party  may  determine  lease  on  giving  prescribed  notice, 

No.  2437. 
Proviso  that  landlord  may  re-enter  upon  nonpayment  of  rent  or  assignment 

of  lease  without  license.  No.  2438. 
Proviso  that  lease  may  be  determined  at  option  of  lessor,  No.  2439. 
Proviso  that  lessee  may  determine  lease,  and  how.  No.  2440. 
Proviso  that  lessor  may  enter  for  nonpayment  of  rent,  or  commission  of 

waste,  etc.,  No.  2442. 
Proviso  that  lessee  may  purchase  premises,  No.  2441. 
Short  form  of  lease.  No.  240S. 
Surrender  of  lease.  No.  2407. 

LEGACY. 

Legatee's  bond.  No.  776. 

Legacies,  pecuniary,  No.  3911. 

Eelease  by  a  legatee  upon  his  coming  of  age.  No.  3255. 

Release  of  legacy,  No.  3254. 

LETTERS. 

Letter  of  attorney  in  fact  when  creditor  is  not  represented  by  attorney 

at  law,  No.  GSO. 
Letters  of  administration — Nevada — Statutory  form.  No.  1759. 
Letters  of  administration — North  Dakota — Statutory  form.  No.  1760. 
Letters  of  administration — Oklahoma     and     South     Dakota — Statutory 

form,  No.  1761. 
Letters  of  administration — Oregon — Statutory  form,  No.  1762. 
Letters  of  administration — Utah — Statutory  form,  No.  1763. 
Letters  of     administration — Washington — Statutory  form,  No.  1764. 
Letters  of  administration — Wyoming — Statutory  form,  No.  1765. 
Letters  of  administration  with  oath  of  administrator,  No.  1758. 
Letters  of  administration  with  the  will  annexed,  executor  dying  after 

qualifying.  No.  1779. 


Index.  13  G9 

LETTETIS  (Continued). 

Letters   of   administration  with   the   will   annexed,  will   not  appointing 

executor,  No.  1778. 
Letters   of  administration   with   the    will    annexed — Nevada — Statutory 

form,  No.  1781. 
Letters    of    administration    with    will    annexed — Oklahoma    and    South 

Dakota — Statutory  form,  No.  1783. 
Letters  of  administration  with  the  will  annexed — Wyoming — Statutory 

form,  No.  1786. 
Letters  of  attorney  in  fact.  No.  681. 
Letters  of  guardianship,  No.  2010. 
Letters  of  testamentary  administration — North  Dakota — Statutory  form, 

No.  1782. 
Letters  testamentary,  No.  1767. 

Letters  testamentary — Nevada — Statutory  form,  No.  1768. 
Letters  testamentary — ^Statutory  form — North  Dakota,  No.  1770. 
Letters    testamentary — Statutory    form — Oklahoma    and    South   Dakota, 

No.  1771. 
Letters  testamentary — Statutory  form — Oregon,  No.  1769. 
Letters  testamentary — Statutory  form — Utah,  No.  1772. 
Letters  testamentary — Statutory  form — Washington,  No.  1773. 
Letters  testamentary — Statutory  form — Wyoming,  No.  1774. 
Letters   testamentary   with   will   annexed — Statutory  form — California, 

No.  1780. 

LIBEL  AND  SLANDER. 

Answer — Justification  of  lihel  publication,  No.  2487. 

Answer — Justification  of  libel  publication  and  mitigating  circumstances, 

No.  2486. 
Answer — ^Justification  of  truth  of  publication.  No.  2485. 
Complaint  for  libel    in    charging    crime — Words    not    libelous    on    their 

face,  No.  2481. 
Complaint  for  libel  charging    plaintiff    with    violating    trust    as    agent, 

No.  2480. 
Complaint  for  libel  for  words  spoken  in  foreign  language,  No.  2484. 
Complaint  for  libel  indirectly  charging  perjury,  No.  2482. 
Complaint  for  libel — Words  not  being  libelous  in  themselves.  No.  2483. 

LICENSE. 

Complaint — Doing  business  without  a  license — Justice's  court,  No.  990. 

License — Exclusive  territorial  grant  by  an  assignee,  No.  2936. 

License — Not  exclusive  with  royalty.  No.  2938. 

License— Shop  right.  No.  2937. 

License  to  use  wall  of  adjoining  building.  No.  2901. 

LIENS.     See  Foreclosure  of  Mechanic's  Lien;  Release. 

Affidavit  for  attachment  when  plaintiff  has  lien  upon  logs  and   timber 
for  labor  performed.  No.  2512. 


1370  Index. 

LIENS  (Continued). 

Afifidavit  of  owner  to  notice  of  completion,  No.  2507. 

Affidavit  on  behalf  of  owner  to  notice  of  completion,  No.  2508. 

Affidavit  to  claim  for  mechanic's  lien — Washington,  No.  2510. 

Affidavit  to  claim  of  lien — Fishing  industry — ^Oregon,  No.  2517. 

Affidavit  to  claim — Oregon,  No.  2520. 

Answer  alleging  lien  on  goods  as  manufacturer,  etc.,  No.  2522. 

Answer  alleging  lien  upon  goods  for  storage,  No.  2523. 

Claim  against  bond  given  on  contract  for  public  work — Washington, 
No.  2511. 

Claim  for  mechanic's  lien — Washington,  No.  2509. 

Laborer's  lien.     See  Lien. 

Notice  of  architect's  claim  of  lien.  No.  2503. 

Notice  of  claim  of  lien — Fishing  industry — Oregon,  No.  2516. 

Notice  of  claim  of  lien  for  propagating  animals,  No.  2514. 

Notice  of  claim  of  lien  on  railroad  property — Oregon,  No.  2521. 

Notice  of  claim  of  lien  upon  chattels,  for  labor,  skill  and  materials  ex- 
pended— Oregon,  No.  2518. 

Notice  of  claim  of  lien  upon  chattels,  for  labor,  skill  and  mateiials  ex- 
pended^— ^Washington,  No.  2519. 

Notice  of  completion  of  work,  No.  2506. 

Notice  of  contractor's  claim  of  lien.  No.  2498. 

Notice  of  laborer's  claim  of  lien.  No.  2502. 

Notice  of  lien  of  laborer  to  officer  holding  attachment,  No.  2527. 

Notice  of  materialman's  claim  of  lien,  No.  2501. 

Notice  of  performance  of  labor  for,  or  of  furnishing  materials  to,  con- 
tractor— "\r\'ithhold  notice.  No.  2505. 

Notice  of  public  sale  by  bolder  of  lien  for  services  rendered  on  chattel, 
No.  2525. 

Notice  of  sale  of  impounded  animal  to  satify  lien,  No.  2524. 

Notice  of  sale  of  impounded  property  to  satisfy  lien.  No.  2513. 

Notice  of  subcontractor's  claim  of  lien.  No.  2500. 

Notice  that  owner  will  not  be  responsible  for  improvements,  No.  2504, 

Notice  to  assignee  of  lien  of  servant,  etc..  No.  2526. 

Release  of  lien  on  land  by  a  judgment  creditor,  No.  3256. 

Verification  of  claim  of  lien,  No.  2499. 

LIMITATIONS.     See  Statute  of. 

LIS   PENDENS.     See    Notices. 

Lis  pendens — Action  to  quiet  title.  No.  3183, 
Lis  pendens  in  partition.  No.   2862. 
Lis  pendens — McEnerney  Act,  No.  3299, 

LOCATION  NOTICE.     See  Mining. 

LODE    CLAIM.     See    Mining. 


Index.  1371 

LOST  INSTEUMENTS. 

Lost  instruments — Complaint  on  lost  note,  No.  3142. 

LOST  PROPE'RTY. 

Affidavit  of  finder  of  lost  property,  No.  2556. 
Appraisement  of  lost  property.  No.  2557. 

LOST  WILL.     See  Wills,  Probate  of. 

Certificate  of  proof  of  lost  will,  Nos.  3970,  3987. 

LOTTERY  TICKETS. 

Complaint — Having  a  lottery  ticket  in  possession — Justice's  court,  No. 

1016. 
Complaint — Keeping  office   open  for   sale   of   lottery   tickets — Justice's 

court,  No.  1008. 
Complaint — Maintaining  lottery — Justice's  court,  No.  1009. 
Complaint — Selling  lottery  tickets — Justice's  court,  No.  1010. 


MALICIOUS  MISCHIEF. 

Complaint — Malicious  misctief — Justice's  court,  No.  995. 

MALICIOUS  PROSECUTION. 

Any"STer  justifying  arrest  on  criminal  process,    No.    2583. 

Answer  justifying  arrest  on  suspicion,   No.   2582. 

Complaint  for  malicious  arrest,  No.   2581. 

Complaint  for  malicious  prosecution — Opening  flume.  No.  2580. 

MANDAMUS. 

Alternative  writ  of  mandamus.  No.   2589. 
Peremptory  writ  of  mandamus,  No.   2590. 
Petition  for  writ  of  mandamus,  No.  2588. 

MARITIME  PROTEST. 

Maritime  protest  extended  before  another  notary.  No.   3160. 
Maritime  protest  extended  before  same  notary,  No.  3158. 
Maritime  protest  for  distress  of  weather — Notation  of,  No.  3157. 

MARRIAGE.     See  Divorce. 

Answer  alleging  marriage  of  defendant.   No.    2603. 
Answer  alleging  marriage  of  defendant,  No.  2G04. 
Answ^er  alleging  marriage  of  plaintiff,  No.  2602. 
Declaration  of  marriage  where  there  is  no  record,  No.  2601. 
Marriage  ceremony,  No.  2600. 

MASSACHUSETTS  TRUSTS. 

Agreement  and  declaration  of  trust.  No.  2610. 

Agreement  and  declaration  of  trust — Another  form.  No.  2611. 


1372  Index. 

MATEBIALMAN'S  LIEN.     Seo   Lien. 
MCENE.RNET  ACT.     See  Restoration  of  Titles. 
MECHANICS'  LIENS.     See  Liens;  Foreclosure  of  Liens. 

MEMORANDUM   OF   COSTS. 

Memorandum  of  costs,  No.  1358. 

MINING.     See  Oil  Lands. 

Affidavit  of  annual  work  and  improvements,  No.  2624. 

Affidavit  of  five  hundred  dollars  improvements,  No.  2631. 

Affidavit  of  locators  of  lode  claims — Idalio,  No.  2623. 

Agreement  of  publisher.  No.  2633. 

Application  for  patent,  No.  2G28. 

Application   to   United   States   surveyor-general   for   survey   of   mining 

claim,  No.  2625. 
Bond  for  deed  of  mining  property,  No.  767. 
Certificate  of  identity  of  claim,  No.  2627. 
Certificate   on   application  for   mining  patent  that  no  suit  is   pending, 

No.    2643. 
Deed  of  mining  claim.  No.  1441. 
Deed  to  incorporate  mining  company,  No.  1442, 
Estimate  of  United  States  surveyor-general  for  office  work  for  mining 

claim,  No.  2626. 
Lease  of  oil  land,  No.  2410. 
Mining  claim,  lease  of.  No.  2409. 

Nonmineral  affidavit  (to  be  used  in  case  of  a  mill  site),  No.  2636. 
Notice  of  application  for  a  patent  for  lode  claim.  No.  2638. 
Notice   of   application  for   a  United   States  patent  for  mining   claim, 

No.   2629. 
Notice  of  location  of  lode  claim,   No.    2622. 
Notice  of  location  of  oil  claim,  No.  2621. 
Notice  of  location  of  placer  claim.  No.  2620. 
Notice  to  co-owner  of  mine  to  contribute,  No.  2645. 
Power  of  attorney  to  make  application  for  entry  of  government  land, 

No.  2634. 
Proof   of  labor,   No.   2632. 

Proof  of  ownership  and  possession  in  case  of  loss  or  absence  of  min- 
ing records.  No.  2635. 
Proof  of  posting  notice  and  diagram  on  mining  claim.  No.  2630. 
Proof  of  publication  on  application  for  mining  patent.  No.  2639. 
Proof  that  no  known  veins  exist  in  a  placer  mining  claim.  No.  2637. 
Proof  that  plat  and  notice  remained  posted  on   claim   during  time   of 

publication.   No.  2640. 
Protest  and  adverse  claim  on  application  for  mining  patent,  No.  2644. 


Index.  1373 

MINING  (Continued). 

Register's  certificate  of  posting  notice  of  application   for  mining  pat- 
ent, No.   2642. 
Statement  of  fees  and  chaiges  on  application  for  mining  patent,  No. 
2641. 

MINOR. 

Complaint — Employing  a  minor  in  exhibition — Justice's  court,  No.  1015. 

MONEY  HAD  AND  RECEIVED. 

Complaint  for  money  had  and  receired,  No.  2666. 
Complaint  for  money  had  and  received,  No.  2667. 

MONEY   LOANED. 

Complaint  against  borrower  for  money  loaned,  No.  2680. 
Complaint  for  money  lent  by  plaintiff's  testator,  No.  2681. 

MONEY   PAID. 

Complaint  for  money  paid  out,  No.  2693. 
Complaint  for  money  paid  to  third  party,  No.  2691. 
Complaint  for  repayment    of    money    paid    where    judgment     reversed, 
No.    2692. 

MORTGAGE.     See    Chattel   Mortgage;    Foreclosure   of    Mortgage;    Probate 

Mortgage;  Release  and  Satisfaction. 
Affidavit  to  chattel  mortgage  on  behalf  of  corporation.  No.  2716. 
Answer  denying  execution  of  mortgage  by  codefendant,  No.  272-1, 
Chattel  mortgage — General  form.  No.  2715. 
Chattel    mortgage — North    Dakota,    Oklahoma    and    South    Dakota,    No. 

2721. 
Chattel  mortgage— Statutory  form — California,  No.  2717. 
Chattel  mortgage  to  secure  performance  of  lease.  No.  2719. 
Code   mortgage.   No.   2700. 
Complaint  in  an  action  to  have   a  deed  absolute  declared  a  mortgage, 

and  for  an  accounting  of  rents  and  profits,  No.  2722. 
Complaint  to  cancel  deed  and  correct  mortgage.  No.  2723. 
Crop  mortgage.  No.  2718. 
Mortgage,  binding    mortgagor    to    pay    taxes    and    to    insure    property, 

No.   2707. 
Mortgage  by  a  corporation,  No.  2710. 
Mortgage  by  administrator.  No.  3043. 
Mortgage — Deed  with  defeasaiico — Arizona,  No.  2703. 
Mortgage  for  less  than  one  hundred  dollars — Washington,  No.  2720. 
Mortgage — Grant  with   defeasance,   No.   2709. 
Mortgage — Notice  of  intended  sale  under,  No.  2788. 
Mortgage  of  real  property — Colorado,  No.  2725. 
Mortgage — Partial  release.  No.  3257. 


1374  Index. 

MORTGAGE'  (Continued). 

Mortgage — Utah,  No.   2701, 

Mortgage — Satisfaction  ot",  No.  3259. 

Mortgage — Short   form — Wyoming,   No.   2703. 

Mortgage  (statutory) — Montana,  No.   2726. 

Mortgage  (statutory)- — ^North  Dakota,  No.  2727. 

Mortgage  (statutory) — South  Dakota,  No.  2728. 

Mortgage  to  secure  money   payable  in   installments,  No.   2705. 

Mortgage  to  secure  promissory  note,  No.   270-i. 

Mortgage — Washington,  No.  2702. 

Mortgage,  with  power  of  sale,   etc..  No.   2706. 

OrrL^r  authorizing  mortgage  to  be  given  by  church  or  society.  No.  2714. 

Order  filing  time  and  place  of  hearing  petition  to  mortgage  property 

of  church  or  society,  No.  2713. 
Petition  for  mortgage  of  property  of  church  or  society.  No.  2711. 
Satisfaction  of  mortgage,  No,  3259. 
Satisfaction  of  mortgage  after  foreclosure.  No.  3260. 
Satisfaction  of  mortgage  (statutory) — South  Dakota,  No.  3261. 

MOTION.     See  New  Trial  j   Notices. 

Motion  for  change  of  place  of  trial,  No.  862. 

Motion— Notice  of,  No.  2780. 

Motion  to  substitute  parties — Notice  of,  No,  2783. 

MURDEH. 

And  shooting — Information  for,  No.  2110, 

Indictment  for  murder  with  instrument  unknown.  No,  2112. 

Information  for  murder  and  shooting.  No.  2110. 

MUTUAL  RELEASE. 

Mutual  release,   No.   3252. 


NEGLIGENCE. 

Complaint  against  municipal  corporation  for  damages  arising  through 

negligent  control  of  water  supply.  No.  2741. 
Complaint   against   telegraph    company   for   negligence    in    transmitting 

message,  No.  2744. 
Oomplaint  against  water   company   for   negligence  in   permitting  water 

to  escape.  No,  2743. 
Complaint  for  damages  for  injuries  received  on  an  elevator.  No.  2740. 
Complaint  for  negligence  leaving  pile  of  earth  in  highway,  No.  2742. 

NEGOTIABLE  INSTRUMENTS,     See  Bills;  Bonds;  Promissory  Notes;  Pro- 
test. 


Index.  1375 

NEW  TRIAL.     See  Motion. 

Affidavit   in   support   of   motion   for  new   trial   on   ground   of   abuse   of 

discretion  by  court,  No.  2761. 
Notice  of  intention  to  move  for  new  trial,  No.  2760, 

NOMINATION. 

Nomination  of  guardian  bj'  minor,  No.  2002. 

NONMINERAL   AFFIDAVIT. 

Nonmineral  affidavit  (to  be  used  in  case  of  a  mill  site).  No.  2G36. 

NONSUIT. 

Nonsuit,  judgment  of,  upon  opening  statement  ot  counsel,  No.  2244. 

NOTARY.     See  Acknowledgment. 
Notary's  bond,  No.   773. 

NOTES.     See  Bills;  Pledge;  Promissory  Notes. 

Installment  note  secured  by  mortgage,  No.  3135. 

NOTICES. 

Notice.     See  Notice  to  Creditors, 

Notice  by  assignee   of   assignment  of  debt.  No.   505. 

Notice  by  cJerk  of  filing  transcript  on  appeal,  No.  354. 

Notice  by  creditor  of  assignment  of  debt,  No.  504. 

Notice  by  surety  to  his  guarantors  to  defend  action  on  a  bond  signed 

by  surety  and  guarantor,  No.  808. 
Notice  of  acceptance  of  substitution,  No.  3481, 
Notice  of  annual  meeting.  No.  13u5. 
Notice  of  annual  meeting,  No.  1306. 

Notice  of  annual  meeting  of  railroad  company.  No.   133S. 
Notice  of  appeal — Alternative  method.  No.  352. 
Notice  of  appeal  from  justice's  court  to  superior  court,  No.  359. 
Notice  of  appeal  to  supreme  court.  No.  350. 
Notice  of  appearance,  No.  380. 

Notice  of  application  for  discharge  from  imprisonment.  No.  447. 
Notice  of  application  for  letters  of  administration.  No.  1751. 
Notice  of  application  for   United   States   patent   for   mining   claim,  No. 

2629. 
Notice  of  application  to  be  restored  to  premises.  No.  3712. 
Notice  of  application  to  disincorporate.  No.  1337. 
Notice  of  architect's  claim  of  lien,  No.  2303. 
Notice  of  assignment  of  legacy,  No.  524. 
Notice  of  attachment,  No.  586. 

Notice  of  attachment  by  puLlicalion — Wyoming,  No.  589. 
Notice  of  attachment  of  stocks  or  shares.  No.  587. 


1376  Index. 

NOTICES  (Continued). 

Notice  of  change  of  place  of  business,  No.  1298. 
Notice  of  change  of  terms  of  lease,  No.  2380. 
Notice  of  claim  of  lien— Fishing  industry— Oregon,  No.  2518. 
Notice  of  claim  of  lien  for  propagating  animal,  No.  2514. 
Notice  of  claim  of  lien  on  railroad  property— Oregon,  No.  2521. 
Notice  of  claim  of  lien  upon  chattels  for   labor,   skill  and   materials  ex- 
pended— Oregon,  No.  2518. 
Notice  of  claim  of  lien  upon  chattels,  for  labor,  skill  and  materials  ex- 
pended—Washington, No.  2519. 
Notice  of  completion  of  work.  No.  2506. 
Notice  of  constable's  sale,  No.  1700. 
Notice  of  contractor's  claim  of  lien.  No.  2498. 

Notice  of  day  fixed  for  hearing  return  of  sale  of  real  estate,  No.  3099. 
Notice  of  delinquent  sale.  No.  1315. 
Notice  of  directors'  regular  meeting,  No.  1307. 
Notice  of  directors'  special  meeting,  No.  1308. 
Notice  of  dissolution  of  copartnership.  No.  2886. 
Notice  of  dividend  in  bankruptcy,  No.  695. 
Notice  of  entry  of  judgment,  No.  2258. 
Notice  of  exception  to  sufficiency  of  sureties,  No.  889. 
Notice  of  exception  to  sufficiency  of   sureties  on   undertaking  on   claim 

and  delivery.  No.  2290. 
Notice  of  filing  award  to  be  served  on  adverse  party,  No.  399. 
Notice  of  first  meeting  of  creditors.  No.  677. 

Notice  of  foreclosure,  by  advertisement — North  Dakota,  No.  1964. 
Notice  of  hearing — Justice's  court.  No.  2784. 

Notice  of  hearing  on  application  before  railroad  commission.  No.  3210. 

Notice  of  hearing  of  arbitration.  No.  395. 

Notice  of  hearing  of  first  and   final   account  of  administratrix  and  peti- 
tion for  final  distribution.  No.  1572. 

Notice  of  hearing  on  complaint  before  railroad  commission,  No.  3208. 

Notice  of  hearing  petition  to  invest  funds,  No.  1833. 

Notice  of  intended  sale  under  mortgage  of  deed  of  trust,  No.  2788. 

Notice  of  interest  by  one  in  possession.  No.  2381. 

Notice  of  intention  to  become  sole  trader,  No.  3370. 

Notice  of  intention  to  move  for  new  trial.  No.  2760. 

Notice  of  justification  of  sureties,  No.  2293. 

Notice  of  justification  of  sureties — Justice's  court,  No.  2294. 

Notice  of  laborer's  claim  of  lien,  No.  2502. 

Notice  of  levy  on  real  property,  No.  1675. 

Notice  of  lien  of  laborer  to  officer  holding  attachment,  No.  2527, 

Notice  of  location  of  lode  claim.  No.  2622. 

Notice  of  location  of  oil  claim,  No.  2621. 

Notice  of  location  of  placer  claim,  No.  2620. 

Notice  of  materialman's  claim  of  lien.  No.  2501. 

Notice  of  motion,   No.   2780. 


Index.  1377 

NOTICES  (Continued). 

JS'otice  of  motion  for  alimony — Costs  and  counsel  fees,  No.  1580. 

Notice  of  motion  for  change   of  place   of   trial,   No.  861. 

Notice  of  motion  for  commission    to    examine    witness    out    of    state, 
No,    1544. 

Notice  of  motion  to  correct  award,  No.  402. 

Notice  of  motion  to  set  aside  default,  No.  1500. 

Notice  of  motion  to  set  aside  sale  for  neglect  to  comply  with  terms,  No. 
3105. 

Notice  of  motion  to  substitute  defendant,  No.  2783. 

Notice  of  motion  to  vacate  award.  No.  405. 

Notice  of  motion  to  vacate   judgment   and   enter  a   different  judgment, 
No.  2259. 

Notice  of  pendency  of  action  for  partition,  No.  2862. 

Notice  of  pendency  of  action  of  ejectment.  No.  1602. 

Notice  of  pendency  of  action  to  foreclose  mortgage.  No.  1955. 

Notice  of  pendency  of  action  to  quiet  title.  No.  3183. 

Notice  of  performance  of  labor   for,  or  of   furnishing    materials  to,  con- 
tractor— Without  notice.  No.  2505. 

Notice  of  petition  for  removal  of  trustee.  No.  691. 

Notice  of  plaintiff's  death.  No.  2781. 

Notice  of  postponement  of  sale.  No.  1702. 

Notice  of  postponement  of  sale  of  real  estate,  No.  3091. 

Notice  of  probate  proceedings,  special.  No.  2790. 

Notice  of  protest,  No.  3150. 

Notice  of  protest  of  draft  payable  at  sight.  No.  3156. 

Notice  of  public  sale  by  holder  of  lien  for  services   rendered  on  chattel, 
No.  2525. 

Notice  of  quitting  premises  by  tenant,  No.  2378. 

Notice  of  sale — Montana  and  Utah,  No.  1701. 

Notice  of  sale  of  personal  property,  No.  3089. 

Notice  of  sale  of  personal   property,    and  of   postponement  of   sale.  No. 
1703. 

Notice  of  sale  of  real  estate  at  auction,  No.  3090. 

Notice  of  sale  of  real  property  at  private  sale.  No.  3092. 

Notice  of  sale  of  impounded  property  to  satisfy  lien.  No.  2513. 

Notice  of  sale  of  impounded  animal  to  satisfy  lien.  No.  2524. 

Notice  of  sale  on  foreclosure  of  lien.  No.  1932. 

Notice  of  setting  transferred  case  for  trial — Justice's  court.  No.  2786. 

Notice  of  settlement  of  administratrix's  account.  No.  21. 

Notice  of  sheriff's  sale  on  foreclosure  of  mortgage.  No.  1959. 

Notice  of  sheriff's  sale  of  real  property,  No.  1699. 

Notice  of  special  meeting  of    stockholders   to    create   bonded   indebted- 
ness.  No.    1340. 

Notice  of  stockholders'  meeting  to  increase  capital,  No.  1339. 

Notice  of  subcontractor's  claim  of  lien,  No.  2500. 

Notice  of  substitution  of  parties  plaintiff,  No.  3504. 
-,  Form  Book — 87 


1378  Index. 

NOTICES  (Continued). 

Notice  of  suspension  of  executor,  No.  1808. 

Notice  of  sustaining  demurrer,  No.   2782. 

Notice  of  taking  deposition.  No.  1536. 

Notice  of  taking  deposition  after  time  shortened,  No.  1542. 

Notice  of  terminating  tenancy.  No.  2386. 

Notice  of  termination  of  tenancy  at  will.  No.  2382. 

Notice  of  time  and  place  for  proving  will,  No.  3960. 

Notice  of  time  and  place  of   hearing   on    application    for    appraisers    of 

homestead,  No.  2083. 
Notice  of  transfer,  and  of  time  and  place  of  trial.  No.  866i. 
Notice  to  trustee  of  his  appointment,  No.  685. 
Notice  of  trustee's  sale  of  real  estate  at  public  auction.  No.  1482. 
Notice  of  trustee's  sale  under  deed  of  trust.  No.  1459. 
Notice  that  case  is  set  for  trial — Justice's  court.  No.  2785. 
Notice  that  defendant  excepts  to  sufficiency  of  sureties  on  attachment 

or  appeal  bond — Justice's  court,  No.  2291. 
Notice  that  owner  will  not  be  responsible  for  improvements,  No.  2504. 
Notice  to  appear  before  commissioners  in  partition  in  probate,  No.  2873. 
Notice  to  arbitrators  of  appointment,  No.  394. 
Notice  to  arbitrators  of  revocation  by  both  parties,  No.  412. 
Notice  to  assignee  of  lien  of  servant,  etc.,  No.  2526. 
Notice  to  assignee  of  preferred  claim  for  labor  done,  No.  2366. 
Notice  to  claimant  that  claim  is  disputed,  No.  2371. 
Notice  to  co-owner  of  mine  to  contribute,  No.  2645. 
Notice  to  county  clerk  to  prepare  papers  on  appeal.  No.  353. 
Notice  to  creditor  or  defendant  of  laborer's  claim,  No.  2368. 
Notice  to  creditors.  No.  2801. 
Notice  to  creditors  by  sheriff,  published.  No.  544. 
Notice  to  creditors,  by  sheriff,  to  meet  for  purpose  of  electing   assignee, 

No.  543. 
Notice  to  defendant  that  his  sureties  must  justify — Justice's   court,  No. 

2292. 
Notice  to  deliver  possession  at  end  of  term,  No.  2385. 
Notice  to  officer  that  laborer's  claim  is  disputed  by  creditor,  No.  2369. 
Notice  to  officer  that  laborer's  claim  is  disputed  by  defendant,  No.  2370. 
Notice  to  officer  of  laborer's  claim,  No.  2367. 
Notice  to  party  of  revocation.  No.  413. 
Notice  to  pay  rent  or  quit.  No.  3716. 
Notice  to  pay  rent  or  surrender  possession.  No.  2383. 
Notice  to  perform  covenants  of  lease.  No.  2384. 
Notice  to  perform  covenants  of  lease.  No.  2453. 
Notice  to  plaintiff  on  application  for  substitution  of  party  defendant — • 

Justice's  court.  No.  3501. 
Notice  to  plaintiff  of  arrest — Justice's  court,  No.  445. 
Notice  to  sheriff  of  release  of  attachment.  No.  620. 
Notice  to  quit  by  the  landlord.  No.  2379. 


Index.  1379 

NOTICES  (Continued). 

Notice  where    service  of   summons  is   by   publication — Justice's  court — 

Washington,   No.   3550. 
Proof  of  service  of  special  notice  of  probate  proceedings,  No.  2791. 
Eequest  by  heir,  devisee  or  legatee  for  special  notice.  No.  27S9. 
Eeturn    of   service    of   notice    of    setting   case   for   trial    or   hearing    of 

demurrer — Justice's  court,  No.  2787. 
Special  notice  of  probate  proceedings,  No.  2790. 

NUISANCE. 

Complaint  for  damages  for  erecting  nuisance,  No.  2820. 
Complaint— Maintaining  a  public  nuisance— Justice's  court,  No.  994. 

NUNCUPATIVE  WILL. 

Nuncupative  will.  No.  3926. 

Petition  for  probate  of  nuncupative  will,  No.  3988. 


OATH. 

Oath — Applicant  for  a  reissue  of  patent.  No.  2932. 

Oath — Appraisers  on  execution  against  homestead,  No.   2Ul^'«. 

Oath — Arbitrator's,  No,  396. 

Oath — Attorney  at  law — Colorado,  No.  248. 

Oath — Attorney  at  law — South  Dakota,  No.  249. 

Oath — Coroner's  jury,  No.  1274. 

Oath  of  office.  No.  2820a. 

Oath  of  referee  in  bankruptcy,  No.  676. 

Oath  of  witness  before  arbitrators,  No.  397. 

Oath  to  final  account  of  trustee,  No.  688. 

Oath — Witness  before  coroner's  inquest,  No.  1275. 

OBJECTIONS.     See  Opposition. 
Objections  to  account.  No.  24. 

Objections  to  appointment  of  administrator,  No.  1766. 
Objections  to  change  of  name  of  corporation,  No.  1303. 
Objections  to  confirmation  of   sale  of  real  estate.  No.  3100. 
Objections  to  partial   distribution.   No.   1565. 
Objections  to  petition  for  order  directing  administrator  to  convey  land, 

No.   1838. 
Objections  to  sale  of  real  estate,  No.  3072. 
Specification  of  grounds  of  opposition  to  bankrupt's  discharge,  No.  718. 

OBSTRUCTING  RAILROAD. 

Complaint — Obstructing  railroad— Justice's  court.  No.  1019. 

OBSTRUCTING  SIDEWALK. 

Complaint — Obstructing  sidewalk — Justice's  court,  No.  1020. 

OBSTRUCTING  STREET. 

Complaint— Obstructing  street— Justice's  court.  No.  1021. 


1380  Index. 

OFFICIAL  BONDS.     See  Bonds  and  Undcrtaldngs. 

Colorado — Condition  of  county  treasurer's  bond,  No.  2823. 

Colorado — Condition  of  sheriif's  bond,  No.  2824. 

Complaint  on  ofiScial  bond,  No.  2829. 

Justification  of  sureties  on  state  or  county  bonds,  No.  2822. 

Kansas — Condition  of  county  clerk's  bond.  No.  2825. 

Official  bond.  No.  768, 

Official  bond — Corporate  security,  No.  769. 

Official  bond  of  city  and  county   officers  of  Honolulu,   No.   821. 

Official  bond  of  county   treasurer,   No.   810. 

Official  bond  of  county  treasurer.  No.  2821. 

OfScial  undertaking  of  constable — Oregon,   No.    815. 

Official  undertaking     of  justice   of  the   peace — Oregon,   No.   816. 

Oregon — Official  undertaking  of  constable,  No.  2826. 

Oregon — Official  undertaking  of  justice  of  the  peace,  No.  2827. 

Oregon — Sheriff's  official  undertaking.  No.  2828. 

OIL  LANDS. 

Oil  claim,     See  Mining. 

Oil  land,  lease  of,  No.  2410. 

OLOGRAPHIC   WILL. 

"Olographic"  or  "holographic"  will,  No.  3927. 

OMITTING  TO  PROVIDE. 

Complaint — Omitting  to  provide  for  minor  child — Justice's  court,  No. 
1044. 

OPIUM. 

Complaint — Keeping  opium  resort — Justice's  court,  No.  1006. 
Complaint — Visiting  place  where   opium  is   used — Justice's   court,   No. 
1007. 

OPPOSITION.     See   Objections. 

Opposition  to  appointment  of  administrator.  No.  1753. 

Opposition  to  appointment  of  administrator — Another  form.   No.   1754. 

Opposition  to  bankrupt's  discharge.  No.   718. 

Opposition  to  probate  of  will,  No.   3976. 

Opposition  to  sale  of  personal  property,  JNo.  3073. 

OPTIONS. 

Option  to  purchase  land.  No.  2830. 
Option  to  purchase  mine.  No.  2831. 

ORDERS.     See  Decree;  Judgments  and  Decrees. 

Order  accepting  resignation  of  testamentary  trustee.  No.  1822. 
Order  adjudging  administrator  guilty  of  contempt  for  disobeying  order 
to  render  account.  No.  34. 


Index.  1381 

OEDETJS  (Continued). 

Order  adjudging  that  person  named  in  will  as  exer'utor  has  right  to  let- 
ters, No.  1800. 
Order  admitting  foreign  will  to  probate,  No.  3986. 
Order  admitting  will  to  probate,  No.  3972. 
Order  admitting  will  to  probate— Another  form,  No.  3973. 
Order  admitting  will  to  probate — Another  form,  No.  3974. 
Order  allowing  acconut  and  discharging  trustee,  No.  689. 
Order  allowing  debt  irregularly  paid.  No.  37. 
Order  allowing  intervention.  No.  2186. 

Order  allowing     presentation  of  creditor's  claim,  No.  1391. 
Order  amending  award,  No.  404. 

Order  and  citation  on  petition  to  determine  heirship,  No.  2057. 
Order  appointing  administrator.  No.  1755. 
Order  appointing  administrator  with  the  will  annexed  when  executor's 

right  to  appointment  is  forfeited,  No.  1777. 
Order  appointing  agent  to  take  possession  of  real  estate  for  benefit  of 

nonresident  distributee.  No.  290. 
Order  appointing  appraisers  on  execution  against  homestead.  No.  2084. 
Order  appointing  as  administrator  guardian  of  person  entitled  to  letters 

of  administration.  No.  1756. 
Order  appointing  commissioners  to  make  partition  in  probate.  No.  2872. 
Order  appointing  commissioners  to  make  partition  on  distribution.  No. 

1576. 
Order  appointing  day  for  hearing  application  for  letters  of  guardimisliip 

of  incompetent  person.  No.  2004. 
Order  appointing  executor  in  place  of  executor  removed  because  of  con- 

tempt  of  court.  No.  1854. 
Order  appointing  guardian  ad  litem.  No.  2012. 
Order  appointing  guardian  of  minors.  No.  2005. 
Order  appointing  guardian  of  incompetent  person,  No.  2006. 
Order  appointing  guardian  of  insane  person  where  first  appointee  failed 

to  qualify,  No.  2007. 
Order  appointing  referee  to  settle  account.  No.  25. 
Order  appointing  time  for  hearing  petition  for  probate  of  foreign  v.ill 

No.  3985. 
Order  appointing  time  for  hearing  petition  for  order  directing  convey- 
ance of  land.  No.  1837. 
Order  appointing  special  administrator.  No.  1745. 
Order  appointing  trustee  under  will.  No.  1823. 
Order   approving    an    administrator's    agreement    to    compound    with    'a 

debtor.  No.  1846. 
Order  approving  of  administrator's  payment  of  debt  without  creditor's 

aflidavit.  No.  1826. 
Order  assigning  estate  of  fifteen  hundred  dollars.  No.  1630. 
Order  assigning  homestead  on  death  of  head  of  a  family.  No.  2991. 
Order  assigning  homestead  to  the  innocent  party  on  divorce,  Nos.  2078, 

2079. 


1382  Index. 

ORDERS  (Continued). 

Order  assigning  homestead  to  widow — Common  property,  No.  2995. 
Order  assigning  homestead  to  widow — Separate  property.  No.  2996. 
Order  authorizing  mortgage  to  be  given  by  church  or  society,  No.  2714. 
Order  changing  name.  No.  1304. 
Order  committing  administrator  for  contempt  for  disobeying  order  of 

court,  No.  1129. 
Order  confirming  composition,  No.  715. 
Order  confirming  report  of  commissioners  in  partition  in  probate,  No. 

2875. 
Order  confirming  report  of  commissioners  in  partition  in  probate  and 

directing  sale,  No.  2876. 
Order  confirming  leport   of   majority   of   appraisers   of   homestead,   No. 

3001. 
Order  confirming  sale  made  in  open  court,  No.  3103. 
Order  confirming  sale  of  contract  to  purchase  land.  No.  1835. 
Order  confirming  sale  of  personal  property,  No.  3111. 
Order  confirming  sale  of  real  estate,  No.  3101. 

Order  -.rorirming  sale  of  real  estate  by  authority  of  will,  No.  3102. 
Order  eonvictmg  of  contempt  after  order  to  show  cause,  No.  1124. 
Order  aenying  petition  for  an  order  directing  administrator  to  convey 

land,  No.  1840. 
Order  directing  administrator  to  execute  conveyance  and  surrender  pos- 
session. No.  1842. 
Order  directing  administrator  to  execute  lease,  No.  3022. 
Order  directing  administrator  to  recover  property,  No.  1851. 
Order  directing  administrator  to  show  cause  why  he  should  not  be  re- 
moved for  omitting  to   cause  after-discovered  property  to  be  ap- 
praised, No.  1815. 
Order  directing  attachment  against  administrator  for  contempt  in  not 

rendering  account.  No.  1128. 
Order  directing  citation  to  banker  et  al.  in  proceedings  to  recover  un- 
claimed deposits,  No.  1825. 
Order  directing  execution  of  deed,  No.  1841. 
Order  directing  executor  to  file  statement.  No.  1814. 
Order  directing  executor  to  invest  moneys  in  bonds,  No.  1834. 
Order  directing  executor  to  show  cause  why  his  letters  should  not  be 

revoked  for  failure  to  return  account  of  sale.  No.  1808. 
Order  directing  further  notice  upon  settlement  of  account.  No.  23. 
Order  directing  notice  of  hearing  of  petition  for  partition  in  probate, 

No.  2871. 
Order  directing  notice  of  application  for  partition  on  final  distribution 

to  be  given,  No.  1575. 
Order  directing   notice   of   proceedings   for   removal   of   executor   to   be 

given  by  publication  and  mail,  No.  1809. 
Order  directing  notice  of  settlement  of  account  to  be  given,  No.  22. 
Order  directing  notice  to  creditors,  No.  2800. 
Order  directing  notice  to  suspend  executor,  No.  1805. 


Index.  1383 

OEDERS   (Continued). 

Order  directing  publication  of  notice  of  application  for  order  directing 

executor  to  invest  moneys  of  an  estate,  No.  1832. 
Order  directing  summons  in  unlawful  detainer  to  be  served  by  affixing  a 

copy  in  a  conspicuous  place  on  property,  No.  .3715. 
Order  directing  surviving  partner  to  render  an  account,  No.  1828. 
Order  dismissing  without  prejudice   petition  for  order  to  convey  land, 

No.  1839. 
Order  empowering  adm.inistrator  to  mortgage.  No.  3042. 
Order  establishing  fact  that  one  of  two  executors  is  absent  from  the 

state,  No.  1802. 
Order  establishing  service  of  notice  on  petition  to   determine  heirship, 

No.  205S. 
Order  expunging  claim,  No.  706. 
Order  extending  time,  No.  2843. 
Order  i3xing  compensation  of  appraisers  on  execution  against  homestead, 

No.  2091. 
Order  fixing  day  of  hearing  return  of  sale  of  real  estate,  No.  3098. 
Order  fixing  time  and  place  of  hearing,  and  for  publication  of  notice 

of  application   for    dissolution.   No.  1336. 
Orln'  fixing  time  and  place  of  hearing  petition  to  mortgage  property 

of  church  or  society,  No.  2713. 
Order  for  administrator  to  give  further  security.  No.  1793. 
Order  for  alimony  pendente  lite,  costs  and  counsel  fees,  No.  1582. 
Order  for  allowance  out  of  income  of  minor,  No.  2032. 
Order  for  arrest.  No.  441. 
Order  for  attachment  against  administrator  for  not  rendering  account, 

No.  33. 
Order  for  choice  of  r.ew  trustee,  No.  693. 
Order  for  citation    to    administrator    requiring    him   to    render   exhibit, 

No.  14. 
Order  for  citation  to  administrator  to  account.  No.   867. 
Order  for  citation  on  petition  for  release  of  surety.  No.  1796. 
Order  for  contribution   by   legatee  to    devisee   whose   devise   has   been 

sold  to  pay  debts.  No.  1236. 
Order  for  custody  pending  guardianship  proceedings,  No.  2001. 
Order  for  defaulting  juror  to  show  cause,  No.  1121. 
Order  for  defendant's  discharge  after  bail  given,  No.  484. 
Order  for  defendant's  discharge  after  bail  given  on  appeal— Oregon  and 

Alaska,  No.  488. 
Order  for  delivery   of  property  to  plaintiff — Oregon,   No.   888. 
Order  for  deposit  where  claimant  cannot  be  found,  No.  1404. 
Order  for  equal  division  of  homestead  on  divorce,  No.  2080. 
Order  for  examination  of  bankrupt.  No.  696. 
Order  for  examination  of  debtor  of  judgment  debtor,  or  of  his  bailee. 

No.  3613. 
Order  forbidding  transfer  of   property   alleged   to   belong  to   judgment 

debtor,  or  upon  denial  of  indebtedness  to  him,  No.  3615. 
Order  for  family   allowance   and   setting   apart  personal   property,    No. 
1876. 


1384  Index. 

ORDERS  (Continued). 

Order  forfeiting  bail  money,  No.  482. 

Order  for  inspection,  No.  2157. 

Order  for  jury  trial,  No.  636. 

Order  for  nonresident  witness  to  attend,  No.  3437. 

Order  for  payment  of  debts — Clause  that  claim  disputed  or  contingent 

not  due  be  paid  into  court,  No.  1830. 
Order  for  payment  of  debts  of  insolvent  estate,  No.  1829. 
Order  for  publication  where  defendant  resides  out  of  the  state.  No.  3575. 
Order  for  reappraisement  of  real  estate  after  sale,  No.  2202. 
Order  for  removal  of  trustee,  No.  692. 
Order  for  sale  of  homestead  and  division  of  proceeds  on  divorce.  No. 

2081. 
Order  for  sale  of  personal  property.  No.  3074. 
Order  for  support  of  family  until  inventory  returned,  No.  1874. 
Order  for  writ  of  assistance,  No.  4000. 
Order  for  writ  of  certiorari  to  issue,  No.  859. 
Order  for  writ  of  habeas  corpus  to  issue.  No.  2042. 
Order  granting  to  nonresident  guardian  leave  to  remove  ward's  prop- 
erty from  state,  No.  2023. 
Order  of  adoption,  No.  254. 
Order  of  clerk  fixing  time  and  place  for  hearing  application  to  settle 

first  and  final  account  and  petition  for  final  distribution,  No.  20. 
Order  of  discharge — To    be    indorsed    on    depositions    and    statement, 

No.  471. 
Order  of  discharge  after  bail  given — Alaska  and  Oregon,  No.  474. 
Order  of  distribution  on  composiiion,  No.  716. 
Order  of  publication  of  order  to  show  cause  on  guardian's  application 

for  order  of  sale  of  real  estate.  No.  2016. 
Order  of  reference,  No.  673. 
Order  of  reference  in  judge's  absence.  No.  674. 
Order  of  sale,  No.  1644. 
Order  of  sale  of  mining  stock.  No.  3086. 
Order  of  sale  of  personal   property   upon    petition    for  sale    of   realty, 

No.  3082. 
Order  of  sale  of  real  estate,  No.  3080. 
Order  of  sale  of  real  estate  by  guardian,  No.  2019. 
Order  of  sale  on  foreclosure  of  mechanic's  lien,  No.  193l. 
Order  of  sale  on  foreclosure  of  mortgage.  No.  1958. 
Order  of  substitution — Justice's  court.  No.  3503. 
Order  opening  default.  No.  1503. 
Order  prescribing   notice   of  application  for   appointment   of   gfuardian, 

No.  2003. 
Order  purging  of  contempt.  No.  1123. 
Order  recalling  execution,  No.  1664. 


Index.  1385 

ORDERS  (Continued). 

Order  reducing  claim,  No.  705. 

Order  referring  claim  to  referee,  No.  1390. 

Order  reinstating  suspended  administrator,  No.  1807. 

Order  rejecting  majority  report  of  appraisers  of  homestead,  No.  ^^002. 

Order  releasing  surety.  No.  1798. 

Order  removing  administrator  after  contest  of  his  account,  No.  1813. 

Order  removing  administrator  for  failure  to  give  notice  to  creditors, 
No.  1810. 

Order  requiring  distributee  to  refund,  No.  1568. 

Order  requiring  notice  of  hearing  petition  for  restoration  of  re(!ords, 
No.   3291. 

Order  requiring  production  of  will.  No.  3951. 

Order  revoking  letters  and  issuing  others  to  person  having  prior  right, 
No.  1819. 

Order  revoking  letters  after  commitment  for  contempt,  No.  1130. 

Order  revoking  letters  after  commitment  for  contempt  for  failure  to 
account,  No.  35. 

Order  revoking  letters  for  failure  to  file  new  bonds,  No.  1794. 

Order  revoking  probate  of  will.  No.  3982. 

Order  setting  apart  homestead  and  permitting  execution  against  sur- 
plus. No.  2090. 

Order  setting  report  of  appraisers  for  hearing.  No.  3000. 

Order  shortening  time  for  examination  of  witness,  No.  1541. 

Order  shortening  time,  No.  2S40. 

Order  staying  entry  of  judgment  on  award,  No.  403. 

Order  suspending  executor.  No.  1804. 

Order  suspending  the  powers  of  administrator  until  it  can  be  deter- 
mined if  he  has  wasted  estate.  No.  1816. 

Order  that  application  for  letters  of  administration  and  contest  for 
letters  will  be  heard  together,  No.  1853. 

Order  that  executor  give  bond  where  will  requires  none.  No.  1799. 

Order  that  judgment  debtor  appear  and  answer  concerning  his  property, 
No.  3611. 

Order  that  no  trustee  be  appointed,  No.  686. 

Order  that  property  of  judgment  debtor  be  applied  to  satisfaction  of 
judgment,  No.  3614. 

Order  to  answer  for  bailable   offense,   No.   475. 

Order  to  answer  when  bail  has  been  taken — To  be  indorsed  on  "Com- 
plaint," No.  473. 

Order  to  answer,  whore  offense  is  not  bailable,  No.  476. 

Order  to  compromise  debt.  No.  1845. 

Order  to  produce  will.  No.  3950. 

Order  to  release  levy,  No.  1674. 

Order  to  satisfy  or  answer  a  complaint,  No.  3206. 

Order  to  sell  perishable  personal  property,  No.   3075. 

Order  to  show  cause  on  application  to  mortgage,  No.  3041. 


1386  Index. 

ORDEES  (Continued). 

Order  to  show  cause  on  change  of  name  and  for  publication  thereof, 
No.  13&2. 

Order  to  show  cause  on  creditors'  petition  in  bankruptcy,  Xo.  634. 

Order  to  show  cause  on  petition  for  distribution,  No.  1570. 

Order  to  show  cause  on  sale  of  mining  stock,  No.  3077. 

Order  to  show  cause  on  sale  of  personal  property,  No.  3076. 

Order  to  show  cause  on  sale  of  real  estate,  No.  3078. 

Order  to  show  cause  why  entire  estate  should  not  be  set  over  to  widow, 
No.  1629. 

Order  to  show  cause  why  lease  of  real  estate  should  not  be  made, 
No.  3021. 

Order  to  show  cause  why  party  should  not  be  punished  for  coutompt, 
No.  1122. 

Order  to  view  locus  in  quo.  No.  2842. 

Order  transferring  cause — Justice's  court,  No.  866h. 

Order  transferring  cause,  No.  2841. 

Order  transferring  proceedings  back  to  original  court.  No.  866g. 

Order  transferring  proceedings  on  account  of  disqualification  of  judge, 
No.  866e. 

Order  vacating  award  and  ordering  a  rehearing,  No.  406. 

Order  vacating  judgment,  No.  2260. 

Order  vacating  sale  and  directing  resale  on  failure  of  purchaser  to  com- 
ply with  bid.  No.  3106. 

ORDINANCE. 

Complaint  to  recover  penalty  for  violation  of  ordinance.  No.  957. 

PARTITION.     See  Partition  in  Probate. 

Complaint  for  partition  of  real  property,  No.  2860. 

Complaint  for  partition  of  land  held  in  common  with  estate,  No.  2861. 

Confirmation  of  partition  made  by  referee.  No.  2865. 

Decree  of  partition,  No.  2866. 

Notice  of  pendency  of  action  for  partition,  No.  2862. 

Statement,  in  summons  in  partition,  No.  2864. 

Summons  in  partition.  No.  2863. 

PARTITION  IN  PROBATE. 

Notice  to  appear  before  commissioners  in  partition  in  probate,  No.  2873. 
Order  aj^ointing  commissioners  to  make  partition  in  probate,  No.  2872. 
Order  confirming  report  of  commissioners  in  partition  in  probate,  No. 

2875. 
Order  confirming  report  of  commissioners  in   partition  in  probate   and 

directing  sale,  No.  2876. 
Order  directing  notice  of  hearing  of  petition  for  partition  in  probate. 

No.  2871. 
Petition  for  partition  in  probate,  No.  2870. 
Report  of  commissioner  in  partition  in  probate,  No.  2874. 


Index.  l-^^^ 

PAETNERSHTP. 

Agreement,  by  partners,  to  arbitrate,  No.  390. 
Answer   alleging  partnership  agreement,   No.   2889. 
Articles  of  copartnership.  No.  2880. 

Articles  of  copartnership  between  merchants.  No.   2881. 
Assignment  of  partnership   property  and  debts  by  one  partner  to  an- 
other on  dissolution,  No.  2884. 
Certificate  of  residence  of  partnership.  No.   2885. 
Complaint  against  partners,  No.  2887. 
Complaint  by  surviving  partner,  No.  2888. 
Certificate  of  copartnership.  No.  2883a. 
Dissolution  of  partnership  to  be  indorsed  on  the  original  arti('les,  No. 

2883. 
Notice  of  dissolution  of  copartnership,  No.  2886. 
Renewal  of  partnership  to  be  indorsed  on  original  articles,  No.  2882. 

PARTY-WALLS. 

Agreement  as  to  party-wall.  No.  2900. 

License  to  use  wall  of  adjoining  building.  No.  2901. 

PATENTS.     See  License. 

Assignment  of  an  undivided  fractional  interest  in  an  invention  before 

the  issue  of  letters  patent.  No.  2940. 
Assignment  of  an  undivided  interest  in  the  letters  patent  and  extension 

thereof.  No.  2935. 
Assignment  of  a  patent— Long  form.  No.  2939. 

Assignment  of  territorial  interest  after  grant  of  patent.  No.  2941. 
Assignment  of  the  entire  interest  in  an  invention  before  the  issue  of 

letters  patent,  No.  2933. 
Assignment  of  the  entire  interest  in  letters  patent.  No.  2934. 
License— Exclusive  territorial  grant  by  an  assignee,  No.  2936. 
License — Not  exclusive  with  royalty,  No.  2938. 
License — Shop  right,  No.  2937. 

Oath  by  an  application  for  a  reissue  of  patent.  No.  2932. 
Petition  by  administrator  for  letters  patent.  No.  2923. 
Petition  by  an  alien  inventor,  No.  294". 
Petition  by  a  sole  inventor.  No.  2920. 
Petition  by  executor  for  letters  patent,  No.  2924. 
Petition  by  inventor  for  assignee,  No.  2922. 
Petition  by  joint  inventors.  No.  2921. 
Petition  for  letters  patent  for  a  design,  No.  2926. 
Patent  for  mining  claim.     See  Mining. 
Petition  for  reissue   (by  the  inventor).  No.  2925. 
Power  of  attorney.  No.  2927. 

Specifications  for  a  composition  of  matter,  No.  2930, 
Specifications  for  a  design,  No.  2931. 
Specifications  for  a  machine,  No.  2928. 
Specifications  for  ;\  process.  No.  2929. 


1388  Index. 

PAYMENT. 

Answer  alleging  part  payment  and  tender  of  balance,  TTo.  2965. 

Answer  alleging  payment,  No.  2960. 

Answer  alleging  payment  before  indorsement,  No.  2962. 

Answer  alleging  payment  by  bill,  No.  2961. 

Answer  alleging  payment  by  note,  No.   2963. 

Answer  alleging  payment  in  services,  No.  2964. 

PECUNIARY  LEGACY. 

Pecuniary  legacy.  No.  3911. 

PEDDLING. 

Complaint — Peddling  without  a  license — Justice's  court,  No.  1022. 

PETITIONS.     See  Complaint;  Patents. 

Bankrupt's  petition  for  discharge.  No.  717. 

Petition  and  complaint  asking  for  a  citation  to  show  cause  why  a  bank 

should  not  pay  a  deposit  to  administrator  or  depositor,  JMo.  1824. 
Petition  and  order  for  private  sale — Bankruptcy,  No.  711, 
Petition  and  order  for  redemption  of  property  from  lien — Bankruptcy, 

No.  709. 
Petition  and  order  for  sale  subject  to  lien — Bankruptcy,  No.  710. 
Petition  and  order   for   sale   of   perishable    property — Bankruptcy,    No. 

712. 
Petition  and  order  for  sale  by  auction  of  real  estate.  No.  708. 
Petition  by  administrator  for  letters  patent.  No.  2923. 
Petition  by  administrator  to  sell  stock  in  mining  company.  No.  30G6. 
Petition  by  creditor  for   citation  to  administrator  to   account,  No.   30. 
Petition  by  an  executor  for  letters  patent.  No.  2924. 
Petition  by  guardian  for  an  order  to  mortgage  real  estate,  No.  2021. 
Petition  by  heir  for  partial  distribution.  No.  1561. 
Petition  by  inventor  for  assignee.  No.  2922. 
Petition  by  joint  inventors.  No.  2921. 
Petition  by  legatee  for  partial  distribution.  No.  1563. 
Petition  by  sole  inventor,  No.  2920. 
Petition  for  allowance  out  of  income  of  minor  to  defray  expenses,  No. 

2031. 
Petition  for  appointment  as  guardian  ad  litem.  No.  2011. 
Petition  for  appointment  of  guardian  of  minor,  No.  1998. 
Petition  for  appointment  of  guardian  for  incompetent  person,  No.  1999. 
Petition  for  appointment  of  special  administrator.  No.  1744. 
Petition  for  authority  to  compromise  claim.  No.  1844. 
Petition  for  continuation  of  administration.  No.  1843. 
Petition  for  decree  restoring  to  capacity.  No.  3300. 
Petition  for  decree  showing  termination  of  life  estate.  No.  3630. 
Petition  for  decree  setting  apart  homestead.   No.   2990. 
Petition  for  decree  vesting  homestead  in  surviving  wife.  No.  2096. 
Petition  for  determination  of  heirship.  No.  2056. 


Index.  1389 

PFTITIOXS  (Cont'niied). 

Petition  for  distribution,  No.  1569. 

Petition  for  dissolution  of  corporation,  No.   1332. 

Petition  for  family  allowance,  Nos.  1873,  187o. 

Petition  for  final  distribution,  No.  1j71. 

Petition  for  leave  to  adopt  minor.  No.  250. 

Petition  for  leave  to  mortgage,  No.  3040. 

Petition  for  letters  of  administration,  No.   1748. 

Petition  for  letters  of  administrator — Another  form,  No.  1749. 

Petition  for  letters  of  administration  with  will  annexed  on  death  of 
executor.  No.  1776. 

Petition  for  letters  of  administration  with  the  will  annexed  on  renun- 
ciation by  executor,  No.  1775. 

Petition  for  letters  patent  for  a  design.   No.   2926. 

Petition  for  meeting  to  consider  composition.  No.   713. 

Petition  for  mortgage  of  property  of  church  or  society.  No.  2711. 

Petition  for  order  directing  executor  to  convey  land  under  a  contract 
with  deceased.  No.  1836. 

Petition  for  order  directing  executor  to  invest  funds  of  an  estate,  No. 
1831. 

Petition  for  order  directing  surviving  partner  to  render  account,  No. 
1827. 

Petition  for  order  of  sale  of  personal  property,  No.  3062. 

Petition  for  order  of  sale  of  real  estate  for  best  interests  of  heirs  at 
law.  No.  3064. 

Petition  for  order  of  sale  of  real  estate  to  pay  debts  or  family  allow- 
ance, No.  3070. 

Petition  for  order  requiring  administrator  to  give  new  bond,  Nos.  1789, 
1790. 

Petition  for  order  requiring  administrator  to  render  exhibit.  No.  13. 

Petition  for  order  requiring  distributee  to  refund.  No.  15G7. 

Petition  for  order  setting  apart  personalty  and  for  family  allowance, 
No.  1875. 

Petition  for  order  to  lease  realty  by  executor,  administrator  or  guard- 
ian, No.  3020. 

Petition  for  order  to  produce  concealed  will,  No.  3953. 

Petition  for  order  to  sell  perishable  personal  property,  No.  3061. 

Petition  for  partition  in  probate.   No.  2870. 

Petition  for  probate  of  nuncupative  will.  No.  3988. 

Petition  for  probate  of  will.  No.  3955. 

Petition  for  provision  for  support  of  family  pending  return  of  inven- 
tory, No.  1873. 

Petition  for  reissue  of  patent   (by  inventor),  No.  2925. 

Petition  for  relief  against  forfeiture  of  lease.  No.  3713. 

Petition  for  removal  of  trustee.  No.  690. 

Petition  for  restoration  of  records,   No.   3290. 

Petition  for  retransfer  of  proceedings.  No.  SfiOf. 


1890  Index. 

PETITIONS  (Continued). 

Petition  for  writ  of  habeas  corpus,  No.  2041. 

Petition  for  writ  of  mandamus,  No.  2588. 

Petition  in  bankruptcy — Creditor's,  No.  633. 

Petition  in  bankruptcy — Partnership,  No.  632. 

Petition  of  administrator  with  the  will  annexed  for  citation  ordering 

former  executor  to  account,  No.  32. 
Petition  of  assignee  of  heir  at  law  for  distribution  of  assignor's  share 

to  him,  No.  1562. 
Petition  of  guardian  for  order  of  sale  of  real  estate.  No.  2015. 
Petition  of  guardian  for  order  of  sale  of  real  estate  in  order  to  rein- 
vest proceeds,  No.  2017. 
Petition  of  guardian  that  he  may  assent  to  partition  of  land,  No.  2022. 
Petition  of  heir  at  law  for  partial  distribution,  No.  1560. 
Petition  of  surety  to  be  released  from  bond  of  administrator,  No.  1795. 
Petition  that   court   may   order    administrator    to    render    an    account. 

No.  31. 
Petition  to  become  sole  trader,  No.  3371. 
Petition  to  require  administrator  who  is  wasting  estate  to  give  further 

security,  No.  1791. 
Petition  to  revoke  letters   of  administration  and  to  grant  them   to  a 

person  claiming  under  prior  right,  No.  1817. 
Petition  to  revoke  letters  testamentary  and  appoint  petitioner  wheic 

executor  has  removed  from  state.  No.   1820. 
Petition  to  revoke  probate  of  will  on  discovery  of  later  will,  No.  3980. 
Petition  to  set  apart  estate  not  exceeding  fifteen  hundred  dollars  in 

value,  No.  1628. 

PETIT  LAECENY. 

Complaint — Petit  larceny — Justice's  court,  No.  999. 
Complaint — Petit  larceny  with  previous  conviction,  No.  1042. 

PLEDGE. 

Complaint  for  damages  for  loss  of  pledge,  No.  2973. 
Pledge  with  note  secured,  No.  2970. 
Pledge — Another  form.  No.  2971. 
Pledge — Another  form.  No.  2972. 

POLICE  COURTS.     See  Justices'  Courts. 

POWET^S  OF  ATTORNEY.     See  Proxy. 

Commercial  power  of  attorney  with  authority  to  sell  real  estate,  etc., 

No.  2975. 
General  custom-house  power  of  attorney,  No.  2981. 
General  power  of  attorney.  No.  2974. 

General  power  of  attorney  to  sell  mining  property.  No.  2979. 
Power  of  attornev  to  collect  debts,  No.  2982. 


Index.  1391 

POWERS  OF  ATTORNEY  (Continued). 

Power  of  attorney  to  confess  judgment,  No.  2985. 

Power  of  attorney  to  make  application  for  entry  of  government  land, 

No.  2634. 
Power  of  attorney  to  prosecute  patent  application.  No.  2&27. 
Power  of  attorney  to  receive  a  legacy,  No.  2983. 
Power  of  attorney  to  transact  ordinary  business,  No.  2977. 
Power  of  attorney  to  transfer  stock,  No.  2987. 
Power  of  attorney  to  sell  stocks,  No.  2980. 
Eevocation  of  power  of  attorney,  No.  2986. 

Special  power  of  attorney  by  husband  and  wife  to  convey  Innd.  No.  2984. 
Special  power  of  attorney  to  collect  debts,  No.  2978. 
Special  power  of  attorney  to  sue  and  transfer  property.  No.  2976a. 
Substitution  of  attorney  in  fact,  No.  2976. 

PROBATE  HOMESTEADS. 

Clause  in  inventory  when  homestead  exceeded  five  thousand  dollars  in 

value,  when  selected  and  cannot  be  divided,  No.  2997. 
Clause  in  inventory  when  homestead  exceeds  five   thousand  dollars  in 

value,  when  selected  and  can  be  divided.  No.  2998. 
Decree  setting  apart  homestead.  No.  2992. 
Dissenting  report  by  one  appraiser.  No.  2999. 
Order  assigning  homestead  on  death  of  head  of  family.  No.  2991. 
Order  assigning  homestead  to  widow — Common  property,  No.  2995. 
Order  assigning  homestead  to  widow — Separate  property.  No.  2996. 
Order  confirming   the   report   of   majority   of   appraisers    of   homestr-ad. 

No.  3001. 
Order  ejecting  majority  report  of  appraisers  of  homestead.  No.  3002. 
Order  setting  apart  probate  homestead  for  support  of  family,  No.  2993. 
Order  setting  apart    probate    homestead    out    of    separate    property    of 

deceased.  No.  2994. 
Order  setting  report  of  appraisers  for  hearing,  No.  3000. 
Petition  for  decree  setting  apart  homestead.  No.  2990. 

PROBATE  LEASE. 

Order  directing  administrator  to  execute  lease.  No.  3022. 

Order  to  show  cause  on  application  to  modify  lease.  No.  3024. 

Order   to   show   cause   why   lease   of   real    estate    should    not   bo    made, 

No.  3021. 
Petition   to  lease   realty   by   executor,   administrator   or   guardian.    No. 

3020. 
Probate  lease.  No.  3023. 

PROBATE  MORTGAGE. 

Mortgage  by  administrator.  No.  3043. 
Order  empowering  administrator  to  mortgage.  No.  3042. 
Order  to  show  cause  on  application  to  mortgage.  No.  3041. 
Petition  for  leave  to  mortgage,  No.  3040. 


1392  Index. 

PROBATE  PROCEEDINGS. 

Special  notice  of  probate  proceedings,  No.  2790. 

PROBATE   SALES. 

Account  of  sale  of  real  estate  by  auctioneer — 'Beturn  schedule  "D," 
No.   3097. 

Admissions  of  service  of  order  to  show  cause  on  sale  of  real  estate, 
No.  3079. 

Affidavit  of  auctioneer  on  return  of  sale  of  personal  estate,  No.  3109. 

Affidavit  of  auctioneer  on  return  of  sale  of  personal  property.  No.  3110. 

Affidavit  of  posting  notice  of  sale  of  real  estate — Return  schedule 
"A,"   No.   3094. 

Affidavit  of  publication  of  notice  of  sale  of  personal  estate,  No.  3108. 

Affidavit  of  publication  of  notice  of  sale  of  real  estate — Return  sched- 
ule "B,"  No,  3095. 

Affidavit  of  sale  of  real  estate  at  public  sale — Return  schedule  "C," 
No.   3096. 

Bond  to  administrator  and  interested  persons  upon  sale  of  contract 
for  purchase  of  lands.  No.  3088. 

Bond  of  administrator  on  sale  of  real  estate,  No.  3087. 

Notice  of  day  fixed  for  hearing  return  of  sale  of  real  estate,  No.  3099. 

Notice  of  motion  to  set  aside  sale  for  neglect  to  comply  with  terms. 
No.  3105. 

Notice  of  postponement  of  sale  of  real  estate.  No.  3091. 

Notice  of  sale  of  personal  property.  No.  3089. 

Notice  of  sale  of  real  estate  at  auction.  No.  3090. 

Notice  of  sale  of  real  property  at  private  sale.  No.  3092. 

Objection  to  sale  of  real  estate.  No.  3072. 

Objections  to  confirmation  of  sale  of  real  estate.  No.  3100. 

Opposition  to  sale  of  personal  property.  No.  3073. 

Order  confirming  sale  made  in  open  court,  No.  3103. 

Order  confirming  sale  of  personal  property,  No.  3111. 

Order  confirming  sale  of  real  estate,  No.  3101. 

Order  confirming  sale  of  real  estate  by  authority  of  will.  No.  3102. 

Order  fixing  day  of  hearing  return  of  sale  of  real  estate,  No.  3098. 

Order  for  sale  of  personal  property.  No.  3074. 

Order  of  sale  of  all  property  belonging  to  estate  at  one  sale.  No.  3083. 

Order  of  sale  of  mining  stock.  No.  3086. 

Order  of  sale  of  personal  property  upon  petition  for  sale  of  realty.  No. 
3082. 

Order  of  sale  of  real  estate.  No.  3080. 

Order  of  sale  of  real  estate  by  administrator  upon  petition  of  person  in- 
terested. No.  3084. 

Order  of  sale  of  real  estate  without  notice.  No.  3081. 

Order  to  sell  perishable  personal  property,  No.  3075. 

Order  to  show  cause  on  sale  of  mines.  No.  3085. 

Order  to  show  cause  on  sale  of  raining  stock.  No.  3077. 


Index.  1303 

PROBATE  SALES  (Continued). 

Order  to  show  cause  on  sale  of  personal  property,  No.  3076. 

Order  to  show  cause  on  sale  of  real  estate,  No.  3078. 

Order  vacating  sale  and  directing  resale  on  failure  of  purchaser  to 
comply  with  bid,  No.  3106. 

Order  vacating  sale  of  real  estate,  No.  3104. 

Petition  by  administrator  to  sell  stock  in  mining  company.  No.  3066. 

Petition  by  creditor  for  order  of  sale  of  real  estate,  No.  3069. 

Petition  for  order  of  sale  of  all  the  property  of  insolvent  estate  at  one 
sale.  No.  3065. 

Petition  for  order  of  sale  of  personal  property.  No.  3062. 

Petition  for  order  of  sale  of  real  estate  for  best  interests  of  heirs  at 
law.  No.   3064. 

Petition  for  order  of  sale  of  real  estate  to  pay  debts  or  family  allow- 
ance. No.  3070. 

Petition  for  order  of  sale  of  real  estate  where  all  persons  interested 
join  in  petition,  No.  3067. 

Petition  for  order  of  sale  of  real  estate  where  all  persons  interested 
assent  in  writing.  No.  3068. 

Petition  for  order  to  sell  real  estate  to  pay  inheritance  tax,  No.  3071. 

Petition  for  order  to  sell  perishable  personal  property.  No.  3061. 

Return  and  account  of  sale  of  real  estate,  No.  3093. 

Return  and  account  of  sales  of  personal  property,  No.  3107. 

PROCESS.     See  Summons. 

PROMISSORY  NOTES.     See  Pledge;  Protest. 

Answer  of  payment  of  note  in  services,  No.  3143. 

Answer  that  note  was  procured  by  fraud.  No.  3144. 

Answer  that  notice  of  dishonor  was  not  given.  No.  3145. 

Complaint  by  administrators  on  promissory  note,  No.  3138. 

Complaint  by  holder  against  indorscr  and  maker.  No.  3137. 

Complaint  on  a  partnership  note.  No.  3141. 

Complaint  on  lost  note.  No.  3142. 

Complaint  on  promissory  note — Justice's  court.  No.  3139. 

Complaint  on  promissory  note,  No.  3136. 

Complaint  on  promissory  note.  No.  3140. 

Installment  note  secured  by  mortgage,  No.  3135. 

Promissory  note,  No.  3130. 

Promissory  note — Joint  and  several,  No.  3132. 

Promissory  note  to  corporation  secured  by  mortgage.  No.  3134, 

Promissory  note  with  attorney's  fee  clause.  No.  3131. 

Promissory  note  with  default  clause,  No.  3133. 

PROOF. 

Proof  of  debt  by  agent  or  attorney,  No.  702. 
Proof  of  debt  due  corporation,  No.  701. 
Form  Book^88 


1394  Index. 

PEOOF  (Continued). 

Proof  of  labor,  No.  2632. 

Proof  of  magistrate's  handwriting,  No.  467. 

Proof  of  ownership  and  possession  in  case  of  loss  or  absence  of   mining 

records,  No.  2635. 
Proof  of  posting  notice  and  diagram  on  mining  claim.  No.  2630. 
Proof  of  publication  on  application  for  mining  patent,  No.  2639. 
Proof  of  secured  debt,  No.  700. 
Proof  of  secured  debt  by  agent.  No.  703. 

Proof  of  service  of  special  notice  of  probate  proceedings,  No.  2791. 
Proof  of  unsecured  debt,  No.  699. 

Proof  that  no  known  veins  exist  in  a  placer  mining  claim,  No.  2637. 
Proof  that  plat  and   notice   remained  posted   on   claim   during   time  of 
publication,  No.  2640. 

PEOSTITUTION. 

Complaint — Keeping  a  minor  in  a  house  of  prostitution— Justice's  court. 
No.  1018. 

PROTEST. 

Certificate  to  copy  of  maritime  protest,  No.  3159. 

Maritime  protest  extended  before  another  notary,  No.  3160. 

Maritime  protest  extended  before  game  notary.  No.  3158. 

Maritime  protest  for  distress  of  weather — Notation  of,  No.  3157. 

Notice  of  protest.  No.  3150. 

Notice  of  protest  of  draft  payable  at  sight,  No.  3156. 

Protest  and  adverse  claim  on  application  for  mining  patent.  No.  2644. 

Protest  of  a  director  of  a  corporation  against  dividend  to  be  spread  on 
the  minutes.  No.  1318. 

Protest  of  note  payable  at  particular  place  and  notices  mailed.  No.  3151. 

Protest  of  note  presented  to  maker  personally  and  notice  served  on  in- 
dorser  personally  or  delivered  at  place  of  business,  No.  3152. 

Protest  when  draft  is  accepted  "supra  protest,"  No.  3155. 

Protest  when  last  place  of  residence  or  business  can  be  ascertained  but 
maker  cannot  be  found.  No.  3154. 

Protest  where  maker  cannot  be  found  and  has  no  known  place  of  busi- 
ness or  residence,  No.  3153. 

PROXY,     See  Power  of  Attorney. 

Proxy — Accompanied  by  ballot.  No.  1310. 

Proxy  to  vote.  No.  1317. 

Proxy  to  vote  at  annual  election,  No.  1309. 

PUBLIC  ADMINISTRATOR.     See  Executors  and  Administratorfl. 

Publication  of  summons.     See  Summons. 


Index.  1395 

QUIETING  TITLE.     See  Eestoration  of  Title. 

Complaint    to    determine    conflicting    claims  to    real    property — North 

Dakota,   No.   3184. 
Complaint  to  quiet  title,  No.  3180. 
Complaint  to  quiet  title,  No.  3182. 
Complaint  to  quiet  title  to  mining  claim.  No.  3181. 
Notice  of  pendency  of  action  to  quiet  title,  No.  3183^ 

QUITCLAIM  DEEDS. 

Quitclaim  deed,  No.  1447. 
Quitclaim  deed — Anottier  form,  No.  1448. 
Quitclaim  deed-^^Arizona,  No.   1-152. 
Quitclaim  deed — Utah,  No.  1454. 
Quitclaim  deed — Washington,  No.  1464, 
Quitclaim  deed — Wyoming,  No.  1465. 

QUO  WAREANTO. 

Answer  in  quo  warranto.  No.  3201. 
Complaint  in  quo  warranto,  No.  3200. 


RAILEOAD  COMMISSION. 

Answer  to  formal  complaint  before  Eailroad  Commission,  No.  3207. 
Application  for  permission  to  issue  bonds,  No.  3211. 
Formal  application  before  Eailroad  Commission,  No.  3209. 
Formal  complaint  before  Eailroad  Commission,  No.  3205. 
Notice  of  hearing  on  complaint  before  Eailroad  Commission,  No.  3208. 
Order  to  satisfy  or  answer  a  complaint.  No.  3206. 

Published   notice    of   hearing   on   application    before   Railroad    Commis- 
sion, No.  3210. 

EECEIPTS.     See  Eelease  and  Satisfaction. 
Eeccipt  for  a  special  purpose.  No.  3226. 
Eeceipt  for  money  paid  for  another,  No.  3225. 
Eeccipt  for  instrument  for  record.  No.  3231. 
Eeceipt  for  papers  in  a  case,  No.  3230. 
Eeceipt  for  rent,  No.  3221, 
Eeceipt  for  salary.  No.  3220. 
Eeceipt  in  full  for  a  special  account,  No.  3229. 
Eeceipt  in  full  for  less  than  sum  due,  No.  3222. 
Eeceipt  in  full  of  all  demands,  No.  3223. 
Eeceipt  of  interest  to  be  indorsed  on  a  bond,  No.  3228. 
Eeceipt  on  account.  No.  3224. 
Eeceipt  when  money  is  paid  by  a  third  person,  No.  3227. 

RECEIVING  STOLEN  GOODS. 

Complaint — Eeceiving  stolen  goods,  Nos.  1038,  1041. 


1396  Index. 

RECOXYEYANCE. 

Keconveyance  of  trust  premises,  No.  1460. 

REFUSING  TO  MOYE  ON. 

Complaint — Refusing  to  "move  on  and  disperse" — Justice's  court,  No. 
1023. 

REGISTRATION  OF  TITLES. 

Acknowledgment  of  husband  or  wife's  consent  for  registration — Ore- 
gon, No.  3249b. 

Affidavit  to  application — Hawaii,  No.  3247. 

Application  for  initial  registration — Hawaii,  No.  3246. 

Application  for  initial  registration — Washington,  No.  3248. 

Certificate  of  title — Humboldt  form,  No.  3245. 

Certificate  of  title — ^Los  Angeles  form,  No.  3244. 

Certificate  of  title— South  Dakota,  No.  3249e. 

Decree  establishing  title.  No.  3243. 

Notice  of  application  for  registration — Hawaii,  No.  3249. 

Notice  of  application  for  registration — Oregon,  No.  3249a. 

Notice  of  filing  petition  for  registration  of  title  under  Torrens  Act, 
No.  3242. 

Order  for  service  and  publication  of  notice  of  filing  petition.  No.  3241. 

Petition  for  registration  of  land  under  Torrens  Act,  No.  3240. 

Summons  on  application  for  registration — South  Dakota,  No.  3249d. 

Summons  on  application  for  registration — "Washington,  No.  3249c. 

EE-LEASE  AND  SATISFACTION. 

Answer  alleging  release  of  claim,  No.  32G5. 
Answer  setting  up  satisfaction  by  oodefendant.  No.  3266. 
Certificate   of   discharge   of  mortgage   or   deed   of   trust   release    (statu- 
tory)— Wyoming,  No.  3262. 
Citation  to  administrator  on  release  of  surety.  No.  1797. 
Mutual  release.  No.  3252. 
Partial  release  of  mortgage.  No.  3257. 
Release  by  a  legatee  upon  his  coming  of  age,  No.  3255. 
Release  made  in  pursuance  of  award,  No.  419. 
Release  of  attachment.  No.  600. 
Release  of  claim  for  personal  injuries,  No.  3263. 
Release  of  all  demands,  No.  3250. 
Release  of  all  demands — Another  form,  No.  3251. 
Release  of  legacy,  No.  3254. 

Release  of  lien  on  land  by  a  judgment  creditor.  No.  3256. 
Release  of  real  property  from  attachment,  No.  GOU. 
Release  of  trust,  No.  3264. 
Release  to  a  guardian,  Nos.  2030,  3253. 
Satisfaction  of  judgment,  No.  3258. 
Satisfaction  of  mortgage,  No.  3259. 
Satisfaction  of  mortgage  after  foreclosure,  No.  3260. 
Satisfaction  of  mortgage   (statutory) — South  Dakota,  No.  3261. 


Index.  1397 

removing  body. 

Indictment  for  removing  body,  No.  2116. 

RENEWAL. 

Renewal  of  execution  by  indorsement — ^Justice's  court,  No.  1^43. 
Renewal  of  partnership  to  be  indorsed  on  original  articles,  No.  2SS2. 

REPLEVIN.     See  Claim  and  Delivery. 

Comjjlaint  against  carrier  to  replevin  goods,  No.  3280. 
Complaint  for  replevin  of  goods  in  the  hands  of  officer  levying  execu- 
tion, No.  3281. 
Replevin — Order  for  delivery  of  property — Washington,  No.  907. 

REPORT.     See  Return;   Probate  Sales. 

Dissenting  report  by  one  appraiser,  No.  2999. 

Report  of  administratrix  accompanying  account.  No.  18. 

Report  of  appraisers  favoring  division  of  land,  No.  20S7. 

Report  of  appraisers  opposing  division  of  land,  No.  2086. 

Report  as  to  disagreement  of  arbitrators  in  arbitration  in  pending  action, 

No.  422. 
Report  of  commissioners  in  partition  in  probate,  No.  2874. 
Report  of  executor  accompanying  annual  account.  No.  17. 
Report  of  referee  of  account,  No.  26. 
Report  of  referee  on  creditor's  claim,  No.  1391. 

BEQUEST.  See  Demand. 

Request  by  heir,  devisee  or  legatee  for  special  notice,  No.  2789. 

Request  for  appointment  of  administrator.  No.  1750. 

Request  for  inspection — Justice's  court,  No.  2156. 

REQUISITION. 

Requisition  to  return  property  to  defendant.  No.  891, 

Requisition  to  take  property  from  defendant,  No.  887. 

Requisition  upon  another  governor  or  foreign  government,  No.  1858. 

RESOLUTION. 

Final  resolution  of  board  of  directors  changing  place  of  business.  No. 
1299. 

Resolution  extending  time  of  delinquent  sale,  No.  1321. 

Resolution  of  religious,  educational  or  benevolent  society  to  become  in- 
corporate— Montana,  No.  1323. 

Resolution  rescinding  assessment,  No.  1314. 

Resolution  to  change  principal  place  of  business.  No.  1296. 

Resolution  waiving  further  proceeding  and  sale  under  assessments.  No. 
1316. 

RESTORATION   OF  RECORDS. 

Order  requiring  notice   of  hearing  petition   for   restoration    of   records, 

No.  3291. 
Petition  for  restoration  of  records.  No.  3290. 


1398  Index. 

RESTORATION  OF  TITLE. 

Affidavit  of  posting,  No.  3296. 

Affidavit  of  publication  of  summons,  No.  3298. 

Affidavit  of  service  of  summons.  No.  3295. 

Complaint,  No.  3292. 

Decree  establishing  title.  No.  3299a. 

Notice  of  lis  pendens,  No.  3299. 

Order  designating  newspaper  for  publication  of  summons,  No.  3297. 

Plaintiff's  affidavit  of  title,  No.  3293. 

Summons,  No.  3294. 

RESTORATION  TO  CAPACITY. 

.Judgment  of  restoration  to  capacity.  No.  3301. 
Petition  for  decree  restoring  to  capacity,  No.  3300. 

RESTRAINING   ORDER. 

Restraining  order,  No.  2146. 

RETURN.     See  Certificate. 

Attachment — Officer's  return  of  levy  on  moneys  and  other  personal 
property,  No.  590. 

Attachment — Officer's  return  of  levy  on  shares  in  corporation.  No.  591. 

Officer's  return  of  property  delivered  to  plaintiff,  No.  890. 

Officer's  return  of  property  to  defendant.  No.  893. 

Return  and  account  of  sales  of  personal  property.  No.  3107. 

Return  and  account  of  sale  of  real  estate,  No.  3093. 

Return  and  account  of  trustee,  No.  3690. 

Return  and  certificate  of  service  by  officer,  No.  3562. 

Return  and  certificate  of  service  by  officer — Justice's   court,   No.   3551. 

Return  and  certificate  of  attempted  service  by  sheritf,  where  certifi- 
cate of  residence  has  been  filed.  No.  3573. 

Return  and  certificate  of  service  upon  county,  city  or  town,  No.  3571. 

Return  and  certificate  of  service  upon  domestic  corporation,  No.  3563. 

Return   and   certificate   of   service  upon   foreign   corporation,  No.   3565. 

Return  and  certificate  of  service  upon  minor  defendaut.  No.  3567. 

Return  and  certificate  of  service  upon  person  of  uusound  mind.  No. 
3569. 

Return  and  certificate  of  service  of  summons,  order  of  arrest,  and 
notice  to  plaintiff — Justice's  court.  No.  446. 

Eeturn  of  attachment  or  execution  showing  levy  on  credits,  etc. — Jus- 
tice's court.  No.  616. 

Return  of  execution  satisfied.  No.  1671. 

Return  of  execution  satisfied — Another  form,  No.  1672. 

Return  of  levy  on  and  sale  of  per-onal  property,  No.   1708. 

Return  of  levy  on  and  sale  of  real  property,  No.  1704. 

Return  of  sale  of  real  estate,  No.  1705. 

Return  of  service  of  notice  of  setting  case  for  trial  or  hearing  of  de- 
murrer— Justice's  court.  No.  2787. 


Index.  1399 

RETURN  (Contimiod). 

Eeturn  of  service  of  order,  No.  3616. 

Eeturn  of  search-warrant,  No.  3333. 

Eeturn  on  attachment  of  personalty — Justice's  court,  No.  615. 

Eeturn  or  verdict  of  coroner's  jury,  No.  1281. 

Eeturn  to  be  indorsed  on  or  annexed  to  writ  of  habeas  corpus,  No.  204i. 

EETOCATION.     See  Wills. 

Eevocation  of  an  executor   and  another   appointed  in  his   stead,   by   a 

codicil,  No.  3924. 
Revocation  of  power  of  attorney,  No.  2986. 
Eevocation  of  submission  by  one  party,  No.  415. 

RIGHT  OF  WAY. 

Deed  of,  No.  1446. 

ROBBERY. 

Complaint — Robbery,  No.  1034. 
Indictment  for,  No.  2109. 

RUBBISH. 

Complaint — Allowing  rubbish  to  accumulate  on  street — Justice's  court, 

No.  1011. 
Complaint — Depositing  rubbish  in  street — Justice's  court.  No.  1013. 


SALE.     See  Affidavit;  Bills  of  Sale;  Deeds;  Probate  Sales;  Petition;   Re- 
turns. 

SATISFACTION.     See  Release  and  Satisfaction. 

SEARCH-WARRANT. 

Complaint  for  search-warrant,  No.  3330. 

Inventory  to  be  attached  to,  or  written  on  back  of  search-warrant,  and 

affidavit.  No.  3334. 
Return  of  search-warrant,  No.  3333. 
Search-warrant,  No.   3331. 
Search-warrant — Waslnngton,  No.  3332. 

SERVICE  OF  PROCESS.     See  Affidavit;  Eeturn;  Subpoena;  Summons. 

SERVICES  RENDERED. 

Complaint  for  services  of  minor  son.  No.  3342. 
Complaint  for  services  rendered  at  fixed  price.  No.  3341. 
Complaint  for  work  done  and  materials  furnished,  No.  3340. 

SHERIFFS. 

Complaint  against  sheriff  for  false  return.  No.  3350. 
Complaint  against  sheriff  for  moneys   collected.  No.   3351. 


1400  Index. 

SHERIFFS  (Continued) , 

Complaint  against  sheriff  for  neglecting  to  return  execution,  No.  3352. 
Complaint  against  sheriff  for  not  executing  process,  No.  3353. 
Complaint  against  sheriff  for  not  levj'ing,  No.  3354. 
Sheriff's  deed  on  execution,  No.  1468. 
Sheriff's  deed  on  foreclosure,  Nos.  1469,  1962. 
Sheriff's  indemnity  bond  on  attachment,  No.  777. 
Sheriff's  indemnity  bond  on  execution,  No.  778. 
Sheriff's  official  undertaking — Oregon,  No.  817. 

SLANDER.     See  Libel  and  Slander. 

SOLE  TRADERS. 

Affidavit  required  of  sole  trader,  No.  3373. 

Complaint  against  sole  trader,  No.  3374. 

Decree  empowering  married  woman  to  become  sole  trader.  No.  3372. 

Notice  of  intention  to  become  sole  trader,  No.  3370. 

Petition  to  become  sole  trader.  No.  3371. 

SPECIAL  LETTERS. 

Special  letters  of  administration,  No.  1747. 

SPECIFICATIONS. 

Specifications  for  a  composition  of  matter,  No.  2930. 
Specification  for  a  design,  No.  2931. 
Specifications  for  a  machine,  No.  2928. 
Specifications  for  a  process.  No.  2929. 

STATUTE  OF  FRAUDS. 

Statute  of  frauds — Answer — Marriage,  No.  332. 

Statute  of  frauds — Answer — No  note  or  memorandum,  etc..  No.  331. 

Statute  of  frauds — Answer — No  performance  within  a  year,  No.  333. 

STATUTE  OF  LIMITATIONS. 

Statute  of  limitations — Answer — In  general,  No.  334. 
Statute  of  limitations — Answer — Specific  section.  No.  335. 

STIPULATIONS. 

Stipulation  admitting  facts  and  that  allegations  in  complaint  are  true, 

No.  3376. 
Stipulation  as  to  facts,  No.  3375. 
Stipulation  for  filing  of   amended  pleading   and   submission   of   cause. 

No.  3380. 
Stipulation  revoking  submission,  No.  414. 

Stipulation  that  cause  be  submitted  on  a  single  issue,  No.  3379. 
Stipulation  that   proceedings   be   stayed   until   decision   is  rendered   in 

another  cause,  and  providing  for  judgment,  No.  3381. 


Index.  1^01 

STIPULATIONS  (Continued). 

Stipulation  to  admit  deed  as  prima  facie   title  to  land  and  specifying 

objections  that  may  be  raised  tiiereto,  No.   3378. 
Stipulation  to  admit  testimony  given  in  another  case,  No.  3377. 
Stipulation  to  take  deposition  of  witness,  No.  1538. 

Stipulation  to  take  deposition  without  notice  or  commission,  No.   1539. 
Stipulation  transferring  case,  No.  866a. 

STOCKHOLDER'S  LIABILITY. 

Complaint  by  creditor  against  stockholder  on  stockholder's  liability,  No. 
3400. 

SUBCONTRACTOR'S  LIEN.    See  Lien. 

SUBMISSION  OF  CONTROVERSY. 

Submission  of  controversy  without  action,  No.  302. 

SUBPOENA. 

Affidavit  for  order  for  nonresident  witness  to  attend,  No,  3436. 
Affidavit  of  service  of  subpoena  in  civil  proceeding.  No.  3447. 
Affidavit  of  service  of  subpoena  in  criminal  action,  No.  3448. 
Application   for   subpoena   to   compel   a   subscribing   witness   to   attend 
before  an  officer  to  prove  the  execution  of  a  conveyance.  No.  3452, 
Certificate  of  service  of  subpoena  in  civil  proceeding,  No.  3449. 
Certificate  of  service  of  subpoena  in  criminal  action.  No.  3450. 
Complaint  against  witness  for  disobeying  subpoena.  No.  3451. 
Order  for  nonresident  witness  to   attend.  No.   3437. 
Subpoena — Civil   action — Justice's   court,   No.   3431. 
Subpoena — Criminal  action — Justice's  court.  No.  3434. 
Subpoena  for  nonresident  witness,  No.  3435. 
Subpoena — ^Justice  of  the  peace — Washington,  No.  3443. 
Subpoena  of  justice  of  the  peace — Colorado,  No.  3441. 
Subpoena  of  justice  of  the  peace — Oregon,  No.  3442. 
Subpoena  on  arbitration,  No.  398. 
Subpoena  to  alleged  bankrupt.  No.  635. 

Subpoena  to  appear  before  court  of  record  in  civil  proceeding,  No.  3430. 
Subpoena  to  appear  before  court  of  record  in  criminal  action,  No.  3432. 
Subpoena  to  appear  before  court  of  record  in  criminal  action — Oregon, 

No.  3433. 
Subpoena  to  appear  before  grand  jury.  No.  3438. 
Subpoena  to   appear  before   grand  jury — Oregon,   No.   3439. 
Subpoena  to  appear  before  magistrate — Oregon,  No.  3445. 
Subpoena  to  appear  before  notary  public,  No.  3446. 

SUBSCRIBING  WITNESS. 

Testimony  of  subscribing  witness.  No.  3965. 

Testimony  of  witness  on  probate  of  will — Another  form,  No.  3968. 


1402  Index. 

SUBSCEIPTION. 

Subscription  agreement  of  corporation  to  be  formed — Several  counter- 
parts, No.  1311. 
Subscription  for  the  accomplishment  of  an  object  of  interest  to  all,  No. 

1177. 
Subscription  to  take  stock  in  corporation  to  be  formed,  No.  1312. 

SUBSTITUTION  OF  ATTORNEY. 

Notice  of  acceptance  of  substitution.  No.  3481. 
Substitution  of  attorney.  No.  3480. 

SUBSTITUTION  OF  PAETIES. 

Affidavit  for  substitution  of  party.  No.  3500, 

Conditional  order  of  substitution  of  party — Justice's  court,  No.  3502. 

Notice  to  plaintiff  of  application  for  substitution  of  party  defendant — 

Justice's   court.  No.  3501. 
Order  of  substitution — Justice's  court,  No.  3503. 

SUMMONS. 

Affidavit  for  publication  where  defendant  cannot  be  found  within  the 

state.  No.  3576. 
Affidavit  for  publication  where  defendant  resides  out  of  the  bliite,  No. 

3574. 
Affidavit  of  mailing  copy  of  summons.  No.  3579. 
Affidavit  of  publication.  No.  3580. 
Affidavit  of  service  of  summons,  No.  3552. 
Affidavit  of  service  upon  county,  city  or  town.  No.  3572. 
Affidavit  of  service  upon  domestic  corporation.  No.  3564. 
Affidavit  of  service  upon  foreign  corporation.  No.  3566, 
Affidavit  of  service  upon  minor  defendant.  No.  3568. 
Affidavit  of  service  upon  person  of  unsound  mind,  No.  3570. 
Affidavit  that  defendant  is  concealing  himself  to  avoid  service.  No.  3578. 
Alias  summons   in  action   to  foreclose  liens   on   chattels   or  trespassing 

animals — Justice's  court — North  Dakota,  No.  3554. 
Alias  summons — Justice's  court.  No.  3544. 
Certificate  to  be  attached  to  summons  to  be  served  out  of  the  county 

— Justice's  court.  No.  3553. 
Complaint  and  notice — Justice's  court — Washiugton,  No.  3549. 
Notice  where  service  of  summons  is  by  publication — Justice's  court.  No. 

3550. 
Order  for   publication   where    defendant  cannot    be   found   within   the 

state,  No.  3577. 
Order  for  publication   where  defendant  resides   out  of  the  state.  No. 

3575. 
Return,  and  certificate  of  service  by  officer,  No.  3562. 
Return  and  certificate  of  service,  by  officer — Justice's  court,  No.  3551. 
Return,  and  certificate  of  service  upon  county,  city  or  town,  No.  3571. 


Index.  1403 

BUMMOlSfS  (Continupd). 

Return,  and  certificate  of  eervice  upon  domestic  corporation,  Wo.  dOOtf. 
Return,  and  certificate  of  service  upon  foreign  corporation,  No.  3565. 
Return,  and  certificate  of  service  upon  minor  defendant,  No.  3567. 
Return,  and  certificate  of  service  upon  person   of  unsound  mind.  No. 

3569. 

Return,  and  certificate  of  attempted  service  by  sheriff,  where  certifi- 
cate of  residence  has  been  filed.  No  3573. 

Statement,  in  summons,  of  cause  of  action  on  an  account  stated,  aflrl 
for  money  loaned,  and  goods  sold,  No.  3555. 

Statement,  in  summons,  of  cause  of  action  for  commissions  on  sales, 
conversion  of  proceeds  of  sales,  etc..  No.  3561. 

Statement,  in  summons,  of  cause  of  action  for  money  loaned  and  ad- 
vanced. No.   3557. 

Statement,  in  summons,  of  cause  of  action  for  payment  of  proceeds  of 

sale.  No.  3558. 
Statement,  in  summons,  of  cause  of  action  for  street  assessment,  No. 

3559 
Statement,  in  summons,  of  cause  of  action  on  bond  and  mortgage,  No. 

3560.  ^^     „._ 

Statement,  in  summons,  of  cause  of  action  on  promissory  note,  No.  3oofa. 
Summons— Alaska— Justice  of  the  peace,  No.  3584. 
Summons — Colorado,  No.  3536. 
Summons — General  form,  No.  3535. 
Summons — Montana,  No.  3537. 
Summons — North  Dakota,  No.  3538. 
Summons— Utah,  No.  3539. 
Summons — Washington,  No.  3540. 
Summons  for  publication— Washington,  No.   3541. 
Summons  in  eminent  domain,  No.  1616. 
Summons  in  divorce.  No.  1579. 

Summons  in  forcible  entry  and  detainer.  No.  1905. 
Summons  in  forcible  entry  and  detainer— Nevada.  No.  1906. 
Summons  in  forcible  entry  and  detainer— New  Mexico,  No.  1907. 
Summons  in  partition.  No.   2863. 

Summons — Justice's  court.  No.  3543. 

Summons— Justice's  court— Colorado,  No.  3545. 

Summons— Justice's  court— Oregon,  No.  3546. 

Summons— Justice's  court— Utah,  No.  3547. 

Summons— Justice's  court— Washington,  No.  3548. 

Summons — McEnerney  Act,  No.  3294. 

Summons  out  of  municipal  court — Utah,  No.  3542. 

Summons  to  corporation  (Criminal  Case),  No.  1331. 

Summons  to    corporation    for    violation    of    city    ordinance— Justice's 
court— Utah,  No.  3582. 

Summons  to  corporation — Justice's  court,  No.  3581. 

Summons  to  juror,  No.  3583. 

Summons  to  witness  in  bankruptcy.  No.  698. 


1404  Index. 

SUPPLEMENTAL  PLEADINGS. 
Supplemental  answer,  No.  3600. 

SUPPLEMENTARY  PROCEEDINGS. 

Affidavit  to  obtain  order  for  examination  of  judgment  debtor  in  supple- 
mentary proceedings,  No.  3610. 

Affidavit  to  obtain  order  for  examination  of  debtor  of  judgment  debtor, 
or  of  his  bailee,  No.  3612. 

Order  forbidding  transfer  of  property  alleged  to  belong  to  judgment 
debtor,  or  upon  denial  of  indebtedness  to  liim,  No.  3615. 

Order  for  examination  of  debtor  of  judgment  debtor,  or  of  his  bailee, 
No.  3613. 

Order  that  judgment  debtor  appear  and  answer  concerning  his  property, 
No.  3611. 

Order  that  property  of  judgment  debtor  be  applied  to  satisfaction  of 
judgment,  No.  3614. 

Return  of  service  of  order,  No.  3616. 

Undertaking  of  judgment  deb<or  to  appear  and  answer  in  supple- 
mentary proceedings,  No.  3617. 

SURRENDER. 

Surrender  of  lease,  No.  2407. 


TAN  GAME. 

t        Indictment  for  conducting  tan  game.  No.  2115. 

TAX  DEED. 

Tax  deed,  No.  1436. 

TENANT.     See  Landlord  and  Tenant.  • 

TERMINATION  OF  LIFE  ESTATE. 

Decree  showing  termination  of  life  estate,  No.  3631. 

Petition  for  decree  showing  termination  of  life  estate.  No.  3630. 

TESTIMONY. 

Testimony  of  applicant  on  probate  of  will,  Nos.  3964,  3967. 

Testimony  of  subscribing  witness.  No.  3965. 

Testimony  of  witness  on  probate  of  will — Another  form,  No,  3966. 

THIRD  PARTY   CLAIM. 

Third  party  claim.  No.  1666. 

TITLE.     See  Quieting  Title;  Restoration  of  Title. 

TRADEMARK.     See  Copyright;  Patents. 

Application  by  corporation  for  registration  of  trademark,  No.  3643. 


Index.  1405 

TKADEMA"RK   (ContiTiiiod). 

Application  by  firm  for  registration   of  trademark,  No.  3642. 
Application  for  registration  of  trademark,  No.  36-11. 
Declaration  of  trademark,  No.  3640. 
Transfer  of  trademark,  No.  3644. 

TRESPASS. 

Answer  justifying  trespass,  No.  3G72. 

Complaint   by   tenant    against    third    person   for   destroying   pasturage, 

No.  3670. 
Complaint — Trespassing  cattle,  No.  3671. 

TRIAL.     See  Change  of  Place  of  Trial. 

Trial — Notice  of — Justice's  court,  No.  2785. 

TRUSTEES. 

Return  and  account  of  trustee.  No.  3690. 

Trustee's  deed — Wyoming,  No.  1461. 

Trustee's  report  of  exempted  property,  No.  707. 


UNDERTAKINGS.     See  Bonds;  Keeping  the  Peace. 

Bail  upon  appeal — Undertaking — Oregon  and  Alaska,  No.  487. 

Undertaking  and   "security"   for   appearance    of   material   witness.   No. 
479. 

Undertaking  by  claimant,  other  than  judgment  debtor,  for  release  of 
property.  No.  1669. 

Undertaking  by  material  witness  to  appear.  No.  478. 

Undertaking  for  arrest  in  justice's   court — Oregon,   No.   449. 

Undertaking  for  arrest  in  justice's  court — Washington,  No.  450. 

Undertaking  for  attachment — Oregon,  No.  570. 

UndertTiking  for  attachment — Washington,  No.  571. 

Undertaking  for  costs  on  appeal — Justice's  court  to  superior  court,  No. 
360. 

Undertaking  for  delivery  of  property  to  plaintiff — Oregon,  No.  886. 

Undertaking  for  delivery  of  property  to  plaintiff — Washington,  No.  906. 

Undertaking  for  order  of  arrest,  No.  440. 

Undertaking  for  release  or  discharge  of  attachment — Oregon,  No.  59S. 

Undertaking  for  release  or  discharge  of  attachment — Washington,  No. 
599. 

Undertaking  for  return  of  property  to  defendant.  No.  892. 

Undertaking  of  bail  upon  recommitment.  No.  485. 

Undertaking  of  judgment  debtor  to  appear  and  answer  in  supplemen- 
tary proceedings,  No.  3617. 

Undertaking  on  adjournment  for  more  than  ten  days — Justice's  court 
No.  1156. 

Undertaking  on  admission  to  bail — ^Justice's  court.  No.  480. 


1406  Index. 

UNDERTAKHSTGS  (Continued). 

Undertaking  on  admission  to  bail — Justice's  court — Alaska  and  Oregon, 
No.  481. 

Undertaking  on  appeal  from  judgment  directing  delivery  of  possession 
of  real  property — Justice's  court  to  superior  court,  No.  363. 

Undertaking  on  appeal  from  judgment  for  recovery  of,  or  to  foreclose  a 
lien  on,  specific  personal  property — Justice's  court  to  superior  court, 
No.  362. 

Undertaking  on  appeal  from  judgment  of  fine  and  imprisonment — Jus- 
tice's court  to  superior  court,  No.  3Gi. 

Undertaking — on  appeal  from  judgment  of  imprisonment — Justice's 
court  to  superior  court.  No.  365. 

Undertaking  on  appeal  from  justice's  court  in  criminal  case — Wyoming, 
No.  368. 

Undertaking  on  appeal  from  money  judgment — Justice's  court  to  su- 
perior court.  No.  361. 

Undertaking  on  appeal — Unlawful  detainer — Justice's  court  to  superior 
court,  No.  366. 

Undertaking  on  attachment — California,  No.  568. 

Undertaking  on  attachment — Justice's  court.  No.  569. 

Undertaking  on  claim  and  delivery.  No.  885. 

Undertaking  on  part  of  defendant.  No.  443. 

Undertaking  on  release  of  attachment — Justice's  court,  No.  597. 

Undertaking  or  peace  bond,  No.  2352. 

Undertaking  to  indemnify  constable — Washington,  No.  1668. 

Undertaking  to  indemnify  officer  against  claim  of  third  person.  No.  895. 

Undertaking  to  indemnify  sheriff — Oregon,  No.  1667. 

Undertaking  to  stay  levy  of  attachment,  No.  583. 

Undertaking  when  admitted  to  bail  by  habeas  corpus,  No.  2045. 

UNLAWFUL  DETAINER.     See  Forcible  Entry  and  Defainer. 
Answer  in  unlawful  detainer.  No.  3714. 

Complaint  for  holding  over  after  expiration  of  term,  No.  3711. 
Complaint  for  holding  over  after  rent  due,  No.  3710. 
Notice  of  application  to  be  restored  to  premises,  No.  3712. 
Petition  for  relief  against  forfeiture  of  lease,  No.  3713. 
Summons  in  unlawful  detainer,  No.  1905, 

UTTERING  FICTITIOUS  CHECK. 

Complaint — Uttering  fictitious  check,  etc. — Justice's  court,  No.  1040, 

VAGRANCY. 

Complaint — ^Vagrancy — Justice's  court,  No.  987. 

VENIRE. 

Indorsement  on  venire — Justice's  court,  No.  3783. 
Special  venire,  No.  3781. 


Index.  1407 

VEONTRE  (Continued). 

Venire— Clerk's   certificate,   No.   3780. 
Venire — Justice's  court,  No.  3782. 

VENUE.     See  Change  of  Place  of  Trial. 

VERDICT. 

Interrogatories  as  to  special  issues  submitted,  No.  3810. 

Verdict  as  to  value  of  specific  portion  of  property,  in  claim  and  deliv- 
ery. No.  3809. 

Verdict  for  plaintiff  assessing  damages,  No.  3805. 

Verdict  for  defendant,  in  claim  and  delivery.  No.  3808. 

Verdict  for  defendant,  on  counterclaim,  No.  3806. 

Verdict  for  plaintiff,  in  claim  and  delivery,  No.  3807. 

JVerdict  for  plaiutiff  or  defendant,  No.  3804. 

Verdict  of  acquittal  on  ground  of  insanity,  No.  3802. 

Verdict  of  acquittal  on  ground  of  variance,  No.  3803. 

Verdict  of  the  jury  in  criminal  cases — Justice's  court.  No.  3812. 

Verdict  on  special  issues  submitted.  No.  3811. 

Verdict  upon  plea  of  former  conviction  or  acquittal  of  the  same  offense, 
No.  3801. 

Verdict  upon  plea  of  not  guilty,  No.  3800. 

VERIFICATION. 

Verification  by  attorney.  No.  3832. 

Verification  by  officer  of  corporation,  No.  3833. 

Verification  by  other  than  party.  No.  3831. 

Verification  in  proceedings  to  remove  or  suspend  an  attorney,  No.  3834. 

Verification  of  claim  of  lien.  No.  2499. 

Verification  of  election  contest.  No.  3835. 

Verification  to  pleading.  No.  3830. 

VULGAR  LANGUAGE. 

Complaint — Vulgar  language — Justice's  court,  No.  1033. 


WAIVED. 

Waiver  of  appeal  and  motion  for  new  trial,  No.  369. 

WANT  OF  CAPACITY. 

Want  of  capacity — Answer — Plaintiff  an  alien  enemy,  No.  328. 

WARD.     See  Guardianship. 

WARRANT. 

Bench  warrant  on  indictment  or  information.  No.  3850. 
Indorsement  of  service  of  warrant.  No.  3851. 
Warrant  of  arrest,  No.  463. 


1108  Index. 

WAREANT  (Continued). 

Warrant  of  arrest  for  threatened  offense — "Washington,  No.  2351. 
Warrant  of  arrest — Hawaii,  No.  464. 
Warrant  of  arrest — Justice's   court,  No.  469. 
'■  Warrant  of  arrest- — Justice's  court,  No.  3852. 

Warrant  of  arrest — Justice's  Court — Washington,  No.  470. 

Warrant  of  arrest  on  extradition,  No.  1859. 

Warrant  of  commitment  for  contempt  in  using  disrespectful  and   con. 

temptuous  language.  No.  1131. 
Warrant  of  commitment  on  failure  to  produce  will,  No.  3952. 
Warrant  for  contempt — Justice's   court — Washington,  No.  1132. 
Warrant  to  marshal — Bankruptcy,  No.  637. 

WARRANTY  DEED. 

Warranty  deed.  No.  1449.  • 

Warranty  deed,  by  attorney  in  fact,  with  usual  covenants,  No.  1466. 
Warranty  deed — Arizona,  No.  1453. 
Warranty  deed — Wyoming,  No.  1463. 

WATER  ORDINANCE. 

Complaint — Violation  of  water  ordinance — Justice's  court,  No.  1029. 

WILLS. 

Appointment  of  executors  and  substitutionary  executors.  No.  3918. 
Attestation   of  will — Acknowledged  by  testator  to  be  signed  by  him, 

No.  3890. 
Attestation  of  will,  signed  in  presence  of  witnesses,  No.  3888. 
Attestation  of  will  where  testator's  name  is  written  by  person   at  his 

request,  No.  3889. 
Bequest  of  an  annuity  to  a  wife  during  widowhood.  No.  3915. 
Bequest  of  jewels,  furniture,  etc.,  to  the  wife  of  the  testator.  No.  3913. 
Request  of  one  dollar  to  an  imprudent  son,  No.  3907. 
Bequest  of  the  residue  of  the  testator's  estate,  No.  3917. 
Charitable  bequests,  No.  3914. 

Clause  bequeathing  money  upon  trusts,  No.  3900. 
Clause  conferring  power  to  sell.  No.  3896. 

Clause  containing  proviso  for  appointing  new  trustee.  No.  3903. 
Clause   containing  proviso   binding  the   testator's   devisees   to   take   his 

surname,  No.   3899. 
Clause  containing  provision  for  indemnity  of  trustees,  No.  3901. 
Clause  containing  provision  for  appointment  of  trustees — Another  form, 

No.  3904. 
Clause  devising  to  daughter  for  life,  remainder  to  trustees  to  support 

contingent  remainders,  etc.,  No.  3898. 
Clause  disposing  of  real  and  personal  estate  to  trustees,  with  power  to 

sell,  No.  3895. 


Index.  1409 

WILLS  (Continued). 

Clause  directing  residue  of  personal  estate  to  be  invested  in  stock,  No. 

3897. 
Clause   preventing  an  annuitant  under  a   will   from  parting  with   his 

annuity,  No.  3916. 
Clause  providing  that  if  trustees  and  executors  differ  in  opinion,  the 

matter  in  difference  to  be  decided  by  the  majority,  No.  3919. 
Clause  providing  that,  in  case  a  legatee  shall  sue  or  molest  any  other 

legatee,  in  the  enjoyment  of  his  legacy,  etc.,  such  gift  to  such  per- 
son, etc.,  to  be  void.  No.  3902. 
Clause  whereby  testator  forgives  all  debts   due  from  relations  therein 

named,  No.  3905. 
Clause   whereby  testator  remits   a   debt   due  from  his  brother,  in  case 

he  does  not  molest  the  execution  of  his  will.  No.  3906. 
Codicil,  No.  3920. 
Codicil,  altering  the  will,  etc.,  with  proper  conclusion  and  attestation, 

No.  3923. 
Codicil,   olographic   or   witnessed,   indorsed   upon    the   back    of   a    will, 

No.  3921. 
Codicil  ratifying  the  will.  No.  3922. 
Devise   or  gift  to  Stanford  University,  San  Mateo   county,   California, 

for  the  education  of  one  poor  scholar  forever,  No.  3908. 
Devise  of  a  sum  to  be  applied  in  releasing  poor  prisoners.  No.  3912. 
Devise  to  an  executor  in  consideration  of  friendship,  etc.,  No.  3909. 
Direction  to  trustees  to  pay  an  annuity,  No.  3910. 

General  form  of  a  codicil  where  several  legacies  are  revoked,  No.  3925. 
Nuncupative  will,  No.  3926. 
Olographic  (or  holographic)  will,  No.  3927. 
Pecuniary  legacies,  No.   3911. 
Revocation  of  appointment  of  executor,  and  another  appointed  in  his 

stead,  by  a  codicil,  No.  3924. 
Will,  No.  3887. 
Will.  No.  3891. 
Will,  No.  3892. 
Will,  No.  3893. 
Will  making  a  general   disposition   of  property,  also   an  annuity,   with 

other  bequests.  No.  3894. 

WILLS— PROBATE  AND  CONTEST  OF. 

Affidavit  of  mailing  notice  of  probate  to  heirs,  No.  3961. 
Affidavit  of  personal  service  on  heirs,  No.  3963. 
Affidavit  of  publication  of  notice  of  probate  of  will,  No.  3962. 
Answer  to  opposition  to  probate.  No.  3977. 
Certificate  establishing  lost  or  destroyed  will,  No.  3987. 
Certificate  of  proof  of  lost  will.  No.  3970. 
Certificate  of  proof  of  will.  No.  3968. 

Certificate  of  proof  of  will  and  facts  found— Another  form,  No.  3969. 
Form  Book — 89 


1410  Index. 

WILLS— PEOB ATE  AND  CONTEST  OF  (Continued). 
Certificate  of  rejection  of  will,  No.  3971. 
Citation  on  application  to  revoke  probate,  No.  3981. 
Contest  and  opposition  to  probate  of  codicil,  No.  3979. 
Contest  of  will  after  probate.  No.  3983. 
Contest  of  will  before  probate.  No.  3978. 
Opposition  to  probate  of  will,  No.  3976. 
Order  admitting  foreign  will  to  probate,  No.  39S6. 
Order  admitting  will  to  probate,  No.  3972. 
Order  admitting  will  to  probate — Another  form.  No.  3973. 
Order  admitting  will  to  probate — Another  form.  No.  3974. 
Order  appointing  time  for  hearing  petition  for  probate  of  foreign  will, 

No.   3985. 
Order  requiring  production  of  will.  No.  3951. 
Order  revoking  probate  of  will.  No.  3982. 
Order  to  produce  will,  No.  3950. 

Notice  of  time  and  place  for  proving  will,  No.  3960. 
Petition  for  order  to  produce  concealed  will,  No.  3953. 
Petition  for  probate  of  foreign  will.  No.  3956. 
Petition  for  probate  of  foreign  will — Another  form.  No.  3957. 
Petition  for  probate  of  lost  mil.  No.  3958. 
Petition  for  probate  of  nuncupative  will.  No.  3988. 
Petition  for  probate  of  will.  No.  3955. 

Petition  for  probate  of  will  not  in  possession  of  petitioner,  No.  3959. 
Petition  to  revoke  the  probate  of  a  will  on  discovery  of  later  will,  No. 

3980. 
Renunciation  of  right  to  letters  by  executor,  No.  3954. 
Testimony  of  applicant  on  probate  of  will.  No.  3964. 
Testimony  of  applicant  on  probate  of  will — Another  form.  No.  3967. 
Testimony  of  subscribing  witness.  No.  3965. 

Testimony  of  witness  on  probate  of  will — Another  form.  No.  3966, 
Warrant  of  commitment  on  failure  to  produce  will.  No.  3952. 

WRITS. 

Order  for  writ  of  assistance.  No.  4000. 

Peremptory  writ  of  mandamus.  No.  2590. 

"Writ"  of  arrest  in  justice's  court — Oregon,  No.  451. 

Writ  of  assistance.  No.  4001. 

Writ  of  attachment — Arizona,  No.  577. 

Writ  of  attachment — California,  No.   575. 

Writ  of  attachment — Hawaii,  No.  578. 

Writ  of  attachment — Justice's  court.  No.  576. 

Writ  of  attachment — New  Mexico,  No.  579. 

Writ  of  attachment — Oregon  and  Alaska,  No.  580. 

Writ  of  attachment — Washington,  No.  581. 

Writ  of  certiorari,  No.  860. 

Writ  of  execution  on  money  judgment.  No.  1641. 


Index.  1411 


WRITS  (Continued). 

Writ  of  garnishment — New  Mexico,  No.  607. 

Writ  of  habeas  corpus,  No.  2043. 

Writ  of  possession,  No.  4003. 

Writ  of  replevin — New    Mexico,    No.    905 

Writ  of  restitution,  No.  4002. 

Writ  of  restitution — Nevada,  No.  4004. 


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